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TC Packet 06-27-2023_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES 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 MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, June 27, 2023
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL
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 Public comments are limited to three (3) minutes. The speaker may be given
one (1) additional minute subject to Council approval.
5. BUSINESS ITEMS
5.1. Presentation and Acceptance of 2022 Annual Comprehensive Financial Report (Finance Director
Scott Wright)
5.2. Public Hearing: Second Reading Ordinance 23-02: Referring the Establishment of a
Downtown Development Authority to a Special Election and Amending the Avon Municipal Code
to Adopt Title 4 – Avon Downtown Development Authority (Town Manager Eric Heil)
5.3. Resolution 23-12: Appointing the Town Clerk as the Designated Election Official, and
Delegating the Authority and Responsibility of Appointing Election Judges for the Town of Avon’s
Special Election on August 29, 2023 (Town Clerk Miguel Jauregui Casanueva)
5.4. Continued Public Hearing: Lot 3, Mountain Vista Resort, Stonebridge Hotel Major Development
Plan and Development Bonus (Senior Planner Jena Skinner)
5.5. Resolution 23-11: Housing Guidelines (Senior Planner Jena Skinner)
5.6. Letter of Agreement with Education Foundation of Eagle County for Skatepark use in Harry A.
Nottingham Park (Planning Director Matt Pielsticker)
5.7. Work Session: Regional Housing Action Plan (Town Manager Eric Heil)
5.8. Work Session: Rezone Slope Side Open Space to High Density Residential for Community
Housing (Town Manager Eric Heil)
5.9. Work Session: Housing-Long Range Planner (Planning Director Matt Pielsticker)
5.10. Approval of Amendment to the Town Manager Employment Agreement (Mayor Amy Phillips)
6. MINUTES
6.1. Approval of June 13, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
7. WRITTEN REPORTS
7.1. Draft May 18 Culture, Arts & Special Events Committee Meeting Minutes (Special Events
Coordinator Chelsea Van Winkle)
7.2. Monthly Financials (Senior Accountant Dean Stockdale)
7.3. Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin)
7.4. Grant Summary Update (Deputy Town Manager Patty McKenny)
7.5. Comcast Franchise Agreement Renewal Update (Deputy Town Manager Patty McKenny)
7.6. Draft June 19 Finance Committee Meeting Minutes (Town Clerk Miguel Jauregui Casanueva)
7.7. Capital Improvements Plan Update (Public Works Director Eva Wilson)
** Indicates topic will be discussed at future agenda’s
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES 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 MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
9. EXECUTIVE SESSION
9.1. Executive Session pursuant to 24-6-402(4)(e) for the purpose of determining positions relative to
matters that may be subject to negotiation; develop strategies for negotiation; instructing
negotiators. More specifically, relating to Lot B and relating to housing at Sheraton Mountain
Vista (Town Manager Eric Heil)
10. ADJOURN
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.
Page 1
TOWN COUNCIL REPORT
To: Honorable Mayor Amy Phillips and Avon Town Council
From: Scott Wright, Finance Director
Date: June 22, 2023
Re: 2022 Annual Comprehensive Financial Report and Communication with Governing Body
Introduction and Action Before Council
On Tuesday evening, Paul Backes with McMahon & Associates, the Town’s independent auditing firm,
will present their audit findings to the Avon Town Council.
Proposed Motion
After presentation of the audit report from the auditors, the appropriate action would be for Town
Council to accept the report. The recommended motion would be “Move to accept the 2022 Annual
Comprehensive Financial Report.”
Additional Information
In addition to presenting their audit findings, it is common for the auditors to make recommendations
regarding internal controls and policies and procedures to help the Town operate as efficiently as
possible with the highest degree of transparency and integrity. The auditors had two
recommendations from the 2022 audit related to compensate absences and cash reconciliations that
are included in Attachment A. The Finance Department agrees with the auditor’s findings and will
respond with appropriate action regarding addressing their recommendations.
Scott
Attachment A - Communication with Governing Body
Annual
Comprehensive
Financial Report
for the year ended
December 31, 2022
Town of Avon
100 Mikaela Way ▪ Avon, CO ▪ 81620 ▪ www.avon.org
Town of Avon, Colorado
Annual Comprehensive Financial Report
for the year ended December 31, 2022
Prepared by:
Scott C. Wright, CPA, CPFO
Director of Finance
TOWN OF AVON, COLORADO
LIST OF ELECTED AND APPOINTED OFFICIALS December 31, 2022
TOWN COUNCIL Amy Phillips, Mayor Tamra N. Underwood, May Pro Temp
Russell Andrade
Rich Carroll Lindsay Hardy Ruthie Stanley Chico Thuon
Tamra N. Underwood MANAGEMENT Eric Heil, Town Manager
Patty McKenny, Deputy Town Manager
Michael LaBagh, Recreation Director Greg Daly, Police Chief Matt Pielsticker, Planning Director Eva Wilson, Public Works Director
Scott Wright, Finance Director
i
TOWN OF AVON, COLORADO
ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2022
TABLE OF CONTENTS
INTRODUCTION Letter of Transmittal Certificate of Achievement for Excellence in Financial Reporting
Town of Avon Organization Chart
FINANCIAL SECTION Independent Auditor’s Report Management’s Discussion and Analysis
Basic Financial Statements Government-wide Financial Statements: Statement of Net Position Statement of Activities
Fund Financial Statements: Balance Sheet – Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balances – Governmental Funds
Statement of Net Position – Proprietary Funds
Statement of Revenues, Expenses and Changes in Fund Net Position – Proprietary Funds Statement of Cash Flows – Proprietary Funds Notes to the Financial Statements
Required Supplemental Information Schedule of Revenues, Expenditures and Changes in Fund Balances (Budgetary Basis) – Budget and Actual – General Fund
Schedule of Revenues, Expenditures and Changes in Fund
Balances (Budgetary Basis) – Budget and Actual – Avon Urban Renewal Authority Fund Notes to Required Supplemental Information
Page v-ix
x
xi
1-34-17
19 20-21
22-23
24-25
26-27
2830-3132-58
59
60 61
TOWN OF AVON, COLORADO
ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2022
TABLE OF CONTENTS - CONTINUED
ii
Other Supplemental Information Nonmajor Governmental Funds Combining Balance Sheet – Nonmajor Governmental Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances – Nonmajor Governmental
Funds Schedules of Revenues, Expenditures and Changes in Fund Balances (Budgetary Basis) - Budget and Actual: Water Fund Community Enhancement Fund
Community Housing Fund Exterior Energy Offset Fund Disposable Paper Bag Fee Fund Debt Service Fund Capital Projects Fund
Mobility Fund Fleet Maintenance Fund Equipment Replacement Fund
Miscellaneous Schedules:
Debt Schedule Detailed Schedule of General Fund Expenditures (Budgetary Basis) – Budget and Actual Detailed Schedule of General Fund Revenues (Budgetary
Basis) – Budget and Actual
Schedule of Capital Project Fund Project Expenditures (Budgetary Basis) – Budget and Actual Local Highway Finance Report
STATISTICAL SECTION
Net Position by Component Changes in Net Position Changes in Fund Balances, Governmental Funds Fund Balances, Governmental Funds
Tax Revenues by Source, Governmental Funds
Assessed Value and Actual Value of Taxable Property Direct and Overlapping Property Tax Rates Principal Taxpayers Property Tax Levies and Collections
Ratios of Outstanding Debt by Type
Page 62 64-65
66-67 68 69
70 71 72 73 74
76-77 78-79 82-83
85 86-87
88-90
92-93 94-95
98-99 100-103 104-105 106
107
108 109 110 111
112
iii
STATISTICAL SECTION (continued) Direct and Overlapping Governmental Activities Debt Ratio of General Bonded Debt Outstanding and Legal Debt
Margin
Demographic and Economic Statistics Principal Employers Commercial and Residential Construction Full-time Equivalent Employees by Function / Program
Operating Indicators by Function / Program
SINGLE AUDIT SECTION Notes to Schedule of Federal Awards Report on Internal Control Over Financial Reporting and on
Compliance and Other Matters Based on an Audit of
Financial Statements Performed in Accordance with
Governmental Auditing Standards Report on Compliance for Each Major Program and on Internal Control Over Compliance Required by the
Uniform Guidance
Schedule of Prior Year Findings and Questioned Costs Schedule of Expenditures of Federal Awards
Page
113
114-115
116117118119
120-121
123 124-125
126-128
129 130
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v
Post Office Box 975
100 Mikaela Way
Avon, CO 81620
June 21, 2023
To the Honorable Mayor, Members of the Town Council and Citizens of the Town of Avon:
Town Charter and State statutes require that the Town of Avon (Town) issue a complete set of
financial statements presented in conformance with generally accepted accounting principles (GAAP) and audited in accordance with generally accepted auditing standards by a firm of licensed independent certified public accountants. Pursuant to these requirements, we hereby issue the annual financial report of the Town of Avon for the fiscal year ended December 31,
2022.
This report consists of management’s representations concerning the finances of the Town of Avon. Consequently, management assumes full responsibility for the completeness and reliability of all of the information presented in this report. To provide a reasonable basis for
making these representations, management of the Town of Avon has established a
comprehensive internal control framework that is designed both to protect the Town’s assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the Town of Avon’s financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh the benefits, the Town of Avon’s comprehensive framework of
internal controls has been designed to provide reasonable rather than absolute assurance that the
financial statements will be free from material misstatement. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material respects.
The Town of Avon’s financial statements have been audited by McMahan and Associates,
L.L.C., a firm of certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the Town of Avon for the fiscal year ended December 31, 2022, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial
statements; assessing the accounting principles used and significant estimates made by
management; and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit, that there was a reasonable basis for rendering an unmodified opinion that the Town of Avon’s financial statements for the fiscal year ended December 31, 2021 are fairly presented in conformity with GAAP. The independent auditor’s
report is presented as the first component of the financial section of this report.
GAAP require that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management’s Discussion and Analysis (MD&A). This letter of transmittal is designed to complement the MD&A and should be read in
conjunction with it. The Town of Avon’s MD&A can be found immediately following the report
of the independent auditors.
Letter of Transmittal Town of Avon, Colorado
June 21, 2022
vi
Profile of the Town The Town of Avon was incorporated in 1978 and is located in Eagle County, eight miles west of the Town of Vail and seventeen miles east of the Town of Eagle. The Town sits north of U.S.
Highway 6, directly adjacent to the Beaver Creek Resort and is bisected by Interstate Highway
70 from east to west. The primary transportation route to and from Avon is I-70. Aviation services and transportation are available at the Eagle County Airport, 24 miles west of the Town. The Town provides bus transportation services within the Town and offers, in funding partnership with the Beaver Creek Resort Company, a high-speed gondola that provides direct
access to Beaver Creek Resort. Avon is also served by the Eagle County Regional Transit
Authority which provides bus service throughout Eagle County. Eagle County encompasses approximately 1,694 square miles and spans from the summit of Vail Pass to Glenwood Canyon. Approximately 80% of Eagle County’s land is public – comprised of National Forests, wilderness areas, Bureau of Land Management properties, and state and local public lands.
The Town of Avon currently encompasses approximately 8¼ square miles. The Census Bureau’s population estimate as of April 2020 6,072. This figure represents the permanent resident population. Total population increases significantly during the winter tourist ski season.
The Town operates under the council/manager form of government. Policy-making and
legislative authority are vested in the Town Council, which consists of a mayor and a six-member council. The Town Council is responsible, among other things, for passing ordinances, adopting the budget, and appointing a Town Manager, Town Attorney, Town Prosecutor and Municipal Judge. The Town Manager is responsible for carrying out the policies and ordinances
of the Council, overseeing the day-to-day operations of the Town, and for appointing the heads
of the Town’s departments. The Council is elected on a non-partisan basis. Council members are elected to four-year staggered terms with three council members to be elected in November 2024, and the remaining
four to be elected in November 2026. The mayor and mayor pro-tem are elected from amongst
the elected council members by a majority vote. The mayor presides at meetings of council and shall not vote until all other Council members present who are eligible to vote have had reasonable opportunity to vote. The affirmative concurring vote of four (4) Council members is required for the adoption of an ordinance, resolution, order for appropriation, approval of a
contract or approval of an intergovernmental agreement.
The Town is a home-rule community empowered to levy a property tax on the assessed value of real property located within the Town. The Town collects a 4% sales tax on all retail sales, and a 4% accommodations tax on the lease or rental of hotel rooms, condominium units and other
accommodations within the Town. Beginning January 1, 2022, with voter approval, the Town
began levying a 2% short-term rental tax on all residential short-term rentals. These funds are earmarked for community housing purposes. Effective January 1, 2019, with voter approval, the Town began levying a $3 per pack excise tax on the sale of cigarettes and a 40% tax on other nicotine and tobacco products. The Town also collects a 2% real estate transfer tax on all sales of
real property located within the Town. The Town has the power by state statute to extend its
Letter of Transmittal Town of Avon, Colorado
June 21, 2022
vii
corporate limits by annexation, which is done periodically when deemed appropriate by the Town Council. The Town provides a full range of municipal services including general administrative services;
community planning and zoning and building permitting and inspection services; municipal law
enforcement; public works including management and maintenance of Town parks and landscaping, Nottingham Lake, bridges, streets and roads, trails, buildings, facilities and infrastructure; operation and management of the Avon Recreation Center and other youth, adult and senior recreation programs; and, special events and cultural activities.
The annual budget serves as the foundation for the Town of Avon’s financial planning and control. No later than October 15th, the Town Manager submits to the Mayor and Town Council a proposed budget for the calendar year commencing the following January 1st. The budget is prepared by fund, department, program, and project and includes information on the prior year, current estimates and requested appropriations and estimated revenues for the upcoming year.
The Town Council holds public hearings and may change appropriations except for expenditures required by law for debt service or for estimated cash deficits. No change to the budget may increase the authorized expenditures to any amount greater than the total amount of funds available. The Town Council must adopt the budget by resolution prior to December 15th. Once
adopted, the Town Council may at any time, by resolution, amend the budget. In addition, the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department. A department is defined by the Town as a distinct, principal, or specialized division (e.g. the department of public works).
Expenditures may not legally exceed budgeted appropriations at the fund level. Budget to actual comparison are provided in this report for all funds and are presented at a lower-than-required level of control to facilitate detailed financial analysis.
Budgetary comparisons for the Town’s General Fund and its major special revenue fund, the
Avon Urban Renewal Authority, are presented as required supplemental information in this report. Budget to actual comparisons for all other Town funds are included as other supplemental information in this report.
Factors Affecting Financial Condition
The information presented in the financial statements is best understood when considered from a broader perspective rather than just the specific environment in which the Town operates.
Local Economy. Year-round tourism and winter recreation-related businesses account for a
significant portion of the employment and earned income of area residents. Skier and snowboarder visits at Vail and Beaver Creek Resort account for almost 20% of the total such visits in Colorado. Both resorts are perennially ranked among the top ten ski resorts in the country.
Letter of Transmittal Town of Avon, Colorado
June 21, 2022
viii
In addition to skiing and associated winter-time activities, the area promotes a number of summer activities. The Town of Avon sponsors numerous special events throughout the year to area residents and visitors including Avon's Salute to the USA - a July 4th fireworks display typically held on July 3rd, and Avon LIVE!, a free Wednesday evening live music series;
multiple sporting events such as the XTERRA triathlon; and family-friendly activities like the
Avon Easter Egg Hunt. The Avon Recreation Center is a spacious 40,000 sq. ft. multi-use facility featuring a large aquatics area with a 5-lane lap pool, lazy river, kid’s pool, 140 foot water slide, Aquaclimb climbing wall and diving well; a 2,560 sq. ft. advanced weight training room; a fitness room with treadmills, elliptical motion trainers, upright and recumbent bikes;
and, separate Yoga/Tai Chi and multi-purpose training studios. Nottingham Park and
Nottingham Lake serve as the Town’s central headquarters for summer activities including standup paddleboard, pedal boat, and kayak rentals; fishing, beach volleyball, Fitness Court, and Destination Jump, Splash, Learn. Avon’s Whitewater Park, with three distinct water features, is open all summer for rafters and kayakers to enjoy. The West Avon Preserve offers more than 11
miles of mountain bike trails accessible from the Town's paved bike paths with a variety of
terrain for all ability levels. Offering several championship golf courses, Eagle County has earned a rating by Golf Digest Magazine as one of the top 40 golf communities in which to live. Other summer activities include hiking, horseback riding, bicycling, kayaking, and rafting, as well as other recreational sports.
Property Values. Property tax, which is based on assessed property values and a mill rate, represents approximately fifteen percent of the Town’s total tax revenues. Assessed values are dependent upon real property growth and market values of property, along with assessment ratios established by the State legislature. In Avon, gross assessed values of real property decreased
slightly by 0.92 percent in 2022.
Current Initiatives Council places a high priority on maintaining the existing level of municipal services in
2023 for the purpose of community stability and support of the local economy. All levels
of service and staffing to support those levels of service remain the same as 2022. Personnel cost highlights include a merit-based overall salary cost increase of 6% at January 1, and a 5% across-the-board increase for all employees on May 1, 2023. There are several new positions that will increase staff resources in Recreation, Community Development, and Buildings and
Facilities. A total of $846,673 in vehicle and heavy equipment purchases originally included in
the 2022 budget are being carried-over to the 2023 budget due to continued supply-chain delays. Downtown Development Authority: The Town is currently pursuing the formation of an Avon Downtown Development Authority for the purpose of development of community housing in the
Avon downtown area to provide additional workforce housing and to sustain and enhance a
critical mass of residents in the Avon downtown area necessary to support neighborhood businesses and to support the public infrastructure and public facilities which sustain and enhance the attractiveness of business investment. A Downtown Development Authority (“DDA”) is similar to an Urban Renewal Authority, with the primary benefit of authorizing tax
increment financing within the DDA area.
Letter of Transmittal Town of Avon, Colorado
June 21, 2022
ix
Community Housing. In 2023, the Avon Town Council continues to fund the buyer assistance, deed restriction purchase program originally began in 2020 called Mi Casa Avon! which has been very successful. Now with the 2% short-term rental tax on all residential short-term rentals earmarked for community housing purposes, the Town has begun feasibility studies and
preliminary design on employee rental housing on certain town-owned properties.
Construction Use Tax. Staff is proposing to Town Council a construction use tax election question to be included in the upcoming November elections. A construction use tax is a form of use tax levied on building materials. The use tax is collected at the time a building permit is
issued. The use tax amount is determined by multiplying the use tax rate by the cost of the
building materials using a predetermined formula. A common method is to determine that the cost of building materials to be fifty percent (50%) of the total valuation of the construction project. The builder then provides the building permit to the materials supplier to prove that use tax has already been paid, and then is exempt from paying a corresponding municipal sales tax in
other locations.
The administrative burden of collection under a use tax methodology is greatly reduced. In addition, the Town would have the authority when necessary to reconcile the final cost of a project versus the initial value placed on the project for permit purposes.
Capital Improvement Projects The Town updates its capital improvements long-range plan annually. Substantial expenditures are planned in 2023 from the Capital Projects Fund. A significant portion of the expenditures are
planned for road and street maintenance and repairs and multi-modal / alternative mobility
projects including a $4.6 million project for the US Hwy 6 & Stondbridge Road roundabout, which is proposed to be funded through various federal, state and local grants. Due to significant cost estimate overages, the previously-approved $2.5 million H.A. Nottingham Park East Improvement project is being re-scoped. The original project included landscaping upgrades,
recreation path repairs, and the construction of additional public restrooms on the north and east
side of the park. The dedication of real estate transfer tax revenues to capital improvements is unique to Avon and has created a stable Capital Projects Fund with adequate fund balances to continue with street
resurfacing, facility replacements, and implementation of community projects identified in the
Town’s Comprehensive Plan documents. Awards and Acknowledgements
The Government Finance Officers Association of the United States and Canada (GFOA)
awarded a Certificate of Achievement for Excellence in Financial Reporting to the Town of Avon for its annual comprehensive financial report (ACFR) for the fiscal year ended December 31, 2021. This was the thirtieth consecutive year that the Town has received this prestigious award. In order to be awarded a Certificate of Achievement, the Town published an easily
x
Letter of Transmittal Town of Avon, Colorado
June 21, 2022
readable and efficiently organized ACFR. This report satisfied both GAAP and applicable legal requirements.
A Certificate of Achievement is valid for a period of one year only. We believe that our current ACFR continues to meet the Certificate of Achievement Program’s requirements, and we are
submitting it to the GFOA to determine its eligibility for another certificate.
The preparation of this report could not have been possible without the efficient and dedicated services of the entire staff of the Finance Department. Each member of the department has my sincere appreciation for the contributions made in the preparation of this report. Due credit
should also be given to the Mayor, Town Council, and Town Manager for their interest, support and leadership in planning and conducting the operations of the Town in a responsible and progressive manner.
Respectfully Submitted,
Scott C. Wright, CPA, CPFO Finance Director
Government Finance Officers Association
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
Town of Avon
Colorado
For its Annual ComprehensiveFinancial Report
For the Fiscal Year Ended
December 31, 2021
Executive Director/CEO
xi
Council
Elected by Citizens - 7 Members
Council appoints Mayor, Legal Counsel, Municipal Judge, Town Manager, Boards, Commissions and Committees
Council serves as Local Liquor Authority, Board of Adjustments, and Board of Directors
for Avon Urban Renewal Authority
Town Attorney
Municipal Prosecutor
Special Legal Counsel
TOWN MANAGER
Oversees Departments and Personnel, Prepares Budget, Administers Contracts, Implements Policies and Projects as Directed by Council
Municipal Judge
Avon
Citizens
Home Rule Charter
adopted and amended by
Avon voters
Planning & Zoning
Commission (PZC)
Culture, Arts & Special
Events Committee (CASE)
Finance Committee
Health & Recreation
Committee
DEPARTMENTS
General
Government
Municipal
Court
Building
Inspections
ORGANIZATIONAL
CHART
Community
Development Public
Works Recreation Police
Planning
Public
Operations
Engineering
Mobility
Fleet
Maintenance
Building &
Facility Maintenance
Admin
Recreation
Programs
Admin
Patrol
Investigation
Human
Resources
Risk
Management
Finance
IT
Admin &
Council
Support
Marketing &
Communications
Town Clerk
Sustainability
Culture, Arts
& Special
Events
xii
McMahan and Associates, l.l.c.
Certified Public Accountants and Consultants
Web Site: www.mcmahancpa.com
Chapel Square, Bldg C Main Office: (970) 845-8800245 Chapel Place, Suite 300 Facsimile: (970) 845-8108
P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com
Member: American Institute of Certified Public Accountants
Paul J. Backes, CPA, CGMA Avon: (970) 845-8800
Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996
Matthew D. Miller, CPA Frisco: (970) 668-3481
M
&
A
INDEPENDENT AUDITOR'S REPORT
To the Honorable Mayor and Town Council
Town of Avon, Colorado
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities, the business-type
activities, each major fund, and the aggregate remaining fund information of the Town of Avon, Colorado,
Colorado (the “Town”), as of and for the year ended December 31, 2022, and the related notes to the
financial statements, which collectively comprise the Town’s basic financial statements as listed in the
table of contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the
respective financial position of the governmental activities, the business-type activities, each major fund,
and the aggregate remaining fund information of the Town as of December 31, 2022, and the respective
changes in financial position and, where applicable, cash flows thereof for the year then ended in
accordance with accounting principles generally accepted in the United States of America (“U.S. GAAP”).
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America (“U.S. GAAS”) and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States. Our responsibilities under those
standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements
section of our report.We are required to be independent of the Town and to meet our other ethical
responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that
the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Emphasis of Matter –Change in Accounting Principle
As discussed in Note 16 to the financial statements, the Town adopted Governmental Accounting
Standards Board Statement No. 87, Leases. Our opinion is not modified with respect to this matter.
Responsibilities of Management for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in
accordance with U.S. GAAP; this includes the design, implementation, and maintenance of internal
control relevant to the preparation and fair presentation of financial statements that are free from material
misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or
events, considered in the aggregate, that raise substantial doubt about the Town’s ability to continue as a
going concern for one year after the date that the financial statements are issued.
1
INDEPENDENT AUDITOR’S REPORT
To the Town Council
Town of Avon, Colorado
Auditor’s Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are
free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that
includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance
and therefore is not a guarantee that an audit conducted in accordance with U.S. GAAS will always detect
a material misstatement when it exists. The risk of not detecting a material misstatement resulting from
fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional
omissions, misrepresentations, or the override of internal control. Misstatements are considered material
if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment
made by a reasonable user based on the financial statements.
In performing an audit in accordance with U.S. GAAS, we:
Exercise professional judgment and maintain professional skepticism throughout the audit.
Identify and assess the risks of material misstatement of the financial statements, whether due to
fraud or error, and design and perform audit procedures responsive to those risks. Such
procedures include examining, on a test basis, evidence regarding the amounts and disclosures
in the financial statements.
Obtain an understanding of internal control relevant to the audit in order to design audit
procedures that are appropriate in the circumstances, but not for the purpose of expressing an
opinion on the effectiveness of the Town’s internal control. Accordingly, no such opinion is
expressed.
Evaluate the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluate the overall presentation of the
financial statements.
Conclude whether, in our judgment, there are conditions or events, considered in the aggregate,
that raise substantial doubt about the Town’s ability to continue as a going concern for a
reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters,
the planned scope and timing of the audit, significant audit findings, and certain internal control–related
matters that we identified during the audit.
Required Supplementary Information
U.S. GAAP require that Management’s Discussion and Analysis on pages 4 -17 and budgetary
comparison information on pages 59 -61 be presented to supplement the basic financial statements.
Such information is the responsibility of management and, although not a part of the basic financial
statements, is required by the Governmental Accounting Standards Board who considers it to be an
essential part of financial reporting for placing the basic financial statements in an appropriate
operational, economic, or historical context.We have applied certain limited procedures to the required
supplementary information in accordance with U.S. GAAS, which consisted of inquiries of management
about the methods of preparing the information and comparing the information for consistency with
management’s responses to our inquiries, the basic financial statements, and other knowledge we
obtained during our audit of the basic financial statements. We do not express an opinion or provide any
assurance on the information because the limited procedures do not provide us with sufficient evidence to
express an opinion or provide any assurance.
2
INDEPENDENT AUDITOR’S REPORT
To the Town Council
Town of Avon, Colorado
Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively
comprise the Town’s basic financial statements.The combining fund financial statements, individual fund
budgetary information, the Local Highway Finance Report, and the Schedule of Expenditures of Federal
Awards as required by Title 2,U.S. Code of Federal Regulations, Part 200,Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards included in the Single Audit
Section listed in the accompanying table of contents are presented for purposes of additional analysis
and are not a required part of the basic financial statements.
The combining fund financial statements, individual fund budgetary information, the Local Highway
Finance Report, and the Schedule of Expenditures of Federal Awards included in the Single Audit
Section listed in the accompanying table of contents are the responsibility of management and were
derived from and relate directly to the underlying accounting and other records used to prepare the basic
financial statements. Such information has been subjected to the auditing procedures applied in the audit
of the basic financial statements and certain additional procedures, including comparing and reconciling
such information directly to the underlying accounting and other records used to prepare the basic
financial statements or to the basic financial statements themselves, and other additional procedures in
accordance with U.S. GAAS.In our opinion, the combining fund financial statements, individual fund
budgetary information, the Local Highway Finance Report, the statistical section, and the Schedule of
Expenditures of Federal Awards included in the Single Audit Section listed in the accompanying table of
contents are fairly stated, in all material respects, in relation to the basic financial statements as a whole.
Other Information
Management is responsible for the other information included in the annual report. The other information
comprises the introductory section and statistical section but does not include the basic financial
statements and our auditor’s report thereon. Our opinions on the basic financial statements do not cover
the other information, and we do not express an opinion or any form of assurance thereon.
In connection with our audit of the basic financial statements, our responsibility is to read the other
information and consider whether a material inconsistency exists between the other information and the
basic financial statements, or the other information otherwise appears to be materially misstated. If,
based on the work performed, we conclude that an uncorrected material misstatement of the other
information exists, we are required to describe it in our report.
Other Reporting Required by Government Auditing Standards
In accordance with Government Auditing Standards, we have also issued our report dated June 21, 2023
on our consideration of the Town’s internal control over financial reporting and on our tests of its
compliance with certain provisions of laws, regulations, contracts, and grant agreements and other
matters. The purpose of that report is to describe the scope of our testing of internal control over financial
reporting and compliance and the results of that testing, and not to provide an opinion on the internal
control over financial reporting or on compliance. That report is an integral part of an audit performed in
accordance with Government Auditing Standards in considering the Town’s internal control over financial
reporting and on compliance.
McMahan and Associates, L.L.C.
Avon, Colorado
June 21, 2023
3
Management’s Discussion and Analysis
As management of the Town of Avon, we offer readers of the Town of Avon’s financial
statements this narrative overview and analysis of the financial activities of the Town of Avon for the fiscal year ended December 31, 2022. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found in the introductory section of this report.
Financial Highlights
•The assets of the Town exceeded its liabilities and deferred inflows at the close of its fiscal
year ended December 31, 2022 by $124,265,217 (net position). Of this amount, $42,305,368
is unrestricted and may be used to meet the Town’s ongoing obligations to citizens andcreditors in accordance with the Town’s fund designation and fiscal policies as more fullydescribed below.
•The Town’s total net position increased by $13,234,981.
•As of the close of the fiscal year, the Town’s governmental funds reported combined endingfund balances of $37,939,007, an increase of $6,982,286 from the prior year. Approximately
50.6 percent of this total amount, $19,210,640, is available for spending at the Town’sdiscretion (unassigned fund balance).
•The unassigned fund balance for the General Fund was $19,210,640, or 90.7 percent of total
General Fund expenditures and other financing uses. This represents a $5,623,159 increase,
or 41 percent, from the prior year.
•The Town of Avon’s long-term liabilities decreased by a net $1,602,887 during the current
fiscal year. Regular principal payments were made on bonded debt of $1,509,646, capital
leases of $88,779, and lease liabilities of $50,790.
Overview of the Financial Statements
This discussion and analysis are intended to serve as an introduction to the Town of Avon’s basic
financial statements. The Town’s basic financial statements are comprised of three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to thefinancial statements. This report also contains required supplementary information and othersupplementary information in addition to the basic financial statements themselves.
Government-wide financial statements. The government-wide financial statements are designed to provide readers with a broad overview of the Town of Avon’s finances, in a manner similar to a private sector business.
The statement of net position presents information on all of the Town of Avon’s assets and
liabilities, with the difference between the two reported as net position. Over time, increases or
4
decreases in net position may serve as a useful indicator of whether the financial position of the Town is improving or deteriorating.
The statement of activities presents information showing how the Town’s net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in
cash flows in future fiscal periods (e.g., earned but unused compensated absences).
Both of the government-wide financial statements distinguish functions of the Town of Avon that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through
user fees and charges (business-type activities). The governmental activities of the Town of
Avon include general government, community development, public safety, public works and utilities, and recreation and culture. The business-type activities of the Town include mobility and fleet maintenance operations.
The government-wide financial statements include not only the Town of Avon itself (known as
the primary government), but also the Avon Urban Renewal Authority, a legally separate entity, which was established in August 2007 to undertake urban renewal plans and projects with the Town. All members of the governing body are Town Council members. For financial reporting purposes, AURA is blended into the Town’s financial statements and is reported as a major fund
in the basic financial statements.
The government-wide financial statements can be found on pages 19-21 of this report. Fund financial statements. A fund is a grouping of related accounts that is used to maintain
control over resources that have been segregated for specific activities or objectives. The Town
of Avon, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the Town can be divided into two categories: governmental funds and proprietary funds.
Governmental funds. Governmental funds are used to account for essentially the same functions
reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflow and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a
government’s near-term financing requirements.
Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements.
By doing so, readers may better understand the long-term impact of the Town’s near-term
financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities.
5
The Town of Avon maintains nine individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of
revenues, expenditures, and changes in fund balances for the General Fund, Avon Urban
Renewal Authority Fund, Debt Service Fund and Capital Projects Fund, all of which are considered to be major funds. Data from the other five nonmajor governmental funds (Water Fund, Community Enhancement Fund, Affordable Housing Fund, Exterior Energy Offset Fund, and Disposable Paper Bag Fee Fund) are combined into a single, aggregate presentation.
Individual fund data for each of these nonmajor governmental funds is provided in the form of
combining statements elsewhere in this report. The basic governmental fund financial statements can be found on pages 22-25 of this report.
Proprietary funds. The Town of Avon maintains two different types of proprietary funds.
Enterprise funds are used to report the same function presented as business-type activities in the government-wide financial statements. The Town of Avon uses enterprise funds to account for its mobility operations and its fleet maintenance operations. Internal service funds are an accounting device used to accumulate and allocate costs internally among the Town’s various
functions. The Town of Avon uses an internal service fund to account for the rental of vehicles
and equipment to Town departments for the accumulation of funds for future replacement. Because this service predominately benefits governmental rather than business-type functions, it has been included within governmental activities in the government-wide financial statements.
Proprietary funds provide the same type of information as the government-wide financial
statements, only in more detail. The proprietary fund financial statements provide separate information for the mobility fund and the fleet maintenance fund operations. Separate information is also provided for the Town’s internal service fund. The basic proprietary fund financial statements can be found on pages 26-31 of this report.
Notes to the Financial Statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements can be found on pages 32-58 of this report.
Required Supplemental Information. In addition to the basic financial statements and
accompanying notes, this report also presents certain other required supplemental information. The Town of Avon adopts an annual appropriated budget for its General Fund and major special revenue fund. Budgetary comparison statements have been provided for the General Fund and the Avon Urban Renewal Authority Fund to demonstrate compliance with these budgets and can
be found on pages 59-60 of this report.
Other Supplemental Information. The combining statements referred to earlier in connection with nonmajor governmental funds are presented under other supplemental information immediately following the required supplemental information. Individual fund statements and
schedules and other miscellaneous schedules can also be found in this section on pages 61-95 of
this report.
6
Government-wide Financial Analysis
As noted earlier, net position may serve over time as a useful indicator of a government’s
financial position. In the case of the Town of Avon, assets and deferred outflows of resources exceeded liabilities and deferred inflows of resources by $124,265,217 as of December 31, 2022. The largest portion of the Town’s net position (62.1%) reflects its investment in capital assets
(e.g., land, buildings, utilities, machinery and equipment, infrastructure, and right-to-use lease
assets), net of any related debt used to acquire those assets that is still outstanding. The Town uses these assets to provide services to citizens, consequently, these assets are not available for future spending. Although the Town’s investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other
sources, since the capital assets themselves cannot be used to liquidate these liabilities.
An additional portion of the Town’s net position (3.9%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position (34%) may be used to meet the Town’s ongoing obligations to citizens and creditors.
Condensed Net Position
Governmental Activities Business-type Activities Total Government
2022 2021 2022 2021 2022 2021
Current and Other Assets Restricted Assets Capital Assets, net Total Assets
$ 51,921,266 450,230 77,598,684 129,970,180
$ 44,655,435 451,280 75,171,072 120,277,787
$ 2,207,784 - 14,530,727 16,738,511
$ 2,316,096 - 12,734,715 15,050,811
$ 54,129,050 450,230 92,129,411 146,708,691
$ 46,971,531 451,280 87,905,787 135,328,598 Deferred Outflow of Resources Other Liabilities Noncurrent Liabilities Total Liabilities Deferred Inflows of Resources
111,858 4,598,328 13,977,523 18,575,851 2,082,427
127,860 5,082,848 15,087,033 20,169,881 2,103,515
14,317 206,084 1,659,284 1,865,368 46,003
16,010 223,228 1,901,150 2,124,378 46,004
126,175 4,804,412 15,636,807 20,441,219 2,128,430
143,640 5,306,076 16,988,183 22,294,259 2,149,519 Net Position: Net Investment in Capital Assets Restricted Unrestricted Total Net Position
64,269,372 4,743,590 40,410,798 $109,423,760
60,606,346 2,550,071 34,975,834 $ 98,132,251
12,946,887 - 1,894,570 $ 14,841,457
10,940,758 - 1,955,681 $ 12,896,439
77,216,259 4,743,590 42,305,368 $124,265,217
71,547,104 2,550,071 36,931,515 $111,028,690 Analysis of the Town’s Operations
Overall, the Town’s net position increased by $13,234,981 for 2022. Governmental activities
increased net position by $11,289,963, while business-type activities increased net position by $1,945,018. The largest contributors to the overall increase were substantial increases in governmental taxes (sales, accommodation, tobacco) from the previous year of $2.2 million, building fees of $1.5 million, positive General Fund spending variances of $1.6 million, capital
and operating grants for transit operations and bus purchases of $2 million, ,and positive capital
project expenditure variances of $4 million.
7
Change in Net Position Governmental Activities Business-type Activities Total Government
2022 2021 2022 2021 2022 2021
REVENUES Program Revenues: Charges for Services Operating Grants and Contributions Capital Grants and Contributions General Revenues: Taxes: Property Taxes Real Estate Transfer Tax Sales and Accommodation Taxes Other Taxes Investment Earnings (Loss) Unrestricted Grants & Contributions Miscellaneous Total Revenues
$ 4,714,559 182,916 47,135 3,996,579 5,971,192 16,868,418 2,345,389 452,949 1,677,112 949,072 37,205,321
$ 2,428,294 104,842 48,128 3,672,627 7,354,186 13,820,404 2,120,037 (7,865) 1,052,084 667,854 31,260,591
$ 1,989,517 431,912 1,576,477 46,707 - - - - - - 4,044,613
$ 1,656,035 1,025,745 967,643 42,069 - - - - - - 3,691,492
$ 6,704,076 614,828 1,623,612 4,043,286 5,971,192 16,868,418 2,345,389 452,949 1,677,112 949,072 41,249,934
$ 4,084,329 1,130,587 1,015,771 3,714,696 7,354,186 13,820,404 2,120,037 (7,865) 1,052,084 667,854 34,952,083 EXPENSES Program Activities: Governmental Activities: General Government Community Development Public Safety Public Works and Utilities Recreation Mobility Interest on Long-term Debt Business-type Activities: Mobility Fleet Maintenance Total Expenses
6,028,279 658,989 4,792,423 9,094,216 2,196,340 88,266 380,278 - - 23,238,791
6,169,567 536,564 4,372,460 8,481,110 1,917,182 84,167 412,275 - - 21,973,325
- - - - - - - 2,926,168 1,849,994 4,776,162
- - - - - - - 2,465,889 1,637,288 4,103,177
6,028,279 658,989 4,792,423 9,094,216 2,196,340 88,266 380,278 2,926,168 1,849,994 28,014,953
6,169,567 536,564 4,372,460 8,481,110 1,917,182 84,167 412,275 2,465,889 1,637,288 26,076,502 Excess (Deficiency) Before Contributions and Transfers Transfers Increase (Decrease) in Net Position Net Position, Beginning of Year (Restated) Net Position, Ending
13,966,530 (2,676,567) 11,289,963 98,133,797 $109,423,760
9,287,266 (2,093,460) 7,193,806 90,938,445 $ 98,132,251
(731,549) 2,676,567 1,945,018 12,896,439 $14,841,457
(411,685) 2,093,460 1,681,775 11,214,664 $12,896,439
12,234,981 - 13,234,981 111,030,236 $ 124,265,217
8,875,581 - 8,875,581 102,153,109 $111,028,690
Expenses and Program Revenues – Governmental Activities
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
$10,000,000
General Govt.Comm Dev Public Safety Public Works Recreation Interest Mobility
Expenditures
Revenues
8
Revenues by Source – Governmental Activities
Business-type activities. Net position of business-type activities increased by $1,945,018 in 2022. The key element of
this increase was the receipt of $2.008 million in capital and operating grant funds in the
Mobility Enterprise Fund. Expenses and Program Revenues – Business-type Activities
Property Taxes10.74%
RETT Taxes16.05%
Sales and Accommodation Taxes45.34%
Other Taxes6.30%
Charges for Services12.67%
Investment Earnings1.22%
Miscellaneous2.55%
Grants0.62%Intergovernmental4.51%
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
Mobility Fleet Maintenance
Expenses
Program Revenues
9
Revenues by Source – Business-type Activities
Financial Analysis of the Town’s Funds
The following schedule presents a summary of governmental fund revenues for the year ended December 31, 2022 and the amount and percentage of increases and decreases in relation to the prior year. Revenues
2022 Amount
Percent of Total
2021 Amount
Amount of Increase (Decrease)
Percent Increase (Decrease)
Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures
Investment Earnings Other Revenues
$29,181,578 1,636,380 1,403,174 2,974,983 28,191
415,982 920,665
79.81% 4.47% 3.84% 8.14% 0.08%
1.14% 2.52%
$26,967,254 461,647 1,205,054 1,742,352 45,753
(8,035) 669,460
$ 2,214,324 1,174,733 198,120 1,232,631 (17,562)
424,017 251,205
8.21% 254.47% 16.44% 70.75% (38.38%)
52.77% 37.52% Total $36,560,953 100.00% $31,083,485 $ 5,477,468
Tax revenues increased by $2,214,324 from the prior year. Property tax collections increased
$109,447. Assessed values increased slightly from $228,369,310 in 2021 to $234,872,120 in
2022. The general operating mill rate for the Town remained the same at 8.956 mills. Property tax increment revenues from the Avon Urban Renewal Authority increased by $3,816,410 from the prior year due. Sales taxes increased by $1,643,139 or 14.2% from the previous year and accommodation taxes increased by $282,179 or 12.75%. A new short-term rental tax of 2% was
Charges for Services29.60%
Grants29.88%
Property Taxes0.69%
Contributions and Transfers In
39.82%
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levied beginning January 1, 2022. Total collections were $1,122.696. 2022 was the fourth year for the levy and collection of cigarette and tobacco taxes. Cigarette taxes, which are based on a
$3 excise tax per pack sold, were down 4.2% from the prior year, or $10,774. Tobacco taxes,
which are levied at a tax rate of 40%, increased by $47,286 or 15.68%. The Town also collects a 2% tax from all transfers of real property within the Town. These revenues are dedicated solely for capital improvement projects. Real estate transfer tax collections decreased by 1,382,994 or 18.81% in 2022 after having risen by 22.95% in 2021. The five-year average for real estate
transfer taxes is now over $5.589 million per year.
License and permit revenues increased by $1,174,733 from the previous year. Construction permit values increased by $165,984,352 in total from the prior year with commercial permits valued at $34,500,000 and residential construction valued at $164,909,400. Building permit fees
increased by $912,451 due to several large construction projects, while other all other licenses
remained fairly stable from the previous year.
Intergovernmental revenues increased in 2022 by $198,120. This increase was due primarily to an increase of $122,244 in Eagle County sales tax collections that are rebated to the Town.
Charges for services increased $1,232,631 due primarily to an increase in plan check fees of $594,434 from several construction projects as mentioned above, and from recreation-related fee increases of $354,452.
Investment earnings increased in 2022 by $424,017 to regular increases in interest rates by the
federal reserve and much higher yields through-out the year.
The following schedule presents a summary of governmental fund expenditures for the year ended December 31, 2022 and the amount and percentage of increases and decreases in relation
to the prior year.
Expenditures
2022
Amount
Percent of
Total
2021
Amount
Amount of Increase
(Decrease)
Percent Increase
(Decrease)
Current: General Government Community Development Public Safety Public Works and Utilities Parks and Recreation Capital Improvements Debt Service: Principal Interest Fiscal Charges
$ 6,807,714 653,294 5,044,825 6,084,870 2,018,510 5,153,940
1,386,616 371,833 7,946
24.73% 2.37% 18.33% 22.10% 7.33% 18.72%
5.04% 1.35% 0.03%
$ 6,081,429 551,138 4,169,397 4,612,171 1,622,206 4,542,239
1,387,925 403,078 9,351
$ 726,285 102,156 875,428 1,472,699 396,304 611,701
( 1,309) (31,245) (1,405)
11.94% 18.54% 21.00% 31.93% 24,43% 13.47%
(0.09%) (7.75%) (15.03%)
Total $27,529,548 100.00% $23,378,934 $ 4,150,614
Overall, total governmental fund expenditures increased by a net amount of $4,150,614 in 2022.
Many of the significant cuts that had been made the previous year were ultimately not necessary and many budget line items were returned for the 2022 budget. Personnel cost highlights include
11
a merit-based overall salary cost increase of 5.5% at January 1 and a market rate salary range increase of 5% on July 1 at an estimated cost of $610,000. For 2022, new full-time positions
included a grant administrator, a special events coordinator. Other new positions included a
public works operator, and a public works director.
Capital improvement projects completed during the 2022 year included utility upgrades at the Old Town Hall site, Nottingham Pavilion deck railing and floor repair, Avon Recreation Center
locker replacement, the Nottingham Park West Courts reconstruction, and the Avon Road / I70
Overpass Aesthetic Improvements. In addition, a total of twenty-one projects were included in Construction in Progress at the end of the fiscal year.
At the end of the current fiscal year, the Town’s governmental funds reported combined ending
fund balances of $37,939,007, an increase of $6,982,286 from the prior year. Of this total,
$4,743,590 is restricted due to external limitations on its use such as legal restrictions, or intention of grantors, donors, or trustees. A total of $13,984,777 has been committed or assigned meaning there are limitations resulting from its intended use, such as construction of capital assets, community housing, and for other purposes. The remaining $19,210,640 is unassigned
and can be used for any lawful purpose.
General Fund. The General Fund is the chief operating fund of the Town. At the end of the current fiscal year, unassigned fund balance of the General Fund is $19,210,640, while total fund balance is $20,311,855. As a measure of the General Fund’s liquidity, it is useful to compare the
unassigned fund balance and total fund balance to total fund expenditures and other financing
uses. Unassigned fund balance represents 90.1% of total fund expenditures and other financing uses, while total fund balance represents 95.3% of that same amount.
The fund balance of the General Fund increased by $5,744,294, or 39.4%, in 2022. This increase
is due primarily to the large increases in taxes, licenses and permits, and charges for services
realized in 2022 compared to the prior year.
The fund balance of the General Fund represents 84.4% of 2023 General Fund appropriations or the equivalent of almost 10 months of operations. The Town has felt it necessary to retain this
level of fund balance because of its heavy reliance on sales tax revenues. The Town’s position
as a resort community also places a heavy reliance upon several other factors including weather, the national economy, and tourism in general. The Town’s fund balance provides the resources necessary to be more adaptable to the short-term financial environment and limits the need for capital financing.
Avon Urban Renewal Fund. At the end of the current fiscal year, the Avon Urban Renewal Fund had an ending fund balance of $177,047. This amount is restricted for use for urban renewal projects within the Town Center West Urban Renewal Plan Area. The fund transferred $1,000,000 to the Capital Projects Fund to be used for Tract G projects in the future. Fund
balances increased by $81,771 in 2022 due to lower interest rate costs on tax increment revenue
bonds from the bond refinancing in 2020.
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Debt Service Fund. The Debt Service Fund has a fund balance at the end of the fiscal year of $35,942, all of which is assigned for the payment of debt service. Fund balances decreased by
$491 in 2022 due to a small increase in fiscal paying agent fees.
Capital Projects Fund. The Capital Project Fund has an ending fund balance at the end of the fiscal year of $14,018,774, an increase of $304,454 from the prior year. Restricted fund balances represent escrowed monies for future asphalt repairs pursuant to a lawsuit settlement in the
amount of $450,230. The remaining amount of $13,568,544 is committed entirely to capital
improvement projects.
Non-major Funds. The aggregate non-major funds have a combined fund balance of $3,395,389. The net increase in fund balance during the current fiscal year in the aggregate non-
major funds was $852,258. This increase was due to receipts of community enhancement funds,
water tap fees, short-term rental taxes, and exterior energy offset fees that remained largely unspent by the end of the fiscal year.
General Fund Budgetary Highlights
Salary Cost Increases: In 2022 the Town transitioned from a step salary system to merit-based salary increases which will follow annual performance evaluations. The Town shifted performance evaluations from the anniversary of an employee’s hiring date to a unified schedule in the fall. This common schedule allows for training of directors and supervisors to conduct performance evaluations
and the ability to include the cost of salary increase recommendations into the budget before final
adoption in December of each year. Generally, the range will be 0-4 percent with the ability to consider increases above 4%.
The 2022 budget provided for a merit-based salary increase of 5.5% in order to establish an adequate
budget for salary adjustments. In addition, a mid-year salary survey was performed in order to adjust
salary ranges based on comparative market data. An additional 5% salary adjustment was provided for in order to remain competitive due to lagging behind the Town's peer communities in ending the COVID-19 based salary freezes.
Training: Training expenses across all departments was increased. An Employee Pulse Survey in
early 2021 indicated a desire for more training. The Town supports and believes in training and considers it essential to maintain best skills and expose employees to perspectives and ideas beyond our local region.
Equipment Replacement Fund. Staff has sought to eliminate “hold-over” vehicles wherever
possible and formalize departmental vehicle need policies. The updating of fleet purchases includes requirements to consider vehicles which reduce greenhouse gas emissions. Hybrid vehicles and electric vehicles are budgeted for purchase in 2022 and 2023.
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Capital Assets and Debt Administration
Capital assets. The Town of Avon’s investment in capital assets for its governmental and
business-type activities as of December, 31, 2022, amounts to $92,129,411 (net of accumulated depreciation). This investment in capital assets includes land and land improvements, public art, water rights, deed restrictions, construction in progress, buildings, utilities, machinery and equipment, infrastructure, and right-to-use assets (see table below). The total increase in the
Town’s investment in capital assets for the current fiscal year was 4.63% (a 3% increase for
governmental activities and a 14.1% increase for business-type activities).
Major capital assets events during the current fiscal year included the following:
•Governmental-type asset additions totaled $11,078,132 in 2022. Business-type additionstotaled $2,534,186.
•Seventeen projects began the year under Construction-in-Progress. Eleven projects wereadded during the year. Eight of these projects were completed and capitalized at a total cost
of $3,902,675. The ending balance at December 31, 2022 was $2,272,933.
•Capital improvement projects began and completed during the 2022 year included AvonRegional Transit Facility roof improvements, ADA parking at the Avon Recreation Center,bus shelters, Millie’s Lane Asphalt overlay, and the purchase of an employee rental unit at
the Metcalf Lofts.
•In Business-type activities, two electric buses and related chargers and equipment werepurchased in the Mobility Fund at a cost of $1,964,982. Mobile column lifts in the amount of$49,975 and a Toyota Highlander in the amount of $38,017 were purchased in the Fleet
Maintenance Fund.
•In the Equipment Replacement Fund a total of $1,007,673 in equipment was capitalizedincluding $346,307 in new various vehicles, $22,201 for surveillance NVR serverconsolidation and replacement, $12,070 installation of a mini-split in the ITtelecommunications room, $195,114 in IT networking equipment, $226,395 for EV charging
stations, $48,564 in public safety equipment, $34,300 in Avon PD in-car laptops.
Town of Avon’s Capital Assets (net of depreciation)
Governmental Activities Business-type Activities Total 2022 2021 2022 2021 2022 2021
Land Public Art Water Rights Deed Restrictions Construction in Progress Depreciable Land Improv. Buildings Utilities Mach. & Equip. Infrastructure Right-to-use Leased Assets
$ 11,953,790 1,361,400 1,792,959 2,476,250 2,272,933 297,343 17,081,957 2,242,461 3,474,771 34,401,541 243,279
$ 11,449,801 1,361,400 1,792,959 1,311,990 2,373,187 313,062 16,246,110 2,472,872 3,160,004 34,689,687 150,360
$ 411,834 - - -
- 10,734,476 - 3,384,417 - -
$ 411,834 - - -
- 10,675,086 - 1,647,795 - -
$12,365,624 1,361,400 1,792,959 2,476,250 2,272,933 297,343 27,816,433 2,242,461 6,859,188 34,401,541 243,279
$11,861,635 1,361,400 1,792,959 1,311,990 2,373,187 313,062 26,921,196 2,472,872 4,807,799 34,689,687 150,360
Total (Restated) $77,598,684 $75,321,432 $14,530,727 $12,734,715 $92,129,411 $88,056,147
Additional information on the Town of Avon’s capital assets can be found in Note 4 on pages 44-45 of this report.
14
Long-term debt. At the end of the current fiscal year, the Town of Avon had total long-term
debt outstanding in the amount of $15,846,945. Certificates of Participation which evidence
assignments of proportionate interests in the right to receive payments pursuant to annually renewable lease agreements total $10,484,000. The remainder of the Town’s debt, $5,362,945 represents bonds secured solely by specified revenue sources (i.e. revenue bonds).
Town of Avon’s Outstanding Debt
Governmental Activities Business-type Activities Total 2022 2021 2022 2021 2022 2021
Revenue Bonds Certificates of Participation
$ 4,743,299
8,114,000
$ 5,362,945
8,829,000
$ -
1,480,000
$ -
1,655,000
$ 4,743,299
9,594,000
$ 5,362,945
10,484,000
Total $12,857,299 $14,191,945 $ 1,480,000 $ 1,655,000 $14,337,299 $15,846,945
Regular principal payments were made on bonded debt of $1,509,646. No other new debt was
issued in 2021.
The Avon Town Charter limits the amount of general obligation debt the Town may issue to 25% of assessed valuation of all taxable property within the Town, or $15 million, whichever is greater. The current legal debt margin for the Town is $58,718,030. The Town has no
outstanding general obligation bonds outstanding as of December 31, 2022. In addition, the Town’s total debt per capita is $2,463. Additional information on the Town’s long-term debt can be found in Note 5 on pages 48-21 of this report.
Economic Factors and Next Year’s Budget and Rates
2023 Budget Highlights
Salary Increases: The Town has transitioned from a step salary system to merit-based salary increases with annual performance evaluations. Performance evaluations are now given in a unified basis in
late fall. This common schedule allows for training of directors and supervisors to conduct
performance evaluations and the ability to include the cost of salary increase recommendations into the budget before final adoption in December of each year. The 2023 budget provides for an average 6% merit-based salary increase. Actual salary increases are determined on an individual basis based
on the individual performance evaluation. The percentage increase is an overall budgetary amount
that is estimated to cover the cumulative cost of all salary increases, not an indication of individual salary increases.
Personnel Changes: Town Council supported new positions in 2023 that would increase staff
resources in the following areas:
•Recreation Program Supervisor and Aquatics Coordinator: These positions have been
added in response to service demand and impacts related to increased visitations at the
Avon Recreation Center.
15
•Building and Facilities Technician: This position has been added in response to supporting
a proactive building and facility maintenance plan. This position will improve the
capacity of the division to perform building maintenance activities in a timelier manner
as well as improve the capacity for long-term facility maintenance planning.
•Building Inspector: This position has been added in response to the increase of large project
building permits and plan reviews being submitted to the Town.
•Long Range Planner: This position has been budgeted to begin mid-year subject to a 1st
quarter Council review. The long-range planner will be dedicated to assisting the
formation and implementation of the Downtown Development Authority, creating, and
updating plans for redevelopment of Sun Road and East Avon, facilitating planning at the
Village (at Avon), assisting with Community Housing planning, and assisting with
planning related to lands adjacent to and surrounding Avon.
•GIS Manager: A GIS Manager will enable the Town of Avon to capture, store, verify,
manage, and display any data related to locations (spatial information) in Avon The GIS
manager will be responsible for maintaining the base mapping data for Avon, entering
will data collection for all departments, and retrieving and presenting data when desired
in a variety of formats.
Special Events. Council’s focus for 2023 is to focus on community events that will attract more modest attendance, as well as rethink new proposed events that might conflict with other events offered during those timeframes. The Summer’s End Labor Day concert and the Heart and Soul Festival have been eliminated for 2023. A winter fireworks event has been added at an estimated
cost of $88,900. Town staff will continue to work with CASE and Town Council to develop a
strategic plan that provides for event programing that is robust, provides community and economic benefits and meets budgetary constraints.
Downtown Development Authority: A Downtown Development Authority (“DDA”) is similar to an Urban Renewal Authority, with the primary benefit of authorizing tax increment financing within the DDA area. Tax increment financing is the ability to retain the increased property
taxes generated from new development which would otherwise go to Town of Avon, Eagle County, Eagle County School District, and other taxing jurisdictions in the Town of Avon. DDAs are allowed to impose tax increment financing for 30 years with the ability to extend for an additional 20 years. The formation of a DDA and imposition of tax increment financing does not require consent or approval of other taxing entities like an Urban Renewal Authority
(changes in Urban Renewal Authority law in 2015 requires other taxing entities to agree to revenue sharing or submit to mediation).
Capital Improvements: The Capital Improvements Plan presents the projects staff believes is appropriate for maintenance of existing infrastructure and implementing projects identified by Council. The CIP fund balance for the next three years is very healthy with at least $3 million.
Avon’s policy is to keep at least $1 million in the CIP fund balance, so that leaves $2 million not yet designated for Capital Projects. Avon also has $9 million in the General Fund as an unrestricted reserve balance. This is also the primary reason for considering the establishment of the Downtown Development Authority because additional revenues would be needed just to meet a portion of the capital improvement needs identified above.
16
GENERAL FUND: General Fund appropriated expenditures ($25,552,248) are estimated to exceed estimated revenues ($24,788,612) by $763,636. This deficit is caused primarily by the
carryover of appropriated capital outlay expenditures of approximately $846,000 for fleet
vehicles that have been ordered but will not be received until 2023. Estimated beginning-of-year fund balances are $17,404,663 and end-of-year fund balances are projected at $16,641,027. The Town’s budgetary policies require setting aside fund balance reserves of 27% of expenditures for operations and 3% for TABOR emergencies.
General Fund Revenues: Total tax revenues for 2023 are projected to be flat for 2023. This is primarily due to concerns regarding the national and local economies. Licenses and permits are budgeted to decline back to normal levels for 2023 after an increase of $946,275 in building permits in 2022. Similarly, plan check fees that are reported under charges for services are
estimated to also decline back to normal levels for 2023 after an increase of $614,796 in 2022.
Intergovernmental revenues are projected to decrease by $61,442 due primarily to the expiration of certain state and federal grants. Net of the reduction of plan check fees, charges for services is projected to grow by $96,564, primarily due to continued growth in Avon Recreation Center admissions and programs.
General Fund Expenditures: 2023 personnel cost highlights include a merit-based overall salary cost increase of 6% at January 1. As discussed above, new, full-time positions include recreation program supervisor and aquatics coordinator, a buildings and facilities technician, building inspector, ½ year long-range planner, and GIS manager. Overall personnel costs in the General
Fund are budgeted to increase by 11.74% with full-time salaries and wages are increasing by
10.71% over the final revised 2020 budget. In addition to personnel, there are several one-time fleet purchases included in the 2023 budget that have been carried over from the 2022 budget totaling over $846,000 including a Vactor truck ($456,915) in Roads and Bridges.
General Fund Reserves: Reserves remain stable in the 2023 budget with a 3% Emergency
Reserve required by TABOR ($980,080); a 27% Minimum Operating Reserve per Budget Policies ($6,899,107), and a remaining Undesignated amount ($8,761,840), which results in a total fund balance of $16,641,027, a 29% increase from the original 2022 budget.
Requests for Information
This financial report is designed to provide a general overview of the Town of Avon’s finances for all those with an interest in the Town’s fiscal management. Questions concerning any of the
information provided in this report or requests for additional financial information should be
addressed to the Finance Director, Town of Avon, Colorado, PO Box 975, Avon, CO 81620.
Scott Wright, CPA, CPFO
Finance Director
17
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18
TOWN OF AVON, COLORADO
STATEMENT OF NET POSITION
DECEMBER 31, 2022
Governmental Business-type
Activities Activities Total
ASSETS
Cash and Cash Equivalents 25,065,056$ 1,173,774$ 26,238,830$
Investments 17,202,951 - 17,202,951
Receivables 9,550,486 436,635 9,987,121
Internal Balances 100,000 (100,000) -
Prepaid Expenses 2,773 168,174 170,947
Inventory - 529,201 529,201
Restricted Assets - Cash and Cash Equivalents 450,230 - 450,230
Capital Assets Not Being Depreciated/Amortized 19,857,332 411,834 20,269,166
Capital Assets, Net of Accumulated Depreciation / Amortization 57,741,352 14,118,893 71,860,245
Total Assets 129,970,180 16,738,511 146,708,691
DEFERRED OUTFLOW OF RESOURCES
Deferred Charge on Refunding of Debt 111,858 14,317 126,175
LIABILITIES
Accounts Payable 774,884 143,151 918,035
Accrued Liabilities 347,777 61,416 409,193
Retainages Payable 18,818 - 18,818
Accrued Interest Payable 28,259 1,517 29,776
Deposits and Reserves 1,792,052 - 1,792,052
Unearned Revenues 1,636,538 - 1,636,538
Noncurrent Liabilities:
Due Within One Year 2,047,277 278,196 2,325,473
Due In More Than One Year 11,930,246 1,381,088 13,311,334
Total Liabilities 18,575,851 1,865,368 20,441,219
DEFERRED INFLOWS OF RESOURCES
Deferred Revenue - Property Taxes 2,082,427 46,003 2,128,430
NET POSITION
Net Investment in Capital Assets 64,269,372 12,946,887 77,216,259
Restricted For:
Emergencies 1,101,215 - 1,101,215
Capital Improvements 450,230 - 450,230
Urban Renewal 177,047 - 177,047
Purposes of Grantors 3,015,098 - 3,015,098
Unrestricted 40,410,798 1,894,570 42,305,368
Total Net Position 109,423,760$ 14,841,457$ 124,265,217$
The accompanying notes are an integral part of the financial statements.
19
TOWN OF AVON, COLORADO
STATEMENT OF ACTIVITIES
FOR THE YEAR ENDED DECEMBER 31, 2022
Operating Capital
Charges for Grants and Grants and
Functions/Programs Expenses Services Contributions Contributions
Governmental Activities:
General Government 6,028,279$ 358,198$ 15,167$ -$
Community Development 658,989 2,213,641 21,235 -
Public Safety 4,792,423 30,279 81,220 2,135
Public Works and Utilities 9,094,216 524,886 - 45,000
Recreation 2,196,340 1,587,555 65,294 -
Mobility 88,266 - - -
Interest and Fiscal Charges on Long-term Debt 380,278 - - -
Total Governmental Activities 23,238,791 4,714,559 182,916 47,135
Business-type Activities:
Mobility 2,926,168 407,101 431,912 1,576,477
Fleet Maintenance 1,849,994 1,582,416 - -
Total Business-type Activities 4,776,162 1,989,517 431,912 1,576,477
Total Primary Government 28,014,953$ 6,704,076$ 614,828$ 1,623,612$
General Revenues:
Property Taxes
Real Estate Transfer Taxes
Sales and Accommodation Taxes
Other Taxes
Unrestricted Investment Earnings
Grants and Contributions Not Restricted
to Specific Programs
Miscellaneous
Transfers
Total General Revenues and Transfers
Increase (Decrease) in Net Position
Net Position - Beginning of Year (Restated)
Net Position - End of Year
The accompanying notes are an integral part of the financial statements.
Program Revenues
20
Governmental Business-type
Activities Activities Total
(5,654,914)$ -$ (5,654,914)$
1,575,887 - 1,575,887
(4,678,789) - (4,678,789)
(8,524,330) - (8,524,330)
(543,491) - (543,491)
(88,266) - (88,266)
(380,278) - (380,278)
(18,294,181) - (18,294,181)
- (510,678) (510,678)
- (267,578) (267,578)
- (778,256) (778,256)
(18,294,181) (778,256) (19,072,437)
3,996,579 46,707 4,043,286
5,971,192 - 5,971,192
16,868,418 - 16,868,418
2,345,389 - 2,345,389
452,949 - 452,949
1,677,112 - 1,677,112
949,072 - 949,072
(2,676,567) 2,676,567 -
29,584,144 2,723,274 32,307,418
11,289,963 1,945,018 13,234,981
98,133,797 12,896,439 111,030,236
109,423,760$ 14,841,457$ 124,265,217$
Net (Expense) Revenue and
Changes in Net Position
21
TOWN OF AVON, COLORADO
BALANCE SHEET
GOVERNMENTAL FUNDSDECEMBER 31, 2022
Avon Urban Debt Capital
General Renewal Service Projects
Fund Fund Fund Fund
ASSETS
Cash and Cash Equivalents 12,471,838$ 174,796$ 35,942$ 8,075,123$
Investments 6,994,444 - - 7,171,370
Receivables:
- Interest 10,640 - - 4,705
- Taxes 5,368,068 293 - 177,354
- Accounts 5,776 - - -
- Intergovernmental 62,976 1,958 - -
- Employees 5,902 - - -
Deferred Expense 273 - - -
Due from Other Funds 100,000 - - -
Restricted Assets - Cash and Cash Equivalents - - - 450,230
Total Assets 25,019,917$ 177,047$ 35,942$ 15,878,782$
LIABILITIES
Accounts Payable 487,929$ -$ -$ 204,652$
Accrued Liabilities 346,954 - - -
Retainages Payable - - - 18,818
Unearned Revenue - - - 1,636,538
Deposits and Reserves 1,790,752 - - -
Total Liabilities 2,625,635 - - 1,860,008
DEFERRED INFLOWS OF RESOURCES
Unavailable Revenue - Property Taxes 2,082,427 - - -
Total Deferred Inflows of Resources 2,082,427 - - -
FUND BALANCES
Restricted For:
Emergencies 1,101,215 - - -
Water Projects - - - -
Community Enhancement - - - -
Community Housing - - - -
Capital Improvements - - - 450,230
Urban Renewal Projects - 177,047 - -
Committed For:
Capital Improvements - - - 13,568,544 Exterior Energy Offset Programs - - - -
Waste Reduction Programs - - - - Assigned For:
Debt Service - - 35,942 -
Unassigned 19,210,640 - - -
Total Fund Balances 20,311,855 177,047 35,942 14,018,774
Total Liabilities, Deferred Inflows of Resources, and Fund Balances 25,019,917$ 177,047$ 35,942$ 15,878,782$
The accompanying notes are an integral part of the financial statements.
22
RECONCILIATION OF TOTAL GOVERNMENTAL
FUND BALANCE TO NET POSITION OF
GOVERNMENTAL ACTIVITIESDECEMBER 31, 2022
Other
Governmental
Funds Total
3,085,443$ 23,843,142$ Total Governmental Fund Balances 37,939,007$
- 14,165,814
Amounts reported for governmental activities in the
- 15,345 Statement of Net Position are different because:
- 5,545,715
115,754 121,530 Capital assets used in governmental activities are not financial
261,051 325,985 resources and therefore are not reported as an asset in the
- 5,902 governmental funds.
- 273 - Capital assets 150,813,761
- 100,000 - Accumulated depreciation / amortization (76,689,847)
- 450,230 74,123,914
3,462,248$ 44,573,936$ Some liabilities, including bonds, notes and leases payable, and
compensated absences are not due and payable in the current period
and therefore are not reported as liabilities in the governmental funds.
64,736$ 757,317$ - Tax Increment Revenue Bonds payable (4,743,299)
823 347,777 - Certificates of Participation payable (8,114,000)
- 18,818 - Lease liability (232,686)
- 1,636,538 - Unamortized bond premium (224,735)
1,300 1,792,052 - Compensated absences payable (555,171)
(13,869,891)
66,859 4,552,502
Long-term receivables which are not available to pay for current period
expenditures and are not reported in the governmental funds.3,522,309
- 2,082,427
Deferred outflows of resources are not available to pay for current period
- 2,082,427 expenditures and therefore are deferred in the funds.
- Deferred Charge on Refunding of Debt 111,858
Accrued interest payable is recognized for governmental activities
- 1,101,215 but is not due and payable in the current period and therefore is not
1,008,884 1,008,884 reported as a liability in the governmental funds.(28,259)
377,774 377,774
1,628,440 1,628,440 The internal service fund is used by management to charge the rental
- 450,230 cost of certain vehicles and equipment to individual funds. The assets
- 177,047 and liabilities of the internal service fund is included in governmental
activities in the statement of net position.7,624,822
- 13,568,544 212,282 212,282 Net Position of Governmental Activities 109,423,760$
168,009 168,009
- 35,942
- 19,210,640
3,395,389 37,939,007
3,462,248$ 44,573,936$
23
TOWN OF AVON, COLORADO
STATEMENT OF REVENUES, EXPENDITURES
AND CHANGES IN FUND BALANCES
GOVERNMENTAL FUNDSFOR THE YEAR ENDED DECEMBER 31, 2022
Avon Urban Debt Capital
General Renewal Service ProjectsFundFundFundFundRevenues
Taxes 20,200,558$ 1,887,132$ -$ 5,971,192$
Licenses and Permits 1,506,396 - - -
Intergovernmental 1,336,939 - - 45,000
Charges for Services 2,449,476 - - -
Fines and Forfeitures 28,191 - - -
Investment Earnings 429,856 767 904 (15,545)
Other Revenues 483,236 - - 249,212
Total Revenues 26,434,652 1,887,899 904 6,249,859
Expenditures
Current:
General Government 5,570,978 56,556 - -
Community Development 626,354 - -
Public Safety 5,044,825 - - -
Public Works and Utilities 5,923,946 - - -
Recreation 2,018,510 - - -
Capital Improvements - - - 4,812,416
Debt Service:
Principal - 619,647 715,000 51,969
Interest - 129,525 238,557 3,751
Fiscal Charges - 400 7,546 -
Total Expenditures 19,184,613 806,128 961,103 4,868,136
Excess (Deficiency) of Revenues
Over (Under) Expenditures 7,250,039 1,081,771 (960,199) 1,381,723
Other Financing Sources (Uses)
Lease Proceeds 134,662 - - -
Transfers In 494,593 - 959,708 1,570,088
Transfers Out (2,135,000) (1,000,000) - (2,647,357)
Total Other Financing Sources (Uses)(1,505,745) (1,000,000) 959,708 (1,077,269)
Net Change in Fund Balances 5,744,294 81,771 (491) 304,454
Fund Balances, Beginning of Year 14,567,561 95,276 36,433 13,714,320
Fund Balances, End of year 20,311,855$ 177,047$ 35,942$ 14,018,774$
24
RECONCILIATION OF THE STATEMENT OF
REVENUES, EXPENDITURES, AND CHANGES IN
FUND BALANCES OF GOVERNMENTAL FUNDS
TO THE STATEMENT OF ACTIVITIESFOR THE YEAR ENDED DECEMBER 31, 2022
Other Net change in fund balances - Total Governmental Funds 6,982,286$
GovernmentalFunds Total Amounts reported for governmental activities in the
Statement of Activities are different because:
1,122,696$ 29,181,578$
129,984 1,636,380 Governmental funds report capital outlays as expenditures. However,
21,235 1,403,174 for governmental activities, those capital outlays other than
525,507 2,974,983 noncapitalizable items are shown in the Statement of Activities and the
- 28,191 cost of those assets is allocated over their estimated useful lives and
- 415,982 reported as depreciation expense:
188,217 920,665 - Capital outlay 6,167,785
- Depreciation / Amortization (4,205,298)
1,987,639 36,560,953 1,962,487
Expenses reported in the Statement of Activities that do not require
the use of current financial resources are not reported as expenditures
1,180,180 6,807,714 in governmental funds.
26,940 653,294 - Change in compensated absences payable (58,570)
- 5,044,825 - Change in accrued interest payable on outstanding bonds 2,514
160,924 6,084,870 - Amortization of bond premium 14,151
- 2,018,510 - Amortization of deferred charge on refunding (16,002)
341,524 5,153,940 (57,907)
- 1,386,616 The issuance of long-term debt provides current financial resources to
- 371,833 governmental funds, while the repayment of principal of long-term debt
- 7,946 consumes the current financial resouces of governmental funds. Neither
transaction has any effect on net position.
1,709,568 27,529,548 - Proceeds from Lease Issuances (134,662)
- Repayment of Tax Increment Revenue Bonds 619,646
- Repayment of Certificates of Participation 715,000
278,071 9,031,405 - Repayment of Lease liability 50,790
1,250,774
- 134,662 The internal service fund is used by management to charge the rental
597,699 3,622,088 cost of certain vehicles and equipment to individual funds. The
(23,512) (5,805,869) decrease in net position of the internal service fund is included in
governmental activities.1,152,323
574,187 (2,049,119) Change in Net Positon of Governmental Activities 11,289,963$
852,258 6,982,286
2,543,131 30,956,721
3,395,389$ 37,939,007$
25
TOWN OF AVON, COLORADO
STATEMENT OF NET POSITION
PROPRIETARY FUNDS
DECEMBER 31, 2022
Governmental
Fleet Activities -Mobility Maintenance InternalFundFundTotalsService FundASSETSCurrent Assets:Cash and Cash Equivalents 1,161,771$ 12,003$ 1,173,774$ 1,221,914$
Investments - - - 3,037,137 Receivables: - Taxes 46,003 - 46,003 - - Accounts - - - 13,700 - Intergovernmental 130,359 260,273 390,632 -
Due from Other Funds 50,000 - 50,000 - Deferred Expense 168,174 - 168,174 2,500 Inventory - 529,201 529,201 -
Total Current Assets 1,556,307 801,477 2,357,784 4,275,251
Noncurrent Assets:Capital Assets: - Land 281,450 130,384 411,834 - - Buildings 11,720,946 5,639,286 17,360,232 - - Machinery and Equipment 5,966,241 353,921 6,320,162 7,945,365
- Accumulated Depreciation (5,868,306) (3,693,195) (9,561,501) (4,470,595)
Total Noncurrent Assets 12,100,331 2,430,396 14,530,727 3,474,770
Total Assets 13,656,638 3,231,873 16,888,511 7,750,021
DEFERRED OUTFLOW OF RESOURCESDeferred Charge on Refunding of Debt - 14,317 14,317 -
Total Deferred Outflow of Resources - 14,317 14,317 -
The accompanying notes are an integral part of the financial statements.
Business-Type Activities - Enterprise Funds
26
Governmental
Fleet Activities -Mobility Maintenance InternalFundFundTotalsService FundLIABILITIES Current Liabilities:Accounts Payable 66,862 76,289 143,151 17,567
Accrued Liabilities 37,004 24,412 61,416 - Accrued Interest Payable - 1,517 1,517 - Compensated Absences Payable 24,068 37,059 61,127 - Due to Other Funds - 150,000 150,000 - Certificates of Participation - Current - 179,000 179,000 -
Capital Leases Payable - Current 38,069 - 38,069 53,191
Total Current Liabilities 166,003 468,277 634,280 70,758
Noncurrent Liabilities:Certificates of Participation - 1,301,000 1,301,000 -
Capital Leases Payable 80,088 - 80,088 54,441
Total Noncurrent Liabilities 80,088 1,301,000 1,381,088 54,441
Total Liabilities 246,091 1,769,277 2,015,368 125,199
DEFERRED INFLOWS OF RESOURCESUnavailable Revenue - Property Taxes 46,003 - 46,003 -
Total Deferred Inflows of Resources 46,003 - 46,003 -
NET POSITIONNet Investment in Capital Assets 11,982,174 964,713 12,946,887 3,367,138 Unrestricted 1,382,370 512,200 1,894,570 4,257,684
Total Net Position 13,364,544$ 1,476,913$ 14,841,457$ 7,624,822$
Business-Type Activities - Enterprise Funds
27
TOWN OF AVON, COLORADO
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION
PROPRIETARY FUNDS
FOR THE YEAR ENDED DECEMBER 31, 2022
Governmental
Fleet Activities -
Mobility Maintenance Internal
Fund Fund Totals Service Fund
Operating Revenues:
Charges for Services 223,064$ 1,556,425$ 1,779,489$ 1,131,958$
Other Operating Revenues 184,037 25,991 210,028 28,407
Total Operating Revenues 407,101 1,582,416 1,989,517 1,160,365
Operating Expenses:
Cost of Operations 2,322,285 1,688,889 4,011,174 5,802
Depreciation and Amortization 598,939 139,235 738,174 659,597
Total Operating Expenses 2,921,224 1,828,124 4,749,348 665,399
Operating Income (Loss)(2,514,123) (245,708) (2,759,831) 494,966
Nonoperating Revenues (Expenses):
Taxes 46,707 - 46,707 -
Operating Grants 431,912 - 431,912 -
Capital Grants 1,576,477 - 1,576,477 -
Investment Earnings - - - 36,967
Gain (Loss) on Disposal of Capital Assets - - - 51,156
Interest Expense (4,944) (21,870) (26,814) -
Total Nonoperating Revenues (Expenses)2,050,152 (21,870) 2,028,282 88,123
Income (Loss) Before
Contributions and Transfers (463,971) (267,578) (731,549) 583,089
Capital Contributions and Transfers
Contributed Capital In (Out)481,210 - 481,210 580,810
Transfers In (Out)1,700,000 495,357 2,195,357 (11,576)
Total Capital Contributions and Transfers 2,181,210 495,357 2,676,567 569,234
Change in Net Position 1,717,239 227,779 1,945,018 1,152,323
Net Position, Beginning of Year 11,647,305 1,249,134 12,896,439 6,472,499
Net Position, End of Year 13,364,544$ 1,476,913$ 14,841,457$ 7,624,822$
The accompanying notes are an integral part of the financial statements.
Business-Type Activities - Enterprise Funds
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29
TOWN OF AVON, COLORADO
STATEMENT OF CASH FLOWS
PROPRIETARY FUNDS
FOR THE YEAR ENDED DECEMBER 31, 2022
GovernmentalFleetActivities -
Mobility Maintenance InternalFundFundTotalsService Fund
Cash Flows From Operating ActivitiesCash Received from Customers and Users 208,322$ 849,751$ 1,058,073$ -$ Cash Received from Interfund Services Provided - 634,755 634,755 1,131,958
Cash Payments to Suppliers (848,186) (907,422) (1,755,608) (5,802) Cash Payments to Employees (1,166,935) (875,055) (2,041,990) - Cash Payments for Interfund Services Used (261,946) (23,215) (285,161) - Other Operating Revenues 184,037 25,991 210,028 28,407
Net Cash Provided by (Used in) Operating Activities (1,884,708) (295,195) (2,179,903) 1,154,563
Cash Flows From Noncapital Financing ActivitiesTaxes Received 46,707 - 46,707 - Grants Received 2,779,709 - 2,779,709 -
Net Borrowings (To) From Other Funds (50,000) 50,000 - - Transfers In (Out) from Other Funds 1,700,000 495,357 2,195,357 (11,576)
Net Cash Provided by Noncapital Financing Activities 4,476,416 545,357 5,021,773 (11,576)
Cash Flows From Capital Financing ActivitiesAcquisition and Construction of Capital Assets (1,964,982) (87,993) (2,052,975) (468,630) Sales of Capital Assets - - - 70,767
Interest Paid on Long-term Debt (4,944) (20,356) (25,300) - Principal Paid on Long-term Debt (36,811) (175,000) (211,811) -
Net Cash Used in Capital Financing Activities (2,006,737) (283,349) (2,290,086) (397,863)
Cash Flows From Investing ActivitiesAcquisition of Investment Securities - - - (3,037,137) Investment Earnings - - - 36,967
Net Cash Used in Investing Activities - - - (3,000,170)
Net Increase (Decrease) in Cash and Cash Equivalents 584,971 (33,187) 551,784 (2,255,046)
Cash and Cash Equivalents, Beginning of Year 576,800 45,190 621,990 3,476,960
Cash and Cash Equivalents, End of Year 1,161,771$ 12,003$ 1,173,774$ 1,221,914$
The accompanying notes are an integral part of the financial statements.
Business-Type Activities - Enterprise Funds
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GovernmentalFleetActivities -
Transit Maintenance InternalFundFundTotalsService Fund
RECONCILIATION OF OPERATING INCOME(LOSS) TO NET CASH PROVIDED BY(USED IN) OPERATING ACTIVITIES
Operating Income (Loss)(2,514,123)$ (245,708)$ (2,759,831)$ 494,966$
Adjustments to Reconcile Operating Loss to Net Cash Provided by (Used in)
Operating ActivitiesDepreciation and Amortization 598,939 139,235 738,174 659,597 Change in Assets and Liabilities:
(Increase) Decrease in Accounts Receivable (14,742) - (14,742) - (Increase) Decrease in Intergov. Receivable - (71,919) (71,919) - ( Increase) Decrease in Deferred Expense 27,162 - 27,162 -
(Increase) Decrease in Inventory - (51,726) (51,726) - Increase (Decrease) in Accounts Payable 53,494 (72,931) (19,437) - Increase (Decrease) in Accrued Liabilities (2,479) 4,951 2,472 -
Increase (Decrease) in Compensated Absences (32,959) 2,903 (30,056) -
Total Adjustments 629,415 (49,487) 579,928 659,597
Net Cash Provided by (Used in) Operating Activities (1,884,708)$ (295,195)$ (2,179,903)$ 1,154,563$
NONCASH INVESTING, CAPITALAND FINANCING ACTIVITIES
Noncash Transactions Affecting Financial Position
Contributions of Capital Assets from Governmental Activities 481,210$ -$ 481,210$ 213,610$ Contributions of Capital Assets to Governmental Activities - - - (528,841) Capital Assets Disposed - - - (33,311)
Principal on Capital Leases Paid from Governmental Activities - - - 51,970
481,210$ -$ 481,210$ (296,572)$
Business-Type Activities - Enterprise Funds
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TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
The financial statements of the Town of Avon have been prepared in conformity with generally accepted accounting principles (“GAAP”) as applied to governmental entities. The Governmental Accounting Standards Board (“GASB”) is the accepted standard-setting board for establishing governmental accounting and financial reporting principles. The
following notes are an integral part of the Town’s Annual Financial Report.
Note 1. Summary of Significant Accounting Policies A. Financial Reporting Entity
Primary Government. The Town of Avon, Colorado, was incorporated as a Town on April 24, 1978. On June 13, 1978, the citizenry voted to become a Home Rule City, as authorized by Article 20 of the Colorado State Constitution. The Town operates under a Council-Manager form of government and provides the following services as authorized by its
charter: public safety, highways and streets, culture-recreation, public improvements,
community development, planning and zoning, transportation, and general administrative services. As required by generally accepted accounting principles, these financial statements present
the Town of Avon (the primary government) and its component unit for which the Town is
considered financially accountable. Financial accountability exists if the Town appoints a voting majority of an organization’s governing board and is able to impose its will on the organization, or if the organization provided benefits to, or imposes financial burdens upon the Town. Blended component units, although legally separate entities, are, in substance,
part of the Town’s operations, so data from these units are combined with data of the Town.
The Town’s blended component units are – Avon Urban Renewal Authority – The Avon Urban Renewal Authority (AURA) was created
pursuant to Urban Renewal Law of the State of Colorado on June 26, 2007 by Town
Resolution No. 07-20 for the purpose of undertaking certain urban renewal activities within the Town. The boundaries of the AURA are coterminous with the boundaries of the Town. The bylaws of the AURA provide that the members of the Avon Town Council shall constitute the Commissioners of the AURA and the Town Manager serves as the Executive
Director and Secretary. While the AURA is a separate legal entity, for financial reporting
purposes it is blended with the Town’s financial statements and is reported in a special revenue fund as a blended component unit. The Town has a “moral obligation” for the repayment of urban renewal authority bonds. The Town accounts for the collection of tax increment property tax revenues and maintains all accounting records. A separate budget is
adopted by the AURA Commissioners.
Avon General Improvement District No. 1 – The Town of Avon General Improvement District No. 1 was organized on August 28, 2007, by adoption of Ordinance No. 07-07. The services to be provided within and for the District include transportation and recreation
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services and include the property known as Lots 1 and 2 of the final plat of the Chateau St. Claire subdivision, now commonly known as the Ascent. The members of the Avon Town Council constitute the Board of the District. The District levies a property tax to be used for transportation operations. Because the governing body of the District is substantively the
same as the Town and there is a financial benefit between the District and the Town, for
financial reporting purposes the District is blended into the Town’s financial statements and is reported in the Mobility enterprise fund as a blended component unit. Separate budgets and financial statements of the District are not adopted or issued.
B. Government-wide and Fund Financial Statements
Government-wide Financial Statements. The government-wide financial statements (i.e. the Statement of Net Position and the Statement of Activities) report information on all non-fiduciary activities of the Town (the primary government) and its component units.
Governmental activities, which normally are supported by taxes and intergovernmental
revenues, are reported separately from business-type activities, which primarily rely on fees and charges for support. Generally, interfund activity has been eliminated from the government-wide financial statements except for interfund services provided and used.
The Statement of Activities demonstrates the degree to which the direct expenses of a given
function or business segment are offset by program revenues and helps identify the extent to which each is self-financing or draws from the general revenues of the Town. Direct expenses are those that are clearly identifiable with a specific function or business segment. Program revenues include 1) charges to customers who purchase, use, or directly benefit
from goods, services, or privileges provided by a given function and, 2) grants and
contributions that are restricted to meeting the operational or capital requirements of a function or business segment. Taxes and other items not properly included among program revenues are reported instead as general revenues.
Fund Financial Statements. Fund financial statements report detailed information about the
Town with the focus on major funds rather than on reporting funds by type. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Nonmajor funds are aggregated and presented in a
single column. The internal service fund is presented in a single column on the face of the
proprietary fund statements. C. Measurement Focus, Basis of Accounting and Financial Statement Presentation
Measurement Focus and Basis of Accounting. The government-wide financial statements
have been prepared using the economic resources measurement focus and the accrual basis of accounting. This is the same approach used in the preparation of the proprietary fund financial statements. Revenues are recognized when earned and expenses are recognized when the liability is incurred regardless of the timing of related cash flows. Depreciation is
33
TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
computed and recorded as an operating expense. Expenditures for property, plant and equipment are shown as increases in assets and redemption of bonds and notes are recorded as a reduction in liabilities.
Governmental fund financial statements are reported using the current financial resources
measurement focus and the modified accrual basis of accounting. Revenue is recorded when susceptible to accrual, i.e., both measurable and available. Available means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period (60 days). The major sources of revenue which are susceptible to accrual
are property taxes, accommodations and sales taxes, and certain intergovernmental revenues.
Expenditures generally are recorded when the liability is incurred, as under full accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due.
Financial Statement Presentation – Fund Accounting. A fund is defined as a fiscal and
accounting entity with a self-balancing set of accounts which are segregated for the purpose of accounting for specific activities. The Town uses funds to report results of operations and financial position, and demonstrate compliance with legal, contractual and regulatory requirements.
The Town’s funds are classified into two broad fund categories and six generic fund types for financial reporting purposes: Governmental funds include the general, special revenue, debt service, and capital projects funds. Proprietary funds include enterprise funds and an internal service fund.
The Town’s major governmental funds are:
• General Fund – This is the Town’s primary operating fund. It is used to account for
all activities of the Town not required to be accounted for in some other fund.
• Avon Urban Renewal Fund – This fund is used to account for the receipt of tax increment revenues and the activities of redevelopment that are undertaken by the Avon Urban Renewal Authority, including issuing debt and constructing public improvements.
• Debt Service Fund – This fund is used to account for the accumulation of resources and payment of principal and interest on the Town’s general obligation and sales tax revenue bonds.
• Capital Projects Fund – This fund is used to account for the acquisition and
construction of major capital facilities other than those financed by proprietary funds. Proprietary funds distinguish operating revenues and expenses from nonoperating items.
Operating revenues and expenses generally result from providing services and producing
and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenues of all the Town’s enterprise and internal service funds are
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charges to customers for sales and services. Operating expenses for enterprise and internal service funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses.
The Town’s major proprietary funds are:
• Mobility Fund – This fund is used to account for the activities involved in operating
the Town’s transportation system.
• Fleet Maintenance Fund – This fund is used to account for the accumulation and allocation of costs associated with the maintenance of vehicles and rolling stock for the Town and certain other third-party governmental entities.
The Town’s only internal service fund is the Equipment Replacement Fund. This fund is used to account for the rental of certain vehicles and equipment to other departments for the accumulation of funds for future replacement. D. Budget Information
Budgets are adopted on a basis consistent with generally accepted accounting principles for all funds, except for proprietary funds which are budgeted on the modified accrual basis of accounting. According to the Town’s Charter, all appropriations except for capital projects or special revenue funds lapse at fiscal year-end. However, as a matter of practice, the
Town adopts annual budgets for all funds. During the year, changes may be made to budgets by adoption of supplemental amendments by resolution of the Town Council. E. Assets, Liabilities, and Deferred Outflow/Inflows of Resources
Cash, Cash Equivalents, and Investments. The Town concentrates the cash resources of its various funds to facilitate the management of cash. The balance in this concentration account is available to meet the Town’s current operating requirements. Cash resources more than current requirements is invested in various interest-bearing securities and disclosed as part of the Town’s investments. Cash and cash equivalents include amounts in
demand deposits as well as short-term investments with a maturity date within 3 months of the date acquired by the Town. Town Charter and Colorado State statutes authorize the Town to invest its excess funds in direct U.S. Government treasury and agency securities, bonds and other obligations of states
and political subdivisions, corporate bonds, and local government investment pools. Investments are stated at fair value. The change in fair value of investments is recognized as an increase or decrease to investment assets and investment income.
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TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
Inventories. Inventories are valued at cost using the first-in/first-out (FIFO) method. The costs of any governmental fund inventories are recorded as expenditures when consumed rather than when purchased. Restricted Assets. Restricted assets in the amount of $450,230 are reported in the Capital
Projects Fund. This consists of an escrow account with FirstBank for accumulating funds
for asphalt overlay in the Village at Avon pursuant to the Town’s lawsuit settlement agreement with Traer Creek Metropolitan District and the developer. When both restricted and unrestricted resources are available for use, it is the Town’s policy
to use unrestricted resources first, then restricted, as they are needed.
Capital Assets. Capital assets, which include property, plant, equipment, and infrastructure assets are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. It is the Town’s policy to capitalize expenditures
with a cost greater than $5,000 and an estimated useful life of more than one year. All
purchased capital assets are stated at cost or estimated historical cost if actual historical records are not available. Donated capital assets and donated works of art and similar items are recorded at acquisition value at the date of contribution. Major outlays for capital improvement projects are capitalized as projects are completed.
Land, public art, water rights, deed restrictions and construction in progress are not depreciated/amortized. Infrastructure consists of streets and roads, bridges, storm drainage, water rights and storage, heat recovery system, irrigation ditches, bike paths, and public parking. The costs of normal maintenance and repair that do not add to the value of the
asset or extend the estimated useful life are not capitalized but charged to operations as
incurred. Depreciation of property, plant and equipment is computed using the straight-line method over the following estimated useful lives: Buildings 10-50 years
Utilities 10-50 years
Machinery and Equipment 3-15 years Infrastructure 10-100 years Right-to-Use Leased Assets 3-6 years
Deferred Outflow/Inflows of Resources. Deferred outflows of resources represent a
consumption of net assets that applies to future periods that will not be recognized as an outflow of the resources (expenditure) until the future period. At the end of the current fiscal year, the Town had a deferred outflow of resources for unamortized deferred refunding losses. In the government-wide and proprietary funds statement of net position
deferred charge on refunding of debt is the result of the difference between the carrying
value of refunded debt and its reacquisition price. This amount is deferred and amortized over the life of the refunding bonds.
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Deferred inflows of resources represent an acquisition of net assets that applies to future periods that will not be recognized as an inflow of resources (revenue) until that time. The Town has one item that qualifies for reporting in this category: unavailable revenue. Unavailable revenue is reported in the government-wide and proprietary fund statement of net
position and in the governmental funds balance sheet. The Town reports unavailable revenue
from one source: property taxes: unavailable revenue – property taxes is reported in the government-wide and proprietary funds statement of net position and in the governmental funds balance sheet. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available.
Deferred outflows of resources are presented below the total assets on the government-wide, proprietary, and governmental fund statements. Deferred inflows of resources are presented below the total liabilities on the government-wide, proprietary, and governmental fund statements.
Long-term Obligations. In the government-wide and proprietary fund statement of net position long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the
life of the bonds using the straight-line method, which approximates the interest method.
Bonds payable are reported net of the applicable bond premium or discount. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of
debt issued is reported as other financing sources. Premiums received on debt issuances are
reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds are reported as debt service expenditures.
F. Property Taxes
Property taxes are levied by the Town Council. The levy is based on the assessed valuation of property located within the Town as determined by the County Assessor generally as of January 1 of each year. The levy is normally set by December 15 by certification to the
County Commissioners. The County Treasurer collects the property taxes during the
ensuing calendar year and remits the taxes collected to the Town on a monthly basis. Property taxes are payable in full by April 30, or if in two equal installments, by February 28 and June 15. Delinquent taxpayers are notified in August and generally sales of the tax liens
on delinquent properties are held in November or December. Property taxes, net of
estimated uncollectible taxes, are recorded as receivable in the year levied and offset to deferred inflows of resources as unavailable revenue since they typically do not meet the availability criterion.
37
TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
G. Compensated Absences It is the Town’s policy to permit employees to accumulate earned but unused personal time off (a combination of vacation and holidays) and sick pay benefits. There is no liability for
unpaid accumulated sick leave since the Town’s policy is to not pay for accumulated sick
leave when employees separate from service. The liability for compensated absences is recorded as a non-current liability in the government-wide financial statements. The current portion of this debt is estimated based on historical trends. In the fund financial
statements, governmental funds report a compensated liability payable only if it has
matured, for example, as a result of employee resignations and retirements, while the proprietary funds report the liability as it is incurred. Within the governmental funds, the General Fund typically is used to liquidate any liabilities for compensated absences.
H. Fund Equity
The following fund balance classifications describe the relative strength of the spending constraints placed on the purposes for which resources can be used:
• Nonspendable fund balance – amounts that are not in a spendable form (such as inventory or prepaid charges) or are required to be maintained intact;
• Restricted fund balance – amounts constrained to specific purposes by their providers (such as grantors, bondholders, and higher levels of government), through constitutional
provisions, or by enabling legislation;
• Committed fund balance – amounts constrained to specific purposes by a government itself, using its highest level of decision-making authority. In Avon’s case this is an ordinance adopted by the Town Council. To be reported as committed, amounts cannot
be used for any other purpose unless the government takes the same highest-level action to remove or change the constraint;
• Assigned fund balance – amounts a government intends to use for a specific purpose; intent can be expressed by the governing body or an official or body to which the
governing body delegates the authority. As a general rule, assigned fund balances are
established through the budget adoption process by the Town Council.
• Unassigned fund balance – amounts that are available for any purpose; positive amounts are reported only in the general fund.
The Town establishes (and modifies or rescinds) fund balance commitments by passage of an ordinance. A fund balance commitment is further indicated in the budget document as a designation or commitment of the fund. Assigned fund balance is established by the Town Council through adoption or amendment of the budget as intended for a specific purpose
(such as the purchase of capital assets, construction, debt service, or other purposes).
When fund balance resources are available for a specific purpose in more than one classification, it is the Town’s policy to use the most restrictive funds first in the following
38
order: restricted, committed, assigned, and unassigned as they are needed. The Town considers all unassigned fund balances to be “reserves” for future operations or capital replacement as defined within Article X, Section 20 of the Constitution of the State of Colorado (see Note 10).
I. Statements of Cash Flows For purposes of the statement of cash flows, the Town considers all highly liquid investments with a maturity when purchased of three months or less and all local
government investment pools to be cash equivalents.
J. Debt Costs Unamortized premiums of $224,735 are reflected in noncurrent liabilities. Premiums are
amortized over the remaining lives of the related debt issues using the effective interest
method. Note 2. Legal Compliance – Budgets
No later than October 15th, the Town Manager submits to the Mayor and Town Council a
proposed budget for the calendar year commencing the following January 1st. The budget is prepared by fund, department, program and project and includes information on the prior year, current estimates and requested appropriations and estimated revenues for the upcoming year.
The Town Council holds public hearings and may change appropriations except for expenditures required by law for debt service or for estimated cash deficits. No change to the budget may increase the authorized expenditures to any amount greater than the total amount of funds available. The Town Council must adopt the budget by resolution prior to
December 15th. Once adopted, the Town Council may at any time, by resolution, amend the
budget. In addition, the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department. A department is defined by the Town as a distinct, principal, or specialized division (e.g., the Department of Public Works).
Expenditures may not legally exceed budgeted appropriations at the fund level. Budgetary
comparisons in the accompanying combined financial statements and in the individual fund statements are presented at a lower-than-required level of control to facilitate detailed financial analysis. No fund expenditures exceeded budgeted appropriations during 2022.
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TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
Note 3. Cash and Investments Cash and investments as of December 31, 2022 are classified in the accompanying financial statements as follows:
Cash and Cash Equivalents
Investments Restricted Assets - Cash and Cash Equivalents
$ 26,238,830 17,202,951
450,230
Total $ 43,892,011 Cash and investments as of December 31, 2022 consist of the following:
Cash on Hand Demand Deposits Other Deposits with Financial Institutions Local Government Investment Pools Investments
$ 4,925 2,408,098 450,230 36,986,732 4,042,026
Total $ 43,892,011 Investments Authorized by the Town of Avon Investment Policy
The table below identifies the investment types that are authorized for the Town by the Town’s investment policy. The table also identifies certain provision of the Town’s investment policy that address interest rate risk, credit risk, and concentration of credit risk.
Authorized Investment Type
Maximum Maturity
Maximum Percentage Of Portfolio
Maximum Investment In One Issuer
U.S. Government Treasury Securities U.S. Government Agency Securities Repurchase Agreements Commercial Paper General Obligation Debt
Revenue Obligation Debt Local Government Investment Pools
5 years 5 years 180 days 270 days 5 years
5 years N/A
None None None 20% None
None None
None None None 5% None
None None Fair Value of Investments The Town measures and records its investments using fair value measurement guidelines established by generally accepted accounting principles. These guidelines recognize a three-
tiered fair value hierarchy, as follows:
• Level 1: Quoted prices for identical investments in active markets;
• Level 2: Observable inputs other than quoted market prices; and,
• Level 3: Unobservable inputs.
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At December 31, 2022, the Town had the following recurring fair value measurements:
Fair Value Measurements Using Investments Measured at Fair Value Total Level 1 Level 2 Level 3
U.S. Government Treasury Securities Federal Instrumentality Securities
Colotrust Edge
$ 3,552,349 489,677
13,160,927
$ 3,552,349 489,677
13,160,927
$ - -
-
$ - -
- Total $17,202,953 $17,202,953 $ - $ -
Investments Measured at Net Asset Value Total
Colotrust Plus $23,825,805 Debt and equity securities classified in Level 1 are valued using prices quoted in active markets for those securities. Debt and equity securities classified in Level 2 are valued using the following approaches:
• U.S. Government treasury securities, U.S. Government agency securities, and
commercial paper: quoted prices for identical securities in markets that are not active;
• Corporate and municipal bonds: quoted prices for similar securities in active
markets;
• Repurchase agreements, negotiable certificates of deposit, and collateralized debt obligations: matrix pricing based on the securities’ relationship to benchmark quoted prices.
At December 31, 2022 unrealized losses were $230,623 which reflects changes in the fair
market value of investments. Interest Rate Risk
Interest rate risk is the risk that changes in market interest rates will adversely affect the fair
value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The investment policy of the Town states that, to the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities. Unless matched to a specific cash flow
requirement, the Town will not invest in securities maturing more than five years from the date of purchase. In addition, the Town shall maintain at least 15% of its total investment portfolio in investments maturing in 120 days or less. At least 10% of the portfolio shall be invested in overnight investments or securities that can be sold to raise cash on one day’s
notice.
Information about the sensitivity of the fair values of the Town’s investments to market interest rate fluctuations is provided by the following table that shows the distribution of the Town’s investments by maturity:
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TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
Weighted Average Maturity (in Years) U.S. Government Treasury Notes U.S. Government Agency Securities: Federal Home Loan Mortgage Corp. Colotrust Edge
$ 3,552,349 489,677 13,160,927
1.51 0.48 NA
Total $ 17,202,953 Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation
to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating, as required by the Town’s investment policy, for investments of the Town as of December 31, 2022.
Ratings Standard & Poor’s Investment
AAAm AA+ AA+ AA+ AA+ AA+ AA+
Colotrust US Treasury Government National Mortgage Assoc. Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Mortgage Corporation Federal National Mortgage Corporation
Concentration of Credit Risk Except for commercial paper investments, the investment policy of the Town contains no
limitations on the amount that can be invested in any one issuer. Commercial paper issuers
are limited to no more than 5% of the Town’s portfolio. The Town had no direct investments in commercial paper at December 31, 2022. The Town did not have any investments in any one issuer (other than U.S. Treasury
obligations and local government investment pools) that represented 5% or more of total
Town investments. Custodial Credit Risk
Deposits. Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, the Town would not be able to recover its deposits or would not be able to recover collateral securities that are in the possession of an outside party.
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The Town’s deposits are entirely covered by federal depository insurance (“FDIC”) or by collateral held under Colorado’s Public Deposit Protection Act (“PDPA”). The FDIC insures the first $250,000 of the Town’s deposits at each financial institution. Deposit balances over $250,000 are collateralized as required by PDPA. The Colorado Public
Deposit Protection Act (PDPA) requires that cash be deposited in eligible public
depositories and that deposits in excess of federal insurance levels must be collateralized. The eligible collateral is determined by the PDPA. PDPA allows the institution to create a single collateral pool for all public funds with the Town being a named participant in the single institution collateral pool. The minimum pledging requirement is 102% of the
uninsured deposits. The Colorado State Banking Board verifies the market value at least
monthly. Bank assets (usually securities) are required by PDPA to be delivered to a third-party institution for safekeeping and pledged to the Colorado Division of Banking. Based on the above, the Colorado State Auditor has concluded that there is no custodial risk for public deposits collateralized under PDPA. The carrying amount of the Town’s demand
deposits was $2,408,109 at year end.
Investments. Custodial credit risk for investments is the risk that, in the event of the failure of the counterparty (e.g. broker-dealer) to a transaction, the Town would not be able to recover the value of its investment or collateral securities that are in the possession of
another party. The Town’s investment policy provides that all investment securities, except
certificates of deposit, local government investment pools, and money market funds purchased by the Town shall be settled on a delivery versus payment basis and will be delivered by either book entry or physical delivery and will be held in third-party safekeeping by the Town’s approved custodian bank, its correspondent bank or the
Depository Trust Company. An approved Safekeeping Agreement must be executed with
each custodian bank prior to utilizing that bank’s safekeeping services. Local Government Investment Pools
Local government investment pools are trusts established for local government entities in
Colorado to pool surplus funds. The State Securities Commissioner administers and enforces all State statutes governing the trusts. A designated custodial bank serves as custodian pursuant to a custodian agreement. The custodian acts as safekeeping agent for the trusts’ investment portfolios and provides services as the depository in connection with
direct investments and withdrawals. The custodian's internal records segregate investments
owned by the trusts. The Town of Avon invests its surplus funds in the Colorado Local Government Liquid Asset Trust’s Colotrust Plus+ and Colotrust Edge funds. The Plus+ fund may invest in U.S.
Treasury securities and repurchase agreements collateralized by U.S. Treasury securities as
well as in certain obligations of U.S. government agencies, highest rated commercial paper and repurchase agreements collateralized by certain obligations of U.S. government agencies. The Plus+ fund is a stable $1.00 net asset value (NAV) fund that offers daily liquidity. At December 31, 2022, the Town’s investment in Colotrust Plus+ was 58.07% of
43
TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
the Town’s investment portfolio. The Edge fund is an enhanced cash, variable rate NAV fund that is managed to approximate a $10.00 per share and offers weekly liquidity. As of December 31, 2022, the Town’s investment in Colotrust Edge was 32.08% of the Town’s investment portfolio.
Note 4. Capital Assets Capital asset activity for the year ended December 31, 2022 was as follows: Governmental Activities:
Beginning Balance (Restated)
Increases
Decreases
Ending Balance Capital Assets, Not Being Depreciated/Amortized: Land and Land Improvements Public Art Water Rights Deed Restrictions Construction in Progress Total Capital Assets, Not Being Depreciated/Amortized
$ 11,449,801 1,361,400 1,792,959 1,311,990 2,373,187 18,289,337
$ 503,989 - - 1,164,260 3,802,421 5,470,670
$ - - - - (3,902,675) (3,902,675)
$ 11,953,790 1,361,400 1,792,959 2,476,250 2,272,933 19,857,332 Capital Assets, Being Depreciated/Amortized: Depreciable Land Improvements Buildings Utilities Machinery and Equipment Infrastructure Right-to-use Leased Assets Total Capital Assets, Being Depreciated/ Amortized
505,242 27,737,028 4,823,613 7,399,771 93,215,738 176,606 133,857,998
- 1,857,458 - 1,007,673 2,607,669 134,662 5,607,462
- (101,588) - (462,079) - - (563,667)
505,242 29,492,898 4,823,613 7,945,365 95,823,407 311,268 138,901,793 Less Accumulated Depreciation/Amortization: Depreciable Land Improvements Buildings Utilities Machinery and Equipment Infrastructure Right-to-use Lease Assets
Total Accumulated Depreciation/Amortization
(192,180) (11,490,918) (2,350,741) (4,239,767) (58,526,051) (26,246)
(76,825,903)
(15,719) (1,021,611) (230,411) (659,596) (2,895,815) (41,743)
(4,864,895)
- 101,588 - 428,769 - -
530,357
(207,899) (12,410,941) (2,581,152) (4,470,594) (61,421,866) (67,989)
(81,160,441) Total Capital Assets, Being Depreciated/Amortized, Net
57,032,095
742,567
(33,310)
57,741,352 Governmental Activities Capital Assets, Net $ 75,321,432
$ 6,213,237 $ (3,935,985) $ 77,598,684
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Business-type Activities: Beginning Balance Increases Decreases Ending Balance
Capital Assets, Not Being Depreciated: Land Total Capital Assets, Not Being Depreciated Capital Assets, Being Depreciated: Buildings Machinery and Equipment Total Capital Assets, Being Depreciated
$ 411,834 411,834 16,879,022 4,332,059 21,211,081
$ - - 481,210 2,052,976 2,534,186
$ - - - (64,873) (64,873)
$ 411,834 411,834 17,360,232 6,320,162 23,680,394
Less Accumulated Depreciation: Buildings and Facilities Machinery and Equipment Total Accumulated Depreciation
(6,203,936) (2,684,264) (8,888,200)
(421,820) (316,354) (738,174)
- 64,873 64,873
(6,625,756) (2,935,745) (9,561,501) Total Capital Assets, Being Depreciated, Net 12,322,881 1,796,012 - 14,118,893 Business-type Activities Capital Assets, Net $ 12,734,715 $ 1,796,012 $ - $ 14,530,727 Depreciation/amortization expense was charged to functions/programs of the Town as
follows:
Governmental Activities: General Government
Community Development Public Safety
Public Works and Utilities, including general infrastructure assets Recreation
Mobility
$ 508,843
3,100 389,100
3,439,848 435,738
88,266
Total Depreciation/Amortization Expense – Governmental Activities
$ 4,864,895
Business-type Activities: Transportation Fleet Maintenance
$598,939 139,235 Total Depreciation Expense – Business-type Activities $ 738,174 Note 6. Leases Operating Leases. The Town is lessee for noncancellable leases of various equipment. The Town recognizes a lease liability and an intangible right-to-use lease asset. The Town
recognizes lease liabilities with an initial, individual value of $5,000 or more.
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TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
At the commencement of a lease, the Town initially measures the lease liability at the present value of payments expected to be made during the lease term. Subsequently, the lease liability is reduced by the principal portion of lease payments made. The lease asset is initially measured as the initial amount of the lease liability, adjusted for lease payments
made at or before the lease commencement date, plus certain initial direct costs.
Subsequently, the lease asset is amortized on a straight-line basis over its useful life. Key estimates and judgments related to leases include how the Town determines the following:
• Discount Rate: The Town uses the interest rate charged by the lessor as the discount
rate to discount the expected lease payments to present value. When the interest rate charged by the lessor is not provided, the Town uses its incremental rate of borrowing.
• Lease Term: The lease term includes the noncancellable period of the lease and
extended term(s) that the Town is reasonably certain to exercise.
• Lease Payments: Lease payments included in the measurement of the lease liability are composed of fixed payments along with purchase options that the Town is reasonably certain to exercise.
The Town monitors changes in circumstances that would require a remeasurement of its leases and will remeasure the lease asset and liability if certain changes occur that are expected to significantly affect the amount of the lease liability. Lease assets are reported with other capital assets and lease liabilities are reported with long-term debt on the
Statement of Net Position. During the year ended December 31, 2022, the Town entered into a long-term lease agreement as the lessee for the acquisition and use of equipment. As a result of the implementation of the GASB Statement No. 87, Leases, the Town now reports this as lease
liabilities. As of December 31, 2022, the value of the lease liabilities was $232,686. The Town is required to make annual principal and interest payments ranging from $22,000 to $32,112. The lease has an interest rate of 0.686%. The value of the right-to-use lease assets as of the end of the current fiscal year was $311,268 and had accumulated amortization of $67,989. The future principal and interest payments as of December 31, 2022, were as
follows:
Year Ending
December 31 Principal Interest
2023 2024 2025 2026
$ 56,349 57,193 58,054 61,090
$ 3,491 2,648 1,787 910 Total $ 232,686 $ 8,836
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Capital Lease Obligations. The following leases are renewable on an annual basis, at the option of the Town, for consecutive one-year periods. Upon final payment, title to the leased assets will pass to the Town.
• Lease obligation for equipment with a total cost of $355,818 and a book value net of
accumulated depreciation at December 31, 2022 of $220,886. Due in seven annual installments of $55,720 through November 2024. Amortization is based on an interest rate of 2.35%. The Town may terminate the lease by paying the applicable purchase option on any scheduled payment. Balance at December 31, 2022 is
$107,632.
• Lease obligation for equipment with a total cost of $258,258 and a book value net of accumulated depreciation at December 31, 2022 of $208,926. Due in fourteen semi-annual installments of $20,877 through August 2025. Amortization is based on an interest rate of 3.39%. The Town may terminate the lease by paying the applicable
purchase option on any scheduled payment. Balance at December 31, 2022 is $118,157. Annual debt service requirements to maturity for Capital Lease Obligations outstanding at December 31, 2022, are as follows:
Year Ending December 31
Governmental Activities
Business Activities Principal Interest Principal Interest 2023 2024 2025
$ 53,191 54,441 -
$ 2,529 1,279 -
$ 38,069 39,371 40,716
$ 3,686 2,384 1,038
Total $ 107,632 $ 3,808 $ 118,157 $ 7,108 Note 6. Long-term Debt
Revenue Bonds and Loans – Avon Urban Renewal Authority. In 2013, the Avon Urban
Renewal Authority issued Series 2013 Tax Increment Revenue Bonds to refinance outstanding obligations of the Authority and to finance certain capital improvements. In 2017, the Avon Urban Renewal Authority issued Series 2017 Tax Increment Revenue
Bonds to finance tenant improvements related to the future occupancy of a new Town Hall.
In 2020, the Avon Urban Renewal Authority issued its Series 2020 Tax Increment Revenue Refunding Loan in the amount of $4,111,000 with an interest rate of 2.11%. This loan along with the release of the Series 2013 debt service reserve of $628,240 was used to refund the
outstanding Series 2013 Tax Increment Revenue Bonds in the aggregate principal amount of
$4,560,000. The refunding resulted in an economic gain of $176,403 with a cash flow savings of $883,089. The 2017 Bonds and the 2020 Loan constitute a pledge of, and an irrevocable first lien (but
not an exclusive first lien), on all pledged revenues. Pledged revenues include the portion of
47
TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
the ad valorem proprietary taxes produced by the levies at the rates fixed each year by the governing bodies of the various taxing jurisdictions within the Urban Renewal Project Area. The levies are assessed upon that portion of the valuation for assessment of all taxable property in excess of a defined property tax base amount. The pledged revenues are reduced
by a) any County collection fee (b) tax increment revenues required to be remitted by the
Authority to the Confluence Metropolitan District pursuant to the Avon Station/Confluence IGA; and (c) ad valorem property taxes produced by a mill levy of any special district formed after May 28, 2009. Revenue bonds and loans outstanding at December 31, 2022, are as follows:
Purpose Interest Rates Amount
General Government – Avon Urban Renewal Authority 2.11% - 2.90% $ 4,743,299
Annual debt service requirements to maturity for revenue bonds outstanding at December 31, 2022, are as follows:
Year Ending Avon Urban Renewal Authority
December 31 Principal Interest
2023 2024 2025 2026 2027 2028-2031
$ 634,175 648,867 664,728 679,762 965,975 1,419,793
$ 114,861 99,843 84,466 68,705 52,575 72,878
Total $ 4,743,299 $ 493,327 Certificates of Participation. On November 16, 2010, the Town issued $6,680,000 of Series
2010 Certificates of Participation with interest rates of 2% to 5%. The Certificates evidence
a proportionate interest in the base rentals and other revenues under an annually renewable lease purchase agreement dated as of November 1, 2010, between UMB Bank, solely in its capacity as trustee under the Indenture, as lessor, and the Town of Avon, as lessee. These Certificates were used to refund the outstanding 1998 Certificates of Participation in the
aggregate principal amount of $3,990,000. The refunding resulted in an economic gain of
$43,298 with a cash flow savings of $904,642. The remaining funds from the 2010 Certificates were used as matching funds for the construction of the Avon Regional Transit Facility, which was completed and placed into service in October 2013.
On January 14, 2015, the Town issued $3,800,000 of Series 2014B Certificates of
Participation with an interest rate of 3.03% to finance the cost of street improvements. The Certificates evidence a proportionate interest in the base rentals and other revenues under an annually renewable lease purchase agreement dated as of January 14, 2015, between UMB Bank, N.A., solely in its capacity as trustee under the Indenture, as lessor, and the Town of
Avon, as lessee.
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On May 3, 2016, the Town held a special election concerning the financing for a joint public safety facility in partnership with the Eagle River Fire Protection District. The election was successful and on August 2, 2016, the Town issued $6,300,000 of Series 2016 Certificates of Participation with interest rates of 2% to 4%. The Certificates evidence a proportionate
interest in the base rentals and other revenues under an annually renewable lease purchase
agreement dated as of August 2, 2016, between UMB Bank, N.A., solely in its capacity as trustee under the Indenture, as lessor, and the Town of Avon, as lessee. On September 2, 2020, the Town issued $3,983,000 of Series 2020 Certificates of
Participation with an interest rate of 1.23%. These Certificates, along with the release of the
Series 2010 debt service reserve of $508,700 were used to refund the outstanding 2010 Certificates of Participation in the aggregate principal amount of $4,300,000. The refunding resulted in an economic gain of $640,454 with a cash flow savings of $1,227,703. The Certificates evidence a proportionate interest in the base rentals and other revenues under an
annually renewable lease purchase agreement dated as of September 2, 2020, between UMB
Bank, solely in its capacity as trustee under the Indenture, as lessor, and the Town of Avon, as lessee. Certificates of Participation outstanding at December 31, 2022, are as follows:
Purpose Interest Rates Amount
General Government – Refunding and Capital 1.23% - 4.0% $9,769,000
Annual debt service requirements to maturity for Certificates of Participation outstanding at December 31, 2022, are as follows:
Year Ending
December 31
Governmental Activities Business Activities
Principal Interest Principal Interest 2023
2024 2025
2026 2027
2028-2032 2033-2035
$ 734,000
748,000 770,000
784,000 802,000
3,021,000 1,255,000
$ 222,992
203,973 184,605
167,720 150,534
408,844 76,050
$ 179,000
177,000 180,000
184,000 187,000
573,000 -
$ 18,204
16,002 13,825
11,611 9,348
14,145 -
Total $ 8,114,000 $ 1,414,718 $ 1,655,000 $ 103,492
49
TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
Changes in Long-term Liabilities. Long-term liability activity for the year ended December 31, 2022, was as follows: Beginning Balance, Restated
Additions
Deletions
Ending Balance
Due Within One Year
Governmental Activities: Bonds Payable: Revenue Bonds Certificates of Participation Bond Premium Total Bonds Payable Lease Liabilities Capitalized Leases Payable Compensated Absences
$ 5,362,945 8,829,000 14,191,945 238,886 14,430,831 148,814 159,601 496,601
$ - - - - - 134,662 - 903,443
$ 619,646 715,000 1,334,646 14,151 1,348,797 50,790 51,969 844,873
$ 4,743,299 8,114,000 12,857,299 224,735 13,082,034 232,686 107,632 555,171
$ 634,175 734,000 1,368,175 14,391 1,382,566 56,349 53,191 555,171 Governmental Activity Long- term Liabilities
$15,235,847
$ 1,038,105
$ 2,296,429
$13,977,523
$ 2,047,277 Business-type Activities: Certificates of Participation Total Bonds Payable Capitalized Leases Payable Compensated Absences
$ 1,655,000 1,655,000 154,967 110,008
$ - - - 163,672
$ 175,000 175,000 36,810 212,553
$ 1,480,000 1,480,000 118,157 61,127
$ 179,000 179,000 38,069 61,127 Business-type Activity Long- term Liabilities
$ 1,919,975
$ 163,672
$ 424,363
$ 1,659,284
$ 278,196
Conduit Debt Obligations. In prior years, the Town has sponsored the issuance of revenue
bonds to provide financial assistance to private-sector entities for the acquisition and construction of facilities deemed to be in the public interest. Eaglebend Dowd Affordable Housing Corporation. The Eaglebend Dowd Affordable
Housing Corporation (Dowd) was formed on March 24, 1998, to help provide affordable
housing within Eagle County. Dowd operates a 50-unit apartment project within Eagle County. The Town approved the formation and the issuance of the revenue bonds to finance the project and will obtain full legal title to the land, buildings, and equipment upon payment in full of the bonds.
In 2003, the Town approved the issuance by Dowd of $9,520,000 in Series 2003 Refunding Revenue Bonds to defease the outstanding Series 1998A Revenue Bonds by placing the proceeds of the Series 2003 bonds in an irrevocable trust to provide for all future debt service payments on the old bonds. In August 2013, Dowd issued $8,450,000 in Series 2013
50
Multifamily Housing Project Refunding Revenue Bonds to refund the Series 2003 Bonds. In November 2014, Dowd issued $8,850,000 of Multifamily Housing Project Refunding Revenue Bonds, Series 2014A to refund and defease the Series 2013 bonds. In November, 2022 the Public Finance Authority (“PFA”) issued Series 2022 Refunding Revenue Bonds
in the amount of $13,000,000 to refund and defease all the outstanding Series 2014A
Multifamily Refunding Revenue Bonds and Series 1998 B&C Subordinate Revenue Bonds, and the finance a portion of the costs to complete project improvements to the project. The bonds are special limited obligations of Dowd and are payable solely from payments made by Dowd pursuant to the financing agreement. The bond holders have a lien on the assets of
the project. The bonds do not constitute an obligation or liability of the State of Colorado,
the Town, or any other political subdivision of the State of Colorado. Accordingly, the PFA issued Series 2022 Refunding Revenue Bonds do not constitute conduit debt of the Town, nor are the bonds reported as liabilities in the accompanying
general purpose financial statements. As of December 31, 2022, the Town has no conduit
debt obligations outstanding. Defeased Debt. Certain other bonds previously issued by the Town have been defeased by the issuance of refunding bonds. As of December 31, 2022, there are no amounts
outstanding on any refunded bonds.
Note 7. Employee Retirement Plans Full-time Employees. The Town maintains two single-employer, defined contribution
pension plans for full-time employees: (1) the Town of Avon Police Officers Money
Purchase Pension Plan of which there are 30 participants, and (2) the Town of Avon General Employee Money Purchase Pension Plan of which there are 140 participants as of December 31, 2022. Plan administration and recordkeeping of these plans is provided by The Principal Financial Group.
A defined contribution pension plan has terms that specify how contributions to an individual’s account are to be determined rather than the amount of pension benefits the individual is to receive. In a defined contribution plan, the pension benefits a participant will receive depend only on the amount contributed to the participant’s account, earnings on
investments of those contributions, and forfeitures of other participant’s benefits that may be
allocated to the participant’s account. All full-time employees are required to participate in one of the above retirement plans upon employment with the Town. The type of plan that an employee participates in is dependent
on the type of employee (police officer or general government employee). Town ordinance
provides that both the employee and the Town will contribute an amount equal to 11% of the employee’s base salary each month.
51
TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
Employees hired prior to September 30, 1990, become vested in accordance with a vesting schedule which is dependent on the type of employee and hire date. All employees hired after September 30, 1990, start partial vesting after two years of service and are fully vested after five years of service. In addition, if an employee reaches normal retirement age, dies,
or becomes totally and permanently disabled his account becomes fully vested regardless of
length of service. Forfeitures by employees who leave employment before being fully vested are applied, first, to offset administrative expenses of the plans, and second, to reduce matching employer contributions. Forfeitures totaling $43,374 were used in 2022 for administrative expenses. No forfeitures were used to reduce matching employer
contributions. Contributions made by employees and the Town for the three years ended
December 31, 2022, are as follows: 2022 2021 2020
Employee Contributions $ 883,828 $ 792,164 $ 784,962
Town Contributions $ 883,828 $ 792,164 $ 784,962
Both the Town and the covered employees each made the required 11% contributions to the plans. There are no liabilities for benefits beyond the Town’s matching payments. No
changes in the various plan’s provisions occurred in 2022. Part-time, Temporary and Seasonal Employees. On October 14, 1997, the Town adopted a PTS Retirement Plan administered by the ICMA Retirement Corporation and established under Section 457 of the Internal Revenue Code that pertains to deferred compensation
plans. Plan administration and recordkeeping of this plans was transferred to The Principal Financial Group in November 2017. The PTS plan is designed specifically for employees who are part-time, temporary, or seasonal, and is defined as a Social Security replacement retirement plan. The PTS plan allows participants to defer federal and state income taxes on savings until retirement. The PTS plan requires a minimum contribution of 7.5% of an
employee’s salary per plan year. This 7.5% may be the employee’s contribution, the employer’s contribution, or a combination of both. The Town elected to have 3.75% contributed by the employee and 3.75% matched by the Town. Employees also have the option to contribute additional amounts.
Upon separation of service, participants may withdraw the account balance in a lump-sum payment, roll the account balance over into another 457 plan, or continue to allow the account balance earn interest tax free. Taxes are paid when funds are withdrawn from the plan.
52
Contributions made by plan members and the Town for the three years ended December 31, 2022, are as follows:
2022 2021 2020
Employees $41,283 $41,043 $35,822
Town $35,001 $35,359 $30,137
Both the Town and the covered employees each made the required 3.75% contributions to the plan. There are no liabilities for benefits beyond the Town’s matching payments. As of December 31, 2022, there were 213 participants in this plan.
Note 8. 457 Deferred Compensation Plan The Town offers its full-time employees an optional supplemental deferred compensation plan created in accordance with Internal Revenue Code Section 457. Plan administration
and recordkeeping is provided by The Principal Financial Group. The 457 plan allows
eligible participants the opportunity to accumulate additional retirement savings with certain tax advantages. Deposits into the 457 plan are not subject to state or federal income taxes at the time of deposit, and earnings on these deposits are deferred until withdrawn. As of December 31, 2022, there were 52 participants in the 457 plan.
Note 9. Employee Health Care The Town has a self-insurance plan for employee health and dental care. A third-party administrator processes individual employee claims and negotiates excess stop-loss
insurance policies. Excess stop-loss insurance policies are purchased to cover individual
claims in excess of $40,000 and aggregate total yearly claims in excess of $1,876,896. Settled benefit claims did not exceed the aggregate total yearly claims for 2022. As of December 31, 2022, the Town held reserves for future claims in the amount of $1,125,972.
The following represents the changes in the claims reserve for the Town for 2022 and 2021:
2022 2021
Claims Reserve for Future Claims, Beginning of Year Current Year Deposits for Estimated Claims Excess Stop Loss Refunds for Specific (Individual) Claims Claim Payments
$ 1,446,415 1,441,715 304,443 (2,066,601)
$ 1,239,247 1,594,487 213,156 (1,600,475) Claims Reserve for Future Claims, End of Year $ 1,125,972 $ 1,446,415
53
TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
Note 10. Interfund Receivables, Payables and Transfers Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are reported in the fund financial statements as “due
to/from other funds”. These interfund receivables and payables are expected to be repaid
within the next year. The composition of these interfund balances as of December 31, 2022, is as follows:
Receivable Fund Payable Fund Amount
General Fund Fleet Maintenance Fund
$ 100,000
Interfund Transfers:
Fund Transfers In Transfers Out
Major Funds: General Fund Urban Renewal Authority Fund Debt Service
Capital Projects Fund Mobility Enterprise Fund
Fleet Maintenance Enterprise Fund Equipment Replacement Fund Other Funds: Water Fund
Community Housing
Total
$ 494,593 - 959,708
1,570,088 1,700,000
495,357 - -
597,699
$ 5,817,445
$ 2,135,000 1,000,000 -
2,647,357 -
- 11,576 23,512
-
$ 5,817,445
During the year, capital assets purchased in 2022 related to governmental funds, with a book values of $528,841 were transferred to the internal service fund. In addition, capital lease principal payments of $51,970 were made on behalf of the internal service fund. No amounts were reported in the governmental funds as the amounts did not involve the transfer
of financial resources. However, the internal service fund reported contributed capital in
for the capital resources received. Note 11. Commitments and Contingencies
Litigation. The Town is a party to various legal proceedings. Town management believes
ultimate disposition of those subsequent pending claims and legal proceedings will not likely have a material adverse effect, if any, on the financial condition of the Town. Construction Contract Commitments. As of December 31, 2022, the Town had one
construction contract commitment outstanding in the amount of $12,096.
Intergovernmental Agreement. The Town has entered into an Intergovernmental Agreement (IGA) with the Eagle River Fire Protection District (Fire District) for the ownership, construction, operation, and maintenance of a joint fire-police station facility. The IGA
54
provides for many covenants and mutual agreements including the amendment and replacement of previous IGAs, conveyance of the real property interest, construction financing, waiver of building permit fees, construction, apportionment of costs, termination of existing leases, use and occupancy, and operation and maintenance of the joint public
safety facility. The IGA continues in perpetuity until amended or terminated by either party.
Tax, Spending and Debt Limitations. Article X, Section 20 of the Colorado Constitution, commonly known as the Taxpayer’s Bill of Rights (TABOR) contains tax, spending, revenue, and debt limitations which apply to the State of Colorado and all local
governments. Spending and revenue limits are determined based on the prior year’s Fiscal
Year Spending adjusted for allowable increases based upon inflation and local growth. Fiscal Year Spending is generally defined as expenditures plus reserve increases with certain exceptions. Revenue in excess of the Fiscal Year Spending limit must be refunded unless the voters approve retention of such revenue.
In November 1997, voters within the Town passed a ballot issue which permanently authorizes the Town, without an election, to act on all spending and revenue raising measures which are limited by TABOR. In addition, voters authorized the Town to keep and spend all revenue collected by the Town regardless of any limitation contained in
TABOR. The only exceptions are proposed sales or use tax rate increases and property tax
rate increases which must be submitted to the voters, unless otherwise allowed by law. Enterprises, defined as government-owned business authorized to issue revenue bonds and receiving less than 10 percent of annual revenue in grants from all state and local
governments combined, are excluded from the provisions of TABOR. TABOR also
requires local governments to establish Emergency Reserves. These reserves must be at least 3% of Fiscal Year Spending (excluding bonded debt service). Local governments are not allowed to use the emergency reserves to compensate for economic conditions, revenue shortfalls, or salary or benefit increases. The Town has established an emergency reserve in
the General Fund for the year ended December 31, 2022 in the amount of $1,101,215.
Town management believes it is in compliance with the provisions of TABOR. However, TABOR is complex and subject to interpretation. Many of the provisions, including the interpretation of how to calculate Fiscal Year Spending limits will require judicial
interpretation. Note 12. Risk Management The Town is exposed to various risks of loss related to torts; thefts of, damage to, and
destruction of assets; errors or omissions; injuries to employees; and natural disasters.
The Town is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA). CIRSA is a joint self-insurance pool created by intergovernmental agreement of 279 municipalities and special districts to provide property, general and automobile liability and
55
TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
public officials coverage to its members. CIRSA is governed by a seven-member Board elected by and from its members. Coverage is provided through pooling of self-insured losses and the purchase of excess
insurance coverage. CIRSA has a legal obligation for claims against its members to the
extent that funds are available in its annually established loss fund and that amounts are available from insurance providers under excess specific and aggregate insurance contracts. Losses incurred in excess of loss funds and amounts recoverable from excess insurance are
direct liabilities of the participating members. CIRSA has indicated that the amount of any
excess losses would be billed to members in proportion to their contributions in the year such excess occurs, although it is not legally required to do so. The Town’s annual contribution to CIRSA amounted to $255,978 for 2022. The Town has not been informed of any excess losses that may have been incurred by the pool.
The Town continues to carry commercial insurance coverage for other risks of loss including workers compensation. Settled claims have not exceeded this commercial coverage in any of the past three fiscal years.
Note 13. Upper Eagle Regional Water Authority
The Town is a participant in the Upper Eagle Regional Water Authority. The Authority was formed pursuant to an establishing contract on September 18, 1984, by the following municipal and quasi-municipal corporations (Members) located in Eagle County, Colorado.
• Arrowhead Metropolitan District
• Beaver Creek Metropolitan District
• Berry Creek Metropolitan District
• Eagle-Vail Metropolitan District
• Edwards Metropolitan District
• Town of Avon
The Authority also provides water services to the Cordillera and Bachelor Gulch developments through contracts with Members. The Authority was formed to make the best practicable use of the Members’ joint resources in supplying water to the members and to further develop water resources and facilities in Eagle County. The Authority may not be
terminated so long as bonds, notes or other obligations are outstanding, unless provision for
full payment of such obligations has been made. At December 31, 2022, the Authority had debt with maturities through the year 2039. The Town has a service contract with the Authority whereby the Authority provides and
bills residents of the Town with water at a rate which is expected to cover its costs in
providing water services and other functions. Such costs specifically include debt service requirements, depreciation, and operations and maintenance, including maintenance of the
56
Town’s water distribution system. As part of the agreement, the Town conveyed its water distributions facilities and leased its water rights, associated easements, and improvements to the Authority at no cost. In consideration, the Authority has agreed to maintain the associated improvements and to administer and protect the Town’s plan for augmentation
and water decrees at no cost. During 2022, the Authority collected $168,354 in water
surcharges for the Town. Note 14. Tax Abatements
The Town has entered into various agreements in order to meet development goals within
certain areas of the Town. The following areas have continuing development requirements or abatement agreements requiring disclosure. Development Area Revenues Impacted Governing Document Amount Requirements
Village at Avon PUD Sales Tax, Accommodation Tax, Real Estate Transfer Tax
Consolidated, Amended and Restated Annexation and Development Agreement
$5,287,363 100% tax credit against sales, accommodations and real estate transfer taxes paid within the development area.
Riverfront PUD Property Tax Increment Intergovernmental Agreement $ 611,930 100% tax rebate of incremental property taxes received from Avon Station Metropolitan District, excluding Lot B. Note 15. Major Taxpayers For the year ended December 31, 2022 sixty percent (60%) of the Town’s sales tax revenues were received from the ten highest-paying companies.
Note 16. Restatement Governmental Accounting Standard Board (GASB) Statement No. 87, Leases, requires recognition of certain lease assets and liabilities for leases that previously were classified as
operating leases and recognized as inflows of resources or outflows of resources based on
the payment provisions of the contract. It establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. Under this Statement, a lessee is required to recognize a lease liability and an intangible right-to-use lease asset. and a lessor is required to recognize a lease receivable
and a deferred inflow of resources.
57
TOWN OF AVON, COLORADO
NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2022
The Town has implemented GASB 87 effective for the fiscal year ended December 31, 2022. As such, the Town has restated the beginning balances of its capital assets and long-term debt for right-to-use assets and liabilities related to operating leases that existed prior to January, 1, 2022.
Statement of Activities Governmental Activities
Net Position, Beginning of Year
Implementation of GASB 87
$ 98,132,251 1,546
Net Position, Beginning of Year (Restated) $ 98,133,797
58
TOWN OF AVON, COLORADO
REQUIRED SUPPLEMENTAL INFORMATION
GENERAL FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
(BUDGETARY BASIS) - BUDGET AND ACTUAL
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual Positive
Original Final Amounts (Negative)
Revenues
Taxes 18,469,729$ 19,742,180 20,200,558$ 458,378$
Licenses and Permits 320,325 1,305,900 1,506,396 200,496
Intergovernmental 1,086,080 1,315,897 1,336,939 21,042
Charges for Services 1,423,493 2,293,525 2,449,476 155,951
Fines and Forfeitures 38,700 38,700 28,191 (10,509)
Investment Earnings 75,000 150,000 429,856 279,856
Other Revenues 503,500 458,500 483,236 24,736
Total Revenues 21,916,827 25,304,702 26,434,652 1,129,950
Expenditures
Current:
General Government 5,944,298 6,283,810 5,570,978 712,832
Community Development 703,454 731,491 626,354 105,137
Public Safety 4,834,501 4,901,129 5,044,825 (143,696)
Public Works 7,019,921 6,744,648 5,923,946 820,702
Recreation 2,097,618 2,166,115 2,018,510 147,605
Total Expenditures 20,599,792 20,827,193 19,184,613 1,642,580
Excess (Deficiency) of Revenues
Over (Under) Expenditures 1,317,035 4,477,509 7,250,039 2,772,530
Other Financing Sources (Uses)
Lease Proceeds
Transfers In:- - 134,662 134,662
Capital Projects Fund 494,593 494,593 494,593 -
Transfers Out:
Capital Projects Fund - (535,000) (535,000) -
Mobility Enterprise Fund (1,300,000) (1,300,000) (1,300,000) -
Fleet Maintenance Enterprise Fund (300,000) (300,000) (300,000) -
Total Other Financing Sources (Uses)(1,105,407) (1,640,407) (1,505,745) 134,662
Net Change in Fund Balances 211,628 2,837,102 5,744,294 2,907,192
Fund Balances, Beginning of Year 12,664,061 14,567,561 14,567,561 -
Fund Balances, End of year 12,875,689$ 17,404,663$ 20,311,855$ 2,907,192$
Budgeted Amounts
59
TOWN OF AVON, COLORADO
REQUIRED SUPPLEMENTAL INFORMATION
AVON URBAN RENEWAL AUTHORITY FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
(BUDGETARY BASIS) - BUDGET AND ACTUAL
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual Positive
Original Final Amounts (Negative)Revenues
Taxes 1,835,895$ 1,839,922$ 1,887,132$ 47,210$
Investment Earnings - - 767 767
Total Revenues 1,835,895 1,839,922 1,887,899 47,977
Expenditures
Current:
General Government 56,077 56,198 56,556 (358)
Debt Service:
Principal 619,647 619,647 619,647 -
Interest 129,526 129,526 129,525 1
Fiscal Charges 900 900 400 500
Total Expenditures 806,150 806,271 806,128 143
Excess (Deficiency) of Revenues
Over (Under) Expenditures 1,029,745 1,033,651 1,081,771 48,120
Other Financing Sources (Uses)
Transfers Out:
Capital Project Fund (1,000,000) (1,000,000) (1,000,000) -
Net Change in Fund Balances 29,745 33,651 81,771 48,120
Fund Balances, Beginning of Year 70,399 95,276 95,276 -
Fund Balances, End of year 100,144$ 128,927$ 177,047$ 48,120$
Budgeted Amounts
60
TOWN OF AVON, COLORADO
NOTES TO REQUIRED SUPPLEMENTAL INFORMATION DECEMBER 31, 2022
Note 1. Budgetary Information
An annual budget is legally adopted on a basis consistent with generally accepted accounting
principles for all funds, with the exception of proprietary funds which are budgeted on the modified accrual basis of accounting. Appropriations lapse at fiscal year-end except for capital projects and special revenue funds which may have project-length budgets that carryover from year-to-year. However, as a matter of practice, the Town adopts annual budgets for all funds. The budget is
prepared by fund, department, program, object and project. Expenditures may not legally exceed
budgeted appropriations at the fund level. The Town Council holds public hearings and may change appropriations except for expenditures required by law for debt service or for estimated cash deficits. No change to the budget may
increase the authorized expenditures to any amount greater than the total amount of funds
available. The Town Council must adopt the budget by resolution prior to December 15th. Once adopted, the Town Council may at any time, by resolution, amend the budget. In addition, the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department. A department is defined by the Town as a distinct, principal or
specialized division (e.g., the Department of Public Works).
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62
NONMAJOR GOVERNMENTAL FUNDS
Special Revenue Funds
Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. Water Fund – This fund is used to account for the cost of maintaining certain water-related assets and for the receipt of water surcharges and tap fees within the Town limits. Community Enhancement Fund – This fund is used to account for revenues received from a franchisee and restricted for use for beautification projects, energy conservation projects,
equipment and technology upgrades for schools, scholarship funds, acquisition of open space and/or park land and development thereof, sponsorship of special community events, and undergrounding of overhead electric and other utility lines.
Community Housing Fund – This fund is used to accumulate and account for resources received
and restricted for use in the Town’s community housing program. Exterior Energy Offset Fund – This fund is used to account for fees collected at building permit to create financial assistance, rebates, and incentives to promote energy efficient projects within
the Town of Avon. Fees are established based on a formula using BTUs required for certain
amenities over a 20-year period. Disposable Paper Bag Fee Fund - This fund is used to account for fees received by the Town from retailers who are required to pay ten cents ($0.10) for each disposable paper bag used during
a retail purchase. Effective May 1, 2018 it became unlawful for retailers to provide plastic bags
to customers at point of sale. The intent is to encourage the use of reusable bags. Fees are restricted for use to programs and education related to waste reduction, and for providing reusable bags to Town residents and guests.
63
TOWN OF AVON, COLORADO
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDS
DECEMBER 31, 2022
Community Community Exterior Energy
Water Enhancement Housing Offset
Fund Fund Fund Fund
ASSETS
Cash and Cash Equivalents 959,240$ 290,921$ 1,446,222$ 220,199$
Receivables:
- Accounts - 87,665 21,235 -
- Intergovernmental 90,082 - 170,969 -
Total Assets 1,049,322$ 378,586$ 1,638,426$ 220,199$
LIABILITIES
Accounts Payable 39,615$ 812$ 8,686$ 7,917$
Accrued Liabilities 823 - - -
Deposits and Reserves - - 1,300 -
Total Liabilities 40,438 812 9,986 7,917
FUND BALANCES
Restricted For:
Water Projects 1,008,884 - - -
Community Enhancement - 377,774 - -
Committed For:
Exterior Energy Offset Programs - - - 212,282
Waste Reduction Programs - - - -
Assigned For:
Community Housing Programs - - 1,628,440 -
Total Fund Balances 1,008,884 377,774 1,628,440 212,282
Total Liabilities, Deferred Inflows of
Resources, and Fund Balances 1,049,322$ 378,586$ 1,638,426$ 220,199$
Special Revenue Funds
64
Disposable Total
Paper Bag Nonmajor
Fee Governmental
Fund Funds
168,861$ 3,085,443$
6,854 115,754
- 261,051
175,715$ 3,462,248$
7,706$ 64,736
- 823
- 1,300
7,706 66,859
- 1,008,884
- 377,774
- 212,282
168,009 168,009
- 1,628,440
168,009 3,395,389
175,715$ 3,462,248$
65
TOWN OF AVON, COLORADO
COMBINING STATEMENT OF REVENUES, EXPENDITURES
AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
FOR THE YEAR ENDED DECEMBER 31, 2022
Community Community Exterior Energy
Enhancement Water Housing Offset
Fund Fund Fund FundRevenues
Taxes -$ -$ 1,122,696$ -$
Licenses and Permits - - - 129,984
Intergovernmental - - 21,235 -
Charges for Services - 459,994 65,513 -
Other Revenues 87,665 - 28,235 -
Total Revenues 87,665 459,994 1,237,679 129,984
Expenditures
Current:
General Government - - 1,168,721 -
Community Development - - - 26,940
Public Works and Utilities 11,312 149,612 - -
Capital Improvements - - 341,524 -
Total Expenditures 11,312 149,612 1,510,245 26,940
Excess (Deficiency) of Revenues
Over (Under) Expenditures 76,353 310,382 (272,566) 103,044
Other Financing Sources (Uses):
Transfers In:
Capital Projects Fund - - 597,699 -
Transfers Out:
Capital Projects Fund - (23,512) - -
Total Other Financing Sources (Uses)- (23,512) 597,699 -
Net Change in Fund Balances 76,353 286,870 325,133 103,044
Fund Balances, Beginning of Year 301,421 722,014 1,303,307 109,238
Fund Balances, End of year 377,774$ 1,008,884$ 1,628,440$ 212,282$
Special Revenue Funds
66
Disposable Total
Paper Bag Nonmajor
Fee Governmental
Fund Funds
-$ 1,122,696$
- 129,984
- 21,235
- 525,507
72,317 188,217
72,317 1,987,639
11,459 1,180,180
- 26,940
- 160,924
- 341,524
11,459 1,709,568
60,858 278,071
- 597,699
- (23,512)
- 574,187
60,858 852,258
107,151 2,543,131
168,009$ 3,395,389$
67
TOWN OF AVON, COLORADO
COMMUNITY ENHANCEMENT FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL (BUDGETARY BASIS)
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual Positive
Original Final Amounts (Negative)
Revenues
Other Revenues 80,000$ 80,000$ 87,665$ 7,665$
Total Revenues 80,000 80,000 87,665 7,665
Expenditures
Current:
Public Works and Utilities 16,000 20,000 11,312 8,688
Total Expenditures 16,000 20,000 11,312 8,688
Excess (Deficiency) of Revenues
Over (Under) Expenditures 64,000 60,000 76,353 16,353
Other Financing Sources (Uses)
Transfers Out:
Capital Projects Fund (120,000) - - -
Net Change in Fund Balances (56,000) 60,000 76,353 16,353
Fund Balances, Beginning of Year 298,973 301,421 301,421 -
Fund Balances, End of year 242,973$ 361,421$ 377,774$ 16,353$
Budgeted Amounts
68
TOWN OF AVON, COLORADO
WATER FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
(BUDGETARY BASIS) - BUDGET AND ACTUAL
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual Positive
Original Final Amounts (Negative)
Revenues
Charges for Services:
Water Surcharges 160,000$ 160,000$ 168,353$ 8,353$
Tap Fees 40,000 40,000 291,641 251,641
Total Charges for Services 200,000 200,000 459,994 259,994
Total Revenues 200,000 200,000 459,994 259,994
Expenditures
Current:
Public Works and Utilities 114,808 144,808 149,612 (4,804)
Total Expenditures 114,808 144,808 149,612 (4,804)
Excess (Deficiency) of Revenues
Over (Under) Expenditures 85,192 55,192 310,382 255,190
Other Financing Sources (Uses)
Transfers Out:
Capital Projects Fund (62,500) (62,500) (23,512) 38,988
Net Change in Fund Balances 22,692 (7,308) 286,870 294,178
Fund Balances, Beginning of Year 707,301 722,014 722,014 -
Fund Balances, End of year 729,993$ 714,706$ 1,008,884$ 294,178$
Budgeted Amounts
69
TOWN OF AVON, COLORADO
COMMUNITY HOUSING FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL (BUDGETARY BASIS)
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual Positive
Original Final Amounts (Negative)
Revenues
Taxes:
Short-term Rental Tax 750,000$ 1,000,000$ 1,122,696$ 122,696$
Intergovernmental:
State Grants - 25,000 21,235 (3,765)
Charges for Services:
Rental Revenues - Employees 49,068 49,068 65,513 16,445
Other Revenues:
Bond Issuance Fee 9,000 9,000 28,235 19,235
Total Revenues 808,068 1,083,068 1,237,679 154,611
Expenditures
Current:
General Government 1,200,000 1,442,569 1,168,721 273,848
Capital Improvements - 368,740 341,524 27,216
Total Expenditures 1,200,000 1,811,309 1,510,245 301,064
Excess (Deficiency) of Revenues
Over (Under) Expenditures (391,932) (728,241) (272,566) 455,675
Other Financing Sources (Uses)
Transfers In:
Capital Projects Fund 597,699 597,699 597,699 -
Net Change in Fund Balances 205,767 (130,542) 325,133 455,675
Fund Balances, Beginning of Year 924,876 1,303,307 1,303,307 -
Fund Balances, End of year 1,130,643$ 1,172,765$ 1,628,440$ 455,675$
Budgeted Amounts
70
TOWN OF AVON, COLORADO
EXTERIOR ENERGY OFFSET FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL (BUDGETARY BASIS)
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual Positive
Original Final Amounts (Negative)
Revenues
Licenses and Permits:
Exterior Energy Offset Fee 5,000$ 129,984$ 129,984$ -$
Total Revenues 5,000 129,984 129,984 -
Expenditures
Current:
Community Development 13,000 41,000 26,940 14,060
Total Expenditures 13,000 41,000 26,940 14,060
Net Change in Fund Balances (8,000) 88,984 103,044 14,060
Fund Balances, Beginning of Year 104,804 109,238 109,238 -
Fund Balances, End of year 96,804$ 198,222$ 212,282$ 14,060$
Budgeted Amounts
71
TOWN OF AVON, COLORADO
DISPOSABLE PAPER BAG FEE FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL (BUDGETARY BASIS)
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual Positive
Original Final Amounts (Negative)
Revenues
Other Revenues:
Disposable Paper Bag Fee 44,000$ 55,000$ 72,317$ 17,317$
Total Revenues 44,000 55,000 72,317 17,317
Expenditures
Current:
General Government 60,000 60,000 11,459 48,541
Total Expenditures 60,000 60,000 11,459 48,541
Net Change in Fund Balances (16,000) (5,000) 60,858 65,858
Fund Balances, Beginning of Year 78,130 107,151 107,151 -
Fund Balances, End of year 62,130$ 102,151$ 168,009$ 65,858$
Budgeted Amounts
72
TOWN OF AVON, COLORADO
DEBT SERVICE FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL (BUDGETARY BASIS)
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual Positive
Original Final Amounts (Negative)
Revenues
Investment Earnings -$ -$ 904$ 904$
Other Revenues - - - -
Total Revenues - - 904 904
Expenditures
Debt Service:
Principal 715,000$ 715,000$ 715,000$ -$
Interest 238,558 238,558 238,557 1
Fiscal Charges 6,150 7,650 7,546 104
Total Expenditures 959,708 961,208 961,103 105
Excess (Deficiency) of Revenues
Over (Under) Expenditures (959,708) (961,208) (960,199) 1,009
Other Financing Sources (Uses)
Transfers In:
Capital Projects Fund 959,708 959,708 959,708 -
Net Change in Fund Balances - (1,500) (491) 1,009
Fund Balances, Beginning of Year 36,433 36,433 36,433 -
Fund Balances, End of year 36,433$ 34,933$ 35,942$ 1,009$
Budgeted Amounts
73
TOWN OF AVON, COLORADO
CAPITAL PROJECTS FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL (BUDGETARY BASIS)
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance withFinal Budget - Actual Positive
Original Final Amounts (Negative)RevenuesTaxes:
Real Estate Transfer Tax 3,300,000$ 6,000,000$ 5,971,192$ (28,808)$ Intergovernmental 70,000 170,000 45,000 (125,000) Investment Earnings 25,000 100,000 (15,545) (115,545) Other Revenues - 250,000 249,212 (788)
Total Revenues 3,395,000 6,520,000 6,249,859 (270,141)
Expenditures
Capital Projects: Facilities 1,585,000 3,602,760 2,117,461 1,485,299 Land and Land Improvements 1,777,000 2,274,875 1,465,506 809,369
Roads and Streets 1,890,000 1,869,589 848,579 1,021,010 Utility Projects 187,500 606,042 253,688 352,354 Planning and Consulting 100,000 100,000 31,544 68,456 Communications and Technology 145,939 359,993 95,638 264,355 Debt Service:
Capital Leases 81,999 55,720 55,720 -
Total Expenditures 5,767,438 8,868,979 4,868,136 4,000,843
Excess (Deficiency) of Revenues Over (Under) Expenditures (2,372,438) (2,348,979) 1,381,723 3,730,702
Other Financing Sources (Uses)Transfers In:
General Fund - 535,000 535,000 - Avon Urban Renewal Fund 1,000,000 1,000,000 1,000,000 - Water Fund 62,500 62,500 23,512 (38,988) Community Enhancement Fund 120,000 - - - Equipment Replacement Fund - 11,576 11,576 -
Transfers Out: General Fund (494,593) (494,593) (494,593) - Community Housing Fund (597,699) (597,699) (597,699) -
Debt Service Fund (959,708) (959,708) (959,708) - Mobility Fund - (400,000) (400,000) - Fleet Maintenance Fund (195,357) (195,357) (195,357) -
Total Other Financing Sources (Uses)(1,064,857) (1,038,281) (1,077,269) (38,988)
Net Change in Fund Balances (3,437,295) (3,387,260) 304,454 3,691,714
Fund Balances, Beginning of Year 9,758,398 13,714,320 13,714,320 -
Fund Balances, End of Year 6,321,103$ 10,327,060$ 14,018,774$ 3,691,714$
Budgeted Amounts
74
ENTERPRISE FUNDS
Enterprise funds are used to account for operations that are financed and operated in a manner similar to private business enterprises – where the intent of the Town Council is
that the costs of providing goods or services to the general public on a continuing basis be
financed or recovered through user charges: or where the Town Council has decided that periodic determination of net income is appropriate for accountability purposes. Mobility Fund – This fund is used to account for the activities involved in operating the
Town’s transportation system.
Fleet Maintenance Fund – This fund is used to account for the accumulation and allocation of costs associated with the maintenance of vehicles and rolling stock for the Town and certain other third-party governmental entities.
75
TOWN OF AVON, COLORADO
MOBILITY FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL (BUDGETARY BASIS)
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual Positive
Original Final Amounts (Negative)
Revenues:
Taxes 46,004$ 46,004$ 46,707$ 703$
Intergovernmental 2,802,907 1,942,000 2,008,389 66,389
Charges for Services 266,625 269,625 223,064 (46,561)
Other Revenue 151,489 191,617 184,037 (7,580)
Total Revenues 3,267,025 2,449,246 2,462,197 12,951
Expenditures:
Administration 339,933 345,064 279,197 65,867
Operations 4,475,837 3,534,216 3,399,773 134,443
Wash Bay 192,336 192,996 159,159 33,837
Mobility Programs 546,472 527,295 490,893 36,402
Total Expenditures 5,554,578 4,599,571 4,329,022 270,549
Excess (Deficiency) of Revenues
Over (Under) Expenditures (2,287,553) (2,150,325) (1,866,825) 283,500
Other Financing Sources (Uses):
Transfers In:
General Fund 1,300,000 1,300,000 1,300,000 -
Capital Projects Fund - 400,000 400,000 -
Total Other Financing Sources (Uses)1,300,000 1,700,000 1,700,000 -
Net Change in Fund Balances (987,553) (450,325) (166,825) 283,500
Fund Balances, Beginning of Year 1,376,640 1,549,195 1,549,195 -
Fund Balances, End of Year 389,087$ 1,098,870$ 1,382,370$ 283,500$
Fund Balances at December 31, 2022, is computed as follows:
Current Assets 1,556,307$
Less: Current Liabilities and Deferred Inflows of Resources (212,006)
Add: Current Portion of Capital Leases Payable 38,069
Fund Balances - December 31, 2022 1,382,370$
Budgeted Amounts
76
RECONCILIATION OF NET CHANGE IN FUND BALANCES (BUDGETARY BASIS)
TO CHANGE IN NET POSITION (GAAP BASIS)
Net Change in Fund Balances (Budgetary Basis)(166,825)$
Adjustments to Reconcile Budgetary
Basis to GAAP Basis
Principal Paid on Capital Leases 36,811
Capitization of Capital Assets 2,446,192
Depreciation (598,939)
Total Adjustments 1,884,064
Change in Net Position (GAAP Basis)1,717,239$
77
TOWN OF AVON, COLORADO
FLEET MAINTENANCE FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL (BUDGETARY BASIS)
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual PositiveOriginalFinalAmounts(Negative)Revenues:
Charges for Services:
Third-party Fleet Maintenance Charges 618,545$ 843,195$ 855,492$ 12,297$ Departmental Fleet Maintenance Services 639,384 651,330 634,755 (16,575) Fuel Mark-up 35,000 20,000 66,178 46,178
Other Revenues - 1,890 25,991 24,101
Total Revenues 1,292,929 1,516,415 1,582,416 66,001
Expenditures:
Fleet Maintenance 1,733,702 1,989,187 1,972,059 17,128
Total Expenditures 1,733,702 1,989,187 1,972,059 17,128
Excess (Deficiency) of Revenues
Over (Under) Expenditures (440,773) (472,772) (389,643) 83,129
Other Financing Sources (Uses):
Transfers In:
General Fund 300,000 300,000 300,000 - Capital Projects Fund 195,357 195,357 195,357 -
Total Other Financing Sources (Uses)495,357 495,357 495,357 -
Net Change in Fund Balances 54,584 22,585 105,714 83,129
Fund Balances, Beginning of Year 236,671 406,486 406,486 -
Fund Balances, End of Year 291,255$ 429,071$ 512,200$ 83,129$
Fund Balances at December 31, 2022, is computed as follows:
Current Assets 801,477$ Less: Current Liabilities (468,277)
Add: Current Portion of Certificates of Participation 179,000
Fund Balances - December 31, 2022 512,200$
Budgeted Amounts
78
RECONCILIATION OF NET CHANGE IN FUND BALANCES (BUDGETARY BASIS)TO CHANGE IN NET POSITION (GAAP BASIS)
Net Change in Fund Balances (Budgetary Basis)105,714$
Adjustments to Reconcile Budgetary
Basis to GAAP Basis
Principal Paid on Certificates of Participation 175,000 Capitization of Capital Assets 87,993 Amortization of Deferred Charge on Refunding of Debt (1,693)
Depreciation (139,235)
Total Adjustments 122,065
Change in Net Position (GAAP Basis)227,779$
79
INTERNAL SERVICE FUNDS
Internal service funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the Town and to other
government units, on a cost reimbursement basis.
Equipment Replacement Fund – This fund is used to account for the rental of certain vehicles and equipment to other departments for the accumulation of funds for future replacement.
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81
TOWN OF AVON, COLORADO
EQUIPMENT REPLACEMENT FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL (BUDGETARY BASIS)
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance withFinal Budget - Actual Positive
Original Final Amounts (Negative)Revenues:Charges for Services:
Equipment Replacement Charges 1,131,958$ 1,131,958$ 1,131,958$ -$ Investment Earnings - 30,000 36,967 6,967 Other Revenues - 28,406 28,407 1
Total Revenues 1,131,958 1,190,364 1,197,332 6,968
Expenditures:Capital Outlay:
Fleet and Heavy Equipment 414,862 231,042 231,042 - Recreation Center Equipment & Improvements 37,399 34,251 19,256 14,995 Computer and Office Equipment 214,109 256,245 234,336 21,909 Machinery and Equipment 11,980 11,980 - 11,980
Heat Recovery 175,000 87,500 - 87,500
Total Expenditures 853,350 621,018 484,634 136,384
Excess (Deficiency) of Revenues Over (Under) Expenditures 278,608 569,346 712,698 143,352
Other Financing Sources (Uses):Transfers Out: Capital Projects Fund - (11,576) (11,576) -
Sales of Capital Assets 75,000 75,000 84,467 9,467
Total Other Financing Sources (Uses)75,000 63,424 72,891 9,467
Net Change in Fund Balances 353,608 632,770 785,589 152,819
Fund Balances, Beginning of Year 3,156,791 3,472,095 3,472,095 -
Fund Balances, End of Year 3,510,399$ 4,104,865$ 4,257,684$ 152,819$
Fund Balances at December 31, 2022, is computed as follows:
Current Assets 4,275,251$
Less: Current Liabilities (70,758) Add: Current Portion of Capital Leases Payable 53,191
Fund Balances - December 31, 2022 4,257,684$
Budgeted Amounts
82
RECONCILIATION OF NET CHANGE IN FUND BALANCES (BUDGETARY BASIS)TO CHANGE IN NET POSITION (GAAP BASIS)
Net Change in Fund Balances (Budgetary Basis)785,589$
Basis to GAAP Basis
Capitalization of Capital Assets 478,831 Book Value of Capital Assets Disposed (33,311)
Transfers In of Non-financial Resources 580,811 Transfers Out of Non-financial Resources - Depreciation (659,597)
Total Adjustments 366,734
Change in Net Position (GAAP Basis)1,152,323$
83
MISCELLANEOUS SCHEDULES
84
TOWN OF AVON, COLORADO
DEBT SCHEDULE
DECEMBER 31, 2022
Date Interest Maturity Amount Amount
Purpose Issued Rate Date Issued Outstanding Principal Interest
Revenue Bonds:
Series 2017, Avon URA Tax Increment
Revenue Bonds 1/5/17 2.90%12/1/31 3,000,000$ 1,949,299$ 192,175$ 55,908$
Series 2020, Avon URA Tax Increment
Revenue Loan 5/1/20 2.11%12/1/28 4,111,000 2,794,000 442,000 58,953
Total Revenue Bonds 7,111,000 4,743,299 634,175 114,861
Certificates of Participation:
Series 2014B, Certificates of Participation 1/14/15 3.03%12/1/29 3,800,000 1,980,000 260,000 59,994
Series 2016, Certificates of Participation 8/2/16 2.00%-4.00%12/1/35 6,300,000 4,685,000 300,000 145,175
Series 2020, Refunding Certificates
of Participation 9/2/20 1.23%12/1/30 3,983,000 2,929,000 353,000 36,027
Total Certificates of Participation 14,083,000 9,594,000 913,000 241,196
Capital Lease Obligations
Master Lease-Purchase, Clayton Holdings 10/5/17 2.35%11/27/24 355,818 107,632 53,191 2,529
Master Lease-Purchase, Clayton Holdings 8/24/18 3.39%8/24/25 258,258 118,157 38,069 3,686
Total Capital Lease Obligations 614,076 225,789 91,260 6,215
Total Long-term Debt 21,808,076$ 14,563,088$ 1,638,435$ 362,272$
Payments Due
Schedule of Indebtedness In 2023
85
TOWN OF AVON, COLORADO
DETAILED SCHEDULE OF GENERAL FUND EXPENDITURES
(BUDGETARY BASIS) - BUDGET AND ACTUALFOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual Positive
Description Original Final Amounts (Negative)
General Government:
Mayor and Town Council 306,106$ 317,529$ 285,730$ 31,799$
Town Attorney 245,000 245,000 157,152 87,848
Town Clerk 144,770 145,660 32,795 112,865
Municipal Court 198,721 199,660 197,996 1,664
Administrative Services 615,576 777,334 693,984 83,350
Human Resources 712,897 724,523 736,673 (12,150)
Community Relations 321,996 327,295 265,490 61,805
Economic Development 200,998 205,998 159,981 46,017
Special Events 1,089,617 1,140,939 1,005,914 135,025
Community Grants 99,250 99,250 96,950 2,300
Sustainability - 5,300 48 5,252
Subtotal General Government 3,934,931 4,188,488 3,632,713 555,775
Finance and Information Technology:
Finance 1,009,195 1,084,528 996,007 88,521
Information Systems 577,324 589,564 519,605 69,959
Nondepartmental 422,848 421,230 422,653 (1,423)
Subtotal Finance and Administration 2,009,367 2,095,322 1,938,265 157,057
Total General Government, Finance
and Administraion 5,944,298 6,283,810 5,570,978 712,832
Community Development:
Boards and Commissions 17,468 17,600 11,220 6,380
Planning 448,428 458,596 389,985 68,611
Building Inspection 237,558 255,295 225,149 30,146
Total Community Development 703,454 731,491 626,354 105,137
Public Safety: Police
Administration 964,551 972,520 934,392 38,128
Patrol 3,546,465 3,601,829 3,789,079 (187,250)
Investigations 323,485 326,780 321,354 5,426
Total Public Safety 4,834,501 4,901,129 5,044,825 (143,696)
Budgeted Amounts
86
Variance with
Final Budget -
Actual Positive
Description Original Final Amounts (Negative)
Public Works
Administration -$ 27,188$ 10,467$ 16,721$
Engineering 542,050 460,460 426,382 34,078
Roads and Bridges 3,823,758 3,417,979 2,977,882 440,097
Parks and Grounds 784,228 978,876 821,735 157,141
Buildings and Facilities 1,869,885 1,860,145 1,687,480 172,665
Total Public Works 7,019,921 6,744,648 5,923,946 820,702
Recreation:
Administration 272,008 271,966 268,914 3,052
Adult Programs 24,054 24,197 28,379 (4,182)
Aquatics 722,216 742,345 629,877 112,468
Fitness 226,870 229,270 234,814 (5,544)
Guest Services 418,366 466,275 515,780 (49,505)
Youth Programs 239,123 232,376 136,042 96,334
Community Swim Program 194,981 199,686 204,704 (5,018)
Total Recreation 2,097,618 2,166,115 2,018,510 147,605
TOTAL EXPENDITURES 20,599,792$ 20,827,193$ 19,184,613$ 1,642,580$
Budgeted Amounts
87
TOWN OF AVON, COLORADO
DETAILED SCHEDULE OF GENERAL FUND REVENUES
(BUDGETARY BASIS) - BUDGET AND ACTUAL
FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Final Budget -
Actual Positive
Description Original Final Amounts (Negative)
Taxes:
General Property Tax 2,103,515$ 2,103,515$ 2,107,961$ 4,446$
General Property Tax - Delinquent Collections 500 500 8 (492)
General Property Tax - Interest and Penalties 1,500 1,925 2,391 466
General Property Tax - Abatements - (913) (913) -
Specific Ownership Tax 130,000 130,000 130,201 201
Sales Tax 11,810,245 12,730,885 13,186,931 456,046
Utility Tax 120,000 120,000 139,370 19,370
Accommodations Tax 2,268,969 2,671,268 2,494,535 (176,733)
Penalties and Interest 50,000 35,000 59,338 24,338
Sales Tax Audit Assessments 100,000 10,000 4,918 (5,082)
VAA Retail Sales Fee 900,000 925,000 991,380 66,380
Cigarette Excise Tax 255,000 245,000 247,799 2,799
Tobacco Tax 300,000 330,000 348,917 18,917
Franchise Fees 430,000 440,000 487,722 47,722
Total Taxes 18,469,729 19,742,180 20,200,558 458,378
Licenses and Permits:
Liquor Licenses 8,300 8,300 6,130 (2,170)
Business Licenses 95,000 95,000 177,400 82,400
Contractor's Licenses 18,625 18,625 21,270 2,645
Tobacco / Cigarette Retailers License 1,750 1,750 1,250 (500)
Booting/Towing Licenses 600 600 300 (300)
Building Permits 190,000 1,136,275 1,234,979 98,704
Road Cut Permits 5,700 45,000 64,892 19,892
Mobile Vendor Cart Permits 350 350 175 (175)
Total Licenses and Permits 320,325 1,305,900 1,506,396 200,496
Intergovernmental:
Federal:
Click It or Ticket 3,000 3,000 - (3,000)
Bulletproof Vest Partnership Program 2,000 2,000 2,135 135
State:
LEAF Grant - 12,149 12,149 -
High Visibility Grants 20,000 20,000 19,820 (180)
Colorado POST Grants 20,000 37,626 34,397 (3,229)
DOLA Grants - - 15,167 15,167
Other State Grants - 65,289 78,841 13,552
Local Government/Other Agency
Other Local Grants - - 1,307 1,307
Budgeted Amounts
88
Variance with
Final Budget -
Actual Positive
Description Original Final Amounts (Negative)
Intergovernmental:
State/County Shared Revenue:
Conservation Trust 70,000$ 80,000$ 78,579$ (1,421)$
Motor Vehicle Registration 24,800 26,000 26,063 63
Highway User's Tax 190,530 190,530 197,952 7,422
County Sales Tax 590,000 725,000 712,987 (12,013)
Road & Bridge Fund 165,000 151,903 155,135 3,232
State Severance Tax 750 2,400 2,407 7
Total Intergovernmental 1,086,080 1,315,897 1,336,939 21,042
Charges for Services:
General Government:
Photocopying Charges 100 100 - (100)
License Hearing Fees 100 100 - (100)
Other Fees and Charges 3,500 3,500 1,035 (2,465)
Credit Card and Paper Filing Fees 2,500 2,500 3,499 999
Community Development:
Plan Check Fees 120,000 734,796 796,625 61,829
Design Review Fees 15,000 15,000 20,355 5,355
Animal Control Fees 150 150 - (150)
Impact Fee Administrative Fees 1,500 1,500 10,428 8,928
Public Safety:
Police Reports 1,000 1,000 798 (202)
Off-duty Police Employment 25,000 25,000 16,911 (8,089)
Fingerprinting Fees 500 500 930 430
VIN Inspection Fees 2,000 2,000 1,695 (305)
False Alarm Fees 75 75 25 (50)
National Night Out 1,500 - - -
DUI Reimbursement 15,000 15,000 9,620 (5,380)
Avon Recreation Center:
Admission Fees 750,000 1,053,167 1,159,000 105,833
Program Fees 18,000 18,000 23,638 5,638
Facility Rentals 3,000 3,000 18,904 15,904
Merchandise Sales 4,596 4,596 6,012 1,416
Other Recreation Center Services 5,004 5,004 8,802 3,798
Fitness Program Revenues 30,000 30,000 46,093 16,093
Swim Team Revenue 77,593 77,593 47,877 (29,716)
Private Lessons 37,500 37,500 14,943 (22,557)
Budgeted Amounts
89
TOWN OF AVON, COLORADO
DETAILED SCHEDULE OF GENERAL FUND REVENUES
(BUDGETARY BASIS) - BUDGET AND ACTUAL
FOR THE YEAR ENDED DECEMBER 31, 2022 (CONTINUED)
Variance with
Final Budget -
Actual Positive
Description Original Final Amounts (Negative)
Charges for Services:
General Recreation:
Adult Program Revenues 5,500$ 5,500$ 10,950$ 5,450$
Cabin Equipment Rentals 60,000 60,000 35,976 (24,024)
Athletic Field Rentals 2,000 2,000 500 (1,500)
Cabin Concessions 700 700 - (700)
Youth Program Revenues 160,000 125,000 129,331 4,331
Special Events:
Concession Sales 49,375 49,375 65,092 15,717
Sponsorships 16,000 - - -
Event Fees 8,600 14,000 13,780 (220)
Special Event Admission Fees 5,700 4,869 2,637 (2,232)
Pavillion Rentals 2,000 2,000 4,020 2,020
Total Charges for Services 1,423,493 2,293,525 2,449,476 155,951
Fines and Forfeitures:
Court Fines - Traffic 23,000 23,000 21,531 (1,469)
Court Fines - Criminal 6,500 6,500 1,980 (4,520)
Court Fines - Parking 3,000 3,000 2,520 (480)
Court Costs 3,000 3,000 550 (2,450)
Jury Fees 100 100 - (100)
Bond Forfeitures 100 100 - (100)
Police Training Surcharge 3,000 3,000 1,610 (1,390)
Total Fines and Forfeitures 38,700 38,700 28,191 (10,509)
Investment Earnings 75,000 150,000 429,856 279,856
Miscellaneous Revenues:
Recreational Amenity Fees 320,000 330,000 335,325 5,325
Lease of Town-owned Property 58,500 3,500 4,617 1,117
Miscellaneous Nonclassified Revenues 125,000 125,000 143,294 18,294
Total Miscellaneous Revenues 503,500 458,500 483,236 24,736
TOTAL REVENUES 21,916,827$ 25,304,702$ 26,434,652$ 1,129,950$
Budgeted Amounts
90
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91
TOWN OF AVON, COLORADO
SCHEDULE OF CAPITAL PROJECT FUND PROJECT EXPENDITURES
(BUDGETARY BASIS) - BUDGET AND ACTUALFROM INCEPTION AND FOR THE YEAR ENDED DECEMBER 31, 2022
Variance with
Total Budget -
Prior Current Project Positive
Project Description Years Year Total Budget (Negative)
CAPITAL IMPROVEMENT PROJECTSFacilities:
General Government Facilities:
Utility Upgrades 450,733$ 32,945$ 483,678$ 470,845$ (12,833)$
New Town Hall 2nd & 3rd Floor Updates 36,758 53,750 90,508 130,000 39,492
Nottingham Park East Improvements 58,556 261,311 319,867 2,850,000 2,530,133
Office Furniture 27,184 68,435 95,619 153,184 57,565
Town Hall Front Entry ADA Access - 13,225 13,225 25,000 11,775
511 Metcalf Road #G20 - 537,519 537,519 535,000 (2,519)
Public Safety Facilities:
PSF Parking Lot Canopy Design 14,153 5,847 20,000 20,000 -
Wildridge Emergency Warning Siren 28,436 194,984 223,420 356,436 133,016
Public Works Facilities:
Public Works Facilities Expansion Planning - 14,774 14,774 600,000 585,226
Fleet and Transportation Facilities:
Fleet Maintenance EPDM Roof Replacement 10,500 - 10,500 460,000 449,500
Bus Shelters - 436,350 436,350 462,500 26,150
ARTF Roof Improvements / Snow - 44,860 44,860 50,000 5,140
ARTF Roof Repair - 75,701 75,701 90,000 14,299
Cultural and Recreational Facilities:
Pavilion Deck Railing and Floor Replacement 397,153 18,161 415,314 425,600 10,286
Recreation Center Locker Replacement 303,412 27,027 330,439 330,439 -
Recreation Center HVAC Upgrade 7,500 44,945 52,445 250,000 197,555
Recreation Center ADA Parking 865 19,135 20,000 20,865 865
Recreation Center Pool Replastering 202,980 1,160 204,140 205,000 860
Water Slide Repair and Diving Board Replace.- 33,070 33,070 45,788 12,718
Sauna / Steamroom Remodel - 7,867 7,867 75,000 67,133
Other Facilities
EV Charging Stations - 226,395 226,395 257,500 31,105
Land and Land Improvements:
Nottingham Park West Courts Reconstruction 24,853 1,384,494 1,409,347 1,432,523 23,176
Wildland Fire Mitigation - 40,000 40,000 40,000 -
Powerline Undergrounding 333 1,200 1,533 120,000 118,467
North Restrooms - Nottingham Lake Beach 19,942 39,812 59,754 540,000 480,246
Actual Amounts
92
Variance with
Total Budget -
Prior Current Project Positive
Project Description Years Year Total Budget (Negative)
CAPITAL IMPROVEMENT PROJECTSRoads and Streets:
Streetscape Improvements:
Mall Activation Elements 16,701$ 9,878$ 26,579$ 40,000$ 13,421$
Avon Rd. / I70 Overpass Aesthetics Imp.908,093 227,576 1,135,669 1,150,000 14,331
Street Maintenance and Repair:
Retaining Wall Repairs - Nottingham and Swift G 6,179 1,263 7,442 200,000 192,558
Avon Road Safety Improvements - 69,196 69,196 150,000 80,804
Hurd Lane Intersection Improvements 7,030 2,927 9,957 20,000 10,043
West B/C Blvd. - US Hwy 6 to Avon Elem.- 29,470 29,470 860,000 830,530
Buck Creek Repairs 580,467 2,518 582,985 800,000 217,015
Fawcett Rd. Asphalt Overlay - 25,456 25,456 440,000 414,544
Metcalf Rd. Culvert Repair 41,610 2,210 43,820 450,000 406,180
Metcalf Rd. Manhole Repair - 15,055 15,055 14,000 (1,055)
Millie's Lane Asphalt overlay - 42,653 42,653 46,523 3,870
East B/C Blvd. Repair Project - 28,806 28,806 28,806 -
Annual Guardrail Repair 7,035 6,230 13,265 40,000 26,735
Multi-Modal/Alternative Mobility:
US Hwy 6 & Stonebridge Rd. Roundabout - 369,712 369,712 4,600,000 4,230,288
June Creek Emergency Access 7,127 1,791 8,918 110,000 101,082
Recreational Trails Program:
Lee's Way Trail Rebuild - 600 600 50,000 49,400
Recreation Trail Path Reconstruction - 13,238 13,238 866,000 852,762
Water Projects:
Nottingham Rd. Debris Flow Study and Imp.376,140 178,000 554,140 600,810 46,670
GIS Implementation - Drainage Infrastructure La - 52,176 52,176 225,000 172,824
Nottingham-Puder Ditch Piping - 23,512 23,512 818,750 795,238
Planning and Consulting:
Schematic Design / Final Design - West Main St.- 31,544 31,544 275,000 243,456
Communications and Technology:
Finance/Comm Dev. ERP System 165,055 22,820 187,875 275,290 87,415
Mini-split NTH Data Center - 12,070 12,070 20,000 7,930
Microsoft Teams Phone System Migration - 38,547 38,547 64,413 25,866
Surveillance NVR Server Consolidation - 22,201 22,201 32,000 9,799
Total Capital Improvement Projects 3,698,795$ 4,812,416$ 8,511,211$ 22,122,272$ 13,611,061$
Actual Amounts
93
Form Approved
The public report burden for this information collection is estimated to average 380 hours annually. OMB No. 2125-0032City or County:Avon
YEAR ENDING :December 2022This Information From The Records Of (example - City of _ or County of _)Prepared By: Joel McCrackenPhone:970.748.4019
A. Local B. Local C. Receipts from D. Receipts from Motor-Fuel Motor-Vehicle State Highway-Federal HighwayTaxesTaxesUser Taxes Administration1. Total receipts available2. Minus amount used for collection expenses3. Minus amount used for nonhighway purposes4. Minus amount used for mass transit5. Remainder used for highway purposes
AMOUNT AMOUNTA. Receipts from local sources:A. Local highway disbursements: 1. Local highway-user taxes 1. Capital outlay (from page 2) a. Motor Fuel (from Item I.A.5.) 2. Maintenance:2,697,807 b. Motor Vehicle (from Item I.B.5.) 3. Road and street services: c. Total (a.+b.) a. Traffic control operations 102,519 2. General fund appropriations 3,489,398 b. Snow and ice removal 853,593 3. Other local imposts (from page 2)130,201 c. Other 0 4. Miscellaneous local receipts (from page 2)676,037 d. Total (a. through c.)956,112 5. Transfers from toll facilities 4. General administration & miscellaneous 0 6. Proceeds of sale of bonds and notes: 5. Highway law enforcement and safety 548,163 a. Bonds - Original Issues 6. Total (1 through 5)4,202,082 b. Bonds - Refunding Issues B. Debt service on local obligations: c. Notes 1. Bonds: d. Total (a. + b. + c.)0 a. Interest 67,569 7. Total (1 through 6)4,295,636 b. Redemption 250,000B. Private Contributions c. Total (a. + b.)317,569C. Receipts from State government 2. Notes: (from page 2)224,015 a. InterestD. Receipts from Federal Government b. Redemption (from page 2)0 c. Total (a. + b.)0E. Total receipts (A.7 + B + C + D)4,519,651 3. Total (1.c + 2.c)317,569C. Payments to State for highwaysD. Payments to toll facilitiesE. Total disbursements (A.6 + B.3 + C + D)4,519,651
Opening Debt Amount Issued Redemptions Closing DebtA. Bonds (Total)2,230,000 250,000 1,980,000 1. Bonds (Refunding Portion)B. Notes (Total)0
A. Beginning Balance B. Total Receipts C. Total Disbursements D. Ending Balance E. Reconciliation4,519,651 4,519,651 0Notes and Comments:
FORM FHWA-536 (Rev.06/2000) PREVIOUS EDITIONS OBSOLETE Excel (Next Page)
ITEM ITEM
IV. LOCAL HIGHWAY DEBT STATUS(Show all entries at par)
V. LOCAL ROAD AND STREET FUND BALANCE
AND STREET PURPOSES
LOCAL HIGHWAY FINANCE REPORT
I. DISPOSITION OF HIGHWAY-USER REVENUES AVAILABLE FOR LOCAL GOVERNMENT EXPENDITURE
ITEM
II. RECEIPTS FOR ROAD AND STREET PURPOSES III. DISBURSEMENTS FOR ROAD
2022 Local Highway Finance Report (Completed 5.19.2023).xlsx
94
STATE:ColoradoYEAR ENDING (mm/yy):December 2022
AMOUNT AMOUNTA.3. Other local imposts:A.4. Miscellaneous local receipts: a. Property Taxes and Assessments a. Interest on investments b. Other local imposts: b. Traffic Fines & Penalities 1. Sales Taxes c. Parking Garage Fees 2. Infrastructure & Impact Fees d. Parking Meter Fees 3. Liens e. Sale of Surplus Property 4. Licenses f. Charges for Services 5. Specific Ownership &/or Other 130,201 g. Other Misc. Receipts 6. Total (1. through 5.)130,201 h. Other CIP 676,037 c. Total (a. + b.)130,201 i. Total (a. through h.)676,037
(Carry forward to page 1) (Carry forward to page 1)
AMOUNT AMOUNTC. Receipts from State Government D. Receipts from Federal Government 1. Highway-user taxes 197,952 1. FHWA (from Item I.D.5.) 2. State general funds 2. Other Federal agencies: 3. Other State funds: a. Forest Service a. State bond proceeds b. FEMA b. Project Match c. HUD c. Motor Vehicle Registrations 26,063 d. Federal Transit Admin d. Other (Specify) - DOLA Grant e. U.S. Corps of Engineers e. Other (Specify) f. Other Federal f. Total (a. through e.)26,063 g. Total (a. through f.)0 4. Total (1. + 2. + 3.f)224,015 3. Total (1. + 2.g)
(Carry forward to page 1)
ON NATIONAL OFF NATIONALHIGHWAYHIGHWAY TOTALSYSTEMSYSTEM(a)(b)(c)A.1. Capital outlay: a. Right-Of-Way Costs 0 b. Engineering Costs 0 c. Construction: (1). New Facilities 0 (2). Capacity Improvements 0 (3). System Preservation 0 (4). System Enhancement & Operation 0 (5). Total Construction (1) + (2) + (3) + (4)0 0 0 d. Total Capital Outlay (Lines 1.a. + 1.b. + 1.c.5)0 0 0(Carry forward to page 1) Notes and Comments:
FORM FHWA-536
III. DISBURSEMENTS FOR ROAD AND STREET PURPOSES - DETAIL
LOCAL HIGHWAY FINANCE REPORT
II. RECEIPTS FOR ROAD AND STREET PURPOSES - DETAIL
ITEM ITEM
ITEM ITEM
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96
STATISTICAL SECTION
This section of the Town of Avon’s comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note
disclosures, and required supplementary information says about the Town’s overall financial
health.
Financial Trends (Pages 98-106) – These schedules contain trend information to help readers understand how the Town’s financial performance and well-being have changed over time.
Revenue Capacity (Pages 107-111) – These schedules contain information to help readers understand and assess the factors affecting the Town’s ability to generate its own-source revenues, specifically property taxes.
Debt Capacity (Pages 112-115) – These schedules present information to help readers understand
and assess the Town’s debt burden and ability to issue additional debt.
Demographic and Economic Information (Pages 116-118) – These schedules offer demographic and economic information to help readers understand the environment in which the Town’s
financial activities take place and to provide information that facilitates comparisons of financial
statement information over time and among other local governments.
Operating Information (Pages 119-121) – These schedules contain service and infrastructure information to help readers understand how the information in the Town’s financial report relates
to the services the Town provides and the activities it performs.
97
TOWN OF AVON, COLORADO
NET POSITION BY COMPONENT
LAST TEN FISCAL YEARS
2013 2014 2015 2016
Governmental Activities
Net Investment in Capital Assets 34,774,531$ 64,112,399$ 60,000,945$ 58,088,785$
Restricted For:
Emergencies 476,619 598,376 552,335 664,805
Debt Service 1,139,575 1,136,228 1,157,629 1,169,163
Capital Improvements 4,635,904 3,386,451 6,198,817 5,921,087
Urban Renewal 367,082 305,379 404,048 555,167
Purposes of Grantors 2,007,140 929,226 1,106,628 142,100
Unrestricted 10,217,136 10,466,381 11,283,921 16,341,288
Total Governmental Activities Net Position 53,617,987$ 80,934,440$ 80,704,323$ 82,882,395$
Business-type Activities
Net Investment in Capital Assets 12,583,125$ 12,097,298$ 11,633,282$ 11,430,538$
Unrestricted 783,529 843,503 859,368 908,749
Total Business-type Activities Net Position 13,366,654$ 12,940,801$ 12,492,650$ 12,339,287$
Primary Government
Net Investment in Capital Assets 47,357,656$ 76,209,697$ 71,634,227$ 69,519,323$
Restricted 8,626,320 6,355,660 9,419,457 8,452,322
Unrestricted 11,000,665 11,309,884 12,143,289 17,250,037
Total Primary Government Net Position 66,984,641$ 93,875,241$ 93,196,973$ 95,221,682$
Source: Town of Avon Finance Department
Fiscal Year
98
2017 2018 2019 2020 2021 2022
56,693,531$ 60,092,867$ 60,035,630$ 59,208,071$ 60,606,346$ 64,269,372$
688,786 693,001 805,865 829,650 980,080 1,101,215
1,175,301 1,163,056 1,162,093 - - -
3,373,917 702,390 657,821 657,821 451,280 450,230
717,740 - - 22,942 95,276 177,047
192,173 267,911 691,828 886,122 1,023,435 3,015,098
20,329,098 20,540,937 22,762,477 29,333,839 34,975,834 40,410,798
83,170,546$ 83,460,162$ 86,115,714$ 90,938,445$ 98,132,251$ 109,423,760$
11,424,412$ 10,877,907$ 10,401,752$ 10,299,819$ 10,940,758$ 12,946,887$
710,428 652,622 540,075 914,845 1,955,681 1,894,570
12,134,840$ 11,530,529$ 10,941,827$ 11,214,664$ 12,896,439$ 14,841,457$
68,117,943$ 70,970,774$ 70,437,382$ 69,507,890$ 71,547,104$ 77,216,259$
6,147,917 2,826,358 3,317,607 2,396,535 2,550,071 4,743,590
21,039,526 21,193,559 23,302,552 30,248,684 36,931,515 42,305,368
95,305,386$ 94,990,691$ 97,057,541$ 102,153,109$ 111,028,690$ 124,265,217$
Fiscal Year
99
TOWN OF AVON, COLORADO
CHANGES IN NET POSITION
LAST TEN FISCAL YEARS
2013 2014 2015 2016
Expenses
Governmental Activities: General Government 2,836,303$ 3,186,870$ 3,042,126$ 3,291,190$ Community Development 365,960 463,821 1,341,706 1,202,097
Public Safety 2,551,559 2,792,174 3,039,333 3,214,680
Public Works and Utilities 4,814,364 7,179,132 8,458,218 9,656,808
Recreation and Culture 3,851,812 2,061,033 1,430,648 1,584,531
Mobility - - - -
Interest and Fiscal Charges on Long-term Debt 600,367 504,343 639,267 754,238
Total Governmental Activity Expenses 15,020,365 16,187,373 17,951,298 19,703,544
Business-type Activities:
Transportation 1,193,289 1,686,778 1,979,505 1,963,223
Fleet Maintenance 1,608,295 1,609,134 1,506,138 1,623,046
Total Business-type Activity Expenses 2,801,584 3,295,912 3,485,643 3,586,269
Total Primary Government Expenses 17,821,949$ 19,483,285$ 21,436,941$ 23,289,813$
Program RevenuesGovernmental Activities:
Charges for Services:
General Government 135,448$ 163,429$ 219,364$ 239,199$ Community Development 485,406 279,179 380,130 369,867
Public Safety 54,205 66,662 69,629 99,862
Public Works and Utilities 256,749 564,090 764,549 698,195 Recreation and Culture 1,064,314 1,092,276 1,238,395 1,334,056 Operating Grants and Contributions 39,217 52,151 11,713 104,217
Capital Grants and Contributions 7,823,132 1,027,911 61,779 1,816,456
Total Governmental Activity Program Revenues 9,858,471 3,245,698 2,745,559 4,661,852
Business-type Activities:
Charges for Services 1,450,388 1,645,083 1,670,213 1,557,439 Operating Grants and Contributions - - - - Capital Grants and Contributions 90,494 - - 100,000
Total Business-type Activity Program Revenues 1,540,882 1,645,083 1,670,213 1,657,439
Total Primary Government Program Revenues 11,399,353$ 4,890,781$ 4,415,772$ 6,319,291$
Net (Expense) RevenueGovernmental Activities (5,161,894)$ (12,941,675)$ (15,205,739)$ (15,041,692)$ Business-type Activities (1,260,702) (1,650,829) (1,815,430) (1,928,830)
Fiscal Year
100
2017 2018 2019 2020 2021 2022
3,500,101$ 3,661,274$ 5,968,157$ 5,809,422$ 6,169,567$ 6,028,279$ 1,617,329 1,454,581 557,539 513,004 536,564 658,989
3,703,871 3,983,349 4,310,801 4,466,597 4,372,460 4,792,423
9,026,700 9,448,309 8,134,954 8,245,335 8,481,110 9,094,216
1,684,492 1,978,431 2,160,389 1,814,889 1,917,182 2,196,340
- - - - 84,167 88,266
796,462 720,441 617,694 538,010 412,275 380,278
20,328,955 21,246,385 21,749,534 21,387,257 21,973,325 23,238,791
2,253,558 2,272,401 2,502,195 2,325,260 2,465,889 2,926,168
1,655,774 1,720,433 1,780,524 1,784,854 1,637,288 1,849,994
3,909,332 3,992,834 4,282,719 4,110,114 4,103,177 4,776,162
24,238,287$ 25,239,219$ 26,032,253$ 25,497,371$ 26,076,502$ 28,014,953$
294,431$ 272,153$ 280,165$ 197,989$ 333,474$ 358,198$ 396,731 395,239 843,810 421,822 604,037 2,213,641
64,275 93,646 60,017 41,786 30,031 30,279
287,151 233,982 484,271 195,682 319,428 524,886 1,519,254 1,458,802 1,385,312 744,429 1,141,324 1,587,555 84,761 75,430 89,873 826,152 104,842 182,916
31,237 491,600 815 37,206 48,128 47,135
2,677,840 3,020,852 3,144,263 2,465,066 2,581,264 4,944,610
1,482,770 1,564,465 1,644,868 1,813,132 1,656,035 1,989,517 - 75,000 245,980 646,470 1,025,745 431,912 328,000 - - - 967,643 1,576,477
1,810,770 1,639,465 1,890,848 2,459,602 3,649,423 3,997,906
4,488,610$ 4,660,317$ 5,035,111$ 4,924,668$ 6,230,687$ 8,942,516$
(17,651,115)$ (18,225,533)$ (18,605,271)$ (18,922,191)$ (19,392,061)$ (18,294,181)$ (2,098,562) (2,353,369) (2,391,871) (1,650,512) (453,754) (778,256)
Fiscal Year
101
TOWN OF AVON, COLORADO
CHANGES IN NET POSITION (CONTINUED)
LAST TEN FISCAL YEARS
2013 2014 2015 2016
General Revenues and Other Changes
in Net PositionGovernmental Activities:Taxes:
Property Taxes 3,039,132$ 2,873,055$ 2,904,509$ 3,315,020$
Real Estate Transfer Taxes 1,574,502 3,764,526 2,369,314 3,497,602
Sales and Accommodation Taxes 7,249,935 8,089,010 8,754,673 9,540,260
Other Taxes 625,756 1,197,603 1,208,352 1,389,896
Unrestricted Investment Earnings 21,296 45,844 53,161 139,665
Grants and Contributions Not Restricted to Specific Programs 864,231 883,884 482,769 513,912 Miscellaneous 408,142 500,925 529,843 558,618
Capital Contributions (10,955,776) 24,063,281 - (150,215)
Transfers (926,000) (1,160,000) (1,326,999) (1,584,994)
Total Governmental Activities 1,901,218 40,258,128 14,975,622 17,219,764
Business-type Activities:Property Taxes 40,375 40,079 40,280 40,258
Capital Contributions 10,955,776 24,897 - 150,215
Transfers 926,000 1,160,000 1,326,999 1,584,994
Total Business-type Activities 11,922,151 1,224,976 1,367,279 1,775,467
Total Primary Government 13,823,369$ 41,483,104$ 16,342,901$ 18,995,231$
Change in Net PositionGovernmental Activities (3,260,676)$ 27,316,453$ (230,117)$ 2,178,072$ Business-type Activities 10,661,449 (425,853) (448,151) (153,363)
Total Primary Government 7,400,773$ 26,890,600$ (678,268)$ 2,024,709$
Source: Town of Avon Finance Department
Fiscal Year
102
2017 2018 2019 2020 2021 2022
2,876,177$ 3,260,557$ 3,226,470$ 3,727,486$ 3,672,627$ 3,996,579$
4,411,530 3,621,125 5,001,145 5,998,950 7,354,186 5,971,192
9,437,658 10,595,905 11,438,117 11,303,195 13,820,404 16,868,418
1,385,171 641,144 990,898 996,839 2,120,037 2,345,389
178,997 398,998 549,998 288,927 (7,865) 452,949
913,784 932,146 968,549 918,375 1,052,084 1,173,123 589,767 772,766 847,185 2,392,866 667,854 949,072
(103,403) - (61,539) - - -
(1,750,415) (1,707,492) (1,700,000) (1,881,716) (2,093,460) (2,172,578)
17,939,266 18,515,149 21,260,823 23,744,922 26,585,867 29,584,144
40,297 41,566 41,630 41,633 42,069 46,707
103,403 - 61,539 - - -
1,750,415 1,707,492 1,700,000 1,881,716 2,093,460 2,676,567
1,894,115 1,749,058 1,803,169 1,923,349 2,135,529 2,723,274
19,833,381$ 20,264,207$ 23,063,992$ 25,668,271$ 28,721,396$ 32,307,418$
288,151$ 289,616$ 2,655,552$ 4,822,731$ 7,193,806$ 11,289,963$ (204,447) (604,311) (588,702) 272,837 1,681,775 1,945,018
83,704$ (314,695)$ 2,066,850$ 5,095,568$ 8,875,581$ 13,234,981$
Fiscal Year
103
TOWN OF AVON, COLORADO
CHANGES IN FUND BALANCES, GOVERNMENTAL FUNDS
LAST TEN FISCAL YEARS
2013 2014 2015 2016RevenuesTaxes 12,489,325$ 15,924,194$ 15,236,848$ 17,742,776$ Licenses and Permits 336,548 210,636 335,741 259,997 Intergovernmental 8,324,980 1,963,946 989,546 2,868,277 Charges for Services 1,556,262 1,757,625 1,682,724 1,772,510 Fines and Forfeitures 104,736 131,513 129,356 91,014 Investment Earnings 21,296 45,827 53,158 139,665 Other Revenues 531,738 503,354 532,353 651,603
Total Revenues 23,364,885 20,537,095 18,959,726 23,525,842
ExpendituresCurrent: General Government and Housing 2,762,979 3,084,616 2,916,095 3,119,007 Community Development 369,158 456,063 1,348,166 1,201,086 Public Safety 2,539,475 2,726,711 3,007,164 3,122,942 Public Works and Utilities 1,911,225 3,799,489 4,080,272 5,067,825 Recreation and Culture 3,328,177 1,654,078 1,147,149 1,293,277 Capital Improvements 11,837,101 7,927,709 3,284,852 8,864,565 Debt Service: Principal 7,300,000 1,491,042 1,264,966 1,382,506 Interest 423,487 453,883 503,269 473,674 Bond Issuance Costs 133,330 - 80,569 147,270 Fiscal Charges 39,145 51,007 41,289 54,071
Total Expenditures 30,644,077 21,644,598 17,673,791 24,726,223
Excess (Defieiency) of Revenues Over (Under) Expenditures (7,279,192) (1,107,503) 1,285,935 (1,200,381)
Other Financing Sources (Uses)Transfers In 2,081,160 4,888,511 4,361,441 2,819,319 Transfers Out (3,007,160) (6,048,511) (5,138,440) (4,404,313) Debt Issuance Proceeds 6,851,367 - 3,800,000 6,300,000 Payments to Escrow Agent - - - - Sales of Capital Assets 1,151 - - - Total Other Financing Sources (Uses)5,926,518 (1,160,000) 3,023,001 4,715,006
Net Change in Fund Balances (1,352,674)$ (2,267,503)$ 4,308,936$ 3,514,625$
Debt Service as a Percentage of Noncapital Expenditures 39.77%12.95%11.37%10.95%
Source: Town of Avon Finance Department
Fiscal Year
104
2017 2018 2019 2020 2021 2022
18,148,536$ 18,118,731$ 20,656,630$ 22,026,470$ 26,967,254$ 29,181,578$ 374,311 398,860 752,345 388,494 461,647 1,636,380 1,029,782 1,499,176 1,156,632 1,781,733 1,205,054 1,403,174 2,005,812 1,927,701 2,181,861 1,173,521 1,742,352 2,974,983 94,311 52,220 51,535 39,693 45,753 28,191 178,997 398,998 549,998 288,927 (8,035) 415,982 664,037 748,101 838,635 2,367,398 669,460 920,665
22,495,786 23,143,787 26,187,636 28,066,236 31,083,485 36,560,953
3,379,282 3,636,761 4,982,737 5,522,841 6,081,429 6,807,714 1,505,073 1,342,798 521,129 500,739 551,138 653,294 3,416,991 3,690,530 3,984,465 4,050,935 4,169,397 5,044,825 4,318,222 4,310,596 4,397,725 4,067,683 4,612,171 6,084,870 1,436,483 1,585,571 1,703,007 1,311,887 1,622,206 2,018,510 6,721,147 8,449,771 3,532,547 2,111,194 4,542,239 5,153,940
1,239,743 1,371,210 1,335,902 1,414,010 1,387,925 1,386,616 746,385 666,120 624,162 429,221 403,078 371,833 41,162 - - 113,525 - - 81,625 63,337 10,060 7,084 9,351 7,946
22,886,113 25,116,694 21,091,734 19,529,119 23,378,934 27,529,548
(390,327) (1,972,907) 5,095,902 8,537,117 7,704,551 9,031,405
5,508,421 3,266,471 1,623,043 2,205,115 2,238,633 3,622,088 (7,258,836) (5,016,471) (3,323,043) (4,086,831) (4,607,093) (5,805,869) 3,080,204 258,258 - 6,084,000 - 134,662 - - - (6,850,698) - - - - - - - -
1,329,789 (1,491,742) (1,700,000) (2,648,414) (2,368,460) (2,049,119) 939,462$ (3,464,649)$ 3,395,902$ 5,888,703$ 5,336,091$ 6,982,286$
10.85%10.65%10.61%10.07%11.05%8.23%
Fiscal Year
105
TOWN OF AVON, COLORADO
FUND BALANCES, GOVERNMENTAL FUNDS
LAST TEN FISCAL YEARS
Fiscal Year
2013 2014 2015 2016 2017
General Fund
Nonspendable 7,442$ -$ 13,061$ 86,136$ -$
Restricted 476,619 598,376 552,335 664,805 688,786
Assigned 413,251 325,000 47,878 - -
Unassigned 4,369,187 3,540,922 5,046,651 5,312,950 5,125,805
Total General Fund 5,266,499 4,464,298 5,659,925 6,063,891 5,814,591
All Other Governmental Funds
Nonspendable - 270 - - -
Restricted 2,803,943 2,370,833 2,668,305 7,787,517 5,459,131
Committed 3,624,653 3,386,451 6,198,817 4,493,621 7,941,466
Assigned 1,307,854 513,594 517,335 516,183 585,486
Unassigned - - - - -
Total All Other Governmental Funds 7,736,450$ 6,271,148$ 9,384,457$ 12,797,321$ 13,986,083$
2018 2019 2020 2021 2022General Fund
Nonspendable -$ -$ -$ -$ -$
Restricted 693,001 805,865 829,650 980,080 1,101,215
Assigned - - - - -
Unassigned 5,611,041 7,392,670 9,373,237 13,587,481 19,210,640
Total General Fund 6,304,042 8,198,535 10,202,887 14,567,561 20,311,855
All Other Governmental Funds
Nonspendable - - - - -
Restricted 2,133,357 2,511,742 1,566,885 1,569,991 3,642,375
Committed 7,336,358 8,218,307 11,657,356 13,479,429 13,948,835
Assigned 716,549 832,594 2,193,502 1,303,307 35,942
Unassigned (154,281) (29,251) - - -
Total All Other
Governmental Funds 10,031,983$ 11,533,392$ 15,417,743$ 16,352,727$ 17,627,152$
Source: Town of Avon Finance Department
Fiscal Year
106
TOWN OF AVON, COLORADO
TAX REVENUES BY SOURCE, GOVERNMENTAL FUNDS
LAST TEN FISCAL YEARS
Avon Urban Penalties, Interest Delinquent Specific
Year General Renewal Authority & Abatements Taxes Ownership
2013 2,158,148$ 777,838$ 5,421$ 875$ 96,850$
2014 2,039,463 784,986 (64,246) 6 112,848
2015 2,027,434 756,471 7,124 172 113,308
2016 2,284,282 1,026,248 4,491 - 119,483
2017 1,733,823 1,136,777 5,555 22 99,498
2018 1,829,624 1,428,646 1,106 181 105,234
2019 1,839,155 1,386,475 12 828 113,657
2020 2,041,834 1,568,090 3,128 - 114,434
2021 2,045,147 1,628,814 (1,635) 301 126,985
2022 2,154,594 1,887,132 1,422 138 130,201
Real Estate Sales Utility Accommodations Village at Avon
Year Transfer Tax Tax Tax Tax Retail Sales Fee
2013 1,574,502$ 6,374,134$ 110,474$ 888,867$ 118,622$
2014 3,764,526 7,093,469 109,441 995,540 683,833
2015 2,369,314 7,622,097 106,786 1,132,576 697,924
2016 3,497,602 8,250,381 102,643 1,289,879 735,280
2017 4,448,666 8,104,582 102,279 1,333,939 763,915
2018 3,621,125 8,475,940 105,881 1,334,306 785,659
2019 5,001,145 9,146,851 107,293 1,486,842 804,424
2020 5,998,950 9,214,444 102,442 1,217,787 870,964
2021 7,354,186 11,608,048 115,387 2,212,356 877,862
2022 5,971,192 13,251,187 139,370 2,494,535 991,380
Cigarette Tobacco Franchise Short-term
Year Excise Tax Tax Fees Rental Tax Total
2013 -$ -$ 383,594$ -$ 12,489,325$
2014 - - 404,328 - 15,924,194
2015 - - 403,642 - 15,236,848
2016 - - 432,488 - 17,742,777
2017 - - 419,479 - 18,148,536
2018 - - 430,029 - 18,117,731
2019 189,305 146,016 434,627 - 20,656,630
2020 250,995 214,907 428,495 - 22,026,470
2021 258,573 301,631 439,599 - 26,967,254
2022 247,799 348,917 487,722 1,122,696 29,228,285
Source: Town of Avon Finance Department
Property Tax
107
TOWN OF AVON, COLORADO
ASSESSED VALUE AND ACTUAL VALUE OF TAXABLE PROPERTY
LAST TEN FISCAL YEARS
Total Gross
Levy Collection Vacant Residential Commercial Other Assessed
Year Year Land Property Property Property Value
2012 2013 15,456,680$ 102,328,980$ 71,704,020$ 3,441,730$ 192,931,410$
2013 2014 16,403,340 90,703,150 67,157,140 4,576,530 178,840,160
2014 2015 15,183,630 92,056,060 66,419,690 4,280,110 177,939,490
2015 2016 14,261,780 121,724,600 70,940,420 3,929,820 211,061,910
2016 2017 13,201,140 123,870,280 69,822,570 4,310,460 211,204,450
2017 2018 12,927,680 129,786,330 79,660,040 4,387,310 226,761,360
2018 2019 11,625,280 131,277,920 83,581,320 3,901,750 230,386,270
2019 2020 12,669,770 146,905,210 89,774,540 3,291,140 252,640,660
2020 2021 10,282,760 151,345,100 89,159,320 3,212,590 253,999,770
2021 2022 10,934,940 166,148,630 83,772,920 3,399,370 264,255,860
Less TIF Total Net Direct Actual Value as a
Levy Collection District Assessed Tax Taxable Percentage of
Year Year Increment (1)Value Rate Value Actual Value
2012 2013 12,511,160$ 180,420,250$ 11.983 1,564,516,920$ 12.33%
2013 2014 12,105,380 166,734,780 12.258 1,406,594,920 12.71%
2014 2015 11,501,900 166,437,590 12.207 1,417,405,720 12.55%
2015 2016 16,476,380 194,585,530 11.765 1,806,178,690 11.69%
2016 2017 17,221,870 193,982,580 8.956 1,825,187,770 11.57%
2017 2018 21,857,430 204,903,930 8.956 2,104,646,220 10.77%
2018 2019 21,475,340 208,910,930 8.956 2,121,154,740 10.86%
2019 2020 24,201,100 228,439,560 8.956 2,389,931,130 10.57%
2020 2021 25,630,460 228,369,310 8.956 2,444,013,540 10.39%
2021 2022 29,383,740 234,872,120 8.956 2,639,103,550 10.01%
Source: Eagle County Assessor's Office, Abstract of Assessments
(1) The Avon Urban Renewal Authority was established in August, 2007.
Notes: Property tax rates are stated in mills per $1,000 of assessed valuation. Other property includes state
assessed, agricultural, and abatements and corrections.
108
TOWN OF AVON, COLORADO
DIRECT AND OVERLAPPING PROPERTY TAX RATES
LAST TEN FISCAL YEARS
Taxing Entity 2013 2014 2015 2016 2017 2018 2019 2020 2021
Town of Avon
General Operating 8.956 8.956 8.956 8.956 8.956 8.956 8.956 8.956 8.956
General Obligation Debt Service 3.027 3.302 3.251 2.809 0.000 0.000 0.000 0.000 0.000
Total Direct 11.983 12.258 12.207 11.765 8.956 8.956 8.956 8.956 8.956
Eagle County 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499
Colleges and School Districts
Colorado Mountain College 3.997 3.997 3.997 3.997 3.997 3.997 3.997 4.013 4.013
Eagle County School District RE-50J 21.362 20.826 21.517 20.331 25.209 24.912 25.115 24.240 24.069
Other Special Districts
Eagle River Fire Protection District 7.553 9.238 9.392 8.205 9.740 9.828 10.226 9.766 10.023
Eagle Valley Library District 2.750 2.750 2.750 2.750 2.750 2.750 2.763 2.763 2.763
Eagle River Water and Sanitation District 0.931 0.946 0.954 0.852 0.849 0.816 0.815 0.766 0.766
Colorado River Water Conservancy District 0.242 0.254 0.253 0.243 0.253 0.254 0.256 0.235 0.502
Eagle County Health Services District 2.023 2.006 2.019 2.008 2.755 2.753 2.766 2.781 2.755
Metropolitan Districts
Avon General Improvement District No. 1 15.288 17.557 17.557 14.077 14.005 14.005 14.005 15.186 15.186
Avon Station Metropolitan District 58.000 58.000 58.000 58.000 63.000 65.585 65.596 65.572 65.780
Confluence Metropolitan District 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000
Mountain Vista Metropolitan District 25.000 25.000 25.000 25.000 25.000 26.155 26.354 26.354 9.250
The Village Metropolitan District 50.000 50.000 50.000 50.000 50.000 50.000 50.000 15.000 15.000
Source: Eagle County Assessor's Office, Abstract of Assessment
Notes: Property tax rates are stated in mills per $1,000 of assessed
valuation. The Town's general operating mill rate may be
increased only by a majority approval of the Town's residents
during a general election. Rates for debt service are set based on
each year's debt service requirements.
Collection Year
109
TOWN OF AVON, COLORADO
PRINCIPAL PROPERTY TAX PAYERS
CURRENT YEAR AND TEN YEARS AGO
Percentage Percentage
of Total of Total
Taxable Town of Avon Taxable Town of Avon
Assessed Assessed Assessed Assessed
Taxpayer Value Rank Value Value Rank Value
CSB Properties Holdings LLC 8,879,310$ 1 3.51%0.00%
BFG Colorado LLC 6,654,210 2 2.63%0.00%
Traer Creek-WMT LLC 5,517,370 3 2.18%6,675,480 1 3.46%
Avon MOB LLC 5,355,810 4 2.12%0.00%
Riverfront Village Hotel, LLC 4,341,930 5 1.72%2,266,130 9 1.17%
Beaver Creek Vacation Ownership Plan 3,865,740 8 1.53%0.00%
Traer Creek-HD LLC 3,886,820 7 1.54%4,720,350 2 2.45%
Avon Piedmoint LLC 4,295,460 6 1.70%0.00%
Avon Wynfield LLC 3,515,990 9 1.39%2,376,620 8 1.23%
Mountain Vista Condominium Assoc Inc.3,041,060 10 1.20%2,087,490 10 1.08%
Points of Colorado 2,509,750 12 0.99%3,413,280 4 1.77%
Dillon Real Estate Co, Inc 2,775,570 11 1.10%1,635,990 13 0.85%
Christie Lodge Assoc Ltd 2,391,980 13 0.95%0.00%
Riverfront Mtn Villas Condominium Assoc Inc 2,071,620 14 0.82%0.00%
GAC Avon LP LLC 1,941,760 15 0.77%0.00%
CH Retail Fund II/Bvr Crk Nttngham Sta 1,775,680 16 0.70%0.00%
Comcast of Colorado VII LLC 1,292,260 17 0.51%0.00%
Chapel Square Ventures LP NA NA 4,449,750 3 2.31%
Avon Partners II, LLC NA NA 2,972,490 5 1.54%
Servco Inc.NA NA 2,797,110 6 1.45%
ARI Mountain Center LLC NA NA 2,519,450 7 1.31%
Traer Creek-L2 LLC NA NA 2,030,010 11 1.05%
Riverview Park Assoc., Inc NA NA 1,763,960 12 0.91%
Traer Creek-RP LLC NA NA 1,383,680 14 0.72%
East West Resort Dvlpmnt XIV LP LLLP NA NA 1,281,350 15 0.66%
Total Assessed Value of the
Fifteen Largest Taxpayers 64,112,320 25.38%42,373,140 21.96%
Total Gross Assessed Value
of Other Taxpayers 188,528,340 74.62%150,558,270 78.04%
Total Gross Assessed Value
of All Taxpayers 252,640,660$ 100.00%192,931,410$ 100.00%
Source: Eagle County Assessor's Office
2022 2013
110
TOWN OF AVON, COLORADO
PROPERTY TAX LEVIES AND COLLECTIONS
LAST TEN FISCAL YEARS
Ratio of
(2)Total Tax
(1)Current Percent of Delinquent Total Collections
Levy Collection Total Tax Current Taxes Tax Tax To Total
Year Year Tax Levy Collections Collected Collections Collections Tax Levy
2012 2013 2,202,287$ 2,160,634$ 98.11%875$ 2,161,509$ 98.15%
2013 2014 2,083,835 2,042,508 98.02%6 2,042,514 98.02%
2014 2015 2,071,895 2,029,571 97.96%172 2,029,743 97.97%
2015 2016 2,329,489 2,286,146 98.14%- 2,286,146 98.14%
2016 2017 1,777,498 1,736,538 97.70%22 1,736,560 97.70%
2017 2018 1,876,652 1,829,624 97.49%181 1,829,805 97.50%
2018 2019 1,912,703 1,839,155 96.15%828 1,839,983 96.20%
2019 2020 2,087,501 2,083,430 99.80%- 2,083,430 99.80%
2020 2021 2,087,252 2,087,123 99.99%301 2,087,424 100.01%
2021 2022 2,149,519 2,154,594 100.24%138 2,154,732 100.24%
Source: Town of Avon Finance Department
Notes: (1) Taxes are due and payable on January 1 based on the prior year's assessed valuation.
(2) Information on outstanding delinquent taxes is not available.
111
TOWN OF AVON, COLORADO
RATIOS OF OUTSTANDING DEBT BY TYPE
LAST TEN FISCAL YEARS
General Special Certificates
Fiscal Obligation Assessment Revenue of Capital
Year Bonds Bonds Bonds Participation Loans Leases
2013 1,498,650$ -$ 7,270,000$ 2,950,000$ -$ 516,378$
2014 1,017,255 - 6,520,000 2,825,000 - 547,990
2015 520,860 - 6,200,000 6,280,000 - 438,024
2016 - - 5,790,000 12,235,000 - 325,518
2017 - - 8,225,362 11,675,000 - 566,231
2018 - - 7,649,283 11,324,659 - 401,100
2019 - - 7,053,286 10,661,468 - 311,195
2020 - - 2,317,223 9,787,797 3,651,000 236,248
2021 - - 2,135,945 9,067,886 3,227,000 159,601
2022 - - 1,949,299 8,338,735 2,794,000 107,632
Certificates Total Percentage
Fiscal of Capital Primary of Personal Per
Year Participation Leases Government Income Capita
2013 3,047,119$ 303,251$ 15,585,398$ 0.52%2,563$
2014 2,914,623 244,259 14,069,127 0.43%2,337
2015 2,777,127 185,937 16,401,948 0.45%2,746
2016 2,605,000 125,825 21,081,343 0.56%3,566
2017 2,465,000 63,864 22,995,457 0.56%3,948
2018 2,349,640 258,258 21,982,940 0.49%3,811
2019 2,197,144 224,979 20,448,072 0.43%3,026
2020 1,826,000 190,561 18,008,829 0.35%2,807
2021 1,655,000 154,967 16,400,399 0.30%2,732
2022 1,480,000 118,157 14,787,823 NA 2,463
Source: Town of Avon Finance Department
Governmental Activities
Business-Type Activities
112
TOWN OF AVON, COLORADO
DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT
DECEMBER 31, 2022
Estimated
Estimated Share of
Debt Percentage Overlapping
Government Unit Outstanding Applicable a Debt
Debt Repaid With Property Taxes
Confluence Metropolitan District 20,770,000$ 100.00%20,770,000$
Eagle County School District RE-50J 186,320,000 7.51%13,987,690
Eagle River Fire Protection District 22,328,992 21.49%4,798,442
The Village Metropolitan District 44,425,000 100.00%44,425,000
Subtotal - Overlapping debt 83,981,131
Town of Avon Direct Debt 13,189,666
Total Direct and Overlapping Debt 97,170,797$
Source: Various Governmental Entities, Eagle County Finance Department
Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the Town. This
schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and
businesses of Avon. This process recognizes that, when considering the Town's ability to issue and repay long-term debt,
the entire debt burden borne by the residents and businesses should be taken into account. However, this does not imply
that every taxpayer is a resident, and therefore responsible for repaying the debt of each overlapping government.
a The basic approach to estimating the applicable percentage of overlapping debt was to divide the assessed value of the
portion overlapping the Town to the total assessed value of the overlapping entity.
113
TOWN OF AVON, COLORADO
RATIO OF GENERAL BONDED DEBT OUTSTANDING AND LEGAL DEBT MARGIN
LAST TEN FISCAL YEARS
2013 2014 2015 2016
General Bonded Debt Outstanding
General Obligation Bonds 1,480,000$ 1,005,000$ 515,000$ -$
Actual Taxable Property Value 1,564,516,920 1,406,594,920 1,417,405,720 1,806,178,690
Net Assessed Value 180,420,250 166,734,780 166,437,590 194,585,530
Percentage of General Bonded Debt
Outstanding to Actual Taxable Property
Value 0.09%0.07%0.04%0.00%
Town of Avon Population 6,388 6,410 6,472 6,505
Per Capita 232$ 157$ 80$ -$
Legal Debt Limit 45,105,062$ 41,683,695$ 41,609,398$ 48,646,382$
Total Debt Applicable to Limit (1,480,000) (1,005,000) (515,000) -
Legal Debt Margin 43,625,062$ 40,678,695$ 41,094,398$ 48,646,382$
Total Debt Applicable to the Limit
as a Percentage of Legal Debt Limit 3.28%2.41%1.24%0.00%
Source: Eagle County Assessor's Office, State of Colorado Division of Local Governments
Fiscal Year
114
2017 2018 2019 2020 2021 2022
-$ -$ -$ -$ -$ -$
1,825,187,770 2,104,646,220 2,121,154,740 2,389,931,130 2,444,013,540 2,639,103,550
193,982,580 204,903,930 208,910,930 228,439,560 228,369,310 234,872,120
0.00%0.00%0.00%0.00%0.00%0.00%
6,383 6,518 6,365 6,145 6,003 6,003
-$ -$ -$ -$ -$ -$
48,495,645$ 51,225,982$ 52,227,732$ 57,109,890$ 57,092,328$ 58,718,030$
- - - - - -
48,495,645$ 51,225,982$ 52,227,732$ 57,109,890$ 57,092,328$ 58,718,030$
0.00%0.00%0.00%0.00%0.00%0.00%
Fiscal Year
115
TOWN OF AVON, COLORADO
DEMOGRAPHIC AND ECONOMIC STATISTICS
LAST TEN FISCAL YEARS
Eagle Eagle
County Eagle County Eagle County Denver / Eagle
Town of Eagle Personal Per Capita County RE-50J Boulder County
Avon County Income Personal Median School Consumer Unemployment
Year Population Population (In $1,000's)Income Age Enrollment Price Index Rate
2013 6,080 52,262 2,982,445 56,241 36.00 6,549 230.8 5.20%
2014 6,021 52,398 3,282,943 61,292 36.20 6,713 237.2 4.75%
2015 5,972 52,780 3,646,142 67,247 36.50 6,546 240.0 2.10%
2016 5,911 53,041 3,777,507 68,669 36.70 6,901 246.6 2.81%
2017 5,825 53,724 4,082,959 73,530 35.60 6,959 254.9 2.22%
2018 5,769 54,205 4,515,170 81,113 39.00 6,882 261.9 2.59%
2019 6,758 54,819 4,726,231 84,648 36.50 6,902 267.4 2.25%
2020 6,145 55,624 5,089,549 91,432 37.81 6,931 272.2 5.10%
2021 6,003 55,687 5,419,735 97,255 37.70 6,694 281.8 4.30%
2022 6,003 55,852 NA NA 34.68 6,623 304.4 2.80%
N/A - Information not available.
Information was compiled by the Demographic Section of the Colorado Division of Local Government, Bureau of Labor Statistics
and U.S. Census Bureau. School Enrollment was obtained by Eagle County School District Administration Office based on June
Enrollment. Per Capita Personal Income obtained from Bureau of Economic Analysis, Regional Economic Accounts.
116
TOWN OF AVON, COLORADO
PRINCIPAL EMPLOYERS
CURRENT YEAR AND TEN YEARS AGO
Employer Employees Rank Employees Rank
East West Hospitality 450 1 NA NA
Westin Riverfront Resort & Spa 357 2 267 1
Wal-Mart 225 3 252 2
City Market 131 4 129 4Home Depot 129 5 124 5
CMM/Vail Health - Avon 127 6 NA NA
Town of Avon 106 7 82 8
Slifer Smith & Frampton 76 8 NA NA
Eagle River Water & Sanitation 74 9 99 6
Christie Lodge 68 10 78 9
Sheraton Mountain Vista 45 11 89 7
Montana's Bar & Grill NA NA 45 10
CIMA NA NA 150 3
Sources: Various Town of Avon businesses, Department of Labor
2022 2013
117
TOWN OF AVON, COLORADO
COMMERCIAL AND RESIDENTIAL CONSTRUCTION
LAST TEN FISCAL YEARS
Total
Total Building
Permits Square No. of Construction
Year Issued Footage Value Units Value Value
2013 159 217,293 27,121,876$ 12 9,027,760$ 36,149,636$
2014 156 - 1,500,000 10 13,735,900 15,235,900
2015 153 114,614 14,336,000 10 6,970,000 21,306,000
2016 158 90,309 21,525,147 7 8,551,360 30,076,507
2017 167 60,043 29,298,052 6 18,930,069 48,228,121
2018 164 93,579 37,542,440 20 15,120,198 52,662,638
2019 177 23,276 11,851,054 278 64,258,298 76,109,352
2020 169 36,082 14,430,422 12 10,341,682 24,772,104
2021 208 7,900 1,957,878 20 31,467,170 33,425,048
2022 215 131,676 34,500,000 127 164,909,400 199,409,400
Source: Town of Avon Community Development Department
Commercial Construction Residential Construction
118
TOWN OF AVON, COLORADO
FULL-TIME EQUIVALENT EMPLOYEES BY FUNCTION/PROGRAM
LAST TEN FISCAL YEARS
2013 2014 2015 2016 2017General Government Administration 3.75 4.75 4.75 4.60 4.60
Special Events 1.00 1.00 1.00 1.00 2.00 Human Resources 2.00 2.00 3.00 3.00 3.00 Finance 8.00 8.00 8.00 8.00 8.00
Nondepartmental 1.00 1.00 1.00 1.00 1.00
Community Development 3.00 3.00 3.00 3.00 3.00
Police 20.00 20.00 20.00 20.40 20.40
Public Works:
Engineering 2.00 2.00 2.00 2.00 2.00 Buildings and Facilities 3.00 3.00 4.00 4.00 5.00 Roads and Bridges, Parks 16.00 14.00 14.00 15.00 16.00
Mobility 4.00 4.00 6.00 6.00 6.00
Fleet Maintenance 8.00 8.00 8.00 8.00 8.00
Recreation 6.00 7.00 9.00 9.00 10.00
Total 77.75 77.75 83.75 85.00 89.00
2018 2019 2020 2021 2022
General Government Administration 5.00 6.00 6.00 8.30 8.30 Special Events 2.00 2.00 2.00 2.00 2.00
Human Resources 3.75 3.75 3.70 4.00 4.00 Finance 9.00 9.00 9.00 9.00 9.00 Nondepartmental 1.00 1.00 0.00 0.00 0.00
Community Development 3.00 3.75 3.75 5.00 5.00
Police 21.50 22.50 23.30 25.55 25.55
Public Works: Administration 0.00 0.00 1.00 2.00 2.00
Engineering 2.00 2.00 2.00 3.00 3.00 Buildings and Facilities 5.00 5.00 6.00 3.00 6.00 Roads and Bridges, Parks 15.00 16.00 15.00 12.00 17.00
Mobility 8.00 8.00 8.00 8.00 9.00
Fleet Maintenance 8.00 8.00 9.00 8.00 9.00
Recreation 10.00 10.00 10.00 10.00 10.00
Total 93.25 97.00 98.75 99.85 109.85
Source: Town of Avon Budget
Full-time Equivalent Employees as of December 31
Full-time Equivalent Employees as of December 31
119
TOWN OF AVON, COLORADO
OPERATING INDICATORS BY FUNCTION/PROGRAM
LAST TEN FISCAL YEARS
2013 2014 2015 2016
Town of Avon Facilities and Services:
Miles of Streets 23.73 23.73 23.73 23.73
Number of Street Lights 632 613 619 634
Culture and Recreation: Miles of Bike/Pedestrian Paths 8.75 8.82 8.82 9.32
Miles of dirt, singletrack trails 0.00 11.00 11.00 11.00
Parks / Lakes 5/1 5/1 5/1 5/1
Park Acreage 672 672 672 672
Tennis/Volleyball /Basketball Courts/Pickleball Courts 4 / 2 / 3 / 2 4 / 2 / 3 / 2 4 / 2 / 3 / 2 4 / 2 / 3 / 2
Recreation Centers 1 1 1 1
Softball / Soccer Fields 1 / 2 1 / 2 1 / 2 1 / 2
Playgrounds 4 4 4 4
Performance Art Pavilion 1 1 1
Police Protection:
Number of Stations 1 1 1 1
Number of Police Personnel and Officers 20 20 21 23
Number of Patrol Units 16 16 15 15
Number of Law Violations:
General Ordinance Violations 207 438 384 419
Traffic Violations 285 372 314 543
Parking Violations 165 366 282 234
Facilities and Services Not Included in the Reporting Entity:
Libraries:
Number of Libraries / Volumes 1 / 79,405 1 / 80,239 1 / 79,226 1 / 77,490
Water System:
Miles of Water Mains 24.99 24.99 24.99 24.99
Number of Service Connections 3,831 3,897 3,917 3,917
Daily Average Consumption in Gallons 675,728 706,833 706,833 709,478
Maximum Daily Capacity of Plant in Gallons 10MGD 10MGD 10MGD 10MGD
Sanitary Sewer System:
Miles of Sanitary Sewers 33.44 33.44 33.44 33.44
Number of Treatment Plants 1 1 1 1
Number of Service Connections 3,969 4,038 4,086 4,086
Maximum Daily Capacity of Treatment Plant in Gallons 4.3MGD 4.3MGD 4.3MGD 4.3MGD
Education:
Number of Elementary Schools / Instructors 1 / 27 1 / 25 1 / 27 1 / 47
Fire Protection:
Number of Stations 5 5 5 6
Number of Fire Personnel and Officers 66 64 67 68
Number of Calls Answered 2,244 2,357 636 670
Number of Inspections Conducted 154 154 122 175
Fiscal Year
120
2017 2018 2019 2020 2021 2022
23.73 23.73 23.73 23.73 24 24
646 646 666 699 699 734
9.32 9.36 9.44 9.51 9.51 9.51
11.00 11.00 11.00 11.00 11.00 11.00
5/2 5/2 5/2 5/2 5/2 5/2
672 672 672 672 672 672
4 / 2 / 3 / 2 4 / 2 / 3 / 2 4 / 2 / 3 / 2 4 / 2 / 3 / 2 4 / 2 / 3 / 2 2 / 2 / 3 / 6
1 1 1 1 1 1
1 / 2 1 / 2 1 / 2 1 / 2 0 / 2 0 / 2
4 4 4 4 4 4
1 1 1 1 1 1
1 1 1 1 1 1
23 23 22 23 23 24.5
15 15 15 15 17 17
91 118 82 52 51 29
446 142 226 208 295 235
147 59 160 157 148 131
1 / 78,779 1 / 77,137 1 / 75,963 1 / 77,318 1 / 78,880 1 / 78,011
24.99 24.99 24.99 24.99 24.99 24.99
3,980 3,980 4,019 4,267 4,323 4,385
712,521 718,731 725,684 698,030 744,896 726,025
10MGD 10MGD 10MGD 10MGD 10MGD 10MGD
33.44 33.44 33.44 33.44 33.4 33.4
1 1 1 1 1 1
4,118 4,118 4,157 4,405 4,449 4,511
4.3MGD 4.3MGD 4.3MGD 4.3MGD 4.3MGD 4.3MGD
1 / 62 1 / 44 1 / 39 1 / 36 1 / 32 1 / 32
6 5 5 5 5 5
68 70 70 68 67 65
644 554 564 2,518 634 586
179 166 134 127 141 90
Fiscal Year
121
SINGLE AUDIT
122
TOWN OF AVON, COLORADO
NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS YEAR ENDED DECEMBER 31, 2022
Note 1. General
The accompanying schedule of expenditures of federal awards (the Schedule) includes the federal
award activity of the Town of Avon under programs of the federal government for the year ended December 31, 2022. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
Because the Schedule presents only a selected portion of the operations of the Town of Avon, it is
not intended to and does not present the financial position, changes in net position, or cash flows of the Town of Avon. Note 2. Summary of Significant Accounting Policies
Expenditures reported on the Schedule are reported on the modified accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance, whereas certain types of expenditures are not allowable or are limited as to reimbursement.
Note 3. Sub-recipients The Town of Avon did not provide any federal funds listed in the Schedule of Expenditures of Federal Awards to sub-recipients.
Note 4. Indirect Facilities and Administration Costs The Town of Avon did not elect to use the 10% de minimus cost rate allowed in Title 2 U.S. Code of Federal Regulations (CFR) Part 200.414, Indirect (F&A) costs.
123
McMahan and Associates, l.l.c.
Certified Public Accountants and Consultants
Web Site: www.mcmahancpa.com
Chapel Square, Bldg C Main Office: (970) 845-8800
245 Chapel Place, Suite 300 Facsimile: (970) 845-8108
P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com
Member: American Institute of Certified Public Accountants
Paul J. Backes, CPA, CGMA Avon: (970) 845-8800
Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996
Matthew D. Miller, CPA Frisco: (970) 668-3481
M
&
A
INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING
AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL
STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and Town Council
Town of Avon, Colorado
We have audited, in accordance with auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards
issued by the Comptroller General of the United States, the financial statements of the governmental
activities, the business-type activities, each major fund, and the aggregate remaining fund information of
Town of Avon, Colorado (the “Town”) as of and for the year ended December 31, 2022, and the related
notes to the financial statements, which collectively comprise the Town’s basic financial statements and
have issued our report thereon dated June 21, 2023.
Internal Control Over Financial Reporting
In planning and performing our audit on the financial statements, we considered the Town’s internal
control over financial reporting (internal control) to determine the audit procedures that are appropriate in
the circumstances for the purpose of expressing our opinions on the financial statements, but not for the
purpose of expressing an opinion on the effectiveness of the Town’s internal control. Accordingly, we do
not express an opinion on the effectiveness of the Town’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to prevent,or
detect and correct misstatements on a timely basis. A material weakness is a deficiency, or combination
of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement
of the Town’s financial statements will not be prevented, or detected and corrected on a timely basis. A
significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe
that a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this
section and was not designed to identify all deficiencies in internal control that might be material
weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any
deficiencies in internal control that we consider to be material weaknesses. However, material
weaknesses may exist that have not been identified.
124
INDEPENDENT AUDITOR'S REPORT
To the Town Council
Town of Avon, Colorado
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Town’s financial statements are free of
material misstatement, we performed tests of its compliance with certain provisions of laws, regulations,
contracts and grant agreements, noncompliance with which could have a direct and material effect on the
determination of financial statement amounts. However, providing an opinion on compliance with those
provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The
results of our tests disclosed no instances of noncompliance or other matters that are required to be
reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance
and the results of that testing, and not to provide an opinion on the effectiveness of the Town’s internal
control or on compliance. This report is an integral part of an audit performed in accordance with
Government Auditing Standards in considering the Town’s internal control and compliance. Accordingly,
this communication is not suitable for any other purpose.
McMahan and Associates, L.L.C.
Avon, Colorado
June 21, 2023
125
McMahan and Associates, l.l.c.
Certified Public Accountants and Consultants
Web Site: www.mcmahancpa.com
Chapel Square, Bldg C Main Office: (970) 845-8800
245 Chapel Place, Suite 300 Facsimile: (970) 845-8108
P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com
Member: American Institute of Certified Public Accountants
Paul J. Backes, CPA, CGMA Avon: (970) 845-8800
Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996
Matthew D. Miller, CPA Frisco: (970) 668-3481
M
&
A
INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM
AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE
To the Honorable Mayor and Town Council
Town of Avon, Colorado
Opinion on Each Major Federal Program
We have audited Town of Avon, Colorado’s (the “Town”) compliance with the types of compliance
requirements described in the OMB Compliance Supplement that could have a direct and material effect
on each of the Town’s major federal programs for the year ended December 31, 2022. The Town’s major
federal programs are identified in the summary of auditor’s results section of the accompanying schedule
of findings and questioned costs.
In our opinion, the Town complied, in all material respects, with the types of compliance requirements
referred to above that could have a direct and material effect on each of its major federal programs for the
year ended December 31, 2022.
Basis for Opinion on Each Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the
United States of America (GAAS); the standards applicable to financial audits contained in Government
Auditing Standards issued by the Comptroller General of the United States (Government Auditing
Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform
Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in
the Auditor’s Responsibilities for the Audit of Compliance section of our report.
We are required to be independent of the Town and to meet our other ethical responsibilities, in
accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we
have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each
major federal program. Our audit does not provide a legal determination of the Town’s compliance with
the compliance requirements referred to above.
Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design,
implementation, and maintenance of effective internal control over compliance with the requirements of
laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the Town’s
federal programs.
126
INDEPENDENT AUDITOR’S REPORT
To the Town Council
Town of Avon, Colorado
Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the
compliance requirements referred to above occurred, whether due to fraud or error, and express an
opinion on the Town’s compliance based on our audit. Reasonable assurance is a high level of assurance
but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with
GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material
noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is
higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions,
misrepresentations, or the override of internal control. Noncompliance with the compliance requirements
referred to above is considered material, if there is a substantial likelihood that, individually or in the
aggregate, it would influence the judgment made by a reasonable user of the report on compliance about
the Town’s compliance with the requirements of each major federal program as a whole.
In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform
Guidance, we:
Exercise professional judgment and maintain professional skepticism throughout the audit.
Identify and assess the risks of material noncompliance, whether due to fraud or error, and
design and perform audit procedures responsive to those risks. Such procedures include
examining, on a test basis, evidence regarding the Town’s compliance with the compliance
requirements referred to above and performing such other procedures as we considered
necessary in the circumstances.
Obtain an understanding of the Town’s internal control over compliance relevant to the audit in
order to design audit procedures that are appropriate in the circumstances and to test and report
on internal control over compliance in accordance with the Uniform Guidance, but not for the
purpose of expressing an opinion on the effectiveness of the Town’s internal control over
compliance. Accordingly, no such opinion is expressed.
We are required to communicate with those charged with governance regarding, among other matters,
the planned scope and timing of the audit and any significant deficiencies and material weaknesses in
internal control over compliance that we identified during the audit.
Report on Internal Control Over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over
compliance does not allow management or employees, in the normal course of performing their assigned
functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a
federal program or on a timely basis. A material weakness in internal control over compliance is a
deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a
reasonable possibility that material noncompliance with a type of compliance requirement of a federal
program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in
internal control over compliance is a deficiency, or combination of deficiencies, in internal control over
compliance with a type of compliance requirement of a federal program that is less severe than a material
weakness in internal control over compliance, yet important enough to merit attention by those charges
with governance.
Our consideration of the internal control over compliance was for the limited purpose described in the first
paragraph of this section and was not designed to identify all deficiencies in internal control over
compliance that might be material weaknesses or significant deficiencies. We did not identify any
deficiencies in internal control over compliance that we consider to be material weaknesses. However,
material weaknesses may exist that have not been identified.
Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal
control over compliance. Accordingly, no such opinion is expressed.
127
INDEPENDENT AUDITOR'S REPORT
To the Town Council
Town of Avon, Colorado
The purpose of this report in internal control over compliance is solely to describe the scope of our testing
of internal control over compliance and the results of that testing based on the requirements of Uniform
Guidance. Accordingly, this report is not suitable for any other purpose.
McMahan and Associates, L.L.C.
Avon, Colorado
June 21, 2023
128
Town of Avon, Colorado
SCHEDULE OF PRIOR AUDIT FINDINGS AND QUESTIONED COSTS
For the Year Ended December 31, 2022
Part I –Summary of Auditor’s Results
Financial Statements:
Type of auditor’s report issued Unmodified
Internal control over financial reporting:
Material weakness identified None noted
Significant deficiency identified None noted
Noncompliance material to financial statements noted None noted
Federal Awards:
Internal control over major programs:
Material weakness identified None noted
Significant deficiency identified None noted
Type of auditor’s report issued on compliance for major programs Unmodified
Any audit findings disclosed that are required to be reported
in accordance with Title 2 U.S. Code of Federal Regulations Part 200 No
Major programs:
Buses and Bus Facilities Formula, Competitive and Low or
No Emissions Programs ALN 20.526
Dollar threshold used to identify Type A from Type B programs:$750,000
Identified as low-risk auditee Yes
Part II –Findings Related to Financial Statements
Findings related to financial statements as
required by Government Auditing Standards None noted
Auditor-assigned reference number Not applicable
Part III –Findings Related to Federal Awards
Internal control findings None noted
Compliance findings None noted
Questioned costs None noted
Auditor-assigned reference number Not applicable
There were no findings for the fiscal year ended December 31, 2021.
129
TOWN OF AVON, COLORADO
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE YEAR ENDED DECEMBER 31, 2022
Federal Pass-through
Assistance Entity
Listing Identifying Clusters of
Program Title Number Number Expenditures Programs
U.S. Department of Justice
Direct Program:
Bulletproof Vest Partnership Program 16.607 2,135$
Total U.S. Department of Justice 2,135
U.S. Department of Transportation
Passed Through Colorado Department of Transportation:
Metropolitan Transportation Planning and State and
Non-Metropolitan Planning and Research 20.505 22-HTR-ZL-00194/491002873 70,107
Formula Grants for Rural Areas and Tribal Transit Program 20.509 22-HTR-ZL-00243/491002929 361,805
Buses and Bus Facilities Formula, Competitive,
and Low or No Emissions Programs 20.526 21-HTR-ZL-00161/491002407 1,576,477 Total - Federal Transit Cluster 1,576,477$
Total U.S. Department of Transportation 2,008,389
Total Expenditures of Federal Awards 2,010,524$
The accompanying notes are an integral part of this schedule.
130
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Eric Heil, Town Manager
RE: Ordinance 23-02 Referring the Establishment of a
Downtown Development Authority to a Special Election
(Public Hearing)
DATE: June 23, 2023
SUMMARY: This report provides an overview of Ordinance No. 23-02 Referring the Establishment of a
Downtown Development Authority to a Special Election. Town Council approved on first reading Ordinance
No. 23-02 on June 13, 2023. Second Reading of the Ordinance next Tuesday also requires a Public
Hearing.
The following information was also presented in the June 13th report:
The Ordinance indicates the proposed DDA boundaries and refers the question of formation of the DDA to
a special election on Tuesday, August 29, 2023. The “eligible electors” for the special include residents
who are registered voters, property owners and business lessees within the proposed DDA boundary.
Council previously held a work session on the process to form a Downtown Development Authority (“DDA”)
on April 25, 2023. The Town Council provided direction last fall to include the formation of a Downtown
Development Authority as a goal for 2023. Included with this Report is a draft Avon Downtown
Development Authority Plan document. Presented for Council consideration is the adoption of Ordinance
No. 23-02 on 1st Reading. Council is not required to adopt an Avon DDA Plan at this time but is
encouraged to adopt the Avon DDA Plan as a “draft” for consideration by the DDA Board of Directors if the
formation of the Avon DDA is approved by the voters at the special election.
PURPOSE AND GOALS: Downtown Development Authorities are authorized by statute to promote the
sound economic growth of a community’s central downtown commercial core and alleviate or prevent blight
conditions. Avon’s workforce’s current extreme housing shortages have directly impacted Avon’s business
community and arrested Avon’s businesses’ stability and sound growth. The impacts are widespread to the
extent of impacting public services as well. Investment in workforce housing and public infrastructure to
support a growing community is necessary to support, stabilize and promote the solid economic growth of
the Avon community. The draft Avon DDA Plan states that at least 50% of the tax increment financing revenue source of the Downtown Development Authority shall be dedicated to Community Housing, and the remaining revenues are devoted to public infrastructure, facilities, and amenities in the
downtown area as determined by the Avon DDA Board and Council.
FORMATION PROCESS: Please see the April 6, 2023 Report which describes the formation process. The
Avon Planning and Zoning Commission (“PZC”) conducted a work session on May 2 and conducted public
hearings on May 23 and June 6. The Avon PZC took action to recommend Council proceed with the
formation of the Avon Downtown Development Authority and noted that the goal of funding “Community
Housing” needs further refinement to identify needs and target housing for appropriate based on income
levels and that the impact to other tax entities needs further analysis, especially the impact to Eagle County
School District.
EMPLOYER SURVEY: The Town of Avon launched an Employer Survey for all businesses within the
Avon DDA proposed boundary to gather data on the impact of workforce housing shortages. The
questions are included in Appendix B of the Avon DDA Plan. The survey was sent with an initial deadline
Page 2 of 4
date of June 9, 2023. Due to a low response rate thus far, the deadline date will be extended into mid-July.
The results of the Employer Survey will be included in the Avon DDA Plan.
ELIGIBLE ELECTORS: Please see the April 6, 2023 Report which describes eligible electors. More
information will be provided at the Council presentation on eligible electors.
FINANCIAL CONSIDERATIONS: The Avon DDA is proposed to establish an additional source of funding
for Community Housing and public infrastructure and facility projects. Additional funding would occur
through “tax increment financing”. Tax increment financing authorizes the Downtown Development
Authority to capture the increment of increased property tax that occurs through new construction and
development. The amount of property tax that is captured depends upon the timing, type and quantity of
new construction which occurs in the Avon DDA area. Commercial construction is assessed at a higher
rate than residential property and therefore generates a larger increment.
The current Avon Urban Renewal Authority tax increment revenues are presented for illustration purposes.
Since the adoption of the Avon Urban Renewal Authority in 2006 new construction includes the River Front
PUD (i.e. Westin, but not including Lot 1), the Wyndham, the Buck Creek Medical Center, Northside
Restaurant (which redeveloped the former Pizza Hut) and Walgreens (which redeveloped the former
Denny’s). This construction over the last 17 years now results in the following annual tax increment
financing revenues:
Taxing Entity Mill Levy Percentage
AURA Tax
Increment
Total Property
Tax Revenues
Avon 8.956 14.29% $ 262,567.00 $ 2,082,427.00
Eagle County 8.499 13.56% $ 249,169.00 $ 1,976,167.00
Eagle County School
District 24.649 39.32% $ 772,646.00 $ 5,731,326.00
Colorado Mountain College 4.085 6.52% $ 119,762.00 $ 949,834.00
Eagle River Fire 9.703 15.48% $ 284,467.00 $ 2,256,118.00
Eagle Valley Library 2.763 4.41% $ 81,004.00 $ 642,446.00
Eagle River Water & San 0.759 1.21% $ 22,252.00 $ 176,481.00
Eagle County Health
Services 2.774 4.43% $ 81,327.00 $ 645,004.00
Colorado Water
Conservancy 0.501 0.80% $ 14,608.00 $ 116,491.00
TOTAL 62.689 $ 1,887,802.00 $ 14,576,294.00
The Avon Urban Renewal Authority tax increment financing collects 11.2% of total property tax in Avon.
The Avon Station and Confluence Metropolitan Districts are not included in the Avon Urban Renewal
Authority tax increment financing because these districts were approved by the Town of Avon as developer
financing mechanisms for specific projects. It is anticipated Avon Station, Confluence and Village
metropolitan districts would not be included in the Avon DDA tax increment financing because these are
districts approved by the Town of Avon as developer financing mechanisms for specific developments
within Avon.
Page 3 of 4
The AURA Tax Increment shown above will revert the respective taxing entities when the West Town
Center Investment Plan expires in 2032. As shown above, the formation of the Avon DDA would result in
the Town of Avon pledging its property tax increment for the duration of the Avon DDA.
FINANCIAL MODELLING: As specific projects go forward it is possible to estimate the tax increment from
those projects and plan for bond financing to support Community Housing and other public infrastructure
and public facilities. Considering that it has been 17 years for the West Town Center Investment Area to
realize the construction that occurred which generates the current tax increment, it may require 10 years for
the Avon DDA to reach this same level of tax increment financing revenue if current projects proceed and
the Village (at Avon) is active with new development. This assumes there is not an economic downtown
during this period.
RELATIONSHIP TO AVON URBAN RENEWAL AUTHORITY: Portions of the Avon DDA overlap the
West Town Center Investment Plan area of the Avon Urban Renewal Authority. The West Town Center
Investment Plan will expire in 2032. There are two remaining lots within the West Town Center which are
zoned Town Center (Lot 3 and Lot B). The Avon URA West Town Center tax increment financing is first in
place and would take priority in capturing the property tax increment for Lot 3 and Lot B until 2032. After
2032, the Avon DDA would continue to capture the property tax increment. Funding of a public parking
garage on Lot B or the Avon Recreation Center parking is identified as a goal in the West Town Center
Investment Plan and as a potential project in the Avon DDA Plan. Another potential projects in the West
Town Center Investment Plan area is planning and incentivizing the redevelopment of the Sun Road area
(Walgreen’s, First Bank and US Post Office). Planning has not commenced in this area. Any
redevelopment of this is area is expected to be complex and will require a long lead team to coordinate with
existing property owners. It is speculative as to whether redevelopment in this area would commence
before the expiration of the West Town Center Investment Plan in 2032.
POTENTIAL PROJECTS: The proposed primary purpose of the DDA plan is to support the development of
Community Housing in the DDA Plan area. DDA revenue streams may also be used for public
infrastructure, facilities and amenities within the boundary. A list of potential projects is included in the draft
Avon DDA Plan. It is anticipated and recommended that two high priority projects should include financing
of a public parking structure in the West Town Center Investment Plan area and construction of housing
that is associated with planned early childhood education facility on Planning Area E. Town of Avon is
partnering with Vail Valley Foundation on this project. Initial conceptual designs indicate that 40+
residential apartments could be constructed on Planning Area E and the adjacent Lot 8 in the Village (at
Avon). This housing is anticipated to be prioritized for employees of the early childhood education facility,
then employees of the Eagle County School District, then employees of charter schools, other early
childhood education facilities and day care facilities.
IMPACT TO OTHER TAXING ENTITIES: The potential impact to other taxing entities is the future
increased property tax revenue that may come from new development which would be collected by the
Avon DDA tax increment financing. It is very difficult to predict what the actual impact may be because we
don’t know the timing, type and quantity of new construction in the Avon DDA boundary. Financial impacts
may be mitigated in part by the pending substantial increases in assessed valuation and corresponding
increase in property tax revenue. Tax increment financing for development authorities is premised on the
theory that the development authorities are tool that promotes more development than would otherwise
occur, a higher quality of development that generates higher values, an elevated character of the area that
Page 4 of 4
increases the property value of surrounding properties, and thus higher property tax for all taxing entities,
after the expiration of the development authority.
School districts are treated differently than other taxing entities and receive funding from the State of
Colorado to equalize the amount of funding per pupil. Please see Attachment F for more information on the
school district budgeting and tax increment financing.
REQUESTED ACTION: Council approved first reading of the Ordinance on June 13, 2023 to stay on track
for an August 29, 2023 special election. The Council is asked to continue to take public input as it is a
public hearing. The Avon DDA formation election requires a specialized voter list which will require the
Town of Avon to conduct its own election. The Avon DDA election would not work well as a coordinated
election in November with Eagle County.
PROPOSED MOTION: “I move to approve second reading of Ordinance No. 23-02 Referring the
Establishment of a Downtown Development Authority to a Special Election and Amending the Avon Municipal Code to Adopt Title 4 – Avon Downtown Development Authority.”
Thank you, Eric
ATTACHMENT A: Report and Materials from June 13, 2023 Council Packet
ATTACHMENT A: Ordinance No. 23-02
ATTACHMENT B: Draft Avon DDA Plan
ATTACHMENT C: Report on DDA Formation dated April 6, 2023
ATTACHMENT D: School District Finance and Tax Increment Financing
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Eric Heil, Town Manager
RE: Ordinance 23-02 Referring the Establishment of a
Downtown Development Authority to a Special Election
DATE: June 8, 2023
SUMMARY: This report provides an overview of Ordinance No. 23-02 Referring the Establishment of a
Downtown Development Authority to a Special Election. Ordinance No. 23-02 indicates the proposed DDA
boundaries and refers the question of formation of the DDA to a special election on Tuesday, August 29,
2023. The “eligible electors” for the special include residents who are registered voters, property owners
and business lessees within the proposed DDA boundary.
Council previously held a work session on the process to form a Downtown Development Authority (“DDA”)
on April 25, 2023. The Town Council provided direction last fall to include the formation of a Downtown
Development Authority as a goal for 2023. Included with this Report is a draft Avon Downtown
Development Authority Plan document. Presented for Council consideration is the adoption of Ordinance
No. 23-02 on 1st Reading. Council is not required to adopt an Avon DDA Plan at this time but is
encouraged to adopt the Avon DDA Plan as a “draft” for consideration by the DDA Board of Directors if the
formation of the Avon DDA is approved by the voters at the special election.
PURPOSE AND GOALS: Downtown Development Authorities are authorized by statute to promote the
sound economic growth of a community’s central downtown commercial core and alleviate or prevent blight
conditions. Avon’s workforce’s current extreme housing shortages have directly impacted Avon’s business
community and arrested Avon’s businesses’ stability and sound growth. The impacts are widespread to the
extent of impacting public services as well. Investment in workforce housing and public infrastructure to
support a growing community is necessary to support, stabilize and promote the solid economic growth of
the Avon community. The draft Avon DDA Plan states that at least 50% of the tax increment financing revenue source of the Downtown Development Authority shall be dedicated to Community Housing, and the remaining revenues are devoted to public infrastructure, facilities, and amenities in the
downtown area as determined by the Avon DDA Board and Council.
FORMATION PROCESS: Please see the April 6, 2023 Report which describes the formation process. The
Avon Planning and Zoning Commission (“PZC”) conducted a work session on May 2 and conducted public
hearings on May 23 and June 6. The Avon PZC took action to recommend Council proceed with the
formation of the Avon Downtown Development Authority and noted that the goal of funding “Community
Housing” needs further refinement to identify needs and target housing for appropriate based on income
levels and that the impact to other tax entities needs further analysis, especially the impact to Eagle County
School District.
EMPLOYER SURVEY: The Town of Avon launched an Employer Survey for all businesses within the
Avon DDA proposed boundary to gather data on the impact of workforce housing shortages. The
questions are included in Appendix B of the Avon DDA Plan. The survey was sent with an initial deadline
date of June 9, 2023. Due to a low response rate thus far, the deadline date will be extended into mid-July.
The results of the Employer Survey will be included in the Avon DDA Plan.
Page 2 of 4
ELIGIBLE ELECTORS: Please see the April 6, 2023 Report which describes eligible electors. More
information will be provided at the Council presentation on eligible electors.
FINANCIAL CONSIDERATIONS: The Avon DDA is proposed to establish an additional source of funding
for Community Housing and public infrastructure and facility projects. Additional funding would occur
through “tax increment financing”. Tax increment financing authorizes the Downtown Development
Authority to capture the increment of increased property tax that occurs through new construction and
development. The amount of property tax that is captured depends upon the timing, type and quantity of
new construction which occurs in the Avon DDA area. Commercial construction is assessed at a higher
rate than residential property and therefore generates a larger increment.
The current Avon Urban Renewal Authority tax increment revenues are presented for illustration purposes.
Since the adoption of the Avon Urban Renewal Authority in 2006 new construction includes the River Front
PUD (i.e. Westin, but not including Lot 1), the Wyndham, the Buck Creek Medical Center, Northside
Restaurant (which redeveloped the former Pizza Hut) and Walgreens (which redeveloped the former
Denny’s). This construction over the last 17 years now results in the following annual tax increment
financing revenues:
Taxing Entity Mill Levy Percentage
AURA Tax
Increment
Total Property
Tax Revenues
Avon 8.956 14.29% $ 262,567.00 $ 2,082,427.00
Eagle County 8.499 13.56% $ 249,169.00 $ 1,976,167.00
Eagle County School
District 24.649 39.32% $ 772,646.00 $ 5,731,326.00
Colorado Mountain College 4.085 6.52% $ 119,762.00 $ 949,834.00
Eagle River Fire 9.703 15.48% $ 284,467.00 $ 2,256,118.00
Eagle Valley Library 2.763 4.41% $ 81,004.00 $ 642,446.00
Eagle River Water & San 0.759 1.21% $ 22,252.00 $ 176,481.00
Eagle County Health
Services 2.774 4.43% $ 81,327.00 $ 645,004.00
Colorado Water
Conservancy 0.501 0.80% $ 14,608.00 $ 116,491.00
TOTAL 62.689 $ 1,887,802.00 $ 14,576,294.00
The Avon Urban Renewal Authority tax increment financing collects 11.2% of total property tax in Avon.
The Avon Station and Confluence Metropolitan Districts are not included in the Avon Urban Renewal
Authority tax increment financing because these districts were approved by the Town of Avon as developer
financing mechanisms for specific projects. It is anticipated Avon Station, Confluence and Village
metropolitan districts would not be included in the Avon DDA tax increment financing because these are
districts approved by the Town of Avon as developer financing mechanisms for specific developments
within Avon.
The AURA Tax Increment shown above will revert the respective taxing entities when the West Town
Center Investment Plan expires in 2032. As shown above, the formation of the Avon DDA would result in
the Town of Avon pledging its property tax increment for the duration of the Avon DDA.
Page 3 of 4
FINANCIAL MODELLING: As specific projects go forward it is possible to estimate the tax increment from
those projects and plan for bond financing to support Community Housing and other public infrastructure
and public facilities. Considering that it has been 17 years for the West Town Center Investment Area to
realize the construction that occurred which generates the current tax increment, it may require 10 years for
the Avon DDA to reach this same level of tax increment financing revenue if current projects proceed and
the Village (at Avon) is active with new development. This assumes there is not an economic downtown
during this period.
RELATIONSHIP TO AVON URBAN RENEWAL AUTHORITY: Portions of the Avon DDA overlap the
West Town Center Investment Plan area of the Avon Urban Renewal Authority. The West Town Center
Investment Plan will expire in 2032. There are two remaining lots within the West Town Center which are
zoned Town Center (Lot 3 and Lot B). The Avon URA West Town Center tax increment financing is first in
place and would take priority in capturing the property tax increment for Lot 3 and Lot B until 2032. After
2032, the Avon DDA would continue to capture the property tax increment. Funding of a public parking
garage on Lot B or the Avon Recreation Center parking is identified as a goal in the West Town Center
Investment Plan and as a potential project in the Avon DDA Plan. Another potential projects in the West
Town Center Investment Plan area is planning and incentivizing the redevelopment of the Sun Road area
(Walgreen’s, First Bank and US Post Office). Planning has not commenced in this area. Any
redevelopment of this is area is expected to be complex and will require a long lead team to coordinate with
existing property owners. It is speculative as to whether redevelopment in this area would commence
before the expiration of the West Town Center Investment Plan in 2032.
POTENTIAL PROJECTS: The proposed primary purpose of the DDA plan is to support the development of
Community Housing in the DDA Plan area. DDA revenue streams may also be used for public
infrastructure, facilities and amenities within the boundary. A list of potential projects is included in the draft
Avon DDA Plan. It is anticipated and recommended that two high priority projects should include financing
of a public parking structure in the West Town Center Investment Plan area and construction of housing
that is associated with planned early childhood education facility on Planning Area E. Town of Avon is
partnering with Vail Valley Foundation on this project. Initial conceptual designs indicate that 40+
residential apartments could be constructed on Planning Area E and the adjacent Lot 8 in the Village (at
Avon). This housing is anticipated to be prioritized for employees of the early childhood education facility,
then employees of the Eagle County School District, then employees of charter schools, other early
childhood education facilities and day care facilities.
IMPACT TO OTHER TAXING ENTITIES: The potential impact to other taxing entities is the future
increased property tax revenue that may come from new development which would be collected by the
Avon DDA tax increment financing. It is very difficult to predict what the actual impact may be because we
don’t know the timing, type and quantity of new construction in the Avon DDA boundary. Financial impacts
may be mitigated in part by the pending substantial increases in assessed valuation and corresponding
increase in property tax revenue. Tax increment financing for development authorities is premised on the
theory that the development authorities are tool that promotes more development than would otherwise
occur, a higher quality of development that generates higher values, an elevated character of the area that
increases the property value of surrounding properties, and thus higher property tax for all taxing entities,
after the expiration of the development authority.
Page 4 of 4
School districts are treated differently than other taxing entities and receive funding from the State of
Colorado to equalize the amount of funding per pupil. Please see Attachment F for more information on the
school district budgeting and tax increment financing.
REQUESTED ACTION: Council must approve first reading on June 13, 2023 to stay on track for an
August 29, 2023 special election. The Avon DDA formation election requires a specialized voter list which
will require the Town of Avon to conduct its own election. The Avon DDA election would not work well as a
coordinated election in November with Eagle County.
PROPOSED MOTION: “I move to approve first reading of Ordinance No. 23-02 Referring the Establishment of a Downtown Development Authority to a Special Election and Amending the Avon Municipal Code to Adopt Title 4 – Avon Downtown Development Authority.”
Thank you, Eric
ATTACHMENT A: Ordinance No. 23-02
ATTACHMENT B: Draft Avon DDA Plan
ATTACHMENT C: Report on DDA Formation dated April 6, 2023
ATTACHMENT D: School District Finance and Tax Increment Financing
Ord 23-02 Downtown Development Authority Page 1 of 3
ORDINANCE NO. 23-02
REFERRING THE ESTABLISHMENT OF A DOWNTOWN DEVELOPMENT AUTHORITY TO A SPECIAL ELECTION AND AMENDING THE AVON MUNICIPAL CODE TO ADOPT TITLE 4 – AVON DOWNTOWN DEVELOPMENT AUTHORITY 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 Avon Town Council (“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, pursuant to C.R.S. §31-25-801, et seq., Council, by ordinance, may submit the question of the establishment of a Downtown Development Authority to the qualified electors within the proposed Downtown Development Authority boundary; and
WHEREAS, pursuant to Article, Section 20 of the Colorado Constitution and C.R.S. §31-25-
804, any tax or other matters arising under Article, Section 20 of the Colorado Constitution are required to be approved by the qualified electors within the boundaries of the proposed Downtown Development Authority; and
WHEREAS, Downtown Development Authorities are quasi-governmental entities that provide
organizational focus and financing to support downtown economic developments and
improvements; and
WHEREAS, an active central business district contributes to the vibrancy and success of the Town for both residents and visitors as a civic, historic, cultural, and economic focal point; and
WHEREAS, blighted areas within the Town's central business district substantially impair the
sound growth of the Town's central business district; and
WHEREAS, the Town of Avon Planning and Zoning Commission adopted a Downtown Development Authority Plan
WHEREAS, Council finds and determines it is necessary to establish a Downtown Development Authority, which will, among other things, (a) promote the public health, safety, prosperity,
security, and general welfare of the inhabitants thereof and the people of the State of Colorado, (b)
serve a public use, (c) halt or prevent the deterioration of property values or structures within the Town's central business district, (d) halt or prevent the growth of blighted areas within the Town's central business district, (e) will assist the Town in the development and redevelopment of the Town's central business district and in the overall planning to restore the Town's central business
district, and (f) will be of special benefit to the property within the proposed boundaries of the
Downtown Development Authority; and
Ord 23-02 Downtown Development Authority Page 2 of 3
WHEREAS, Council finds and determines it is necessary to submit the question of the establishment of a Downtown Development Authority a vote of the qualified electors within the
proposed Downtown Development Authority boundary.
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. Establishment of Boundaries. The area within the proposed boundaries of the
Avon Downtown Development Authority, as described in “EXHIBIT A: Legal Desciption” and depicted in “EXHIBIT B: Avon Downtown Development Authority Map”, attached and incorporated by this reference, is and traditionally has been the location of the principal business, commercial, financial, service, and government center of the Town, and is and has been zoned and
used accordingly. Such area is established as being within the “central business district” and
“downtown” area of the Town as defined by C.R.S. §31-25-801, et seq.
Section 3. Election Call. A special election of qualified electors of the proposed Downtown Development Authority shall be conducted on August 29, 2023, pursuant to the authority and requirements of the Avon Town Charter and C.R.S. §31-25-801, et seq. Such special election shall
be held as a mail ballot election in accordance with the laws of Colorado, except as otherwise
provided in the Charter or ordinances of the City. The Town Clerk shall be the designated election official.
Section 4. Ballot Question No. 1. At the August 29, 2023 special election, there shall be submitted to the qualified electors of the proposed Downtown Development Authority the
following ballot question in substantially the following form:
Ballot Question No. 1: ESTABLISHING AVON DOWNTOWN DEVELOPMENT AUTHORITY
SHALL THE AVON DOWNTOWN DEVELOPMENT AUTHORITY BE ESTABLISHED IN ACCORDANCE WITH TOWN OF AVON ORDINANCE
NO 23-02?
Section 5. Avon Downtown Development Authority. Upon approval by a majority vote of the qualified electors voting at the election for the establishment of the Avon Downtown Development Authority, the Avon Downtown Development Authority shall be a body corporate and political subdivision with all the purposes and powers now or hereafter authorized by C.R.S.
§31-25-801, et seq., and all additional and supplemental powers necessary and convenient to carry
out and effectuate its purposes, and such other powers and authority as provided by law, in accordance with and subject to Avon Municipal Code Title 4 – Avon Downtown Development Authority.
Section 6. Title 4 – Avon Downtown Development Authority. Title 4 – Avon Downtown
Development Authority is hereby adopted in its entirety as set forth in EXHIBIT C: TITLE 4 – AVON DOWNTOWN DEVELOMPENT AUTHORITY attached hereto.
Ord 23-02 Downtown Development Authority Page 3 of 3
Section 7. 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. Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision,
section, subsection, sentence, clause or phrase; the term “application” means and includes an
application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 8. 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 9. Safety Clause. 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. Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on June 13, 2023, and setting such public hearing for June 27, 2023 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado.
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on June 27,
2023. BY: ATTEST:
_____________________________ ___________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM:
____________________________ Karl Hanlon, Town Attorney
VAIL VALLEY OFFICE
30 Benchmark Road, Suite 216, PO Box 978 Avon, CO 81620
DENVER OFFICE
9618 Brook Hill Lane Lone Tree, CO 80124 970.949.5072 info@inter-mtn.net
TOWN OF AVON DDA LAND DESCRIPTION‐NORTH OF I‐70
A parcel of land located in part of Sections 7 and 8, Township 5 South, Range 81 West of
the Sixth Principal Meridian. Also being North of the Interstate 70 right‐of‐way beginning at
the Southernmost point of Tract I, Village at Avon Filing 3 and the West right‐of‐way line of
William J. Post Boulevard.
Thence Northwest along the West line of Tract I and Tract B, Village at Avon Filing 3 to the
Northwest corner of Tract B;
Thence Northeast along the North line of Tract B to the Northwest line of Tract F;
Thence Northeast to the North corner of Tract F and the Swift Gulch right‐of‐way;
Thence Southeast along the South right‐of‐way of Switch Gulch to the southeast corner of
Tract I on the west right‐of‐way line of Post Boulevard;
Thence Northeast across Swift Gulch Road to the Northwest corner of Avon Landing;
Thence Northeast to the Northernmost corner of Block 2, Avon Landing;
Thence southeast to the Northeast corner of Block 3, Avon Landing;
Thence continuing on the North line of Block 3 to the Northeast corner of Block 3;
Thence South along the East line of Avon Landing to the Southeast corner of Block 4, Avon
Landing and a point on the north right‐of‐way line of Interstate 70;
Thence continuing Northwest along the South line of Block 4, Avon Landing and the right‐
of‐way line to the Southwest corner of Block 4 also being the Southeast corner of Lot 2,
Stolport Station Subdivision;
Thence continuing Northwest along the South line of Stolport Station Subdivision to a point
on the South right‐of‐way line of Post Boulevard;
Thence Northwest across Post Boulevard right‐of‐way to the point of beginning.
TOWN OF AVON DDA LAND DESCRIPTION‐SOUTH OF I‐70
A parcel of land being part of Section 7, Township 5 South, Range 81 West and Sections 1,
2, 11, and 12, Township 5 South, Range 82 West of the Sixth Principal Meridian. Also being
South of the Interstate 70 right‐of‐way beginning at the Westernmost corner of Tract G,
Village at Avon Filing 1 on the Southeast right‐of‐way line of Tract A, Post Boulevard, also
EXHIBIT A: Legal Description
TOWN OF AVON DDA LAND DESCRIPTION‐SOUTH OF I‐70 (CONTINUED)
being the most easterly corner of Tract A; Thence Southwest along the Southeast line of
Tract A to the Northernmost corner of Lot 5, Village at Avon Filing 1;
Thence Southwest along the North line of Lot 5 to the North line of the Denver and Rio
Grande Western Railroad right‐of‐way;
Thence West along the North line of the railroad right‐of‐way to the Easternmost point of
Tract D, Village at Avon Filing 1;
Thence Northwest along the North line of Tract D and the South right‐of‐way line of Yoder
Avenue to the intersection with the East right‐of‐way line of Post Boulevard;
Thence Southeast along the East right‐of‐way line of Post Boulevard to the North right‐of‐
way line of the Union Pacific Railroad;
Thence Northwest along the North right‐of‐way line of the Railroad to the Southwest
corner of Lot 1, Village at Avon Filing 1, also being the southeast corner of Chapel Square
Subdivision; thence continuing northwest along the northerly Railroad right of way line to a
point on the southerly boundary line of Tract B‐1 of A Resubdivision of Tract B, Chapel
Square Subdivision at its intersection with the extension of the East boundary line of Lot 2
of Lot 1/2, Nottingham Station Subdivision;
Thence continuing Southwesterly along the East boundary line of Lot 2 and its extension to
the Southerly right‐of‐way line of Hurd Lane;
Thence Northwest along the South right‐of‐way line of Hurd Lane and its extension to a
point on the West right‐of‐way line of Avon Road;
Thence Northwest along the West right‐of‐way line of Avon Road to the Southeast corner
of Avon Town Square Commercial Condominiums on the North right‐of‐way line of the
railroad right‐of‐way;
Thence Northwest along the North right‐of‐way line of the railroad to the East right‐of‐way
line of Lake Street;
Thence Northeast along the East right‐of‐way line of Lake Street to the intersection with
West Beaver Creek Boulevard right‐of‐way;
Thence across Beaver Creek Boulevard to the Southernmost corner of Greenbriar
Condominiums;
Thence Northeast along the East line of Greenbriar Condominiums to the South line of the
Interstate 70 right‐of‐way line.
Thence Southeast along the South line of the Interstate 70 right‐of‐way to the Northeast
corner of Lot 1, Village at Avon Filing 1;
Thence Southeast along the East line of Lot 1 to the North line of Post Boulevard, Tract A,
Village at Avon Filing 1;
Thence Southeast along the North line of Tract A, the North right‐of‐way line of Post
Boulevard to the point of beginning.
2
EXHIBIT A: Legal Description
TOWN OF AVON DDA LAND DESCRIPTION, ADJACENT TO NOTTINGHAM ROAD
A parcel of land being a part of Section 1 and 12, Township 5 South, Range 82 West of the
Sixth Principal Meridian, County of Eagle, State of Colorado. Beginning at the East corner
of Lot 1, Block 1 of Benchmark at Beaver Creek; thence Northwest along the Southwest
boundary of Block 1 to the West corner of Lot 4;
Thence Northeast along the Northwest boundary of Lot 4 to the North corner of Lot 4, also
being a point on the South boundary line of Nottingham Road;
Thence Southeast along the South boundary line of Nottingham Road to its intersection
with the extension of the Northwest boundary line of Lot 67, of the resubdivision of Lots
67 and 68, Block 1, Benchmark at Beaver Creek;
Thence Northeast across Nottingham Road along the Northwest boundary of Lot 67 and its
extension to the North corner of Lot 67, also being the South boundary of Swift Gulch
Road;
Thence Southeasterly along the South boundary line of Swift Gulch Road to the East corner
of Lot 68 of the resubdivion of Lots 67 and 68, Block 1, Benchmark at Beaver Creek;
Thence Southwest along the Southeast boundary of Lot 68 to the South corner of Lot 68
also a point on the North right‐of‐way boundary line of Interstate Highway 70;
Thence continuing along the North right‐of‐way boundary line of Interstate Highway 70 to
the point of beginning.
3
EXHIBIT A: Legal Description
DRAFT CONCEPT PLAN 2023DOWNTOWN DEVELOPMENT
AUTHORITY
N
TOTAL ACREAGE OF AVON TOWN LIMITS: 5391.36 ACTOTAL ACREAGE OF PROPOSED DDA AREA: 294.1 AC OR 5.5% OF THE TOWN OF AVON
DRAFT CONCEPT PLAN 2023DOWNTOWN DEVELOPMENT
AUTHORITY
N
TOTAL ACREAGE OF AVON TOWN LIMITS: 5391.36 ACTOTAL ACREAGE OF PROPOSED DDA AREA: 294.1 AC OR 5.5% OF THE TOWN OF AVON
EXHIBIT C – TITLE 4 – Avon Downtown Development Authority
Title 4 – Avon Downtown Development Authority
4.04 Establishment. There is hereby established the Avon Downtown Development Authority, which
shall be referred to as the Avon DDA.
4.04.010 Purpose. The purposes of the Avon DDA are set forth generally in the DDA Statutes and set
forth more specifically in the DDA Plan.
4.04.020 Authority. The Avon DDA shall have all authority set forth in the DDA Statutes and all authority
under the Town of Avon’s Home Rule Charter.
4.04.030 Interpretation. The DDA Statutes and this Title 4 shall be liberally construed to effect the
purposes and objects of this Title 4. This Title 4 shall supersede the DDA Statutes in the event of any
conflict.
4.08 Definitions. The definitions set forth the in DDA Statutes shall apply unless the conflict with any
provision in this Title 4.
Avon DDA means the Avon Downtown Development Authority as authorized and defined in C.R.S. §31-
25-801 et. seq.
DDA Board means the board of the Avon DDA
DDA Plan means the plan of development document for the Avon DDA that is required to be adopted in
the DDA Statutes.
DDA Statutes means C.R.S. §31-25-801 et. seq.
TIF means tax increment financing
4.12 Duties. The DDA Board shall have the following duties:
4.12.010. Review and Approval Authority.
(1) DDA Plan. The DDA Board shall review and adopt a DDA Plan, which shall be subject to
concurring Council approval.
(2) DDA Budget. The DDA Board shall review and adopt the annual DDA budget, and any
revisions thereto, which shall be subject to concurring Council approval.
(3) Plan of Development Area. The DDA Board shall review any Plan of Development Area and
shall provide recommendations to the Council on the adoption of any Plan of Development
Area.
4.12.020 Public Hearing.
The DDA Board shall conduct a public hearing prior to taking action to adopt a DDA Plan, adopt the
annual DDA budget or any amendments thereto, or adopt a recommendation on a Plan of Development
Area.
EXHIBIT C – TITLE 4 – Avon Downtown Development Authority
4.12.030 Criteria for Actions.
The DDA Board shall consider whether proposed actions support or advance the purposes of the DDA
Plan, DDA Statutes, or Avon Comprehensive Plan which considering any actions within the review and
approval authority of the DDA Board.
4.12.040 Time for Action.
The DDA Board shall take action on the adoption of the DDA Plan or recommendation of a Plan of
Development Area within seventy-five (75) days of referral of such documents and shall take action on
the annual budget or any amendments to the annual budget within forty-five (45) days of referral of such
document. The failure to take action to adopt or recommend a document referred to the DDA Board
within the defined timeframe shall be deemed an approval of the DDA Board unless Council extends the
time for such action.
4.16 Relationship to Council. The actions of the DDA Board shall be subject to review and approval of
Council:
(1) DDA Plan. The adoption of the DDA Plan and any amendments to the DDA Plan by the DDA Board
shall be subject to approval by Council.
(2) Budget. The adoption of the annual budget and any revisions to the annual budget for the DDA shall
be subject to approval by Council. Council shall have the authority to adopt the DDA budget as may be
required for to satisfy debt payments and contractual terms.
(3) Plan of Development Area. The approval of a Plan of Development Area which receives DDA TIF
funding by the Avon DDA shall be approved by Council after considering recommendations of the DDA
Board.
4.20 Board Membership. The DDA Board shall be composed of five (5) to eleven (11) members
appointed by the Council, which shall include one (1) member of Council.
4.24 Qualifications of DDA Board Members. The qualifications of DDA Board members are set forth in
the DDA Statutes.
4.28 Quorum. A majority of the duly appointed members of the DDA Board 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.
4.32 Term. The term of office for a DDA Board member shall be four (4) years on an overlapping tenure.
The initial terms shall be staggered as set forth in C.R.S. §31-25-805(2).
4.36 Vacancies. A vacancy on the DDA Board shall occur whenever a member of the DDA Board is
removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a
period of ninety (90) days, resigns, ceases to be a qualified member of the DDA Board or is convicted of
a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and
serve the remainder of the term of the former member.
EXHIBIT C – TITLE 4 – Avon Downtown Development Authority
4.40 Removal from Office. A members of the DDA Board 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 DDA Board member stating the grounds for removal at least three (3)
days prior to the hearing.
4.44 Officers. The DDA Board shall select its own chairperson, a vice chairperson and a secretary from
among its members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer
of its meeting. In the absence of both the chair and the vice chair from a meeting, the members present
shall appoint a member to serve as acting chair at the meeting.
4.48 Compensation. All members of the DDA Board shall serve with compensation at a rate established
annually by the Council and shall be reimbursed for all authorized personal expenses incurred while
performing duties as a DDA Board member.
4.52 Staff. The Town Manager shall serve as the Executive Director of the DDA Board and shall provide
for the service of a recording secretary who shall act in the capacity of secretary for the DDA Board.
4.56 Rules and Regulations. The DDA Board 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 DDA Board
shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall
approve the rules or amendment and direct their adoption by the DDA Board 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 DDA Board may provide for
certain variances, exceptions and exemptions from the requirements of its rules and regulations.
4.60 Meetings. The DDA Board shall meet in accordance with the rules of procedure governing the Avon
DDA 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.
4.64 Authority to Retain Consultants. The DDA Board may request the Town to retain the services of
one (1) or more consultants, provided that funds have been appropriated by the Town for said purpose,
to advise and assist the DDA Board in performing the functions prescribe in this Title 4. The consultants
may be retained to advise the DDA Board on a single project, on a number of projects or on a continuing
basis.
Town of Avon
Downtown
Development
Authority Plan
2023
Avon Downtown Development Authority Plan
May 31, 2023 - DRAFT
Page 1 of 13
DEFINITIONS:
Avon Downtown Area means the area designated as the Avon Downtown Development Authority
boundary which is a portion of the Avon Central Business District.
Benchmark Area means the portion of the original plat of Avon which includes the mixed-use commercial
areas east of Lake Street, west of the Village (at Avon) and including the Nottingham Station and
commercial areas on the north side of the Avon Road – I-70 Interchange.
CARADA means the Consolidated and Restated Annexation and Development Agreement between the
Town of Avon and Traer Creek, LLC concerning the development of the Village (at Avon).
Community Housing means housing which meets the definition stated in Avon Municipal Code §3.14.020.
Comprehensive Plan means the Avon Comprehensive Plan; the West Town Center District Investment
Plan; the East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the 2016
Recreational Trails Master Plan; and the Town of Avon Comprehensive Transportation Plan, any other
document adopted as a supplement or sub-area plan of the Avon Comprehensive Plan, as all such
documents may be amended from time to time, provided that such amendments or supplemental
documents are adopted by ordinance.
Council means the Town Council of the Town of Avon.
DDA Plan means this Avon Downtown Development Authority Plan adopted in accordance with the DDA
Statutes.
DDA Statutes means the authority to organize Downtown Development Authorities set forth in C.R.S. §31-
25-801 et. seq.
Village (at Avon) means the portion of the Village (at Avon) development, which is situated on the valley
floor, including Planning Areas A, B, C, D, E, F, G, H and J.
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1.0 INTRODUCTION
1.1 Statutory Authority. Colorado statutes set forth the authority to organize Downtown
Development Authorities in C.R.S. §31-25-801 et. seq. (“DDA Statutes”). This Downtown
Development Authority Plan document (“DDA Plan”) is intended to meet the requirements of the
Downtown Development Authority statutes to adopt a Plan document. This DDA Plan shall be
liberally construed to effect the purposes and objectives set forth in this DDA Plan. C.R.S. §32-
25-801(2) states:
The general assembly determines, finds, and declares that because of a number of atypical factors and special conditions concerning downtown development unique to each locality, the rule of strict construction shall have no application to this part 8, but it shall be liberally construed to effect the purposes and objects for which it is intended.
1.2 Purpose. The legislative declaration is set forth in C.R.S. §31-25-801(a) states the purposes
as:
a. Will serve a public use;
b. Will promote the health, safety, prosperity, security, and general welfare of the inhabitants
and people of this state;
c. Will halt or prevent deterioration of property values or structures within central business
districts;
d. Will halt or prevent the growth of blighted areas within such districts; and
e. Will assist municipalities in the development and redevelopment of such districts and in the
overall planning to restore or provide the continuance of the health thereof; and
f. Will be of especial benefit to the property within he boundaries of the authority.
In particular and more specifically, the purpose of the Avon DDA includes development of Community
Housing in the Avon Downtown Area to provide additional workforce housing and to sustain and
enhance a critical mass of residents in the Avon Downtown Area necessary to support neighborhood
businesses and to support the public infrastructure and public facilities which sustain and enhance
the attractiveness of business investment in the Avon Downtown Area.
1.3 Formation Process. The formation process followed the DDA Statutes and included review for
comment and recommendation by the Avon Finance Committee and outreach to Eligible Voters,
interested members of the public, affected taxing entities, and other stakeholders.
1.4 Eligible Voters. Eligible Voters include residents in the DDA boundaries who are registered to
vote in Colorado, property owners and business lessees, as defined in the DDA Statutes.
1.5 Governing Body. The governing body of the DDA is comprised of qualified persons who are
appointed by Council and as may be further defined in the Avon Downtown Development
Authority Chapter of the Avon Municipal Code.
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1.6 Administration. Administration of the Avon Downtown Development Authority shall be provided
by the Town Manager, the Town of Avon staff, and such consultants as may be retained by the
Town of Avon.
1.7 Financing. Financing for the Avon Downtown Development Authority shall occur through Tax
Increment Financing and debt financing authorized by the DDA Statutes, contributions by the
Town of Avon as may occur in the Council’s sole discretion, and such partnership agreements
as may be approved by the DDA Board and the Council.
2.0 AVON DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARY
2.1 Statutory Authorization. The DDA Statutes authorize the designation of a Downtown Area
within the Central Business District.
2.2 Boundary. The Boundary of the Avon DDA is depicted below and described more specifically
in Appendix A.
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2.3 Analysis. The Benchmark Area was originally approved in the late 1970’s and includes the East
Town Center and West Town Center commercial areas. The Village (at Avon) was approved in
1998. Interchanges on I-70 were constructed for Avon Road and Post Boulevard. A majority of
parcels in the Benchmark Area have been developed, although there are numerous properties
which are underdeveloped in relationship to zoning and desired high-density mixed-use
development envisioned in the Comprehensive Plan. The Village (at Avon) is partially
developed. The DDA Boundary area focuses on the area of Avon’s central business district that
zones and envisions mixed-use development with high-density residential, accommodations,
neighborhood commercial and regional retail and services.
3.0 EXISTING CONDITIONS
3.1 Description of Area. The DDA Plan area includes 294.1 acres of land centrally located on the
valley floor, as properly described in Appendix A . The boundary is bordered to the West by
Lake Street and Harry A. Nottingham Park. The South boundary generally follows the Union
Pacific Railway except for Nottingham Station, a grouping of underdeveloped commercial
properties ripe for redevelopment. The North boundary generally follows Interstate 70, except
for Neighborhood Commercial zoned properties at the Avon Road Interchange, and Planning
Area J at the Post Boulevard Interchange.
Properties within the DDA Plan area are generally undeveloped or underdeveloped based on
existing entitlements and Comprehensive Plan documents. Circulation systems are mostly in
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place. One notable exception is a future “North Road” to parallel East Beaver Creek Boulevard
through the undeveloped valley floor in the Village (at Avon). Realignment of Benchmark Road
from Roundabout 4 to connect with the Village (at Avon) road system is also a major effort
identified the Comprehensive Plan.
3.2 Village (at Avon).
a. Street Infrastructure. Major development within the Village (at Avon) between East Town
Center and Post Boulevard will require street extensions and a new “North Road” be
constructed. All dimensional road standards and triggers for construction are maintained in
the Village (at Avon) PUD.
b. Development Areas. The DDA Plan Boundary focuses on Planning Areas A, B, C, D, E,
and F in the valley floor, and Planning Area J on the north side of Interstate 70.
Planning Area A will add significant mixed-use development, effectively extending the Town
Center density further east. Planning Area A measures 43 acres and includes entitlements
for most residential and commercial land uses, including hospital use and hotel use with
increased building heights. Development is anticipated to be dense, with increased site
coverage and a more urban development pattern akin to the East and West Town Center
areas.
Planning Area B is Town owned, centrally located “Community Facility” parcel dependent
on adjacent planning and development activities. This 4 acre parcel is expected to
accommodate the needs of future residents and guest to the area, and is required to include
water storage and features. The boundaries of Planning Area B may be modified through
development and significant adjacent infill.
Planning Area C is another planned mixed-use area with 24 acres (before North Road
construction) of potential development between Interstate 70 and the planned linear park
system.
Planning Area D includes the balance of mixed-use valley floor development potential, with
14.4 acres. This area is zoned for 18 units per acre and also includes hotel and guest
accommodation possibilities, educational uses, and hospital uses.
Planning Area E is owned by the Town of Avon and is earmarked for educational uses.
Current plans include an early childcare facility with ancillary housing for educators. This
planning area is centrally located with adjacency to Post Boulevard.
Planning Area F includes the Piedmont apartments on the south half of the site. While
commercial uses are permitted, it is anticipated that with additional high density housing will
be developed here.
Planning Area J currently houses the Eagle County Paramedics facility. A 240 unit hotel
and gas station are under construction, with more planned development around Wagon Trail
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Road and the Interstate 70 Interchange. Uses will be more commercial in nature, however,
Community Housing opportunities have been identified in this area.
c. Parks and Trails. A linear park (“P1”) and path are planned to stretch from Post Boulevard
all the way to Planning Area B. Additionally, a pocket park is located between Home Depot
and Wal-Mart. Connectivity of private development to local and regional trail systems will be
an integral part of infill development.
d. Early Childhood Education. Plans for an Avon-based early childcare education facility are
planned for Planning Area E. This facility would be a first of its kind in Avon public-private
partnership, including Community Housing for educators on-site.
e. Parking Structure. Parking structure(s) development is anticipated, especially in Planning
Area A where density and site coverage will necessitate facilities.
f. Development Entitlements. The Village (at Avon) PUD and Development Plan contains
full vesting until October 20, 2039, with a total of 825,000 sq. ft. of Commercial Uses and
2,400 Dwelling Units. Portions of the Village (at Avon) may develop additional commercial
square footage and density. At least 500 of the dwelling units must meet employee housing
definitions, comparable to Community Housing definition herein.
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3.3 East Avon. This East Avon area is largely characterized as “suburban” development with mostly
1-2 story buildings surrounded by large surface parking. The lot layout is inconsistent, and street
network is inadequate for the planned redevelopment. This area is poised for redevelopment of
underutilized parcels. Primary redevelopment will include the realignment of Benchmark Road
from Roundabout 4 to the connection with the Village (at Avon), infill Community Housing, and
supporting commercial uses in a more walkable layout. A parking facility or multiple smaller
facilities will likely replace the expansive surface parking that currently exists.
3.4 West Avon. The West Avon district contains a mix of high-density mixed-use development.
Notable infill parcels include Lot B and Lot 3. A Parking Structure will likely be necessitated with
planned growth in the area, with proximity to park, gondola, and all commercial uses in the Town
Core. Sun Road can be viewed as one of the most underdeveloped set of four “Town Center”
zoned parcels. Finishing the Main Street Pedestrian Mall and connecting with Harry A.
Nottingham Park has been identified in the Comprehensive Plan as a top priority.
3.5 Nottingham Station. This area contains one story shops and a fast-food operator. Additional
development and/or redevelopment is expected given the location to essential services and
other guest services, including the Riverfront Gondola.
3.6 Northside Commercial. The Northside area includes two gas stations, a tire/lube shop, and
two vacant properties. Neighborhood Commercial (“NC”) Zoning accommodates an influx of
Community Housing potential, with other supporting commercial activities.
3.7 Blight Conditions. Avon has identified numerous conditions in the DDA Plan area that meet the
character and conditions meeting the definition of Blighted Area per C.R.S. §31-25-802:
“Blighted area” means an area within the central business district which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy,
accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, unusual topography, defective or unusual conditions of title rendering the title nonmarketable, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the central business district, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use.
Attachment C to this DDA Plan documents several occurrences of deteriorated structures,
inadequate street layout, unsafe intersections, inadequate vehicular and pedestrian access, and
faulty lot layouts.
4.0 RELATIONSHIP TO COMPREHENSIVE PLAN. This DDA Plan is intended to promote and support
specific projects and related private projects and investment which are compatible with the
Comprehensive Plan, and each of the sub-plans of the Comprehensive Plan. The Comprehensive
Plan and each of its sub-plans shall be considered, especially the Avon Community Housing Plan.
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5.0 PLAN OBJECTIVES
5.1 Introduction. The DDA Plan is intended to sustain and enhance the long-term commercial
health of Downtown Avon by increasing Community Housing and funding public infrastructure
and facilities which promote business investment. Mixed-Use developments and integration of
Community Housing into the Commercial Core will promote a walkable, pedestrian friendly and
transit oriented built environment that will create desirable neighborhoods while implementing
climate action strategies. A critical mass of full-time residents will support and sustain
neighborhood businesses, which in turn will increase the uniqueness and attractiveness of Avon
as a destination for visitors. The combination of commercial and residential uses will further
promote development and redevelopment of the entire Downtown as an urban “neighborhood”
with retail, business, lodging, residential, civic, cultural and public elements while physically
connecting existing uses and improving circulation among multiple forms of transportation.
5.2 Community Housing. Current zoning in Benchmark portion of Downtown Avon allows for
redevelopment with an estimated 750-1500 residential units, depending upon the mix of
commercial units. Current entitlements in the Village (at Avon) portion of Downtown Avon allows
for development with an estimated 800 to 1,400 additional residential units, depending upon the
mix of accommodations development. The Avon Community Housing Plan states a goal to
maintain full-time residential use in at least 50% of Avon’s residential development. The number
of Community Housing residential units in Downtown Avon required to meet this goal in the Avon
Community Housing Plan at full build-out may range from 775 to 1,450 total units. Another
objective is to provide adequate workforce housing to meet the needs of employers in Avon.
The Eagle County Climate Action Collaborative Plan states a goal to construct workforce housing
within five miles of job locations. The Town of Avon’s Downtown Area is uniquely within 5 miles
of the accommodation and commercial cores of Avon, Beaver Creek/Bachelor Gulch, and
Edwards and within nine miles of the Town of Vail’s commercial and accommodation areas.
Avon’s Downtown Area is served by the Town of Avon’s fare free bus transit and is centrally
located within the Eagle Valley Transportation Authority fare free zone for expanded bus transit.
5.3 Public Infrastructure and Facilities. The development of a high-density, mixed-use urban
Downtown Area will require significant investment in public infrastructure and facilities. Public
infrastructure investment will be particularly important for parking structures and street
realignment associated with redevelopment of East Avon and the Sun Road Sub-Area District.
Investment in public facilities which serve an expanding residential population as well as
supports Avon’s visitor economy may include expansion of the Avon Recreation Center,
development of the Planning Area B (Park and Lake area) in the Village (at Avon), and
development of recreational trail connections. Support for early childhood educational facilities
will also enhance the attractiveness of the Downtown Area as a desirable place for workforce
living.
6.0 POTENTIAL PROJECTS. The potential projects listed in this section is not intended to be an
exhaustive, exclusive or definitive list; rather, all viable projects which advance the purpose and
objectives of the DDA Plan should be considered for support by the DDA Board. This list provides
a short overview of current ideas on projects that may benefit from financial support from a DDA.
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6.1 Community Housing. There is a severe shortage of workforce housing. Community Housing
projects are a priority focus of the DDA Plan. 50% of the funding of the DDA revenues over the
life of the DDA shall be allocated to support the development of new Community Housing,
acquisition of deed restrictions on existing residential stock, or other programs and strategies to
increase workforce housing in the Downtown Area.
6.2 Parking Structures. Public parking structures are desired to serve a growing population and
increased visitor base. Possible locations for parking structures include the Avon Recreation
Center parking lot, Lot B [insert subdivision name], the Sun Road Sub-District Area, East Avon in
coordination with redevelopment, and the Village (at Avon) in Planning Area A in coordination
with a large scale hotel development.
6.3 Streets and Utilities. Street and utilities projects may include any street and utility extension, or
upgrade required for a Community Housing project; realignment of the street route between
Round-About 4 and the entrance to the Village (at Avon) adjacent to Chapel Square (comprised
of East Benchmark Road, a portion of Beaver Creek Place, and Chapel Place); and, realignment
or redevelopment of Sun Road.
6.4 Parks and Trails. The Village (at Avon) includes the dedication of Planning Area B, which is a
four acre park property that is the probable location for a small lake as described in the CARADA.
Planning Area B is intended to be coordinated and integrated with the development of Planning
Area A and the final location is likely to change based on development configuration and block
platting for Planning Area A in the Village (at Avon). An interior recreation trail is planned to
connect Post Blvd to Planning Area B.
6.5 Public Facilities. Public facilities may include expansion of the Avon Recreation Center and
construction of an early childhood education center.
7.0 PROJECT FINANCING
7.1 Public Investment Objective. It is the intent of Council and the DDA Board that the public
sector play a significant role in revitalization efforts as a strategic partner. However, experience
has proven that a critical component to the success of any revitalization strategy is participation
by both the public and private sector. Leveraging of resources will be key as no one entity, either
public or private, has sufficient resources alone to sustain a long-term improvement effort.
7.2 Authorization. The DDA Board may approve financing this DDA Plan by any method authorized
under the DDA Statutes or any other applicable law, including without limitations, the following:
issuance of notes and bonds in an amount sufficient to financing all or part of this DDA Plan;
borrowing of funds and creation of indebtedness; advancement and reimbursement agreements;
federal or state loans or grants; interest income; annual appropriation agreements; agreements
with public or private entities; and loans, advances and grants for any other available sources.
The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully
available funds of the Authority.
Avon Downtown Development Authority Plan
May 31, 2023 - DRAFT
Page 10 of 13
7.3 Project Revenues
a. Tax Increment Financing. The primary method of financing this DDA Plan is expected to be
the use of property tax increments as authorized by the DDA Statutes. The property tax
increments will be collected, divided, distributed, utilized and in all other ways administered
as set forth in the DDA Statutes.
b. Funding Agreements. The Town and DDA Board may enter into agreements with other
public bodies and private parties to provide financial assistance in support of development
projects consistent with this Plan as may be more fully set forth in the provisions of such
agreements. Existing agreements between the Town and private parties that are consistent
with this DDA Plan are intended to remain in full force and effect.
c. Confluence Metropolitan District, Avon Station Metropolitan District, Village Metropolitan
Districts. The Town has entered into an intergovernmental agreement dated ______________,
2023 with Avon Station Metropolitan District, Confluence Metropolitan Districts, and Village
Metropolitan Districts (“District IGAs”). Pursuant to the District IGAs, the DDA Board shall
remit to the Districts any tax increment receipts resulting from real property taxes and
specific ownership taxes from property within the boundaries of the Districts as of the date
of the District IGA, other than Lot B of the Avon Station Metropolitan District (as described
in the District IGAs), that would otherwise be payable to the Districts, except for any
incremental real property taxes or specific ownership taxes generated by an increase in the
total number of permitted dwelling unites or commercial square footage in the zoning
entitlements existing as of the date of the District IGAs. The Town shall continue to remit
such receipts, if any, to the Confluence Metropolitan District and Avon Station Metropolitan
Districts until December 31, 2047. [NOTE: This section needs more legal review]
7.4 Financing Mechanisms and Structures. The Plan is designed to provide for the use of tax
increment financing as one tool to facilitate investment and reinvestment within the Area. The
Authority is committed to making a variety of strategies and mechanisms available which are
financial, physical, market and organizational in nature. It is the intent of the Town Council and
the Authority to use the tools either independently or in various combinations. Given the
obstacles associated with infill development, the Authority recognizes that it is imperative that
solutions and resources be put in place that re comprehensive, flexible and creative. Such
resources may include, without limitation, special districts and improvement districts approved
by the Town Council.
8.0 PROJECT APPROVAL PROCESS. Projects which are proposed to be financed in whole or in part
with DDA tax increment financing sources shall be reviewed by the DDA Board to determine if such
project advances the purposes and objectives in this DDA Plan. The DDA Board shall conduct such
work sessions as are appropriate. Projects be subject to: review and recommendation by the Avon
Planning and Zoning Commission as set forth in the Avon Development Code; review, comment and
recommendation by the Avon Financing Committee; and review and concurring approval by Council.
The DDA Board, Avon Planning and Zoning Commission, Avon Finance Committee and Council
shall each conduct a public hearing prior to taking final action or providing a recommendation.
Avon Downtown Development Authority Plan
May 31, 2023 - DRAFT
Page 11 of 13
9.0 PLAN AMENDMENTS
9.1 Process. The process for amendments to the DDA Plan allows parties responsible for
implementing this DDA Plan to periodically evaluate its effectiveness and make adjustments to
ensure efficiency in implementing the recommended Plan Objectives and DDA Projects. The
DDA Plan may be amended at any time. If amended after the lease or sale by the DDA of real
property in the DDA Boundary Area, such modification shall be subject to such rights at law or
in equity as a lessee or purchaser or his successor in interest may be entitled to assert. The
DDA Board or the Avon Town Council may initiate amendments to the DDA Plan. Proposed
amendments shall be referred to the Avon Planning and Zoning Commission and the Avon
Finance Committee for review, comment, and recommendation. The DDA Board shall consider
the comments and recommendations of the Avon Planning and Zoning Commission before
taking action on the DDA Plan document. The DDA Board, Avon Planning and Zoning
Commission, Avon Finance Committee, and Avon Town Council shall each conduct at least one
public hearing before taking action on a proposed amendment to the DDA Plan.
9.2 Content. Amendments to the DDA Plan may include boundary adjustments, changes to the
DDA Plan text, updates to information and inclusion of new or updated studies, updates to
financing sources and uses, other amendments authorized in the Avon Municipal Code, and
other amendments authorized by the DDA Act.
9.3 Review. Each entity which reviews amendments to the DDA Plan may consider change in
conditions within the Downtown Development Authority boundary; local, state or national
economic changes which may impact the DDA Plan; and whether the proposed amendments to
the DDA Plan may improve achieving the purpose of the DDA Plan and implementation of DDA
Plan Objectives.
9.4 Adoption. Amendment to the DDA Plan shall be adopted by a Resolution of the DDA Board and
the Avon Town Council.
10.0 MISCELLANEOUS
10.1 Cooperation Agreements. For the purposes of implementing this Plan, the Authority may enter
into one or more Cooperation Agreements with the Town or other public bodies pursuant to the
Act. Such Cooperation Agreements may include, without limitation, agreements regarding the
planning or implementation of this Urban Renewal Plan and its projects, as well as programs,
public works operations, or activities which the Authority, the Town or such other public body is
otherwise authorized by law to undertake, including without limitation, agreements respecting
the financing, installation, construction and reconstruction of public improvements, utility line
relocation, storm water detention, environmental remediation, landscaping and/or other eligible
improvements within the Urban Renewal Area.
10.2 Interpretation. The language in this Urban Renewal Plan shall be interpreted to conform to the
Act, and if there is any conflict between the Ac and this Urban Renewal Plan, the provisions of
the Act shall control.
Avon Downtown Development Authority Plan
May 31, 2023 - DRAFT
Page 12 of 13
10.3 Severability. If any portion of the Urban Renewal Plan is held to be invalid or unenforceable,
such invalidity will not affect the remaining portions of the Urban Renewal Plan.
APPENDIX A: Downtown Development Authority Boundary
APPENDIX B: Avon Employer Workforce Housing Survey (Results Pending)
APPENDIX C: Blight Study/Inventory (2023)
APPENDIX A
VAIL VALLEY OFFICE
30 Benchmark Road, Suite 216, PO Box 978 Avon, CO 81620
DENVER OFFICE
9618 Brook Hill Lane Lone Tree, CO 80124 970.949.5072 info@inter-mtn.net
TOWN OF AVON DDA LAND DESCRIPTION‐NORTH OF I‐70
A parcel of land located in part of Sections 7 and 8, Township 5 South, Range 81 West of
the Sixth Principal Meridian. Also being North of the Interstate 70 right‐of‐way beginning at
the Southernmost point of Tract I, Village at Avon Filing 3 and the West right‐of‐way line of
William J. Post Boulevard.
Thence Northwest along the West line of Tract I and Tract B, Village at Avon Filing 3 to the
Northwest corner of Tract B;
Thence Northeast along the North line of Tract B to the Northwest line of Tract F;
Thence Northeast to the North corner of Tract F and the Swift Gulch right‐of‐way;
Thence Southeast along the South right‐of‐way of Switch Gulch to the southeast corner of
Tract I on the west right‐of‐way line of Post Boulevard;
Thence Northeast across Swift Gulch Road to the Northwest corner of Avon Landing;
Thence Northeast to the Northernmost corner of Block 2, Avon Landing;
Thence southeast to the Northeast corner of Block 3, Avon Landing;
Thence continuing on the North line of Block 3 to the Northeast corner of Block 3;
Thence South along the East line of Avon Landing to the Southeast corner of Block 4, Avon
Landing and a point on the north right‐of‐way line of Interstate 70;
Thence continuing Northwest along the South line of Block 4, Avon Landing and the right‐
of‐way line to the Southwest corner of Block 4 also being the Southeast corner of Lot 2,
Stolport Station Subdivision;
Thence continuing Northwest along the South line of Stolport Station Subdivision to a point
on the South right‐of‐way line of Post Boulevard;
Thence Northwest across Post Boulevard right‐of‐way to the point of beginning.
TOWN OF AVON DDA LAND DESCRIPTION‐SOUTH OF I‐70
A parcel of land being part of Section 7, Township 5 South, Range 81 West and Sections 1,
2, 11, and 12, Township 5 South, Range 82 West of the Sixth Principal Meridian. Also being
South of the Interstate 70 right‐of‐way beginning at the Westernmost corner of Tract G,
Village at Avon Filing 1 on the Southeast right‐of‐way line of Tract A, Post Boulevard, also
TOWN OF AVON DDA LAND DESCRIPTION‐SOUTH OF I‐70 (CONTINUED)
being the most easterly corner of Tract A; Thence Southwest along the Southeast line of
Tract A to the Northernmost corner of Lot 5, Village at Avon Filing 1;
Thence Southwest along the North line of Lot 5 to the North line of the Denver and Rio
Grande Western Railroad right‐of‐way;
Thence West along the North line of the railroad right‐of‐way to the Easternmost point of
Tract D, Village at Avon Filing 1;
Thence Northwest along the North line of Tract D and the South right‐of‐way line of Yoder
Avenue to the intersection with the East right‐of‐way line of Post Boulevard;
Thence Southeast along the East right‐of‐way line of Post Boulevard to the North right‐of‐
way line of the Union Pacific Railroad;
Thence Northwest along the North right‐of‐way line of the Railroad to the Southwest
corner of Lot 1, Village at Avon Filing 1, also being the southeast corner of Chapel Square
Subdivision; thence continuing northwest along the northerly Railroad right of way line to a
point on the southerly boundary line of Tract B‐1 of A Resubdivision of Tract B, Chapel
Square Subdivision at its intersection with the extension of the East boundary line of Lot 2
of Lot 1/2, Nottingham Station Subdivision;
Thence continuing Southwesterly along the East boundary line of Lot 2 and its extension to
the Southerly right‐of‐way line of Hurd Lane;
Thence Northwest along the South right‐of‐way line of Hurd Lane and its extension to a
point on the West right‐of‐way line of Avon Road;
Thence Northwest along the West right‐of‐way line of Avon Road to the Southeast corner
of Avon Town Square Commercial Condominiums on the North right‐of‐way line of the
railroad right‐of‐way;
Thence Northwest along the North right‐of‐way line of the railroad to the East right‐of‐way
line of Lake Street;
Thence Northeast along the East right‐of‐way line of Lake Street to the intersection with
West Beaver Creek Boulevard right‐of‐way;
Thence across Beaver Creek Boulevard to the Southernmost corner of Greenbriar
Condominiums;
Thence Northeast along the East line of Greenbriar Condominiums to the South line of the
Interstate 70 right‐of‐way line.
Thence Southeast along the South line of the Interstate 70 right‐of‐way to the Northeast
corner of Lot 1, Village at Avon Filing 1;
Thence Southeast along the East line of Lot 1 to the North line of Post Boulevard, Tract A,
Village at Avon Filing 1;
Thence Southeast along the North line of Tract A, the North right‐of‐way line of Post
Boulevard to the point of beginning.
2
TOWN OF AVON DDA LAND DESCRIPTION, ADJACENT TO NOTTINGHAM ROAD
A parcel of land being a part of Section 1 and 12, Township 5 South, Range 82 West of the
Sixth Principal Meridian, County of Eagle, State of Colorado. Beginning at the East corner
of Lot 1, Block 1 of Benchmark at Beaver Creek; thence Northwest along the Southwest
boundary of Block 1 to the West corner of Lot 4;
Thence Northeast along the Northwest boundary of Lot 4 to the North corner of Lot 4, also
being a point on the South boundary line of Nottingham Road;
Thence Southeast along the South boundary line of Nottingham Road to its intersection
with the extension of the Northwest boundary line of Lot 67, of the resubdivision of Lots
67 and 68, Block 1, Benchmark at Beaver Creek;
Thence Northeast across Nottingham Road along the Northwest boundary of Lot 67 and its
extension to the North corner of Lot 67, also being the South boundary of Swift Gulch
Road;
Thence Southeasterly along the South boundary line of Swift Gulch Road to the East corner
of Lot 68 of the resubdivion of Lots 67 and 68, Block 1, Benchmark at Beaver Creek;
Thence Southwest along the Southeast boundary of Lot 68 to the South corner of Lot 68
also a point on the North right‐of‐way boundary line of Interstate Highway 70;
Thence continuing along the North right‐of‐way boundary line of Interstate Highway 70 to
the point of beginning.
3
APPENDIX B
Q1. Avon Employer Workforce Housing Questionnaire
The Avon Town Council recognizes that the severe shortage of workforce
housing is impacting all employers in our community. The Avon Town Council is
proposing the formation of a Downtown Development Authority which would
create a new source of funds for Community Housing and Public Improvements
in the Avon Commercial Core area. No new or increased taxes are proposed.
Town of Avon is conducting a survey of employers in Avon to gather data on
the shortage of workforce housing and impacts to staffing in order to determine
the best housing projects to meet the needs of Avon’s employers. The results of
this survey will be included as an appendix to an Avon Downtown Development
Authority Plan document. Individual business information provided in this survey
will remain confidential as proprietary and financial information under the
Colorado Open Records Act.
The deadline to complete this survey is June 9th, 2023
Q2. Please list the name of your business.
Q3. From the options below, please select the business type that best fits your
business. Please select all that apply.
Lodging
Restaurant
Retail
Office/Services/Consulting
Government/Non-Profit
Construction/Landscaping
Architecture/Engineering
Financing/Accounting/Law Firm
Spa/Salon/Hair Care
Healthcare/Dental
Other (please specify)
Q4. On average, how many FULL-TIME employees do you retain?
Summer Winter Year Round
Q5. On average, how many PART-TIME employees do you retain?
Summer Winter
Q6. Thinking about this past 2022 SUMMER season, how many vacant positions
were you NOT able to fill due to the lack of workforce housing in Avon? Please
enter a numerical value.
Vacant Positions:
Q7. Thinking about this past 2022/2023 WINTER season, how many vacant
positions were you NOT able to fill due to the lack of workforce housing in Avon?
Please enter a numerical value.
Vacant Positions:
Q8. At what salary level positions have you had the most trouble filling due to
the lack of workforce housing? Please select all that apply.
$30K - $39K $40K - $49K $50K - $59K $60K - $69K
$70K - $79K $80K - $89K $90K - $99K $100K - $119K
$120K - $129K $130K - $139K $140K and over
Q9. Please rate how well you Agree or Disagree with the following statements
regarding your business operations over the past year.
Q10. If opportunities to purchase workforce housing for your employees were
available, would you want to learn more about investing in workforce housing?
Yes No
Q11. In your own words, please describe how the shortage of workforce housing
has impacted your business.
Q12. In your own words, please describe how the shortage of workforce housing
has impacted your business, and whether you think there is a need for more
affordable rental or for-sale inventory.
APPENDIX C
Downtown Development Authority
Blight Study / Inventory
2023
This document presents the general conditions for the Avon Downtown Development Authority (“DDA”)
Blight Study (“Study”). Community Development observed these conditions in the DDA boundary area in
April, 2023.
This Study aims to establish the existing conditions of the DDA area currently exhibiting degrading physical, environmental, and social factors. For purposes of this Study, the definition of blight is as follows:
“Blighted area” means an area within the central business district which, by reason of the presence
of a substantial number of deteriorated or deteriorating structures, predominance of defective or
inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness,
unsanitary or unsafe conditions, deterioration of site or other improvements, unusual topography,
defective or unusual conditions of title rendering the title nonmarketable, or the existence of conditions which endanger life or property by fire and other causes, or any combination of
such factors, substantially impairs or arrests the sound growth of the central business district,
retards the provision of housing accommodations, or constitutes an economic or social liability
and is a menace to the public health, safety, morals, or welfare in its present condition and use.
Blight determination is based upon an area “taken as a whole,” not on a building-by-building basis.
Redominance of defective or inadequate street layout
Deteriorated or deteriorating structures
Obvious indications of disrepair and deterioration to the exterior of a structure include: Primary Elements (exterior walls,
visible foundation, roof) Secondary Elements (fascia / soffits, gutters / downspouts, windows / doors, fagade finishes,
loading docks, etc.) Ancillary Structures ( detached garages, storage buildings, etc.)
The presence of this factor is determined through a combination of both field observation as well as an analysis of the existing transportation network and vehicular and pedestrian circulation patterns. These conditions include:
• Inadequate Street Cross - Sections, or Geometries, • Poor or Unsafe Conditions for the Flow of Vehicular Traffic• Poor Provisions or Unsafe Conditions for Pedestrian Flow• Insufficient Roadway Capacity Leading to Congestion of Traffic
• Inadequate Emergency Vehicle Access• Poor Vehicular / Pedestrian Access to Buildings or Sites• Poor Internal Vehicular / Pedestrian Circulation• Excessive Curb Cuts / Driveways in Commercial Areas
These conditions can affect the adequacy or performance of the transportation system.
Faulty lot layout in relation to size, adequacy, accessibility, or usefulness.
This factor requires an analysis of the parcels as to their potential and usefulness as developable sites. Conditions indicative of
the presence of this factor include:
• Lots that are Long, Narrow, or Irregularly Shaped
• Lots that are Inadequate in Size
• Lots with Layouts or Configurations that are Obsolete or
Impractical
• Lots with Layouts or Configurations that Result in Stagnant,
Misused, or
• Unused Land
Unsanitary or unsafe conditions
This factor requires an analysis of the parcels
as to their potential and usefulness as
developable sites. Conditions indicative of the
presence of this factor include:
• Inadequate Storm Drainage Systems /
Evidence of Standing Water
• Open Trash Dumpsters
• Severely Cracked, Sloped, Uneven
Surfaces, or a Disconnection or a Lack of
Pathways for Pedestrians
These represent situations in which the
safety of individuals, especially pedestrians
and children, may be compromised due
to environmental and physical conditions
considered to be unsanitary or unsafe.
Deterioration of site or other improvements
Unusual topography
Conditions that apply reflect the deterioration of various improvements made on a site other than building structures. These
conditions may represent a lack of general maintenance at a site, the physical degradation of specific improvements, or an
improvement that was poorly planned or constructed. Overall, the presence of these conditions can reduce a site’ s usefulness
and desirability and negatively affect nearby properties.
• Neglected Properties or Evidence of General Site Maintenance Problems• Deteriorated Fences, Walls, or Gates
• Deterioration of On -Site Parking Surfaces, Curb & Gutter, or Sidewalks• Poor Parking Lot /Driveway Layout
The focus of this factor is on the presence of unusual topographical conditions that
could make development prohibitive, such as steep slopes or poor load- bearing
soils, as well as deficiencies in the public infrastructure system within the Survey
Area that could include:
• Steep Slopes /Rock Outcroppings / Poor Load - Bearing Soils• Deteriorated Public Infrastructure (street /alley pavement, curb, gutter, sidewalks, street lighting, storm drainage systems)• Lack of Public Infrastructure (same as above)• Presence of Overhead Utilities• Inadequate Fire Protection Facilities / Hydrants
Existence of conditions which endanger life or property by fire and other causes
Defective or unusual conditions of title rendering the title nonmarketable
Certain properties can be difficult to market or redevelop if they have overly restrictive or prohibitive clauses in their deeds or titles, or if they involve an unusually complex or highly divided ownership arrangement. Examples include:
• Properties with Disputed or Defective Title
• Multiplicity of Ownership Making Assemblages of Land Difficult or Impossible
This factor can result from the presence of the following conditions, which include both the deterioration of physical improvements that can lead to dangerous situations as well as the inability for emergency personnel or equipment to provide services to a site:
• Old, Wooden Buildings Comprised of Highly Combustible Materials Adjacent to Mature Vegetation
• Buildings or Sites Inaccessible to Fire and Emergency Vehicles
• Blocked / Poorly Maintained Fire and Emergency Access Routes
• Insufficient Fire and Emergency Vehicle Turning Radii
• Buildings or Properties not in Compliance with Fire Codes, Building Codes, or Environmental Regulations
• Buildings with Deteriorated Elements that Create Unsafe Conditions
• Buildings with Inadequate or Improperly Installed Utility Components
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Eric Heil, Town Manager and
Patty McKenny, Deputy Town Manager
RE: Formation of Downtown Development Authority Update
DATE: April 6, 2023
SUMMARY: This report provides an overview of the process for the formation of a Downtown
Development Authority (“DDA”) that will occur over the next four months; see Attachment A, dated
October 19, 2022, for the initial DDA process report. The Town Council provided direction last fall to include
the formation of a Downtown Development Authority as a goal for 2023. This report shall serve as an
update and is informational only. No formal action is currently required. Updates will continue to be
presented over the next few months.
PURPOSE AND GOALS: Downtown Development Authorities intend to alleviate or prevent blight
conditions and promote the sound economic growth of a community’s central downtown commercial core.
Avon’s workforce’s current extreme housing shortages have directly impacted Avon’s business community
and arrested Avon’s businesses’ stability and sound growth. The impacts are widespread to the extent of
impacting public services as well. To support and stabilize and promote the solid economic growth of the
Avon community, investment in workforce housing and public infrastructure to support a growing
community is necessary.
The primary purpose of creating a Downtown Development Authority is to provide a new dedicated funding
source for Community Housing and additional public infrastructure to support Avon’s growing community
over the next several decades. The development of other Community Housing will stabilize the local
workforce and the ability of local businesses to fill employment positions. Community Housing development
requires basic public infrastructure improvements, such as streets, utilities, and drainage. East Beaver
Creek Boulevard in the Village (at Avon) is past its useful life, and the development of Planning Areas A, B,
C, D, and J will require additional investment in streets and infrastructure. Redeveloping the Sun Road area
and East Avon will require investment in re-aligning streets and utilities.
Investment in Community Housing and public infrastructure, facilities, and amenities intends to stabilize the
local economy while establishing a sustainable community regarding climate action and greenhouse gas
reduction. Specifically, locating workforce housing close to job centers will reduce commuting miles,
reinforce the use of mass transit provided by the Eagle Valley Transportation Authority and support new
energy efficient and net zero housing construction. All these considerations and goals fit together in a
manner necessary to achieve a genuinely sustainable downtown community for the next generation.
For these reasons, at least 50% of the tax increment financing revenue source of the Downtown Development Authority shall be dedicated to Community Housing, and the remaining revenues are
devoted to public infrastructure, facilities, and amenities in the downtown area as determined by the
Downtown Development Authority Board and Council.
DOWNTOWN DEVELOPMENT AUTHORITY: A Downtown Development Authority is a statutory local
government authority formed to prevent the deterioration of property values and structures, prevent blight
conditions, and assist development and redevelopment in the DDA area to promote the continued health of
that area. The DDA statutes provide substantial deference to local determinations and interpretations,
stating in part in the Legislative Declaration,
Page 2 of 3
31-25-801(2) The general assembly determines, finds, and declares that because of several
atypical factors and special conditions concerning downtown development unique to each locality,
the rule of strict construction shall have no application to this part 8. However, it shall be liberally
construed to effect the purposes and objects for which it is intended.
A Downtown Development Authority can be organized when the municipal governing body (i.e., Avon Town
Council) takes action to adopt an ordinance that refers the question of organization to an election, and a
majority of the voting “Qualified electors” vote to approve the DDA. “Qualified electors” means a resident,
landowner, or lessee with the proposed DDA boundary area, see Attachment B.
FINANCIAL CONSIDERATIONS: A Downtown Development Authority (“DDA”) is similar to an Urban
Renewal Authority, with the primary benefit of authorizing tax increment financing within the DDA area. Tax
increment financing is the ability to retain the increased property taxes generated from new development,
which would otherwise go to the Town of Avon, Eagle County, Eagle County School District, and other
taxing jurisdictions in the Town of Avon. DDAs are allowed to impose tax increment financing for 30 years
with the ability to extend for two additional 10-year periods. Forming a DDA and imposition of tax increment
financing does not require consent or approval of other taxing entities like an Urban Renewal Authority
(changes in Urban Renewal Authority law in 2015 require other taxing entities to agree to revenue sharing
or submit to mediation). In very rough terms, a commercial hotel property may generate as much as
$1,000,000 per year, and a 150-unit residential apartment/condominium may generate $400,000 per year
in tax increment financing revenues. See Attachment A (page 4) for the memo from Town Attorney with
more information about Sources and Uses for DDA.
PROPOSED BOUNDARY: The DDA statutes, as defined by C.R.S. §31-25-801, et seq., authorize
designating a portion of the “Central Business District” as the “downtown development area”. The area
within the proposed boundaries of the Avon Downtown Development Authority is depicted in Attachment C
showing a number of different perspectives of the DDA boundary. The area would traditionally be known
as the location of the principal business, commercial, financial, service, and government center of the
Town, and has been zoned and used accordingly. Such area is established as being within the “central
business district” and “downtown” area of the Town and would be included as part of the ordinance forming
the DDA.
FORMATION PROCESS: The process for the formation of the DDA is shown below by the identification of
certain components towards implementation and associated timelines. There will be updates presented at
upcoming council meetings as well.
Deliverables Timeline Status
Develop Eligible Voter / Stakeholder List
(see Attachment B for Eligibility Requirements)
April – June Working with Eagle County
Assessor’s Office, Eagle County
Clerk & Recorder’s Office, and
Finance team to obtain lists of
property owners, registered voters,
and business owners that will make
up the Voter List.
Page 3 of 3
Deliverables Timeline Status
Research & Reports to Complete:
Propose boundary of DDA
Blight Study Report
Financial Analysis
DDA Plan (draft)
April – June Town of Avon “DDA team” (Town
Manager’s Office, ComDev Dept.,
Legal, and Commfluent Inc.)
preparing the reports identified as
support documents in the formation
of the DDA (via ordinance) and
adoption of the DDA plan.
Community (Stakeholder) Outreach
Draft Fact Sheet for Mailer & Website Use
Contact Taxing Entities
Finance Committee Meeting May 3
Other outreach meetings as needed
April – June Town of Avon DDA team (Town
Manager’s Office, ComDev Dept.,
Legal, and Commfluent Inc.)
preparing several outreach platforms
to be implemented May & June.
Planning & Zoning Review
May 2 | Work Session
May 16 | Public Hearing
June 6 | Public Hearing | Plan Adoption
May – June The DDA team will prepare materials
and present them to the P&Z for
consideration and review. P&Z will
consider and take action on the DDA
Plan before Town Council
consideration.
Town Council Review & Action
April 25 | Work Session
May 9 | Work Session
June 13 | 1st Reading Ordinance
June 27 | 2nd Reading & Public Hearing
Ordinance
April - June The DDA team will prepare materials
and present them to the Town
Council and community for
consideration and review. The Town
Council will
Special Election
Proposed Date: August 29, 2023
May –
September
Special Election date would be set at
the same time the ballot question is
considered (via ordinance). Town
Clerk’s Office is preparing special
election calendar and associated
election materials and deliverables.
POTENTIAL PROJECTS: The proposed primary purpose of the DDA plan is to support the development of
Community Housing in the DDA Plan area. DDA revenue streams may also be used for public
infrastructure, facilities and amenities within the boundary. A list of potential projects will be included in a
draft Downtown Development Authority plan; however, community housing and public parking structures
will likely be the most expensive investments at the top of the list.
Thank you, Eric
ATTACHMENT A: Report on DDA Formation dated October 19, 2022.
ATTACHMENT B: Memo about Qualified Electors for DDA dated April 20, 2023 (from Town Attorney).
ATTACHMENT C: Proposed “Avon Downtown Development Authority Map” – several versions showing
different perspectives of the area.
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Eric Heil, Town Manager
RE: Downtown Development Authority Process
DATE: October 19, 2022
SUMMARY: This report provides an overview of the steps and timeframe to form and implement a
Downtown Development Authority (“DDA”). If Council supports the formation of a DDA then Staff will
proceed with the steps for implementation as outlined in this report. Additional details, background
information, stakeholder input and policy direction would occur as an integral part of the process to form a
DDA.
PURPOSE: The purpose of a DDA is similar but slightly different than Urban Renewal Authorities. The
DDA status state the purpose as:
(1)The general assembly declares that the organization of downtown
development authorities having the purposes and powers provided in this part 8will serve a public use; will promote the health, safety, prosperity, security, andgeneral welfare of the inhabitants thereof and of the people of this state; will haltor prevent deterioration of property values or structures within central businessdistricts, will halt or prevent the growth of blighted areas within such districts,
and will assist municipalities in the development and redevelopment of suchdistricts and in the overall planning to restore or provide for the continuance ofthe health thereof; and will be of especial benefit to the property within theboundaries of any authority created pursuant to the provisions of this part 8.
(2)The general assembly determines, finds, and declares that because of a number
of atypical factors and special conditions concerning downtown developmentunique to each locality, the rule of strict construction shall have no application tothis part 8, but it shall be liberally construed to effect the purposes and objects forwhich it is intended.1
DDA PLAN: The proposed primary purpose of the DDA plan is to develop Community Housing in the DDA
Plan area. Related to development of Community Housing is the cost of land acquisition; installation,
extension or realignment of roads and utilities; and construction of services and amenities to support an
increased population, such as early childhood education, parks and recreation. The “Downtown” is a
specifically defined area of the municipality in the “Central Business District”. The Central Business District
is defined as
“Central business district” means the area in a municipality which is and traditionally has been the location of the principal business, commercial, financial, service, and governmental center, zoned and used accordingly.2
Council has significant legislative discretion in determining the “Central Business District” and portion that is
suitable for the DDA Plan area. The DDA Plan area is expected to be refined based on stakeholder input
and review of specific DDA Plan goals and strategies.
1 CRS §31-25-801
2 CRS §31-25-802(3)
ATTACHMENT A
Page 2 of 3
DDA FUNDING: The DDA has the ability to capture the tax increment of increased property taxes for all
taxing jurisdictions. DDAs also have the ability impose an additional property tax or sales tax, subject to
approval by the Qualified Electors in accordance with a TABOR election. The DDA is proposed for the tax
increment funding and increases to the property tax mill levy or sales tax rate is not suggested. Budgeting
and forecasting of revenues is speculative because it depends upon the actual construction of new
development that increases the assessed valuation of the entire DDA area over the initial baseline
assessment. Roughly, a 140 room residential apartment could generate $400,000 per year and a 140+
room hotel (or similarly sized commercial building) could generate as much as $1 million in TIF revenue per
year. The DDA would likely exempt the current 15 mill levy for Village Metropolitan District in the Village (at
Avon) because that is imposed and pledged to repay bonds of Traer Creek Metropolitan District. There are
other terms in the Village (at Avon) development agreement which may present opportunities to reduce
Avon’s tax credit obligation to repay debts of Traer Creek Metropolitan District.
QUALIFIED ELECTORS: A DDA must be approved by a positive vote of “qualified electors” within the
defined DDA area.
“Qualified elector” means a resident, a landowner, or a lessee as said terms are
defined in this section. Any landowner or lessee which is not a natural person may
vote only if it designates by some official action a representative thereof to cast its ballot. This subsection (9) shall not be construed so as to permit any qualified elector to cast more than one vote, even though any person qualified or lawfully designated may be entitled to cast the vote of more than one qualified elector.
“Resident” means one who is a citizen of the United States and a resident of the state of Colorado, eighteen years of age or older, who makes his primary dwelling place within the district.
Once the DDA entity is formed by a vote of qualified electors, the Avon Town Council refers the draft DDA
Plan to the Avon Planning and Zoning Commission who conducts a public hearing and provides a
recommendation. Then the Avon Town Council conducts a public hearing and may adopt a DDA Plan by
resolution. A draft DDA Plan is proposed to be prepared by December so there is a working document for
stakeholder outreach and input.
FORMATION PROCESS:
1.Initial data collection, including collection of sample DDA plans and ordinances from other communities
[October through December]
2.Draft of DDA plan, prepare draft ordinance and related documents [November and December]
3.Review DDA with Avon Finance Committee on November 9, 2022
4.Stakeholder outreach: Community meetings targeted to residents, property owners and business
lessees in the proposed DDA area would be conducted. [January]
5.Revise DDA Plan, Conduct Council Public Hearing, consider ordinance to refer formation of DDA to
special election of eligible electors: [February and March]
6.Schedule special election for formation [June 6, 2022]
Page 3 of 3
7.The DDA Board appoints the following positions, subject to approval of Avon Council, Director,
Treasurer and a Secretary. [June or July] NOTE: these positions would be typically filled by the Town
Manager, Finance Director and Town Clerk in a manner similar to the Avon Urban Renewal Authority.
8.DDA Board adopts budget, which is subject to approval by Avon Council. [June or July]
9.DDA Board begins to support and identify projects that implement the DDA plan [June or July]. Any
development projects, property acquisition or disposal, or expenditures would be subject to review and
approval of the Avon Council.
The Avon Town Council establishes the power of the DDA by ordinance and may dissolve the DDA by
ordinance.3 Typically, the establishing ordinance would authorize all powers under the DDA statutes and
all powers under home rule authority.
RECOMMENDATION: I recommend Council give direction to proceed with the formation process as
outlined in this report.
Thank you, Eric
ATTACHMENT A: Karl Hanlon DDA Memorandum
3 CRS §31-25-803
www.mountainlawfirm.com
Glenwood Springs – Main Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602
Aspen 323 W. Main Street Suite 301 Aspen, CO 81611
Montrose 1544 Oxbow Drive Suite 224 Montrose, CO 81402
Office: 970.945.2261 Fax: 970.945.7336
*Direct Mail to Glenwood Springs
DATE: September 27, 2022
TO: Eric Heil, Avon Town Manager
FROM: Karp Neu Hanlon, P.C.
RE: Downtown Development Authority Sources and Uses
A Downtown Development Authority (“DDA”) is a creature of state statute, with the purposes
of promoting the general welfare, halting deterioration and blight, and assisting municipalities with redevelopment. See C.R.S. § 31-25-801 et seq. The DDA is a separate tax-exempt entity from the City, which has only two roles in the DDA’s functioning: 1) appointment of the board, and 2) approval of the budget. The DDA does not have power to assess taxes, but instead must rely on the City to do so and will pull its funds from a separate Town account. The creation of a DDA is subject to voter
approval, as are any new taxes levied therefor. Avon for some time has had an Urban Renewal District (URA) which is similar but also different than a DDA. A chart comparing DDAs to URAs is attached which highlights some of the differences between the two types of entities. In reviewing the two statutes there is nothing that prevents both from coexisting over the same area.
DDAs have two mechanisms for raising revenue. First is a maximum 5 mill ad valorem levy on properties within the DDA boundary. This is assessed by the City, and subject to approval by the voters. See C.R.S. § 31-25-817. All revenue is held by the municipality for use by the DDA. The second mechanism is Tax Increment Financing (“TIF”), which is a form of public funding that allows for the issuance of municipal bonds to raise money for public improvements. A TIF involves the
distribution of existing taxes on assessed valuation and is not a separate tax itself. As explained by the court in Northglenn Urban Renewal Authority v. Reyes, 300 P.3d 984, 986 (Colo. App. 2013)1:
[A TIF] is accomplished by first establishing a base amount upon which the various taxing authorities assess and collect their levies. This base amount is determined
by assessing the value of the property within the urban renewal area prior to adoption of the urban renewal plan. Thereafter, the property is reassessed in subsequent years for tax purposes in the hopes that the urban renewal plan has increased its value. After all levies are assessed and collected on the subsequent valuation, any incremental increase in the base amount is deemed the result of the
1 While this case involves an Urban Renewal Authority, the TIF concepts for both entities are identical. Compare C.R.S. § 31-25-807(3)(a) and C.R.S. § 31-25-107(9)(a).
ATTACHMENT A: DDA Legal Memo
Downtown Development Authority Sources and Uses Page 2
PRIVILEGED AND CONFIDENTIAL MEMORANDUM
urban redevelopment efforts by the municipality and is distributed to the urban renewal authority.
A TIF only lasts for 30 years, after which it may be extended by City Council. The DDA can
additionally collect revenues from grants and partnerships.
The source of revenues also determines how those funds may be used. Both revenue streams may go towards the financing of public improvements within the DDA boundary, such as façade, landscaping, streetscaping, utilities, and parking improvements. Mill levy revenue can go to a wider
variety of additional DDA operating purposes, business incentives, and marketing. On the other
hand, TIF revenues go into escrow are used to borrow against for financing downtown improvements. Any excess TIF revenues must go to debt servicing and repayment of bonds for the financing of any plan of development within the DDA. C.R.S. § 31-25-807(3)(a)(II). Only once any indebtedness is fully paid, may TIF revenues go to a general operating account of whatever taxing authority collected
the revenue in the first place.
DDAs are useful tools to facilitate development within a geographically distinct area. While there are several ways to raise revenue for the DDA, the source of money dictates how it may be used. In no case, however, may that revenue go towards general operations of the sponsoring
municipality, unless all indebtedness has been paid and there is a TIF revenue surplus.
The Town has several specific questions regarding the use of a DDA and TIF revenues that are addressed below:
1.When can the TIF be implemented?
A TIF is implemented through the initial adoption of the plan of development or at any later date by amending the plan of developments. Pursuant to C.R.S. § 31-25-807(3)(a) any plan of development may be modified to include the implementation of a TIF. The statute provides:
Notwithstanding any law to the contrary and subject to subsection (3)(a)(IV) of this
section, any such plan of development as originally adopted by the board or as later modified pursuant to this part 8 may, after approval by the governing body of the municipality, contain a provision that taxes, if any, levied after the effective date of the approval of such plan of development by said governing body upon taxable
property within the boundaries of the plan of development area each year or that
municipal sales taxes collected within said area, or both such taxes, by or for the benefit of any public body shall be divided for a period not to exceed thirty years or such longer period as provided for in subsection (3)(a)(IV) of this section after the effective date of approval by said governing body of such a provision[.]
ATTACHMENT A: DDA Legal Memo
Downtown Development Authority Sources and Uses Page 3
PRIVILEGED AND CONFIDENTIAL MEMORANDUM
2.Can DDA funds can be used for Community Housing, recreation improvements
(including park properties in the Village (at Avon), constructing a new post office to lease to USPS
to assist with relocation, and early childhood education?
Yes. The type of projects anticipated should be included in the Plan of Development and such
improvements are contemplated. C.R.S. § 31-25-807(2)(d).
3.Can DDA funds be used for road and utility extensions (which would be used to
substitute some of the Town’s tax credit obligations for infrastructure)
Yes. The type of projects anticipated should be included in the Plan of Development and such
improvements are contemplated. C.R.S. § 31-25-807(2)(d).
4.Can Avon claim that it’s Central Business Core is the valley floor from Lake
Street/Avon Recreation Center all the way to Planning Area J where the Wagon Wheel Road cul-du-
sac and utility extensions have been installed?
While there is no specific case law regarding courts have been generally deferential to both
legislative determinations and voter approvals. In the case of a DDA both occur in that the Council will by ordinance establish the boundary it believes is appropriate for the DDA and then that will be approved by the voters.
5.What is the total time period that a TIF can be effective?
There is time limit on the TIF of 30 years from the date it is first implemented either in the original plan of development or a modification of that plan with the option of extending for another 20 years. C.R.S. § 31-25-807(3)(a)(IV). During the 20-year extension 50% of the TIF must be paid to the affected taxing entities, id.
6.Can Avon/DDA agree to rebate TIF or waive TIF for some taxing entities, or waive a
portion of TIF? Like Fire District and Ambulance District and Village Metro District which is
imposing a property tax to raise funds for the Village finances.
Within the first 30 years of the TIF Avon is not obligated to share any of the TIF revenues
with any other taxing entity. For the additional time period there is an obligation under C.R.S. § 31-
25-807(3)(a) (IV)(B) to pay 50% of the TIF to the other taxing entities. That said, there is nothing inthe statute which prevents or prohibits Avon from sharing back, pursuant to an IGA, any of the TIFrevenues.
7.Can DDA funds be used for staff?
TIF revenues can be used for DDA staff (as can the 5 mills discussed above). Direct payments for the Avon personnel would fall outside the uses identified in the statute. C.R.S. § 31-25-805, § 31-25-807, and § 31-25-815.
ATTACHMENT A: DDA Legal Memo
www.mountainlawfirm.com
Glenwood Springs – Main Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602
Aspen 323 W. Main Street Suite 301 Aspen, CO 81611
Montrose 1544 Oxbow Drive Suite 224 Montrose, CO 81402
Office: 970.945.2261 Fax: 970.945.7336 *Direct Mail to Glenwood Springs
DATE: April 20, 2023
TO: Avon Town Council and Mayor
FROM: Karp Neu Hanlon, P.C.
RE: Electors Qualified to Vote in the DDA Special Election
The organization of a Downtown Development Authority ("DDA") involves a group of electors
different than most other elections. The electors qualified to vote in a DDA election are the residents,
landowners, and lessees (as those terms are defined in C.R.S. § 31-25-801, et seq.) within the boundaries of the proposed district.
A resident must be (a) a citizen of the United States, (b) a resident of the state of Colorado, (c) eighteen
years of age or older, (d) a person whose primary dwelling place is within the boundaries of the
proposed district, and (e) registered to vote in Colorado. Only those electors with a voter registration address within the boundaries of the proposed district will automatically receive a ballot. If an elector actually resides within the district but is registered to vote at an address outside of the district, the elector must complete a Request for Mail Ballot form in order to receive a ballot.
A landowner is (a) an owner in fee of any undivided interest in real property or any improvement permanently affixed thereto within the boundaries of the proposed district, and (b) if a natural person, eighteen years of age or older, or, if an entity, a person designated by the entity to vote on the entity's behalf who is eighteen years of age or older. An owner in fee includes a contract purchaser obligated
to pay general taxes, an heir, and a devisee under a will admitted to probate. An owner in fee does
not include a contract seller of property where the contract purchaser is deemed to be the owner in fee. Interval or timeshare "owners" are generally not owners in fee. Landowners need not reside within the boundaries of the proposed district. Landowners will automatically be mailed a ballot at the property's mailing address.
A lessee is (a) a holder of a leasehold interest in real property within the boundaries of the proposed district, and (b) if a natural person, eighteen years of age or older, or, if an entity, a person designated by the entity to vote on the entity's behalf who is eighteen years of age or older. Here, a leasehold interest does not include a license or mere contract right to use real property, including interval and
ATTACHMENT B
Downtown Development Authority – Qualified Electors Page 2
timeshare ownership where an "owner's" right to use certain weeks arises by contract or by the purchase of points. Lessees will not automatically receive a ballot. If the lessee is an entity, the lessee must complete a Designation of Elector form for the entity and the lessee's designee must complete a Mail Ballot Request form. If the lessee is an individual, the lessee must complete a Mail Ballot
Request form.
The DDA election follows the one person-one vote rule where even though a person or entity may be qualified to vote in more than one way, a person may only vote once. For example, if an entity owns multiple properties within the DDA, that entity may only cast one vote through a designated person,
and any person designated to vote on behalf of an entity may only cast one vote.
By way of example, let's say Sam, via four different entities, owns four properties within the boundaries of the proposed district. Sam also resides in a condo within the boundaries of the proposed district and is a registered voter at that address. As a resident and an active registered voter, Sam will
automatically be mailed a ballot to vote as a resident. For each property owned by a separate entity, Sam may designate up to four electors – one for each property. To receive a ballot for those properties, Sam must complete a Designation of Elector form for each entity, and each designated elector must complete a Request for Mail Ballot. In that instance, both forms must be completed to receive a ballot. Sam cannot vote as both a resident and a landowner.
By way of another example, let's say Sally owns multiple properties within the boundaries of the proposed district though all of the properties are owned through a single entity. Sally must complete a Designation of Elector form for the entity and the designated elector must complete a Request for Mail Ballot form. Even though Sally's entity owns multiple properties within the boundaries of the
proposed district, the entity may only designate one person to vote on the entity's behalf and may only vote once. If Sally, in her individual capacity, qualifies to vote as a resident, she can either vote as a resident or as the designated person to vote on her entity's behalf, but not both.
The Legislative Council Staff is the research arm of the Colorado General Assembly.The Legislative Council Staff provides nonpartisan information services and staff support to the Colorado Legislature.
Number 17-33 A Legislative Council Staff Publication August 2017
THE IMPACT OF TAX INCREMENT FINANCING ON SCHOOL FINANCE
By Marc Carey
Public K-12 eduction in Colorado is financedin part by local governments and in part bystate government. The school finance formulaestablishes a statewide total funding level. Thedifference between this amount and the localshare determines the state’s obligation toschool finance. The local share is paidprimarily from local property taxes. Whenproperty taxes are not collected from a specific
property, the funding formula requires the stateto augment its share of K-12 education fundingby the amount of foregone local tax revenue.
This issue brief discusses the impact of taxincrement financing on the state and localshares of K-12 education funding.
What is tax increment financing?Taxincrement financing (TIF) is a tax incentive
for redevelopment projects in Colorado withthe purpose of improving “blighted” properties.Colorado law empowers urban renewalauthorities (URAs) and downtown developmentauthorities (DDAs) to use TIF to incentivizeredevelopment projects. TIF allows adeveloper to use sales or property taxescollected from a project to pay expenses ordebt related to the project, with the expectationthat revitalization of the surrounding area willimprove the local economy and increase future
tax revenue for local governments.
TIF and school finance.By allowing local
property tax revenue to be used to coverredevelopment expenses, TIF diverts moneyaway from traditional uses such as funding the
local share of K-12 education. Thus, whileassessed values are increasing due to theredevelopment, local property tax revenue toschool finance may not increase in the short
term, and the state may have to “backfill” thedifference between the actual local share andwhat the local share would have been absentthe TIF incentive.
When is local revenue loss the result of
TIF?An important issue in determining the lossof local revenue due to TIF is whether theproject would have occurred anyway,independently of the TIF incentive. If theproject would have been built at the samelocation without the TIF incentive, the increase
in the state’s obligation can be determined bymultiplying the assessed value of the TIFproperty by the relevant mill levy for the local
school district, as the state backfills the lostrevenue on a dollar-for-dollar basis. However,to the degree these projects occur only
because of the TIF incentive, would not haveoccurred at some other location in the state,and did not divert sales from other locations inthe state, the loss of local revenue, and thus theincrease in the state share for school finance,would be smaller.
TIF and TABOR. Article X, Section 20 ofthe Colorado Constitution (TABOR) imposeslimits on the growth of property tax revenue forall school districts. For a district at its property
tax revenue limit, additional assessed valuefrom new development results in a lower milllevy. Currently, four school districts – Cherry
Creek, Colorado Springs, Harrison, andSteamboat Springs – are in this position. Forthese four districts, the TIF revenue loss may
mean that the district’s mill levy for schoolfinance drops as a result of the assessed valueincrease, but not as much as it would haveabsent the TIF.
Colorado
Legislative
CouncilStaff ISSUE BRIEF
Room 029, State Capitol, Denver, CO 80203-1784 •303-866-3521 •(FAX) 303-866-3855http://leg.colorado.gov/lcs
The impact of TIF on the mill levy dependson the relative magnitude of the TIF to the
increase in assessed value. In FY 2016-17, themill levy for three of these four districts did notfall as much as it would have otherwise.
TIF impacts and the budget stabilization
factor. During the 2010 legislative session, the
General Assembly created a budgetstabilization factor to reduce the state’s schoolfinance obligation after revenue had fallenduring the recession.1 This factor reduces theoverall funding level for most school districts bya proportional amount.
By reducing the overall funding obligationfor each district, the budget stabilization factoralso reduces the state’s contribution to schoolfinance. Since the implementation of this
factor, K-12 eduction is funded to a levelselected by the General Assembly. InFY 2017-18, the value of the budgetstabilization factor was set at $828.3 million,which reduced each school district’s totalfunding by 11.10 percent.
How has TIF reduced the local share
historically?Since the implementation of thebudget stabilization factor through FY 2016-17,the number of districts employing a TIFincentive and the total impact on both the local
and state shares from TIF has grown.Specifically, the number of districts employing aTIF incentive has increased from 34 to 41.Concurrently, the potential reduction in the localshare from TIF has grown from nearly$41 million to just over $59 million, while theincrease in the state’s obligation has grownfrom nearly $37 million to just over $52 million.
The difference in these totals is the impact ofthe budget stabilization factor established bythe General Assembly in those years.
Figure 1 presents these totals over thishistorical time period. The dotted line indicates
the number of districts employing a TIFincentive, while the bars show the maximumreduction in local share that resulted from TIF
on a statewide basis. The blue portion
1House Bill 10-1369.
represents the actual increase in the state’sobligation that resulted from TIF while the gold
portion represents the reduction in the state’sobligation due to the budget stabilization factor.The gold portions were calculated by applying
the established budget stabilization factor to thereduction in local share from TIF.
Figure 1Impact of TIF on Local and State Share
Source: Colorado Department of Education.
Which districts use TIF?Figure 2 shows
the geographic distribution of the schooldistricts where TIF is employed. The shadingrepresents the estimated increase in the state’s
K-12 funding obligation because of TIF. Thelargest increases are in school districts alongthe Front Range, and in mountain resortcommunities. Denver has the largest increaseat nearly $26 million, followed by JeffersonCounty at nearly $5 million.
Figure 2Colorado School Districts Employing TIF
Source: Colorado Department of Education.
$0
$10
$20
$30
$40
$50
$60
$70
0
5
10
15
20
25
30
35
40
45
FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17
Mil
l
i
o
n
s
Impact of Budget StabilizationFactor on State Share Increase
Actual Increase in State Share fromTIF Districts
Maximum Loss of Local Share from TIFNumber ofDistricts with TIF
(970) 748-4001 mjauregui@avon.org
(970) 748-4021 pmckenny@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Patty McKenny, Deputy Town Manager
Miguel Jauregui Casanueva, Town Clerk
RE: Town of Avon DDA Special Election August 29, 2023
DATE: June 22, 2023
SUMMARY: The Town intends to schedule a special election for August 29, 2023 for the formation of a
Downtown Development Authority (DDA).
Such special election shall be held as a mail ballot election in accordance with the laws of Colorado.
It is recommended that Avon Town Clerk Miguel Jauregui Casanueva serve as the designated election
official for this election.
Council may designate this position with formal action, see proposed motion at the close of the report.
PROPOSED MOTION: “I move to approve Resolution 23-12 appointing the Town Clerk as the Designated
Election Official, and delegating the authority and responsibility of appointing election judges for the Town
of Avon’s special election on august 29, 2023.”
Thank you, Patty and Miguel
ATTACHMENT A: Resolution 23-12
Page 1 of 1
ATTACHMENT A
TOWN OF AVON COLORADO RESOLUTION NO. 23-12 A RESOLUTION APPOINTING THE TOWN CLERK AS THE DESIGNATED ELECTION OFFICIAL, AND DELEGATING THE AUTHORITY AND RESPONSIBILITY OF APPOINTING ELECTION JUDGES FOR THE TOWN OF AVON’S SPECIAL ELECTION ON AUGUST 29, 2023
WHEREAS, pursuant to the requirements of the Town of Avon Charter, a special municipal election is to be conducted on August 29, 2023; and
WHEREAS, the governing body of any political subdivision may determine that an election may be held by mail ballot; and
WHEREAS, the Town Council wishes to appoint the Town of Avon Town Clerk as the Designated Election Official; and
WHEREAS, the election official of the Town of Avon has recommended that the Town Council authorize a mail ballot election for the August 29, 2023, special municipal election.
NOW THEREFORE, THE TOWN COUNCIL, HEREBY RESOLVES:
Section 1 Registered voters shall have the opportunity to cast ballots in person as provided by the Mail Ballot Election Act, C.R.S. § 1-7.5-101 et seq., at a polling place located in the Town’s Clerk’s office at Town Hall, 100 Mikaela Way, Avon, Colorado.
Section 2 The authority and responsibility for appointing the election judges for this special
municipal election is hereby delegated to the Town Clerk, pursuant to Section 31-10-401 C.R.S.,
as amended.
Section 3 The ballots shall be paper ballots and recorded by sworn election judges.
Section 4 If any clause, sentence, paragraph or part of this Resolution or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect the remaining provisions of this Resolution.
ADOPTED ___________________, 2023 by the AVON TOWN COUNCIL
By:_______________________________ Attest:_________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva , Town Clerk
970-748-4023 jskinner@avon.org
Page 1 of 13
TO: Honorable Mayor Amy Phillips and Council Members
FROM: Jena Skinner, AICP, Senior Planner
RE: MJR22002 Major Development Plan; Development Bonus Request -
PUBLIC HEARING
DATE: June 27, 2023
PROJECT TYPE: Major Development Plan and Development Bonus
PUBLIC HEARING: Required
LEGAL DESCRIPTION: Lot 3, Mountain Vista Resort
ADDRESS: 140 W Beaver Creek Blvd
ZONING: Town Center (TC)
STAFF REPORT OVERVIEW: The Lot 3, Mountain Vista Resort (AKA Stonebridge Hotel) application
(“Application”) is a Major Development Plan (“MJR”) centered on Design Review for a 158-key hotel
complete with one level of below-grade, valet-operated structured parking for patrons that uses vehicle
stackers. This application was first heard by the Town Council (“Council”) on June 13, 2023. Received
positively for its design, this application was continued in order for Staff and Applicant time to finalize
outstanding details.
Located within the Town Core, this project features a ground-level lobby with pedestrian access from both
W Beaver Creek Blvd (main street access), and Mikaela Way, the poolside access. The hotel also features
an accessory/supportive restaurant, bar, hotel operational spaces, and 4-levels of hotel guestrooms
resulting in an infill project, five (5) levels above grade. Shorter than the neighboring Sheraton, the overall
height of the building is approximately 74’ (73’-9”), in conformance with the allowed building height
permitted within the Town Center zone district. On the recommendation of the Town of Avon and to assist
with the current housing shortage challenges, the project will include two (2) dedicated employee workforce
housing units reserved for hotel staff located on the ground floor.
Johann Duran-Hunt of the Beck Group (“Applicant”) is representing Lot 3 Mountain Vista, LLC (“Owner”),
who is pursuing the development of the Property and MJR Application. Secondary to this application, the
Applicants are also pursuing an application for a Development Bonus, which is evaluated by the Town
Council.
The hotel will be constructed in one (1) phase, as is typical for a development only necessitating a building
permit. Actual construction will include site clearing; garage, foundation, and drainage improvement
installation, with the vertical to follow suit.
Lot 3 was created as part of the Mountain Vista Resort Subdivision, or as it is more familiar, the
Sheraton Mountain Vista (development). Created in 2001 and more recently updated in 2020 by plat,
Lot 3 is directly contiguous to the Sheraton Mountain Vista property (see image, next page). The
existing bus stop for the Sheraton on W Beaver Creek Blvd will remain in the same location.
DEVELOPMENT BONUS: As part of this infill development, it will be necessary for the Applicants to
maximize development on this linear site to the greatest extent possible for this project to pencil out. While
largely in compliance with the Avon Municipal Code (“AMC”) standards of design and development, two (2)
elements will need to flex to make this project work: onsite parking space numbers (they are currently
offering less defined spaces than required), and encroachment into setbacks (a portion of the building on
the south and west/Sheraton side goes into the setbacks. The Development Bonus is being considered by
the Town Council in addition to the MJR. Should the Town Council support the requested Development
Bonus, the approval will be memorialized through a Record of Decision.
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PZC REVIEW: The proposed Subdivision Preliminary Plan and Final Plat application was examined by
PZC on April 18, 2023. The PZC was generally in favor of the layout and design of the projects; however,
wished to convey to the Town Council their concerns for the pedestrian connection on the south end of the
project. For the Development Bonus, they felt the setback variations were acceptable as the largest
encroachment would be underground and on the second level (please see Staff Report section
“Development Bonus” for more discussion regarding setbacks).
The PZC recommended approval of the Major Development Plan (MJR22002) review that included design
analysis of building materials, the landscaping plan, building heights, lighting and layout of the hotel. Staff
has attached design plans to this report for what is being requested with this application.
PROPERTY DESCRIPTION: The subject property is one of the few vacant lots left in Town Center, slated
for development. Originally part of the retired PUD for the Sheraton Mountain Vista Resort development,
this property was rezoned by the Town to Town Center. This lot is governed by standard AMC Zone
District development and design standards. The interim use of the property has been used as a pedestrian
pathway and perceived pocket park.
Property Address:
0140 W Beaver
Creek Blvd.
Property Zoning:
Town Center
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PROCESS: Major Development Review applications are reviewed by Planning and Zoning Commission.
For this project, Town Council will also review this application as required by Section 7.16.080(e), which
requires Town Council approval for development within the Town Core. Additionally, Town Council will
evaluate the Development Bonus request, which is also necessary for this project. Planning and Zoning
Commission has provided a recommendation of approval with conditions to Town Council for this project.
PUBLIC NOTIFICATION & COMMENTS:
Notice of the public hearing was published in the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon
Development Code (ADC). Mailed notice is not required for this application.
PLANNING ANALYSIS
Lot Coverage and Setbacks: This project achieves conformance with lot coverage limitations. There are
minimal encroachments underground, and on levels 2-5, but none on the ground level.
Table 7.20-9 Dimensions for the Town Center District
Min. Lot Size (acres or sq. ft.)
Min. Lot Width (feet)
Max. Lot Coverage (%)
Min. Landscape Area (%)
Min. Front Setback (feet)
Min. Side Setback (feet)
Min. Rear Setback (feet)
Max. Building Height (feet)
n/a n/a 50 20 0 [1, 4] 7.5 [2] 10 [3] 80
[1] Infill development shall match the smallest setback of existing, adjacent structures.
[2] COUNCIL abutting a residential district shall match the side yard setback standards of that district. (N/A)
[3] When abutting a public street, alley or public right-of-way. The rear setback for COUNCIL abutting a residential district shall be 20 feet, regardless of the location of any street, alley or ROW. (N/A)
[4] Nonresidential development that incorporates public space such as a plaza or courtyard into the building design may increase the front setback by up to 20 feet to accommodate that area up to 40% of the front building line. (N/A)
Project Development Summary:
AMC PROVIDED
Lot Sized in square feet and acres N/a 47,916 SF/ 1.1 ACRES
Setbacks:
North (West Beaver Creek Road) - FRONT 0’ 0+ – 10+ FT
East (Sheraton) - SIDE 7.5’ *Min. 3.5+ FT
South (Town Hall) - SIDE 7.5’ *Min. 3.5+ FT
West (Mikaela Way) - REAR 10’ Min 7.5+ FT
Building Height:
Feet Max: 80’ 73'-9" FT
Story N/a 5
Site Coverage (Primary and Accessory Structures) 50% 46% or 22,010 SF
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING RECOMMENDATION 4/18/2023
TOWN COUNCIL PUBLIC HEARING 6/13/2023 6/27/23
TOWN COUNCIL RECORD OF DECISION
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Exhibit: Proposed Development Bonus Encroachments
*Using the Development Bonus ability will provide relief from the setbacks requirements for this project. Staff supports this request.
Use: Pursuant to Section 7.24.010 Table Of Allowed Uses, “Accommodation” is a permitted use within the
Town Center Zoning.
Inclusionary Zoning: The Application is not subject to Employee Housing mitigation standards outlined in
Avon Development Code Section 7.20.100, as this lot was once included and evaluated for this
requirement as part of the Sheraton Mountain Vista Resort development. As the original project provided
many onsite employee housing units, Lot 3 is not required to offer additional units. Knowing the difficulty of
finding qualified employees in our area, Staff suggested the Applicants consider providing onsite units
regardless of any fulfilled requirements. Also recognizing this need, the Applicants responded favorably to
this suggestion and will provide two (2) dedicated employee housing units on Level 1 to support this
business directly. These two (2) units shall be conditional upon Council approval to remain employee
housing units, by virtue of a covenant that will run with the property.
Building Height: The maximum building height permitted for this property is 80 feet, and the designs
adhere to this limitation. The height must be verified during the building process with foundation and
framing Improvement Location Certificates (ILC).
Parking: The proposed parking garage will be able to accommodate the zoning requirements for parking
with one vehicle per accommodation unit; however, not through conventional means. The Applicants
propose lowering the number of physical, dedicated parking spaces through a valet-parking system. As
this is a unique parking management method (not a recognized alternative in the AMC), a Development
Bonus allows deviations from standards for parking, and as such, supports this design alternative.
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The proposed parking system is an outsourced professional valet parking system which allows the hotel to
maximize the 1-level parking garage to maximize the number of parking spaces that may be needed when
the hotel is maximized. Plans currently show that this flexible method of parking will meet or exceed the
intention of the AMC without the need for a large parking garage (see attached parking study).
Per the Applicant:
As described in previous conversations, ownership has several similar hotel properties in operation with parking spaces provided less than one space per guestroom and still has excess parking spaces
available. Because this property is planned to be a valet-only parking operation, we have engaged the parking valet service provider Propark Mobility to assist with a valet parking plan at maximum capacity. Please see attached letter and plans that clarify with valet operation that not only is 1 space per guestroom achievable, but at max operation, we can park in excess of 1 space per guestroom.
Simply put, as the AMC does not recognize vertical parking lifts as 2-spaces in one “stall”, they are “short”
actual lined parking spaces per the required code by 44 spaces. Using a valet system that double parks
vehicles within the garage is also something not contemplated by the AMC. The Development Bonus is
necessary for flexing this parking requirement for use of a valet-style parking management system; allowing
them to design a garage for 114 parking space versus offering 158 physical spaces (required). The
resulting effort is the ability to park up to 168 vehicles in their garage.
During the Staff’s review of this project, we looked at our code requirements and that of Vail, also
considered a town with significant hospitality uses (Vail and Avon being the top hospitality towns within
Eagle County), along with the requirements of Beaver Creek and Breckenridge. The Town of Vail
standards require 0.7 spaces per accommodation unit. When this requirement is applied, the need would
be 111 parking spaces, which aligns with what the Applicants have proposed. Beaver Creek requires 0.5
spaces per unit, while Breck requires 1.1.
The variations in parking requirements indicate to Staff that parking is specific to location within each town
or development. When coupled with other factors like Avon’s walkability factor, access to amenities (ski
resorts), public transportation, the availability of private shuttles/taxis/Uber drivers, and the upcoming RTA
bus service between Vail and Avon, Staff does not disagree that a reduction in actual parking spaces using
the proposed valet parking management system is supportable for this project.
4-Sided Design: The side and rear elevations of all structures include equal care and quality as compared
to the front of the buildings. Staff is not concerned with the hotel not meeting 4-sided design requirements.
Compatible Design: The design of this hotel is akin to other resort designs including an enclosed pool
area and exterior patios; very similar to the neighboring Sheraton. Staff feel this design will meet the
expectations of guests.
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Scale and Massing: Based on the design of the building and it’s use of articulated facades and roof lines,
coupled with the close compatibility and design of the adjacent Sheraton, Staff feels that stepping this
building back in relation to the surrounding development, is not necessary given the distance from W
Beaver Creek Blvd. on the north, and the separation from the Sheraton on the west. There is no
justification for requiring terracing given the size and mass of this proposed hotel.
Snow Storage: Snow storage will be nil, as most of the exterior surface areas will be heated. The goal for
offsite snow removal will be to utilize the heated areas to “remove” snow from contiguous/existing
sidewalks.
DESIGN STANDARDS ANALYSIS:
GENERAL
Landscaping: Landscape plans are included in the attached packet. The landscape plan meets the
minimum requirements and utilizes drip for all disturbed areas, which is supported by the recently updated
landscaping requirements.
Fences: Section 7.28.080(2) has specific fencing requirements that require, “…architectural compatibility
with the style, materials and colors of the principal buildings on the same lot.” Onsite perimeter fencing will
be used, as is typical for a resort hotel, to secure and define the resort boundary. The fence and all
handrails etc., shall be decorative metal, a material supported by this section.
Building Design, Building Materials and Colors: The proposed materials include a combination of rock
veneer accents, square metal panels, composite paneling (masonry), and wood-look siding/trim, with timber
and other structural accents. Avon Development Code Section 7.28.090(c)(3), Building Materials, requires
the use of “high quality, durable building materials”, and “preferred materials reflect the Town’s sub-alpine
character such as native stone, wood siding, masonry or timbers.” All of these materials are considered with
this design, and Staff feels this design is compatible with other buildings in the vicinity. The colors meet
Light Reflective Value (LRV) standards and are all earth tone. These materials are very similar to those
used at Frontgate, the Westin, and the Wyndham. See attached renderings - page 23 of 30 of the Applicant materials.
The PZC at the April 18, 2023, meeting requested the Applicants provide a materials board, similar to what
Frontgate was also required to provide. This has been captured as a condition of this report. At the June
13, 2023 Town Council meeting, the majority of Council was in favor of the hotel materials, with a slight
concern there may be too much wood offered. This concern was not significant enough to result in an
additional condition mitigating the façade.
Roof Material and Pitch: The roof material and pitch were reviewed for compliance with Sec. 7.28.090(c)
(4) Roofs. While Staff feels the roof design meets the intention of this section, there is a secondary provision
in Section 7.28.090(j)(ix) that discourages flatter roofs. The proposed metal roof (eaves) at the street level
appears to be slightly sloping for drainage, but not pitched to the degree that pedestrians are under the
threat of having snow drop or slide onto the sidewalk. On the top level, the roof is “articulated” or broken up
using architectural accents that break up both the building façade, extending beyond the roofline. As such,
the proposed design is not singular or monotonous, and provides an acceptable visual appeal overall.
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Exterior Lighting: The exterior light fixture selected for the project is predominantly down cast, modern
fixture style and in compliance with the Outdoor Lighting Ordinance and Section 15.30.040. All wall mount
lights consist of full cutoff fixture or downcast fixtures engineered to minimize light glare upward into the
night sky. Around the pool area, there are several ground mounted decorative lights in and around the
proposed landscaping boulders. These will have to be very carefully placed to ensure safety and minimize
glare from those looking down on the site from higher elevations. The only concerns of Staff are the interior
garage lights and any corridor lighting that may be seen externally through corridor windows. The Applicant
has conveyed that the garage lights will not be placed lower than the door opening, and that there will be no
corridors ending in a window to the exterior. As such, Staff does not have any further concerns with lighting
given that all fixtures adhere to the AMC.
7.28.090(J) MIXED-USE AND NONRESIDENTIAL
DESIGN STANDARDS
Building Layout and Design: The design and layout of
this structure are similar in their design to that of the
Westin and the Sheraton. Shared spaces are
dedicated/limited to hotel guests.
The design of this structure generally conforms to
Section 7.28.090(j)(1) Purpose; however, as this
project limits pedestrian connections, it only partially
embraces the expectations of the AMC and design
standards for a nonresidential (commercial) project.
Staff considers that the proposed scale of
Stonebridge is both appropriate and compatible with
the neighboring Sheraton and with the provisions
Section 7.28.090(j)(4), Building design.
When considering pedestrian connections, ideally, this project would replace the many connections that
Avon has been accustomed to over the years in using the pedestrian pathways from W Beaver Creek Blvd
through the site to the Town Hall or the pedestrian mall. In reality, this site is relatively linear and narrow
and to provide a hotel and the many pathways is not realistic. Lot 3 is also required to utilize a shared
access easement with Lot B along the entirety of the east property line. The drive access width, coupled
with the narrow lot does not allow for wide pedestrian connections from W Beaver Creek Blvd. to the
pedestrian mall, as many are accustomed to currently. While Patrons may exit the site onto Mikaela Way
from the pool area, having this as the only exit on the south side creates a much longer travel route for
people heading towards Lettuce Shed Lane and the Transportation Center. As designed, pedestrians must
travel west and around Town Hall to get to public transportation or the Westin and gondola to Beaver Creek
to the east, an important amenity. In understanding the potential limitations for pedestrian connections,
Staff in encouraged that the Applicants are willing to do an onsite connection from Lot 3 to the Town Hall
property in some capacity. Having the access adjacent to the hotel with a connection to Town Hall away
from the drive path will avoid vehicle-pedestrian conflicts along the east side. By connecting to Town Hall,
it creates the shortest path to the pedestrian mall going east- an added benefit for visitors. For this reason,
Staff is confident that through continued discussions with the Applicant, a creative resolution is possible.
Relying on Lot B (for which there is no entitlement) for a pathway does not work as a proposed pedestrian
linkage at this time; although future pedestrian connections will also be a requirement of this redevelopment
site as well. Staff recommends a collaborative review of the two properties continue, and this intention is
captured in the proposed Development Agreement.
This view looks north from Town Hall. Lot B would be to the
right. You can see the gap between grade and the first level. Connecting to Town of Avon may mean our is modified to connect. Currently the existing boulders on the Town Hall/Lot 3 property line, are actually on Lot 3. Further consideration and
evaluation of this connection is needed.
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Storefronts and Pedestrian Entrances. The front of
this building is partially obscured by the existing bus
stop, rendering the majority of this frontage as not
conducive for retail. Areas around the bus stop and
along the remaining building frontage will be
landscaped. As the actual doorway entrance to the
project is on the east side of this narrow building
frontage, windows will break up the first level of the
structure.
MAJOR DEVELOPMENT PLAN - CRITERIA: § 7.16.080(g), Development Plan
1. Evidence of substantial compliance with the purpose of the Development Code as specified in
§7.04.030, Purposes;
Staff Response: The application generally complies with the applicable purpose statements outlined
in the Development Code. Purpose (l) states, “Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-alpine environment”. The “mountain
modern aesthetic” architecture is compatible with other hotel developments like the Westin and the
Wyndham that use similar materials like stone, wood-like siding, as well as metal and timber accents.
This finding is achieved.
2. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan
documents;
Staff Response: The following analysis compares this project with the Comprehensive Plan:
In reflecting on Avon’s Vision and Values, this project:
• Develops a hierarchy of built forms that reflects the importance of the Town Center in the
community. High quality design and finishes will exist throughout the community.
• Maintain a strong and sustainable year-round economy through Town efforts and through private/ public partnerships.
Policies of the Avon Comprehensive Plan
The following are applicable sections of the Avon Comprehensive plan that relate to this project:
Policy A.1.2: Locate uses that generate significant traffic near transit facilities or shared parking facilities.
Policy A.1.4: Encourage development that is consistent with the overall Built Form according to
the Built Form Diagram.
Policy A.1.7: Promote development that is accessible and integrated with existing retail and transit within the Town Center District.
Policy B.1.2: Focus lodging and guest accommodation in the Town Center.
Policy C.1.2: Ensure compatible architectural features between adjacent buildings.
Policy C.1.3: Design four sided architecture that maximizes solar exposure, protects views, and breaks up building bulk.
Bus
Stop
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Policy E.1.4: Integrate attainable housing within large developments and throughout Town.
Policy F.3.1: Implement a parking management plan. Consider eliminating minimum parking standards in strategic areas as a way to create and incentivize redevelopment.
Policy F.3.5: Encourage underground parking structures share access and connect to adjacent underground parking structures.
Policy F.3.6: Reduce dependency on surface parking areas that directly abut streets.
Policy F.3.7: Ensure parking facilities are easily accessible by pedestrian connections and have
minimal visual impacts.
Policy G.3.2: Enforce the use of “Dark Sky” compliant fixtures.
District 1 Planning Principles:
The site is located in the Town Core District (District 1 of the Comprehensive Plan), which states, “The Town Center District serves as the heart of the community. A mix of lodging, residential,
government services, civic facilities, and commercial uses complement social, cultural, political, and recreational gatherings in the District. It provides a diversity of land uses in vertically mixed-use buildings to be the common ground between full-time residents, part-time residents, and destination guests. The Town Center District will continue as the primary focus for mixed use, pedestrian-oriented residential and lodging development within the Town. The size of the
parcels provides an opportunity for a variety of redevelopment opportunities. Avon should encourage redevelopment opportunities when they provide community benefit, improve street patterns, and create more direct pedestrian walkways and bike paths.”
This project has been found to be compatible with neighboring projects and is an example of a
quality infill development.
Attached to this report is an estimation of the potential economic benefits this project will bring to
Avon. Further, the Urban Renewal Authority will also capture the tax increment until 2032 and
should the Downtown Development Authority ("DDA") be approved, the DDA will capture tax
increment value post-URA cessation. Staff feels this is a significant contribution to the Avon
community, and having a vibrant hospitality area in Town Core is appropriate and supports the
goals and intentions of the Comprehensive plan for this area of Avon. This economic contribution
justifies support for the Development Bonus request as well.
Other aspects of the Comprehensive Plan that this application reflects:
• Have a Distinctive Built Form. Develop a hierarchy of built forms that reflects the importance of the Town Center in the community. High quality design and finishes will exist throughout the community.
• Foster Attainable Housing. Adopt and implement housing policies that address housing gaps and support the creation of new housing opportunities. A diverse year-round community is fundamental to Town’s character and economic viability.
These elements help in achieving the vision of this Plan, and in creating good infill projects in the
Town Core area.
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Under Planning Principles, the following statements are also relevant to this development:
• Link pedestrian, bicycle, and automobile circulation to and through Town Center, Nottingham Park, the Riverfront, and the Eagle Valley Trail.
• Develop a mix of uses that provides a strong residential and lodging bed base supported by community and guest commercial uses.
• Create inviting retail, restaurant, and entertainment uses on the ground floor through architectural detailing that includes a human scale, display windows, appropriate lighting, and other pedestrian amenities. Site offices, lodging, and residential uses on upper floors.
• Development and redevelopment that occurs here should reflect the standards in Town Center, but should not compete with Town Center in terms of size of buildings or intensity of development.
This project has been found to be compatible with neighboring projects and is an example of a
quality infill development. In adding onsite employee housing units to this commercial project, this
intention also reflects the Avon Community Housing Plan.
In summary, Staff feels that this project will have significant economic benefits to the Avon community
and the project is compatible with the Avon Comprehensive Plan and associated documents.
3. Consistency with any previously approved and not revoked subdivision plat, planned
development, or any other precedent plan or land use approval for the property as
applicable;
Staff Response: The Application reflects the intention of the Mountain Vista Subdivision. This project
will be implementing the intended shared access with Lot B and is offering an additional 2-employee
housing units regardless that Lot 3 is not required to offer onsite employee housing per the previous
approval. As such, Staff feels that this project is consistent with the intention of the original approvals.
4. Compliance with all applicable development and design standards set forth in this Code,
including but not limited to the provisions in Chapter 7.20, Zone Districts and Official
Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards;
Staff Response: In using the Development Bonus provisions, the application demonstrates
compliance with Chapter 7.20, Zone Districts and all applicable use standards from Chapter 7.24.
5. That the development can be adequately served by city services including but not
limited to roads, water, wastewater, fire protection, and emergency medical services; and
Staff Response: The Engineering Department is working on all technical aspects of this project with
the Applicants. Water has been approved for this site as part of the Mountain Vista Resort Development
Agreement.
6. The development design conforms with the character of the surrounding community; or, where
redevelopment is anticipated, relates the development to the character of Avon as a whole.
Staff Response: Community character refers to the distinct identity of a place; the collective
impression a neighborhood or town makes on residents and visitors. The Property is located in the
Town Core, where developments like this hotel, are appropriate. The overall character of this
development is consistent with other architectural statements of similar developments in incorporating
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articulated building facades, and other design elements like finished building materials, height, and
intensity of use.
GENERAL REVIEW CRITERIA: §7.16.010(f)(1), General Criteria
Criteria is applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be the Director when the Director has the
authority to administratively approve a development application. The reviewing authority
shall be the PZC and/or Town Council for all development applications which are subject to
public hearing. The reviewing authority shall review development applications for compliance
with all relevant standards and criteria as set forth in the specific procedures for the
particular application in this Development Code, as well as the following general criteria
which shall apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing
authority to determine that the development application complies with the relevant
review criteria;
(iii) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is
mitigated by the development application.
Staff Response: This application is complete. Staff believes sufficient information exists to allow the
Town Council to analyze this application using the review criteria found within the AMC. Staff finds that
this application is compatible with the Avon Comprehensive Plan, and this project will not impact
demands for public services or infrastructure.
DEVELOPMENT BONUS CRITERIA § 7.16.170(e) Development Bonus Review Criteria and §
7.16.170(f) Zoning and Development Standards
Development bonus means the approval of development project which differs from the minimum or maximum zoning as a means to provide an incentive for a development project that provides one or more desired public benefits described in this Section.
(e).1. Impacts do not outweigh benefits. External impacts of requested development bonuses on the
public, adjacent property owners, or the Avon community do not outweigh the public benefits.
Staff Response: In approving the requested deviations for the proposed setback standards, there will
be no noticeable impact on neighboring properties. Due to the narrowness of the site, there is no room
for onsite parking without the use of an integrated parking garage. Permitting the maximization of
developable area maximizes the economic return for the hotel, which allows them the ability to include
underground parking and not need to utilize or compete with public, on street parking – especially when
events are happening at Nottingham Park.
2. Mitigation of impacts. If impacts are presented by the requested development bonus, they should
be mitigated to the extent practicable. Town may require an analysis and may require mitigation
of the impacts on all public facilities, infrastructure, and services which serve the property,
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including but not limited to public infrastructure, streets, additional water rights required to serve
the development, fire protection, ambulance services, transit, parks, and recreation. Conditions
to granting a development bonus may be necessary to ensure harmony with the community.
Staff Response: The PZC was concerned that the Applicant was not providing sufficient public
improvements for the requested Development Bonus (at the time of presentation, the economic
summary provided with this report was not finalized). The PZC felt that additional thought and design
should be applied to pedestrian improvements from this site to the pedestrian mall. The Applicant; is in
agreement that a pedestrian connection would be valuable to their proposed use. As such, Staff
recommends that the Town continue to work with eth Applicants in evaluating how the Town Hall
property and Lot 3 integrate. This is especially important as currently there are Town improvements that encroach on their property. This encroachment will have to be reconciled should this project get
approval. Staff considers this as an opportunity for Council to become involved in how our building and property integrate with this infill development. The same will also be important should the neighboring Lot B of the Avon Center be redeveloped.
3. Location and design. The location and design of any contribution towards public parking, transit,
pedestrian enhancement, streetscape improvement, or civic facilities shall take into
consideration functionality, current and projected demand, and long-term maintenance and
operation costs, and shall include such legal documents as are deemed necessary and
acceptable to the Town.
Staff Response: Many of the suggested opportunities in this criterium would not apply for the Applicant,
as this site is not directly adjacent to Nottingham Park or other civic-oriented facilities outside of being a
neighbor to Town Hall. This project is being analyzed as a potential economic advantage for Avon. One
legal document shall result from this project as it pertains to parking. A covenant requiring valet parking
shall run with this hotel use and property, unless otherwise modified by Town Council in the future.
(f) Zoning and Development Standards. Density bonuses may be approved for the following zoning
and development standards:
2. Parking. The minimum parking requirements may be reduced.
3. Building Height. The maximum building height may be exceeded.
4. Landscape Area. The minimum landscape area may be reduced.
5. Density. The maximum density may be exceeded.
6. Setback. The minimum setbacks may be reduced.
7. Lot Coverage. The maximum lot coverage may be exceeded.
Staff Response: The request for a Development Bonus centers on setbacks; however, the proposed
parking design is unique in how the Development Bonus is being applied to this project. To
summarize: the Applicants are proposing a valet parking system where, as designed, they can meet
Avon’s minimum parking standard. This project is unique in that they are not able to provide the
required number of physical parking spaces as is identified in the AMC , and use of the valet-
system/vertical parking lifts are not recognized nor available as an alternative in the AMC. By using
stacked or vertical parking lifts and then double parking vehicles in front of these lifts, the number of
cars parked meets code. This parking arrangement will become a condition of approval in order to
satisfy parking requirements, unless Town Council agrees to decrease the number of required spaces
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to meet the physical space requirement (as a Development Bonus) regardless of a valet system. All
other development standards have been satisfied with this application.
OPTIONS:
COUNCIL has the following options:
• Approve the Application, incorporating the findings and conditions as outlined below;
• Approve the Application, with modified findings and conditions;
• Continue the Application to future meeting pending additional details or studies; or,
• Deny the Application after formulating justifiable findings.
RECOMMENDED MOTION: “I move the Town Council Approve Case #MJR22002, an application for Major Development Plan with a request for a Development Bonus for 0140 W Beaver Creek Road (Lot 3,
Mountain Vista Resort), based on Staff’s findings and including conditions outlined in Staff’s report.”
Conditions:
1. ILCs are required to confirm building height and improvement installation throughout the
construction process.
2. Engineering approval for the site access and drainage shall be required prior to the issuance
of a building permit.
3. Lights in the recessed lighting fixtures shall not create a glare or nuisance from neighboring
property owners. Lower wattages or diffusers are required for these fixtures if glare is
detectable. Further, all windows in lit corridors must be glazed or tinted to prevent glare or any
light being seen from neighboring properties that may be considered nuisance lighting.
4. A physical materials “board” shall be reviewed and approved by PZC before completion of
framing.
ATTACHMENTS: Attachment A: Application Schematic Design Plans & Parking Study
Attachment B: Development Agreement
Attachment C: Parking Covenant
Attachment D: Housing Covenant
Attachment E: Economic Summary
PARKING PLAN
Prepared by:
Han Chau, Regional Vice President
Stonebridge
Development
Companies
AVON HOTEL
Partnership with Stonebridge Companies & Propark Mobility
March 06, 2023
Bill MartinicVice President of DevelopmentStonebridge Development Companybmartinic@resbcos.com
Dear Bill,
It is my pleasure to submit our parking plan for your consideration. I appreciate the opportunity to take a look at how Propark can be an outstanding parking partner to the Avon Hotel!
I feel strongly that Propark can bring not only value, but a great long-term partnership. The following pages further detail our strategy to optimize parking spaces under valet parking.
When you combine Propark’s 38+ years of parking experience with my 15+ years in the parking industry, there is no doubt that Propark is the operator of choice for your hotel. We are the largest employee-owned parking company in the United States; and while our roots began in commercial parking, we have long since expanded to hospitality, airport parking, transportation, campuses and healthcare.
Bill, I am excited to demonstrate how Propark is the partner of choice for your hotel. Our team is ready to ROCK!
Sincerely,
Han ChauRegional Vice President
2
Partnership with 6WRQHEULGJH&RPSDQLHV & Propark Mobility
OVERVIEW
DETAIL
TRANSPARENT
COMMUNICATIONS
PARKING SPACE
OPTIMIZATION
WHY PROPARK
TOPIC
LOCAL LEADERSHIP &
SUPPORT
VALET OPERATION
By operating a full-time valet only parking operation, Propark is able to
optimize parking garage VSDFHVWR%DVHOLQH&DSDFLW\DW158 parking
spaces 5RRPWR3DUNLQJ6SDFH5DWLRRI ZLWK3HDN+RXUV3DUNLQJDW
SDUNLQJVSDFHV 5DWLRRI
With former 5-star hotel managers on our team, our training is second-to-none. Our Valets, Attendants and Bell Staff make certain that the first and last impression a guest or visitor has, is the best impression. We will evaluate your existing staff to ensure that all service standards are where they should be.
Parking is what we do. Therefore, we will consult and provide recommendations based upon our years of experience, bringing additional revenue to your bottom line and overall improved communication with your team.
Propark Mobility manages 16 locations and over 225 employees in the state of Colorado. That means access to an on-demand team ready to support when needed. We understand how to ensure a successful operation and train all team members to provide the highest levels of service to you AND your guests and visitors.
UP
1. REFER TO A12.00.01 THRU A12.01 FOR PARKING STRIPING AND LAYOUT PLANS2. REFER TO A12.30 FOR PARKING DETAILS AND ADDITIONAL NOTES3. PAVEMENT MARKINGS;a. PROVIDE PAVEMENT MARKING AS SHOWN ON TRAFFIC DRAWINGS. DIMENSIONAL INFORMATION IS PROVIDED ON STRIPING DETAILS.b. PAVEMENT MARKING CONTRACTOR TO PROVIDE NUMBER AND LOCATION OF PARKING SPACES INDICATED ON DRAWINGS. ANY DISCREPANCY TO BE BROUGHT TO ATTENTION OF ARCHITECT, IN WRITING, PRIOR TO INSTALLATION OF PAVEMENT MAKRINGS.c. PAVEMENT MARKING INSTALLATION TO BE A 2 COAT SYSTEM IF PAINT PRODUCTS ARE USED, NO EXCEPTIONS.
PARKING AND STRIPING GENERAL NOTES:OVERALL PLAN NOTES:
A. ELEVATION 100'0"= 7458.50'. THIS DATUM IS ESTABLISHED AT THE SOUTH TOWER LEVEL 1 FINISH FLOOR. B. REFER TO EXTERIOR ELEVATIONS FOR WALL ASSEMBLY AND OPENING DESCRIPTIONS.C. DIMENSIONS TO PARTITIONS ARE TO FINISHED FACE OF GYP. BD. OR CMU.D. EXTERIOR DEMENSIONS ARE FROM FACE OF EXTERIOR FINISH, U.N.O.E. MASONRY DIMENSIONS ARE NOMINAL, U.N.O.F. REFER TO A.00 THROUGH A.0 FOR REFLECTED CEILING PLANS.G. REFER TO G0.02 TRHOUGH G0.0 FOR PARTITIONS, PARTITION DETAILS AND ALL HORI=ONTAL DUCT ENCLOSURES.H. REFER TO A0.XX FOR TYPICAL MOUNTING HEIGHTS.I. REFER TO A11.00 SHEETS FOR FLOOR FINISH LIMITS AND ARCHITECTURAL SIGNAGE LOCATIONS.-. BLOCKING SHALL BE RE4UIRED IN ALL BATHROOMS PER ANSI 11.1, CHAPTER . K. COMPLY WITH F.A.A. RE4UIREMENTS FOR OBSTRUCTION MARING AND LIGHTING. L. FF E LAYOUT SHOWN FOR REFERENCE ONLY, RE ID DRAWINGS.M. REFER TO AX.XX FOR OVERALL AND ACCESSIBLE GUEST ROOM MIX. N. REFER TO SHEET A2.0 FOR ALL ROOF TYPE CALLOUTS.O. WHERE GUEST ROOMS ARE IDENTIFIED WITH COMMUNICATION FEATURES INSTALL A VISUAL NOTIFICATION TO ALERT ROOM OCCUPANTS OF INCOMING TELEPHONE CALLS AND A DOOR KNOCK OR BELL. NOTIFICATION DEVICES SHALL NO BE CONNECTED TO A VISIBLE ALARM SIGNAL APPLIANCE. PROVIDE AT LEAST ONE PHONE WITH A VISUAL NOTIFICATION AND VOLUME CONTROLL IN EACH GUESTROOM. P. TYP. ALL OF MEETING ROOMS, CORRIDORS, PREFUNCTION, AND ANY OTHER PUBLIC AREA ANY WALL MOUNTED DEVICE SHALL NOT PROTRUDE MORE THAN MAX FROM WALL UNLESS A BARRIER IS INSTALLED BELOW.
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RIDGE ELEVATION .2
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-OB NO.SHEET
SUBMISSIONDATE
,1&203/(7('2&80(176
)25,17(5,05(9,(:
21/<127)25
5(*8/$725<$33529$/
3(50,725&216758&7,21
ARCHITECT SEAL
CURRENT SUBMISSION 0 DHVLJQ DHYHORSPHQW
A2.0013 3
LEVEL P1 FLOORPLAN
AVON HOTEL
ARCHITECT NAMESTATE REGISTRATION
STATE REGISTRATION
PARKING BY SI=E
LEVEL TYPE QTY
LEVEL P1 AS 0LEVEL P1 P LEVEL P1 S 1LEVEL P1 VAN ACCESSIBLE 0ACCESS X11
LEVEL P1 VAN ACCESSIBLE ACCESS X11
11TOTAL PARKING 1111
BECK ARCHITECTURE1001 1TH STREETSUITE PL100DENVER, CO 0202PH 303 FAX 303 WWW.BECKARCHITECTURE.COM
3URMHFW1RUWK7UXH1RUWK
PLAN KEYNOTES
#KEYNOTE DESCRIPTION
1 VENEER DECORATIVE STONE OVER CONCRETE STRUCTURAL COLUMN, WITH ACCENT DOWN LIGHTS ABOVE EACH COLUMN .2 MOVABLE GLASS WALL SYSTEM, EXTERIOR INSULATED, DARK BRON=E FINISH, WITH EGRESS DOOR PANEL,E4UAL TO NANA WALL SYSTEMS3 PASSENGER AND SERVICE ELEVATOR, WITH REARD DOOR ACTIVE ON LEVEL 1 SERVICE ENTRY 30 FPM WSTRETCHER ACCESS, PREMIUM CAB FINISH AND HOOKS ABOVE FOR PADDED WALL PROTECTION, DARKBRON=E DOORS INTERIOR AND EXTERIOR LEVELS 1PASSENGER ELEVATOR, 30 FPM W STRETCHER ACCESS, PREMIUM CAB FINISH, DARK BRON=E DOORSINTERIOR AND EXTERIOR LEVELS 1 2 3[
HIGH FULLY RECESSED POCKET DOORS, NO EXPOSED HARDWARE, WITH MAG HOLD OPENS, E4. TOTOTAL DOOR SYSTEM. WIRE INTO F.A. SYSTEMPROVIDE TOPPING SLAB TO LEVEL FLOOR IN ROOM. INDOOR GAS FIREPLACE, RE ID10 INDOOROUTDOOR GAS FIREPLACE, RE ID11 HYDRATION STATION NOOK, UNDER COUNTER ICE STORAGE, TRASH RECEIPITAL, FILTER WATER NO==EL ANDSPARKLING WATER DISPENSOR BASE CABINETS AND OPEN SHELVE STORAGE
1 1
0A2.001 FLOOR PLANLEVEL P1
A0022 CRQcHSW DHVLJQB0122 ScKHPaWLc DHVLJQD120 22 0 DHVLJQ DHYHORSPHQW
VALET PARKING FULY STACKED
LEVEL TYPE QTY
LEVEL P1 AS 0LEVEL P1 P LEVEL P1 S 1LEVEL P1 VAN ACCESSIBLE 0ACCESS X11
LEVEL P1 VAN ACCESSIBLE ACCESS X11
TOTALPARKING 11LEVEL P1 AISLE DOUBLE PARKED
BaVHOLQH PaUNLQJ POaQ 1 VHKLcOHV
ADD GLASS/VESTIBULE
LEVEL P1 AISLE DOUBLE PARKED
BaVHOLQH PaUNLQJ POaQ 1 VHKLcOHV
TOTAAALPARKING 11
UP
1. REFER TO A12.00.01 THRU A12.01 FOR PARKING STRIPING AND LAYOUT PLANS2. REFER TO A12.30 FOR PARKING DETAILS AND ADDITIONAL NOTES3. PAVEMENT MARKINGS;a. PROVIDE PAVEMENT MARKING AS SHOWN ON TRAFFIC DRAWINGS. DIMENSIONAL INFORMATION IS PROVIDED ON STRIPING DETAILS.b. PAVEMENT MARKING CONTRACTOR TO PROVIDE NUMBER AND LOCATION OF PARKING SPACES INDICATED ON DRAWINGS. ANY DISCREPANCY TO BE BROUGHT TO ATTENTION OF ARCHITECT, IN WRITING, PRIOR TO INSTALLATION OF PAVEMENT MAKRINGS.c. PAVEMENT MARKING INSTALLATION TO BE A 2 COAT SYSTEM IF PAINT PRODUCTS ARE USED, NO EXCEPTIONS.
PARKING AND STRIPING GENERAL NOTES:OVERALL PLAN NOTES:
A. ELEVATION 100'0"= 7458.50'. THIS DATUM IS ESTABLISHED AT THE SOUTH TOWER LEVEL 1 FINISH FLOOR. B. REFER TO EXTERIOR ELEVATIONS FOR WALL ASSEMBLY AND OPENING DESCRIPTIONS.C. DIMENSIONS TO PARTITIONS ARE TO FINISHED FACE OF GYP. BD. OR CMU.D. EXTERIOR DEMENSIONS ARE FROM FACE OF EXTERIOR FINISH, U.N.O.E. MASONRY DIMENSIONS ARE NOMINAL, U.N.O.F. REFER TO A.00 THROUGH A.0 FOR REFLECTED CEILING PLANS.G. REFER TO G0.02 TRHOUGH G0.0 FOR PARTITIONS, PARTITION DETAILS AND ALL HORI=ONTAL DUCT ENCLOSURES.H. REFER TO A0.XX FOR TYPICAL MOUNTING HEIGHTS.I. REFER TO A11.00 SHEETS FOR FLOOR FINISH LIMITS AND ARCHITECTURAL SIGNAGE LOCATIONS.-. BLOCKING SHALL BE RE4UIRED IN ALL BATHROOMS PER ANSI 11.1, CHAPTER . K. COMPLY WITH F.A.A. RE4UIREMENTS FOR OBSTRUCTION MARING AND LIGHTING. L. FF E LAYOUT SHOWN FOR REFERENCE ONLY, RE ID DRAWINGS.M. REFER TO AX.XX FOR OVERALL AND ACCESSIBLE GUEST ROOM MIX. N. REFER TO SHEET A2.0 FOR ALL ROOF TYPE CALLOUTS.O. WHERE GUEST ROOMS ARE IDENTIFIED WITH COMMUNICATION FEATURES INSTALL A VISUAL NOTIFICATION TO ALERT ROOM OCCUPANTS OF INCOMING TELEPHONE CALLS AND A DOOR KNOCK OR BELL. NOTIFICATION DEVICES SHALL NO BE CONNECTED TO A VISIBLE ALARM SIGNAL APPLIANCE. PROVIDE AT LEAST ONE PHONE WITH A VISUAL NOTIFICATION AND VOLUME CONTROLL IN EACH GUESTROOM. P. TYP. ALL OF MEETING ROOMS, CORRIDORS, PREFUNCTION, AND ANY OTHER PUBLIC AREA ANY WALL MOUNTED DEVICE SHALL NOT PROTRUDE MORE THAN MAX FROM WALL UNLESS A BARRIER IS INSTALLED BELOW.
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PARKING LIFTS E4. TO HARDING STEEL 2T, TYP.
MANHOLE ACCESS TO GREASE VAULT BELOW
MANHOLE ACCESS TO SANDOIL VAULT BELOWFLATWORK ON GRADE RAMPING ABOVE
EXHAUST INTAKE LOUVER
EXHAUST LOUVER
GAS METER BANK AT GRADE
PROPERTY LINE, TYP.PROPERTYLINE,TYP.
LEVEL P1 F.F.E.83'-0" = 7441.50'
RIDGE ELEVATION .2
RAMP 2.
DOWN TO GARAGE
STAIR 2S010
TRASHHOLDING011
TRASH DROP012
PARKING P1010
ELEV 1
ELEV 2
STAIR 1S011
BIKE RM013 EXHAUST
BOILER ROOM014
BBBBBBBBBBBBBBBBBA3.302
BBBBBBBBBBBBBBBBBA3.311
OH COILING DOOR
3
1
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PARKING LIFTS E4. TO HARDING STEEL 2T, TYP.
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-OB NO.SHEET
SUBMISSIONDATE
,1&203/(7('2&80(176
)25,17(5,05(9,(:
21/<127)25
5(*8/$725<$33529$/
3(50,725&216758&7,21
ARCHITECT SEAL
CURRENT SUBMISSION 0 DHVLJQ DHYHORSPHQW
A2.0013 3
LEVEL P1 FLOORPLAN
AVON HOTEL
ARCHITECT NAMESTATE REGISTRATION
STATE REGISTRATION
PARKING BY SI=E
LEVEL TYPE QTY
LEVEL P1 AS 0LEVEL P1 P LEVEL P1 S 1LEVEL P1 VAN ACCESSIBLE 0ACCESS X11
LEVEL P1 VAN ACCESSIBLE ACCESS X11
11TOTAL PARKING 1111
BECK ARCHITECTURE1001 1TH STREETSUITE PL100DENVER, CO 0202PH 303 FAX 303 WWW.BECKARCHITECTURE.COM
3URMHFW1RUWK7UXH1RUWK
PLAN KEYNOTES
#KEYNOTE DESCRIPTION
1 VENEER DECORATIVE STONE OVER CONCRETE STRUCTURAL COLUMN, WITH ACCENT DOWN LIGHTS ABOVE EACH COLUMN .2 MOVABLE GLASS WALL SYSTEM, EXTERIOR INSULATED, DARK BRON=E FINISH, WITH EGRESS DOOR PANEL,E4UAL TO NANA WALL SYSTEMS3 PASSENGER AND SERVICE ELEVATOR, WITH REARD DOOR ACTIVE ON LEVEL 1 SERVICE ENTRY 30 FPM WSTRETCHER ACCESS, PREMIUM CAB FINISH AND HOOKS ABOVE FOR PADDED WALL PROTECTION, DARKBRON=E DOORS INTERIOR AND EXTERIOR LEVELS 1PASSENGER ELEVATOR, 30 FPM W STRETCHER ACCESS, PREMIUM CAB FINISH, DARK BRON=E DOORSINTERIOR AND EXTERIOR LEVELS 1 2 3[
HIGH FULLY RECESSED POCKET DOORS, NO EXPOSED HARDWARE, WITH MAG HOLD OPENS, E4. TOTOTAL DOOR SYSTEM. WIRE INTO F.A. SYSTEMPROVIDE TOPPING SLAB TO LEVEL FLOOR IN ROOM. INDOOR GAS FIREPLACE, RE ID10 INDOOROUTDOOR GAS FIREPLACE, RE ID11 HYDRATION STATION NOOK, UNDER COUNTER ICE STORAGE, TRASH RECEIPITAL, FILTER WATER NO==EL ANDSPARKLING WATER DISPENSOR BASE CABINETS AND OPEN SHELVE STORAGE
1 1
0A2.001 FLOOR PLANLEVEL P1
A0022 CRQcHSW DHVLJQB0122 ScKHPaWLc DHVLJQD120 22 0 DHVLJQ DHYHORSPHQW
VALET PARKING FULY STACKED
LEVEL TYPE QTY
LEVEL P1 AS 0LEVEL P1 P LEVEL P1 S 1LEVEL P1 VAN ACCESSIBLE 0ACCESS X11
LEVEL P1 VAN ACCESSIBLE ACCESS X11
TOTALPARKING 11LEVEL P1 AISLE DOUBLE PARKED
PHaN HRXUV PaUNLQJ POaQ 1 VHKLcOHV
ADD GLASS/VESTIBULE
LEVEL P1 AISLE DOUBLE PARKED 1TOTAAALPARKING 1
PHaN HRXUV PaUNLQJ POaQ 1 VHKLcOHV
Partnership with Stonebridge Companies & Propark Mobility
5
*NPS scores are made on a scale of -100 to 100, putting Propark in the
upper quarter of service.
Other industry leader scores were found at https://www.satmetrix.com/2019-us-consumer-benchmarks/
HOW WE RATE ABOUT US
ϰϯϬϬ
Partnership with Stonebridge Companies & Propark Mobility
PREMIUM SERVICE STARTS WITH PREMIUM TRAINING
We empower our Parking People with premium training and individual development to promote friendly and consistent levels of service excellence throughout our organization. Each position at Propark is held by “the right person for the job”; we provide our parking people with room for personal growth and career advancement as is evident in our current roster of Account Managers and Supervisors who began their careers as distinguished valet attendants.
FIVE-STAR SERVICE EXCELLENCE
We handle every parking arrival like
the front door of a five-star hotel. Our former luxury hotel professionals know how to educate our team members to see things from a guests’ perspective, anticipate and then act.
ATTENTION TO DETAIL
Educating our valets and bell staff
to notice the smallest of details makes a huge difference in a guest experience. Noticing the wrinkles behind pant legs indicating a long trip, to reading a guest’s desire to
engage in conversation—these things matter.
SUPERIOR TRAINING
Our training process includes
protocols to ensure the safety of our employees, our guests and our clients; seminars on customer relations, resolving guest incidents and promoting empowerment.
VALET TRAINING TRAINING
Partnership with Stonebridge Companies & Propark Mobility
TRAINING & QUALITY CONTROL
8
INTERACTIVE SETUP
We will merge Propark and
your brand standards to create a customized “Brand Standard Review (BSR).”
CLARIFY EXPECTATIONS
Teach brand standards and
ensure that all team members understand responsibilities and prioritize action items.
EXECUTE
With expectations and
brand standards clear, lead the team and practice what we’ve learned.
MEASURE & ADJUST
Improve through consistent
evaluation of performance, teaching our associates, and making necessary adjustments.
TRAINING
Partnership with 6WRQHEULGJH&RPSDQLHV & Propark Mobility
TRAINING & QUALITY CONTROL TRAINING
Employees are our most valuable resource. Propark is vested in the success and growth of each employee, through our comprehensive training program entitled Propark THINK.
•Created to provide employees with expansive training and
development opportunities•Educates our staff through an intuitive, cloud-based, one-stop, collaborative learning environment for leaders andemployees
•Designed to make training and learning opportunities truly
accessible to all employees•Focused on ease-of-use and a custom user interface thatenhances our culture and value
•All training is hosted through this portal beginning with theNew Employee Orientation and continuing with individual
training courses•By delivering training via a learning management system(“LMS”), Propark team members enjoy access to real-time-learning data and reporting capabilities to track user activity,
progress and engagement.
Click the videos to the right to launch a YouTube learning session and learn how we do it at Propark.
UP UP
SCALE: 3/32" = 1'-0"
LEVEL P1 - FLOOR PLAN - VALET PARKING 163 STALLSAVON HOTEL
20
2
3
-
0
6
-
2
0
Project
North
True
North
9 69 044 872 4579
6
9
0
4
4
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9 69 044 8 72 457
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UP
STAIR 1
STAIR 2
LOBBY
OFFICE
ENTRY
VESTIBULE
LAUNDRY
BAR /
RESTAURANT
FITNESS
ELEC.
STANDARD K
STUDIO K
SUITE
ONE-BED
SUITE
ONE-BED
SUITE
ONE-BED
STUDIO QQ STUDIO K STUDIO K STUDIO K
WORKFORCE
HOUSING UNIT
WORKFORCE
HOUSING UNIT
PANTRY
WATER ENTRY
/ FIRE RISER
EMPLOYEE
LOUNGE
WORKSPACE
MARKETSK
I
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A
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/
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STANDARD K
OFFICE
OFFICE
MDF
KITCHEN
ELEVATOR
LOBBY
OUTDOOR TERRACE OUTDOOR TERRACE
REGISTRATION
12
'
-
6
1
/
2
5
6
"
12
'
-
6
"
SH
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A
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PROPOSED CONCRETE PEDESTRIAN SIDEWALK
LOT B
NEW ACCESS DRIVE
24
'
D
R
I
V
E
W
A
Y
5'
-
0
"
LOCATED WITHIN (E) EASEMENT
LOT B CONNECTION FROM NEW ACCESS DRIVE
CURB CUT
PROPOSED ACCESS DRIVE
PROPERTY LINE
SETBACK LINE
SCALE: 3/32" = 1'-0"
LEVEL 1 - FLOOR PLAN - WORKFORCE HOUSINGAVON HOTEL
20
2
3
-
0
6
-
2
0
Project
North
True
North
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
June 20, 2023 Page 1 of 15
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into as of June
____, 2023, (the “Effective Date”) by and between Lot 3 Mountain Vista LLC, a Colorado
limited liability corporation (“Owner”), and the Town of Avon, a home rule municipal corporation of the State of Colorado (“Town”) (Owner and Town may be referred to individually as “Party” and collectively as “Parties”), and, as to Article V of this Agreement only, Upper Eagle Regional Water Authority, a quasi-municipal corporation and political subdivision of the
State of Colorado (“Authority”).
RECITALS
A.The Owner owns approximately 1.099 acres within the Town that is legally described as:
Lot 3, Mountain Vista Resort Subdivision, according to the Plat thereof recorded on March 31, 2021 at Reception No. 202109327,
Town of Avon, County of Eagle, State of Colorado
Street address: 140 W Beaver Creek Blvd, Town of Avon, County of Eagle, State of Colorado (“Property”).
B.The Owner submitted an application to the Town for approval of a Major DevelopmentPlan and Development Bonus application for a hotel project currently referred to as
Stonebridge Hotel (“Application”).
C.After holding a public hearing on April 18, 2023, the Town of Avon Planning and ZoningCommission recommended approval of the Application.
D.After holding a public hearing on June 13 and June 27, 2023, the Avon Town Councilapproved the Application with conditions.
E. The Application includes a Landscape Plan and Irrigation Plan, which includes a
limited irrigated area and drought tolerant species.
F.The Application includes public improvements that necessitate further review, security,warranty, and acceptance upon satisfactory completion.
G.Development of the Property in accordance with this Agreement will provide for
orderly growth in accordance with the policy and goals set forth in the Town’s
Comprehensive Plan; ensure reasonable certainty, stability and fairness in the land useplanning process; stimulate economic growth; secure the reasonable investment-backedexpectations of the Owner; foster cooperation between the public and private sectors inthe area of land use planning; and otherwise achieve the goals and purposes of the Town.
ATTACHMENT B
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
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AGREEMENT
NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions,
covenants, and mutual promises set forth in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the Town agree as follows with respect to the development of the Property:
ARTICLE I DEFINITIONS
The following terms shall have the meanings set forth below unless the context in which they are
used clearly indicates otherwise:
1.1 Development. The project to be constructed on the Property as described in the Development Plan.
1.2 Development Bonus. The Development Bonus includes those certain underground
setback encroachments on the west side and above ground encroachments along the south
boundary of the Development.
1.3 Development Plan. The Major Design and Development Plan described and depicted in the Application that was approved by the Town is made part of the land use approval for the Development Plan.
1.4 Development Plan Components. The following plan set sheets contained in the
Development Plan are incorporated by reference into and made a part of this Agreement:
Landscape Plan & Irrigation Plan Owner Maintained Public Improvements
1.5 Exhibits. The following Exhibit is to this agreement is incorporated by reference and
made part of this Agreement:
Exhibit A - Parking Covenant
1.6 Landscape & Irrigation Plan. The approved Landscape Plan and Irrigation Plans, pages 11-15 of the Development Plan, is made part of the land use approval for the
Development Plan.
1.7 Municipal Code. The Avon Municipal Code, including the Avon Development Code, as may be amended from time to time.
1.8 Public Improvements. Those improvements to be acquired, constructed, or installed for the benefit of the public, including, but not limited to, the Public Improvements described
in Article IV.
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1.9 ROW. “ROW” shall mean that certain public right of way as described in the Development Plan.
1.10 Term. The term of this Agreement as provided in Article III.
ARTICLE II DEVELOPMENT PLAN
2.1 Development Plan. The Development Plan sets forth the approved scope of development of the Property and has been approved by the Town through action by the Town of Avon
Planning and Zoning Commission and Town Council, including the Development Bonus.
2.2 Compliance with General Regulations. The approval of the Development Plan and this Agreement shall not preclude the application of Town ordinances and regulations, or state or federal laws and regulations, which are general in nature and are applicable to all property subject to land use regulation by the Town, including, but not limited to,
building, exterior energy offset, fire, plumbing, electrical and mechanical codes, as all
such regulations exist on the date of this Agreement or may be enacted or amended after the date of this Agreement.
ARTICLE III TERM
3.1 Term. The term of this Agreement shall commence on the Effective Date of this
Agreement and shall continue after construction of the building(s) for so long as the building(s) which comprises the Development continues to exist and for five (5) years after such time the building(s) that comprises the Development no longer exist on the Property. In the event the building(s) which comprises the Development is destroyed by
fire or other calamity and then reconstructed within five (5) years, such reconstructed
building shall be deemed the building(s) that comprises the Development and this Agreement shall continue in full force and effect until five (5) years after the reconstructed building no longer exists. The Parties may terminate this Agreement earlier by mutual agreement.
ARTICLE IV PUBLIC IMPROVEMENTS
4.1 Public Improvements. The Owner agrees to construct and install the public improvements set forth in this Agreement (the “Public Improvements”). Such obligations directly relate to the Application complying with the minimum required development standards
set forth in the Code and are material to the terms, conditions, covenants, and mutual
promises bargained for by Town and the Owner in this Agreement. The Owner shall install or cause to be installed all Public Improvements that the Owner is required to construct in a good and workmanlike manner in accordance with the applicable regulations of the Town and applicable Utilities, as defined below, and in accordance
with this Agreement.
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(a) Utility Improvements. The Owner agrees to install all utility improvements as described in the Development Plan.
(b) Drainage Improvements. The Owner shall install drainage improvements for
stormwater control and quality as described in the Development Plan.
(c) Pedestrian Connection. The Owner shall participate in connecting this property to the Town Hall site generally located on the east side of the Development connecting West Beaver Creek Blvd. to the pedestrian improvements on the east
side of Town Hall. The parties shall agree to the location and design prior to
issuance of a building permit. This connection shall provide public access until such time as pedestrian way is completed on the adjoining Lot B.
4.2 Security for Public Improvements. Owner shall post sufficient security to guarantee the installation, performance, or maintenance of any required Public Improvements, and any
public facilities damaged by Developer during construction of the Development or Public
Improvements. The total amount of required security for Public Improvements for the Development shall be 125% of the Owner’s engineer’s estimate of the cost to complete Public Improvements identified on the Public Improvement Map. Security shall be in a form acceptable to and approved by the Town Manager and Town Attorney. As Public
Improvements are completed, Developer may apply to the Town Manager for release for
all or part of the security.
4.3 Timing of Public Improvements. The Owner shall complete the Public Improvements and the Town shall have provided written notification of acceptance of the Public Improvements by the Town (the “Town’s Notification of Acceptance”) on or before the
earlier of (1) date of a certificate of occupancy or temporary certificate of occupancy,
whichever is earlier, for the Development, or (2) within three (3) years of obtaining a building permit, whichever is earlier. The Owner shall inform the Town of all construction plans within Town property and within the ROW at least ninety (90) days prior to the start of construction that is to occur within Town property or the ROW. If the
Owner has not received the Town’s Notification of Acceptance from the Town of all
Public Improvements, the Town may withhold the issuance of a Temporary Certificate of Occupancy.
4.4 Warranty Period. The Public Improvements constructed and installed by the Owner shall be warranted to be free from defects in material, workmanship, and quality for a period of
two (2) years after the date of the Town’s Notification of Acceptance (the “Warranty Period”). In the event of any such defect arising during the Warranty Period, the Town may require the Owner to correct the defect in material, workmanship, or quality. Ten percent (10%) of the total actual cost of completion of all Public Improvements to be installed and constructed by the Owner shall be collected by the Town from the Owner as
security during such two (2) year period as the improvement warranty pursuant to Code §
7.32.100, as may be amended. In the event any corrective work with respect to the material, workmanship and quality is performed during the Warranty Period then the warranty on said corrected work with respect to the material, workmanship and quality
Development Agreement: Lot 3 Mountain Vista, LLC – Town of Avon
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shall be extended for two (2) years from the date on which it is completed. Security equal to 125% of the cost of any corrected work with respect to the material, workmanship and
quality, as estimated by the Town, shall be retained by the Town or immediately paid to
the Town by the Owner, if sufficient funds are not held by the Town, in accordance with Code § 7.32.100, for a period of two (2) years from the date of completion of the corrected work.
4.5 Engineering Certification. Upon completion of portions of the Public Improvements to be
installed and constructed by the Owner, the Owner will cause its engineers (who shall
have been actively engaged in observing to a commercially reasonable degree the construction of the Public Improvements and who are licensed in the State of Colorado) to provide a written opinion. The written opinion shall be in form and content reasonably satisfactory to the Town’s Engineer, and based upon on-site observation, review of
sufficient construction- observation reports, field test reports, and material test reports
and certifications by qualified personnel, shall opine that the installation of the Public Improvements, or portions thereof as may be completed from time to time, have been completed, and that to the best of the opining engineer’s knowledge and professional judgment, the Public Improvements are in conformance with all Standards (as defined
below), plans, and specifications as submitted to and previously approved by the Town,
or the pertinent utility supplier, as depicted on Sheets 7-10 of the Development Plan. Inspection reports, test results, as-constructed plans, including surveys, and other supporting documentation shall be submitted with the certification. The as-constructed plans shall be submitted on paper and in a digital format, either AutoCad DWG, AutoCad
DXF, or ESRI GIS shapefile.
4.6 Inspection Procedures. All Public Improvement work shall be done under the published inspection procedures and standards (collectively, “Standards”) established by the Town, Holy Cross Energy, Eagle River Water and Sanitation District, Upper Eagle Regional Water Authority, Xcel Energy, CenturyLink, Comcast, or any other utility (“Utilities”),
as applicable and shall be subject to the reasonable satisfaction of the Town and
applicable Utilities. No work shall be deemed complete until the reasonable approval and acceptance of the Public Improvements by the Town or the Utilities. Inspections by the Town and Utilities shall not relieve the Owner or the Owner’s agents from any responsibility or obligation to ensure that all work is completed in conformance with all
Standards, plans, and specifications as submitted to and previously approved by the Town
and Utilities.
(a) Cost of Inspections: The cost, if any, of inspections, by Town employees, or an independent third-party inspector, shall be paid by the Owner.
(b) Notice of Non-Compliance: In the event that the Town, through its inspectors,
reasonably determines that the Public Improvements to be installed and
constructed by the Owner are not in compliance with the Development Plan, it shall give written notice of such non-compliance (“Notice of Non-Compliance”) to the Owner. The Notice of Non-Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable
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construction plans and specifications with which the Public Improvements fail to comply. The Notice of Non- Compliance must be provided to the Owner within
two (2) working days of the date of the inspection.
4.7 Indemnification and Hold Harmless. The Owner shall indemnify, defend and hold harmless the Town (and its officials, agents, representatives, employees, contractors, and successors and assigns) from all claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability,
judgments, costs or expenses (including reasonable attorneys’ fees) resulting from claims
for bodily injury (including death) to any person or damage to any property, arising during the construction of the Public Improvements or otherwise arising on the Property or from the Owner’s activities while performing this Agreement (including, without limitation, maintenance, repair and replacement activities), including without limitation
any claim that all or any portion of the Public Improvements installed and constructed by
the Owner on Town property or ROW constitute a dangerous and/or unsafe condition within a public right-of-way; provided, however, that this indemnity shall not apply to any claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including
reasonable attorneys’ fees) resulting from any act or omission of the Town or its officials,
agents, representatives, employees, inspectors, including independent third-party inspectors, contractors, and successors and assigns.
4.8 Insurance. With respect to Owner’s obligation with respect to and/or any claims arising from the construction or installation of the Public Improvements, all Owner’s or Owner’s
contractor’s insurance policies related in any way to the Public Improvements shall be
endorsed to include the Town and the Town’s officers and employees as additional insureds/loss payees, applicable within each policy. Every policy covering the Public Improvements shall be primary insurance, and any insurance carried by the Town, its officers, or its employees, or carried by or provided through any insurance pool of the
Town, shall be excess and not contributory insurance to that provided by the Owner or
the Owner's contractors. No additional insured endorsement to the policy required herein shall contain any exclusion for bodily injury or property damage arising from completed operations. The Owner and its contractor shall be solely responsible for endorsement/additional insured costs, premiums and deductible losses under any policy
required above.
ARTICLE V WATER PROVISION, WATER USE AND ENFORCEMENT
5.1 Water Rights/Cash in Lieu Payment. The Property has been allocated water rights by the Town to serve 49.55 Single Family Equivalents (SFEs) and irrigate 5,000acres of
landscaped area as required by the Authority.
5.2 Outdoor Water Usage.
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(a) The Owner shall install a separate irrigation meter pursuant to Code § 7.28.050(g)(6)(ii)(D). This section establishes a maximum allowable outdoor
water use limit for the development to ensure this Development does not exceed
its outdoor water allocation as established by the Authority’s Water Dedication Requirement and Water Service Agreement between the Owner and the Authority.
(b) Outdoor Water Usage on the Property may be curtailed by the Authority or Town
during periods of low stream flows, and/or during instream flow calls. Once
connected, the Authority and/or Town will monitor water usage of the Property.
5.3 Enforcement.
(a) The Authority, upon determining that the Owner or Association has exceeded the Water Usage Limits prescribed above in this Article, may provide written notice
by mail or e- mail to the Owner or its successors and assigns of the violation of
this Section and demand that the excessive water usage cease immediately. The Town, in its sole discretion, may also issue a notice under this Section when it has been notified by the Authority that there is a violation of this Article.
(b) In the event that the water usage of the Property exceeds the Water Usage Limits
in this Article, the Owner shall be obligated to either reduce its water usage to
within the Water Usage Limits, or, at the Authority’s sole discretion, pay additional cash in lieu of a water rights dedication fees for the excess water use. If the Authority, in its sole discretion, does not accept an additional cash in lieu of water rights dedication fee, the Owner or its successors and assigns, , shall be
obligated to reduce its water use to the Water Usage Limits in accordance with all
remedies set forth in this Agreement.
(c) Even if the Owner ceases excessive water usage immediately, the Authority, in its sole discretion, may impose excess water usage fees on the Property for the period of excess usage.
(d) Failure to correct excessive outdoor irrigation water use may result in a seven (7)
day Notice of Disconnection, at the sole discretion of the Authority or other enforcement action commenced by the Authority and/or Town.
(e) The Town has the right, but not the obligation, to enforce the provisions of this Article and may take such action as permitted or authorized by law, this
Agreement or the ordinances of the Town, as the Town deems necessary to
protect the public health, safety and welfare. Nothing in this Agreement shall be construed to restrict or limit the Town’s rights to enforce and regulate water usage as such rules and regulations may be adopted the Town generally.
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ARTICLE VI MAINTENANCE AND ONGOING OBLIGATIONS
6.1 Operations and Maintenance. The Owner understands and acknowledges that those
certain aspects of the maintenance, operation and use of the Development, including drainage, infrastructure, landscaping, and sidewalks (“Owner Maintained Public Improvements”), as delineated on Sheets 7, 8, 9 and 11of the Development Plan and incorporated herein, require maintenance by Owner.
(a) Except in the event such liability arises from the action or omission of Town or its
officials, agents, representatives, employees, inspectors, including independent third-party inspectors, contractors, and successors and assigns, but without waiving governmental immunity, the Owner agrees that the Town is not liable, and will not assume any liability, responsibility, or costs for any damage,
maintenance, or repair of any Owner Maintained Public Improvements erected or
maintained by the Owner under this Agreement.
(b) If the Owner fails to maintain the Owner Maintained Public Improvements, the Town may perform the necessary maintenance and/or repair, as determined by the Town in its sole discretion, after providing at least thirty (30) days written notice
to the Owner detailing the necessary maintenance and/or repair. If, after the
remedy period set in the notice, the Owner fails to perform the necessary maintenance and/or repair, the Town may perform such maintenance and/or repair. The actual costs of the maintenance and/or repair, together with a fifteen percent (15%) charge for administration, shall be assessed against the Property.
The Town shall send a notice of assessment to the Owner and upon the expiration
of the thirty (30) period provided in such notice, the costs, including the administrative charge, shall be a lien upon the Property. If the assessment is not paid within thirty (30) days of the lien, the Town may impose interest upon such costs and upon the administrative charge, at the rate of eighteen percent (18%) per
year. All costs, interest and charges, including the costs of collection, may be
certified to the County Treasurer and collected in the same manner as taxes.
ARTICLE VII COMMUNITY HOUSING
7.1 Community Housing Units. Owners agree to construct, as part of the Development, two
dedicated workforce housing units, consisting of not less than _______ square feet for
each unit as shown on Exhibit ___. The use of such units shall be restricted to Community Housing (as that term is defined in the Municipal Code) in accordance with such a recorded deed restriction as approved by the Town Council, at Town Council’s sole discretion.
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ARTICLE VIII RESTORATION OF SITE
8.1 Restoration Due to Inactivity. Unless a building permit extension is granted in writing by
the building official upon justifiable cause demonstrated by the Owner, the building permit shall become invalid after 180 days of suspended work. If the building permit becomes invalid, the Owner shall restore the site to the condition the site was in at the time of issuance of the building permit (subject to changes reasonably necessary for
public safety or preservation of land and adjoining land, or to prevent waste) within thirty
(30) days from the date of notice by the Town that restoration is required. Upon restoration of the Property in accordance with this Article and to the reasonable satisfaction of the Town, this Agreement shall automatically terminate.
8.2 Restoration Funds. The Owner, upon issuance of a building permit shall provide security
pursuant to Avon Municipal Code as security for any possible future required restoration.
If the obligation to restore arises (i.e., if the permit becomes invalid) and if the Owner thereafter fails to restore the Property in compliance with this Article and to the Town’s satisfaction, the Town may use such funds to cover the costs of any required restoration work. The Town shall maintain an accounting of such costs and once restoration work is
completed, the Town shall return any remaining funds along with such accounting. If the
funds are insufficient to perform the restoration work, the Owner, upon demand from the Town, shall deposit additional required funds as determined by the Town. If the Owner fails to provide such funds, the Town’s costs of restoration over the amount of funds current held, shall be a lien upon the Property to be collected in the same manner as
property tax and the Town may certify such amount to the County Assessor for
collection, including an additional 10% imposed by the Town for costs of collection.
8.3 Return of Funds. After the issuance of a Certificate of Occupancy, the Town shall refund 50% of the restoration funds to the Owner. After the issuance of a final Certificate of Occupancy for the last building to be constructed within the Development, the Town
shall refund the remaining restoration funds to the Owner.
ARTICLE IX DEFAULTS, REMEDIES AND TERMINATION
9.1 Default by Town. A “breach” or “default” by the Town under this Agreement shall be defined as the Town’s failure to perform its obligations under this Agreement, after the
applicable cure period described in Section 9.3, below.
9.2 Default by Owner. A “breach” or “default” by the Owner shall be defined as the Owner’s failure to fulfill or perform any obligation of the Owner contained in this Agreement following the applicable cure period described in Section 9.3, below, or the Owner’s failure to fulfill or perform any obligation of the Owner contained in any other written
agreement relating to the Property between the Town and the Owner or the Town
following any applicable cure period contained in such agreement.
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9.3 Notices of Default. In the event of a default by either Party under this Agreement, the non-defaulting Party shall deliver written notice to the defaulting Party of such default, at
the address specified in Section 10.6, and the defaulting Party shall have five (5) days for
monetary obligations and thirty (30) days for non-monetary obligations from and after receipt of such notice to cure such default. With respect to non-monetary obligations, if such default is not of a type that with the exercise of reasonable diligence can be cured within such thirty (30) day period and the defaulting Party gives written notice to the
non-defaulting Party within such thirty (30) day period that it is actively and diligently
pursuing such cure, the defaulting Party shall have a reasonable period of time up to one hundred eighty (180) days given the nature of the default to cure such default, provided that such defaulting Party is at all times within such additional time period actively and diligently pursuing such cure.
9.4 Remedies for Default by Town. If a default by Town under this Agreement is not cured
as described in Section 9.3, the Owner shall have the right to enforce the Town’s obligations by an action for any equitable remedy, including, without limitation, injunction or specific performance or an action to recover damages. Each remedy in this Section 9.4 is cumulative and is in addition to every other remedy provided for in this
Agreement or otherwise existing at law or in equity.
9.5 Remedies for Default by the Owner. If any default by the Owner under this Agreement is not cured as described in Section 9.3, the Town shall have the right to enforce the Owner’s obligations hereunder by an action for any equitable remedy, including injunction or specific performance, or an action to recover damages. Each remedy in this
Section 9.5 is cumulative and is in addition to every other remedy provided for in this
Agreement or otherwise existing at law or in equity. In addition, if a default of this Agreement by the Owner also constitutes a violation of the Code and non- compliance with the Development Plan for this Property then the Town shall have all enforcement rights as described in the Code and other applicable sections of the Code concerning
enforcement and penalties for violations, as the Code may be amended from time to time.
9.6 Mediation. The Parties agree that prior to submitting any controversy or claim arising out of or relating to this Agreement, including, without limitation, any breach, default, or interpretation hereof, to a legal process, and as a prerequisite to initiating any legal process, the Parties shall attempt to resolve the controversy or claim in good faith in
accordance with the procedures stated in this Section 9.6. The Party asserting the breach,
default, controversy, or claim shall first provide written notice to the other Party, citing this Section 9.6, and requesting consideration by the other Party to resolve the controversy or claim. The Parties shall use reasonable efforts to resolve the dispute within thirty (30) days from the date of the notice commencing this process. If the dispute is not
resolved within thirty (30) days of the date of the notice, or by such longer period as may
be mutually agreed by the Parties, then either Party may initiate a legal action. At any time after the written notice citing Section 9.6, the Parties may mutually agree to appoint an independent neutral third party (the “Mediator”) to assist them in resolving the dispute. In such an instance, (i) each Party agrees to provide the Mediator access to all
relevant and non-privileged documents and may impose reasonable confidentiality
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provisions; (ii) the Parties may make representations and submissions to the Mediator but there shall be no formal hearing unless the Mediator requires a formal hearing and
provides a written notice to the Parties; (iii) the Mediator shall make his
recommendations in writing as soon as is reasonably possible but not later than thirty (30) days following the receipt of representations and submissions by each Party; (iv) the Mediator’s recommendation shall not be binding upon the Parties, but would become binding upon the Parties if voluntarily accepted by both Parties in writing; and (v) the
fees of the Mediator shall be paid equally by the Parties. Following receipt by the Parties
of the recommendations made by the Mediator, the Parties shall have ten (10) days, or such longer period as may be mutually agreed by the Parties, to accept said recommendation or a mutually acceptable alternative. Submission of the dispute to the Mediator shall be deemed by the Parties to toll the applicable statute of limitations until
the mediation process is concluded.
ARTICLE X MISCELLANEOUS
10.1 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado.
10.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between
the Town and the Owner, and nothing contained in this Agreement shall be construed as making the Town and the Owner joint venturers or partners.
10.3 Applicability of Avon Municipal Code. All matters not covered by this Agreement are controlled by the Code to the extent applicable. This Agreement does not prevent the
Town from imposing additional requirements not inconsistent with this Agreement as
conditions for approval of a subdivision or the granting of a building permit.
10.4 Waiver. No waiver of one or more of the terms of this Agreement shall be effective unless in writing. No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances.
10.5 Severability. If any term, provision, covenant, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long at the intent of this Agreement is not frustrated.
10.6 Notices. Any notice or communication required or permitted under the terms of this
Agreement shall be in writing, may be given by the Parties hereto or such Party’s
respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient(s), by whatever means; (ii) three (3) business days after the same is deposited in the United States Mail, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after
the same is deposited with an overnight courier service of national reputation having a
delivery area encompassing the address of the intended recipient, with the delivery
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charges prepaid; or (iv) when received via electronic mail to intended recipient’s electronic mail address, provided below. Any notice shall be delivered, mailed, or sent, as
the case may be, to the appropriate address set forth below:
If to Town: Town of Avon Attention: Town Manager P.O. Box 975 Avon, Colorado 81620
Telephone: 970-748-4004
Email: townmanager@avon.org
And: Town of Avon Attention: Town Attorney P.O. Box 975
Avon, Colorado 81620
Telephone: 970-748-4001 Email: townattorney@avon.org
If to Owner: Lot 3 Mountain Vista LLC
And:
Each Party may change its addresses and/or email addresses for notices pursuant to a written notice that is given in accordance with the terms hereof. As used herein, the term “business day” shall mean any day other than a Saturday, a Sunday or a legal holiday
for which U.S. Mail service is not provided. Whenever any date or the expiration of
any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter.
10.7 Amendment of Agreement. For the purpose of any amendment to this Agreement,
“Owner” shall mean only the Owner as defined herein and those parties, if any, who have
specifically been granted, in writing by the Owner, the power to enter into such amendments. No amendment to this Agreement shall be valid unless signed in writing by Owner and Town.
10.8 Assignment. This Agreement shall be binding upon and shall inure to the benefit of the
successors in interest or the legal representatives of the Parties hereto. The Owner shall
have the right to assign or transfer all or any portion of its interests, rights or obligations
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under this Agreement to an entity or entities formed for the purpose of developing the Property which are managed by an affiliate of the Owner and comprised of affiliates of
the Owner. Further, the Owner shall have the right to assign or transfer all or any portion
of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property, including, but not limited to, purchasers or long-term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property. Notwithstanding the forgoing, any assignee shall fully
assume in writing all obligations of the Owner assigned to such assignee and Owner must
obtain the Town’s written consent to such assignment, which consent will not be unreasonably withheld or delayed if the Owner has reasonably demonstrated to the Town that the assignee has the financial capability to perform the obligations under this Agreement so assigned. Nothing in this Section shall be deemed to limit or in any way
restrict the sale or other conveyance of property within the Property.
10.9 Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Any electronically delivered counterparts shall have the same force and effect as an “ink-signed” original.
10.10 No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part
1 of the Colorado Revised Statutes..
IN WITNESS WHEREOF, the Owner and the Town have executed this Agreement as of the date first written above.
TOWN OF AVON:
_______________________________ Amy Phillips, Mayor
ATTEST: ___________________________________
Miguel Casanueva, Town Clerk
OWNER: LOT 3 MOUNTAIN VISTA LLC
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By: ___________________________________
Name: ________________________________
Title: ________________________________
STATE OF COLORADO ) ) ss.
COUNTY OF ____________ )
Acknowledged before me this ____ day of _______________ 2023, by ____________________ as ____________________ of Lot 3 Mountain Vista, LLC., a Colorado limited liability company, on behalf of the limited liability company.
My commission expires:
____________________________________ Notary Public
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June 20, 2023 Page 15 of 15
As to Article V of the Agreement only:
UPPER EAGLE REGIONAL WATER AUTHORITY:
________________________________ Dick Cleveland, Chair
ATTEST:
_______________, Secretary
RESTRICTIVE COVENANT
THIS RESTRICTIVE COVENANT (the "Covenant") is made and entered into as of
___________________, 2023, by and between Lot 3 Mountain Vista LLC, a Colorado limited
liability corporation ("Owner"), and the Town of Avon, a home rule municipal corporation of the
State of Colorado ("Town") (Owner and Town may be referred to individually as "Party" and
collectively as "Parties").
RECITALS
A.The Owner owns approximately 1.099 acres within the Town that is legally described as
Lot 3, Mountain Vista Resort Subdivision, according to the Plat thereof recorded on March 31,
2021 at Reception No. 202109327, Town of Avon, County of Eagle, State of Colorado, and
commonly known as 140 W. Beaver Creek Blvd., Avon, CO 81620 (the "Property").
B.The Town's development standards require 1 off-street parking space per accommodation
unit for lodging or hotel uses.
C.To validate the Owner's proposed parking design, which does not strictly comply with the
Town's development standards, the Owner and Town desire to enter into and establish this
Restrictive Covenant, which shall burden the Property.
AGREEMENT
NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions,
covenants, and mutual promises set forth in this Covenant, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the
Town agree as follows with respect to the Property:
1.Recitals.The foregoing recitals are hereby incorporated into this Covenant and are
made a part hereof as if specifically set forth herein.
2.Covenant. The Owner hereby declares and covenants that the Property shall include a
full-time valet-only parking operation and equipment necessary, including but not limited
to vertical vehicle stackers, to provide parking for minimum of 158 vehicles in substantial
conformance with the parking plan, attached hereto and incorporated by reference.
3.Amendment of Covenant. This Covenant shall constitute a covenant running with the
land and shall not be amended, modified or terminated without the prior written consent of
the Town, and shall be binding on the Parties hereto, and their successors and assigns. In
the event of any breach or threatened breach of the terms and conditions of this Covenant,
the Town shall have the right to seek specific performance against the Owner. In the event
ATTACHMENT C
of litigation to enforce any of the terms or provision of this Covenant, the prevailing party
shall be entitled to an award of its costs and reasonable attorneys' fees.
IN WITNESS WHEREOF, the Owner and the Town have executed this Covenant as of the date
first written above.
TOWN OF AVON:
_______________________________
Amy Phillips, Mayor
ATTEST: ___________________________________
Miguel Casanueva, Town Clerk
OWNER:
LOT 3 MOUNTAIN VISTA LLC
By: ___________________________________
Name: ________________________________
Title: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF ____________ )
Acknowledged before me this ____ day of _______________ 2023, by ____________________
as ____________________ of Lot 3 Mountain Vista, LLC., a Colorado limited liability
company, on behalf of the limited liability company.
My commission expires:
_____________________________________
Notary Public
Page 1 of 10 Town of Avon – Resident Occupied Community Housing Deed Restriction
TOWN OF AVON - RESIDENT OCCUPIED COMMUNITY HOUSING DEED RESTRICTION
NON-PRICE CAPPED
THIS DEED RESTRICTION (“Deed Restriction”) is made and executed on ________________________________, 2023 by Lot 3 Mountain Vista, LLC, a Colorado Limited Liability Corporation (“Declarant”), for the benefit of the Town of Avon, a Colorado home rule
municipality (“Town”).
WHEREAS, as a condition of the Town approving a Major Development Plan, Development Bonus and Development Agreement for Lot 3, Mountain Vista Resort Subdivision, Town of Avon, County of Eagle, State of Colorado, the Town Council of the Town of Avon required that the “Property”, as defined below in Section 1, include not less than two (2) units subject to and
encumbered by a Resident Occupied Community Housing Deed Restriction which limits the
occupancy and use of the Property to full-time residents who meet the definition of Eagle County Employee, in accordance with the terms set forth in this Deed Restriction; and,
WHEREAS, Declarant and Town desire to enter into this Deed Restriction.
NOW, THEREFORE, for value received and in consideration of mutual promises and to
satisfy the condition Town approval to execute a Deed Restriction, Declarant does hereby declare
and impose the following covenants on the Property described below, which covenants shall burden and run with the Property in perpetuity for the benefit of the Town until modified or released by the Town.
COVENANTS
1.Property. The following real property is hereby burdened with the covenants and restrictions
specified in this Deed Restriction: Units ____ and _____ located on Lot 3, Mountain Vista ResortSubdivision, according to the Plat thereof recorded on March 31, 2021, at Reception No.202109327, Town of Avon, County of Eagle, State of Colorado (“Property”). The Town shallrecord 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 anaverage of at least thirty-two (32) hours per week for at least eight (8) months in eachcalendar year or earns seventy-five percent (75%) of his or her income and earnings byworking 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 whoderives income from self-employment whose business is situated in Eagle County; or aperson who works for an employer outside Eagle County if that person can demonstratethat such residence is the primary residence for that person.
b.Owner means the Owner of the Property and may include either a Qualified Owner or Non-
Qualified Owner, as the context requires.
ATTACHMENT D
Page 2 of 10 Town of Avon – Resident Occupied Community Housing Deed Restriction
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,
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. 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-
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).
Page 3 of 10 Town of Avon – Resident Occupied Community Housing Deed Restriction
b. 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.
c. 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.
d. Owner covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3.
e. 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.
f. The Owner of the Property shall submit to the Town an annual certification setting forth evidence establishing that the Property’s occupancy and use complies with this Deed
Restriction on a form provided by the Town. The Town shall provide a written request
with at least thirty (30) days’ notice for verification of occupancy, which notice shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office.
4. 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 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. A default by Owner shall
include breach of the covenants set forth in this Deed Restriction, including without limitation any
of the following:
Page 4 of 10 Town of Avon – Resident Occupied Community Housing Deed Restriction
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.
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. Executing a deed of trust, lien or other encumbrance which encumbers the Property with
an indebtedness or obligation that exceeds eighty-five (85%) of the loan to value ratio of
the Property at the time of executing such deed of trust, lien or other encumbrance.
h. 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.
i. Permitting the use of the Property as a Short Term Rental or Second Home.
5. 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 Town Council of the Town. A decision of the Town Council of the Town 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 Town Council of the Town (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 Town Council of the Town 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
Page 5 of 10 Town of Avon – Resident Occupied Community Housing Deed Restriction
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 requirement of curing the notice of default.
6. 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 attorney’s fees, court
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.
7. 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.
8. 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
Page 6 of 10 Town of Avon – Resident Occupied Community Housing Deed Restriction
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.
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.
9. 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.
10. 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.
Page 7 of 10 Town of Avon – Resident Occupied Community Housing Deed Restriction
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.
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.
Page 8 of 10 Town of Avon – Resident Occupied Community Housing Deed Restriction
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]
Page 9 of 10 Town of Avon – Resident Occupied Community Housing Deed Restriction
IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above.
OWNER:
Lot 3 Mountain Vista LLC, a Colorado limited liability corporation
By:_________________________________
Name: ______________________________
Its: _________________________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was subscribed, sworn to and acknowledged before me this ___
day of____________________, 2022, by ___________________________________ as
___________________ of Lot 3 Mountain Vista LLC., a Colorado limited liability corporation, as the owner of the real property described above.
Witness my hand and official seal. ______________________________
Notary Public
My commission expires: ________________
Page 10 of 10 Town of Avon – Resident Occupied Community Housing Deed Restriction
TOWN OF AVON, CO:
By:__________________________________ Attest:______________________________
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
STATE OF COLORADO )
) ss. COUNTY OF EAGLE )
Subscribed before me this ______ day of _______________, 2022, by Sarah Smith Hymes, as Mayor, and Brenda Torres, as Town Clerk of the Town of Avon, a Colorado home rule
municipal corporation.
My commission expires:
___________________
__________________________________________ Notary Public
Lot 3, Mountain Vista Resort
‘Stonebridge’ Hotel
Financial Projections
Property Taxes - Projections
Assumptions - 50% of the Hotel will be completed prior to June 30, 2025, allowing Eagle County to value the property at
$27,500,000. The completion of the building will be prior to June 30, 2026, at a value of $55,000,000.
Projected Property Value - $55,000,000
Existing Assessed Valuation - $860,840
Property Tax Calculation –
Summary – In 2026 the net Property Tax revenues would be assessed at $517,413 and would be received in 2027. In 2027 the net
Property Tax revenues would be assessed at $1,034,826 and would be received in 2028.
Sales Tax – Projections
Assumptions – Stonebridge hotel would be completed by June 2026 allowing for 6 months of revenue. The average daily room rental
would be $300 per night. The average occupancy rate would be 50%. The hotel would average 1.75 guests per occupied room.
Approximately, 2/3 of the hotel guests would spend an average of $50 a day in the Town of Avon. Fifty percent of all hotel guests
would use the hotel’s restaurant and bar.
Sales Tax Calculation –
Summary – In 2026 the total sales tax and accommodation tax collected would be approximately $340,000 from the hotel’s rentals.
The restaurant and bar would generate approximately $16,500 in sales tax. In 2027, after the hotel has been established, the total
sales tax and accommodation tax collected would be approximately $680,000 from the hotel’s rentals. The restaurant and bar would
generate approximately $33,000 in sales tax.
Thanks, Paul
ATTACHMENT E
970.748.4023 jskinner@avon.org
Page 1 of 2
TO: Honorable Mayor Amy Phillips and Council members
FROM: Jena Skinner, AICP Senior Town Planner
RE: Work Session: Updating Housing Guidelines
DATE: June 27, 2023
SUMMARY: This report updates current housing efforts and context for modifying the 1990-1991 Town of
Avon Housing Guidelines. Moving forward, this document will be retitled as the Town of Avon Housing
Program Guide and Administrative Procedures (“HPGAP”), as guidelines sound very optional and do not
lend all of the additional- and much-needed procedures and language for selling and purchasing units, and
how existing deed restrictions need to be administered, procedurally. The Town Council first reviewed this
request to update the subject document on April 25, 2023. This report reflects on the intentions presented
at the previous hearing and includes revised materials for review at this work session.
As Avon moves forward in pursuing more and more community housing opportunities, replacing the
severely outdated Housing Guidelines becomes very important. Having a up to date document that
supports community housing efforts aides in formulating solid intergovernmental partnerships, in pursuing
funding sources, and in attracting new development to the Town of Avon.
Attached to this report you will find our proposed deeds to be used as staring points in discussing and
implementing new community housing projects, as well as a price capped deed restriction replacement
document that was discussed during the previous work session as a tool to raise the outdated values of
these important properties of high demand. Although the new HPGAP cross references the Mi Casa Avon
Program, the current Mi Casa deeds will be kept separate from this attachment, as those deeds are specific
to that program.
REPEAL AND REPLACEMENT OF THE 1990/1991 HOUSING GUIDELINES:
The 1990/1991 Housing Guidelines are cross referenced within the various price capped deed-restricted
units (66) within Avon. Point of fact: this document needs updating as it no longer functions efficiently as a
tool to manage the purchase and sale of these units. Further, it does not recognize the Mi Casa Program
or the Town of Avon Housing Plan, nor does it reflect using Area Median Incomes (AMI) as the standard for
establishing income qualifications and managing the values of these specialized housing units. In being so
outdated, owners experience “low morale” and may experience an onerous feeling regarding improving the
quality of place in these units. Predominantly, this is due to the use of old restrictions that do not reflect
current housing culture.
The low monetary value of our limited and highly coveted price capped units is meager when it comes to
the resale of these units. These lower values concern Staff and unit owners, as all deed-restricted
properties deserve the protection of their necessity (social capital) and the equity that both the owners and
the Town have in these units. These are an extreme and precious asset to our workforce. While it may
appear that having extremely low-priced price capped deed-restricted units is a good thing for potential
buyers, it is not helping existing owners if there is a need to upgrade their units to reflect growing families or
reinvest in their unit when their list of capital improvements is so scant – especially if all their money is
going towards escalating HOA dues or the cost to maintain aging units.
Town of Avon Staff, with assistance from the Valley Home Store / Eagle County Housing Authority, have
recrafted the subject Guidelines into their current format and materials in response to the changing housing
conditions in our community and the Avon Community Housing Plan goals.
970.748.4023 jskinner@avon.org
Page 2 of 2
Written with significant considerations of the various deed restrictions in place for restricted properties in
Avon, the proposed draft clarifies, and updates outdated procedures and provides essential information
currently “missing” or not contemplated previously when the deed restrictions were implemented. More
importantly, the current administrative housing procedures of Eagle County, our housing liaison, now
standardize the updated processes used by regional housing entities.
FORTHCOMING PROGRAMS
REPLACEMENT DEEDS FOR EXISTING OWNERS OF DEED RESTRICTED UNITS. Staff has been
approached by a number of concerned price capped, deed restriction owners about the extreme gap in
value that now exists between these old restrictions (1994/2000/2001/2012). Essentially, owners feel stuck
in their homes, and have not made investments into their units as the capital improvements that may be
captured upon sale and that add to the value of the resale, is very limited. Allowing for (e.g.,) a 3%
increase every year in value for how long you’ve owned the unit (not compounded), with a recapture of
capital improvements - that may not exceed 10% of the purchase price, is an extremely low formula for re-
establishing a resale value if you’ve owned the unit for a long time. In 2023, swapping out old windows
may exceed the 10% amount for just one improvement.
The proposed ToA Housing Program and Administrative Guide has already prepared for this action by
suggesting a revised list of allowable Capital Improvements that is reasonable and reflects the current
housing policies of Eagle County. Staff would also like to update the old restrictions to allow the Town to
have first rights to purchase a for-sale unit, ensuring that the unit is of a livable standard and is valued
accordingly. The replacement deed also clarifies compliance procedures and expectations.
The Valley Home Store (“VHS”), who has been assisting in the HPGAP rewrite is experienced in dealing
with updated deed restrictions in various areas in unincorporated and within the Town of Eagle. Working
with the VHS, Staff is close in establishing baseline reset values for these properties. Additionally, the
Attorney’s Office is currently working with Staff to create the standardized replacement deeds for this
program. Staff anticipates this program to go into effect in early August. Staff will update Town Council
when the program is ready for implementation.
RECOMMENDATION: Staff recommends that Town Council approve Resolution 23-11, which officially replaces the 1990/1991 Hosing Guidelines with the Town of Avon Housing Program Guide and Administrative Procedures (“HPGAP”).
SECONDARY RECOMMENDATION FOR COUNCIL CONSIDERATION With the approval of the existing Housing Guidelines and the forthcoming replacement deed restriction program, Staff recommends Town Council incorporate an ongoing quarterly housing work session to continually discuss contemporary community housing trends and efforts/ideas that may assist Avon in
advancing the number of workforce housing units within our community.
Thank you, Jena
ATTACHMENTS: Town of Avon Housing Program and Administrative Procedures Guide
Proposed Resolution
1990/1991 Housing Guidelines
Res 23-11 HPGAP Page 1 of 1
RESOLUTION 23-11
APPROVING THE REPEAL AND REPLACEMENT OF THE 1990-1991 HOUSING GUIDELINES WITH THE TOWN OF AVON HOUSING PROGRAM AND ADMINISTRATIVE PROCEDURES DOCUMENT
WHEREAS, the existing Town of Avon Housing Guidelines were adopted in 1990-1991 and have not been useable for several years due to the outdated nature of this document; and WHEREAS, several existing deeds refer to this document; however, due to the outdated nature of the 1990-1991 Housing Guidelines, this document does not assist in the proper maintenance of price capped deed restriction properties as was originally intended; and WHEREAS, community housing practices and efforts have changed requiring this document to be updated to reflect contemporary management of existing and ongoing housing programs, and
WHEREAS, the Avon Town Council held work sessions on April 25, 2023, and June 27, 2023, considered all comments, testimony, evidence, and reports provided by the Town Staff prior to deciding on the request
to update the existing Housing Guidelines; and
WHEREAS, the goal of Staff and Town Council is to allow this document to be updatable and to be maintained as a living document; and
WHEREAS, the Town of Avon Housing Program Guide and Administrative Procedure document supports and conforms to Avon Municipal Code, Town of Avon Comprehensive Plan, the Avon Community Housing Plan, and other Community Housing programs and policies set forth by the Town of Avon.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby repeals and replaces the 1990 -1991 Housing Guidelines with the 2023 Town of Avon Housing Program Guide and Administrative Procedure document that supports Community Housing programs and projects in the Town of Avon.
ADOPTED this day of 2023. AVON TOWN COUNCIL
By: ______________________________ Attest: _______________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
HOUSING
GUIDELINES
2023
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PURPOSE
“To achieve a diverse and permanent attainable housing portfolio of rental and for-sale units that supports
the working community of the Town of Avon.”
INTRODUCTION
Households - no matter what configuration that consists of, have incomes that cannot support mortgage
payments for any median price dwelling units in Avon. The rental market is similarly challenging for local
residents. Vacancy rates have been approaching zero, and with low inventories of restricted units since
2007, average rental rates have risen significantly throughout the County.
The Town of Avon Comprehensive Plan sets a vision for diverse opportunities for residents, businesses,
and visitors. The Town of Avon seeks to expand upon its long history as a high-amenity year-round resort
community by adopting the Avon Community Housing Plan and implementing its strategies. The current
housing market, which offers very few affordable opportunities for year-round residents to put down roots in
Avon, poses a challenge to this vision. Through the acquisition and administration of Deed Restrictions,
Avon seeks to create and preserve local workforce housing for present and future generations of residents.
This document replaces the 1990/1991 Avon Housing Guidelines in its entirety and shall be used as the
official document supporting all deed restrictions secured through the Town of Avon. This includes those
deed restrictions created through the development process or independent thereof, like those within Mi
Casa Avon or similar program. These provisions apply to both price-capped and resident occupied deed
restrictions, for sale, or rental units.
This document shall be incorporated for use via Resolution and may be updated and amended from time to
time at the Discretion of the Town of Avon, to keep all housing information up to date reflecting Avon’s
current market conditions and community needs.
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Table of Contents
Chapter 1 - Description of Housing Guidelines. ...................................................................................... 5
Chapter 2 - Information for Developers of Deed Restricted Housing Units. ......................................... 5
A. Initial Pricing of Priced Capped For-Sale Housing. ............................................................................... 5
B. Deed Restrictions for Price Capped For-Sale Housing. ........................................................................ 5
E. Maximum Rental Rates for Price Capped Rental Housing. ................................................................... 6
F. Deed Restrictions for Price Capped Rental Housing. ............................................................................ 6
Chapter 3 - Information for Developers of Deed Restricted Housing Units. ......................................... 7
A. Initial Pricing of Resident Occupied For-Sale Housing. ......................................................................... 7
B. Deed Restrictions for Resident Occupied For-Sale Housing. ................................................................ 7
G. Deed Restriction for Resident Occupied Rental Housing. ..................................................................... 7
H. Divided Ownership of Affordable Rental Housing.................................................................................. 7
I. Homeowners and Condominium Associations. ..................................................................................... 7
J. Employee Housing Mitigation ................................................................................................................ 8
Chapter 4 - Requirements for Buyers, Owners, or Renters of Restricted Housing Units. ................... 8
A. Eligibility Requirements for Members of Households. ........................................................................... 8
B. Limits on Owning Other Real Estate – Price-Capped Housing Units. ................................................... 8
C. Application Process and Selection Criteria for Price Capped For-Sale Housing Units .......................... 9
D. Limits on Owning Other Real Estate – Resident Occupied. ................................................................ 10
E. Application Process and Selection Criteria for Purchasing Existing Resident Occupied For-Sale
Housing Units. ..................................................................................................................................... 11
F. Rental of a DRHU by Qualified Employers for Employees – All DRHUs. ............................................ 11
G. Maintaining Occupancy – All DRHUs. ................................................................................................. 12
H. Compliance – All DRHUs. ................................................................................................................... 12
I. Leave of Absence – All DRHUs. ......................................................................................................... 12
Chapter 5 - Information for Property Managers of Price Capped and Resident Occupied Rental
Units .......................................................................................................................................................... 13
A. Application Process. ............................................................................................................................ 13
B. Annual Verification. ............................................................................................................................. 13
Chapter 6 – Other – All DRHUs. .............................................................................................................. 13
A. Trust Ownership. ................................................................................................................................. 13
B. Short Term Rentals ............................................................................................................................. 14
C. Foreclosures. ...................................................................................................................................... 14
D. Other Title Transfers. .......................................................................................................................... 14
E. Tax Sale. ............................................................................................................................................. 14
F. Previous Guidelines. ........................................................................................................................... 14
Chapter 7 – Sales of Units. ...................................................................................................................... 15
A. Sales of Price-Capped Housing Units. ................................................................................................ 15
B. Maximum Resale Price for Price-Capped Housing Units. ................................................................... 16
C. Increases to Base Price and Permitted Capital Improvements for Price Capped Housing Units. ........ 16
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Chapter 8 – Compliance and Enforcement – All DRHUs ...................................................................... 18
A. Required Documents........................................................................................................................... 18
B. Non-Qualified Transferee. ................................................................................................................... 18
C. Failure to Comply. ............................................................................................................................... 18
D. Uncured Violation. ............................................................................................................................... 19
E. Required Rental. ................................................................................................................................. 19
F. Preservation of Deed Restricted Unit. ................................................................................................. 19
Chapter 9 – Grievance Procedures – All DRHUs. .................................................................................. 19
APPENDIX A – DEFINITIONS .................................................................................................................. 20
APPENDIX B – DEED RESTRICTION TEMPLATES ............................................................................... 26
APPENDIX C – RECOMMENDED LANGUAGE FOR USE IN LEGAL DOCUMENTS ............................ 27
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TOWN OF AVON HOUSING GUIDE AND ADMINISTRATIVE PROCEDURES FOR
RENTAL AND SALE REQUIREMENTS, CRITERIA, SPECIFICATIONS,
PROCEDURES AND PRIORITIES OF DEED RESTRICTED HOUSING UNITS
This document provides Rental/Sale Requirements for Deed Restricted Housing Units establish admission
and occupancy criteria. There are four (4) types of Deed Restricted Housing Units: Price Capped For-Sale
Housing, Price-capped Rental Housing, Resident-Occupied For-Sale Housing, and Resident-Occupied
Rental Housing Units.
Commonly Used Acronyms within this document:
HPGAP – Housing Program Guide and Administrative Procedures (this document) ToA – Town of Avon AMC – Avon Municipal Code DRHU – Deed Restricted Housing Unit
RO – Resident Occupied EC – Eagle County ECAHGAP – Eagle County Affordable Housing Guidelines Administrative Procedures
Chapter 1 - Description of Housing Guidelines.
The Town of Avon Housing Guidelines provide the technical procedures for developing, purchasing,
owning, selling, and renting Deed Restricted Housing Units (“DRHU”) and are to be read and utilized in
conjunction with the Town of Avon Municipal Codes and the various, established Deed Restrictions. The
HPGAP is to be updated periodically based on current real estate market, area median income, and the
most recent affordable housing data, affecting the Avon community.
Chapter 2 - Information for Developers of Deed Restricted Housing Units.
Price-Capped Housing Units
A. Initial Pricing of Priced Capped For-Sale Housing.
The Initial Sales Price for Price Capped For-Sale Housing units shall be initially set no higher than at a
price affordable to Households earning 100%-140% of AMI. The units should be priced in a spectrum
of prices consistent with unit size, location, and market demand. Affordable units should come to
market proportionately with free market units.
See the ECAHGAP for current Maximum Sales Prices.
B. Deed Restrictions for Price Capped For-Sale Housing.
All deed restrictions burdening Price Capped For-Sale Housing units must include resale restrictions
binding future buyers and sellers to the applicable conditions set forth in the Housing Guidelines and
shall be in a form approved by the Town of Avon and the Program Administrator. All purchasers shall
execute the deed restriction as well as any Acknowledgement of Deed Restriction.
The material terms for deed restrictions recorded against Price Capped For-Sale Housing units are as
follows:
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1. Eligible Households only with annual compliance verification by Owner to Town of Avon;
2. Primary Residence use only with annual compliance verification by Owner to Town of Avon;
3. May not own other Real Property, subject to Town of Avon exceptions;
4. Limitations on rentals;
5. Prohibition on Short Term Rentals;
6. Initial Sales Price restrictions;
7. Maximum Resale Price restrictions;
a. Appreciation is based upon the average wage for Eagle County as determined by the Colorado
Department of Labor and Employment using the most current available data, but in no case
shall the allowed increase be more than 3% compounded interest on an annual basis. There
shall be no floor on the amount of the increase.
8. Ownership interest conveyed to Town of Avon;
9. Ability to force sale if Owner is not complying with deed restriction;
10. Town’s option to buy post foreclosure;
11. Resale administered by Program Administrator or assigns. Resale may be subject to
administrative fees, as determined by Program Administer.
12. Annual compliance verification by Owner to Town of Avon.
E. Maximum Rental Rates for Price Capped Rental Housing.
Maximum Rental Rates for Deed Restricted Rental Housing Units must be set at rates that are
affordable for Households with incomes no greater than 80%-100% AMI, based on unit type.
See the ECAHGAP for current Maximum Rental Rates.
F. Deed Restrictions for Price Capped Rental Housing.
The material terms for deed restrictions recorded against Deed Restricted Rental Housing, shall be as
follows:
1. Eligible Households only, unless otherwise permitted;
2. Maximum rents;
3. Prohibition on Short Term Rentals;
4. Annual verification by Owner to Town of Avon;
5. The term of the deed restriction shall be perpetual, and the restriction agreement must be between
the Owner of the rental property and either Town of Avon or other acceptable entity, such as the
Colorado Housing and Finance Authority or the United States Department of Housing and Urban
Development.
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Chapter 3 - Information for Developers of Deed Restricted Housing Units.
Resident Occupied Housing
A. Initial Pricing of Resident Occupied For-Sale Housing.
Sale prices for Resident Occupied For-Sale Housing units are not limited. A spectrum of pricing and
unit sizes responsive to market demand is encouraged. Affordable units should come to market
proportionately with free market units.
B. Deed Restrictions for Resident Occupied For-Sale Housing.
All deed restrictions burdening Resident Occupied For-Sale Housing units must include resale
restrictions binding future buyers and sellers to the applicable conditions set forth in the Housing
Guidelines and shall be in a form approved by the Program Administrator and the Town of Avon. All
purchasers shall execute the deed restriction as well as an Acknowledgement of Deed Restriction.
The material terms for deed restrictions against Resident Occupied For-Sale Housing shall be as
follows:
1. Eligible Households only with annual compliance verification by Owner to Town of Avon;
2. Primary Residence use only with annual compliance verification by Owner to Town of Avon;
3. May not own other Real Property, subject to exceptions;
4. Prohibition on Short Term Rentals.
5. Annual compliance verification by Owner to Town of Avon
G. Deed Restriction for Resident Occupied Rental Housing.
The material terms for deed restrictions recorded against Resident Occupied Rental Housing, shall be
as follows:
1. Eligible Households only;
2. Prohibition on Short Term Rentals;
3. Annual verification by Owner to Town of Avon.
The term of the deed restriction shall be perpetual, and the restriction agreement must be between the
Owner of the rental property and either Town of Avon or other acceptable entity, such as the Colorado
Housing and Finance Authority or the United States Department of Housing and Urban Development.
H. Divided Ownership of Affordable Rental Housing.
No Price Capped Rental Housing or Resident Occupied Rental Housing Unit shall be converted in the
future to For-Sale housing through subdivision, the cooperative form of ownership, condo conversion,
or some similar form of ownership inconsistent with its rental purpose, unless the Owner of such unit
proposes providing substantially similar substitute Deed Restricted Housing Unit and such proposal is
approved in writing in advance by the Town of Avon.
I. Homeowners and Condominium Associations.
Any documents creating a condominium or homeowners association should require that association
dues or assessments levied against Deed Restricted Housing Units be prorated to a maximum of 75%
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of the association dues or assessments levied against market rate units.
J. Employee Housing Mitigation – See AMC Section 7.20.100
Chapter 4 - Requirements for Buyers, Owners, or Renters of Restricted Housing Units.
A. Eligibility Requirements for Members of Households.
1. Employment Qualification. At least one primary member of a Household, or a Household must
meet one or more of the following criteria:
a. An Owner as a defined Qualified Employee as defined in this Housing Program Guide; or
b. A Retired Person or Older Person over the age of sixty (60) and had earned a living in the
Town of Avon or within Eagle County, for no less than five (5) years prior to the date of their
retirement; or
c. A Person with a Disability who had been a full-time employee in the Town of Avon or within
Eagle County immediately prior to their Disability or has been granted an exception to the
minimum of 30 hours per week to continue with a federal or state Disability benefit program, or
as qualifying programs allow; or
d. Owners and Members of Households that reside in the Town of Avon or within Eagle County
but work for employers that are located outside of Eagle County (e.g., remote workers). These
employees may be considered eligible if all other eligibility requirements are met and the
Owner and or Member of the Household can prove Town of Avon or Eagle County residency
for no less than one year before application submission, subject to the Program Administrator’s
sole discretion or as otherwise stated in the applicable deed restriction; or
e. Members of the Household cumulatively earning at least 75% of the Household’s Gross
Household Income in the Town of Avon or within Eagle County or Members of the Household
that are considered qualified renters by the Town of Avon or assigns.
B. Limits on Owning Other Real Estate – Price-Capped Housing Units.
Price Capped Housing.
1. No member of an Eligible Household, including, but not limited to, Owners, spouses and children
under 18 years of age, may own real estate anywhere within Eagle County as of the date of
purchase of the DRHU, subject to the following exceptions:
a. If the Owner is currently an owner of real estate, and are under contract to sell their existing
real estate and purchase a DRHU contemporaneously. A hardship exemption from this
requirement may be granted at the sole discretion of the Program Administrator; or
b. Members of an Eligible Household who owns commercial property for business use or vacant
land may be exempted from this requirement at the sole discretion of the Program
Administrator.
c. During ownership of a DRHU, no Household member shall own any interest alone or in
conjunction with others, in any other real estate anywhere, subject to certain exemptions at the
sole discretion of the Program Administrator. Real estate that is owned by a prospective
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Eligible Household of a DRHU may not deed or Transfer that real estate to a corporation, or
other person or entity nor may real estate be deeded to a corporation or other legal entity in
which the Household member has any financial interest to meet these requirements.
C. Application Process and Selection Criteria for Price Capped For-Sale Housing Units
Households interested in purchasing Price Capped For-Sale Housing units must apply to the Program
Administrator to certify eligibility prior to submitting an offer to purchase a unit. The application and any
accompanying documentation will become the property of the Program Administrator and will not be
returned to the Applicant.
The application steps are as follows:
1. Obtain an application from the Program Administrator;
2. Provide evidence of employment by a Qualified Employer;
3. Provide evidence of residency in Eagle County, if applicable;
4. Affirm on the application that your Household intends to live in the unit as your Primary Residence
and that no members of your Household own other real estate;
5. Provide a letter of prequalification from a mortgage lender for a mortgage with a fixed interest rate
of at least 5 years duration or a statement of proof of funds and submit a copy to the Program
Administrator. Reverse amortization mortgages are prohibited;
6. Provide proof of funds for a down payment equal to at least 3% of the purchase price or as
otherwise stated in the applicable Deed Restriction.
Once basic eligibility has been met, the Applicant submitting the highest and best offer (not to exceed
the Maximum Resale Price) will have the first right to negotiate for the purchase of the unit. If two or
more equal offers are received, those offers will be prioritized for selection based on the selection
criteria listed below. The Program Administrator will notify the Applicant if additional proof of any of the
following items is necessary.
The following selection criteria applies to all resales of Price-Capped For-Sale Housing Units:
1. Applicants will first be ranked according to household income. Priority order is first assigned for
those whose income falls below 100% AMI, second to those whose income falls below 120% AMI,
third to those who fall below 140% AMI and so on. Preference will be for Applicant(s) who meet the
lowest of the available income categories but will not be selected solely based on lowest income
alone. If two or more Applicants fall into the lowest available income category, the following criteria
will be used to further prioritize Applicants.
a. Second priority will be given to those who are currently employed full-time at a business
located in the Town of Avon.
b. Third priority will be given to those who have previously worked full time in the Town of Avon.
Sum of work history is considered on a cumulative, calendar year basis.
c. Fourth priority will be given to those who currently reside in the Town of Avon.
d. Fifth priority will be given to those who currently work full time in Eagle County.
e. Sixth priority will be given to Qualified Employers in Eagle County.
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f. If there is a tie based upon the selection criteria above, the Program Administrator shall hold a
Lottery to determine the winning Applicant. The drawing shall be held by the Program
Administrator during regular business hours and witnessed by the Applicants with equal point
priority, if desired.
g. There will be no consideration for those who do not meet the definition of Eligible Household.
h. Qualified Persons who are removed from their residence located in the Town of Avon or Eagle
County due to conversion or reconstruction of their residence may receive higher priority by the
Town of Avon when being considered for a DRHU.
The following rules apply to the selection process described above:
1. The physical place of prior residency and local employment and/or employer is relevant. The
Applicant’s mailing address or company headquarters is not. For example, company or
organization headquarters are located in “Town A”, but the Eligible Household member reports to
another physical location in “Town B.” In this example, the physical location where the Eligible
Household member reports to daily, in “Town B”, would be considered the physical place of
employment. Alternatively, the company or organization headquarters are located in “Town A” but
work is completed at changing locations throughout the county (e.g., construction/landscaping). In
this example, the location of the headquarters in “Town A” would be used.
2. Full time employment for an Eagle County Employee as defined in Section 3.12.020 of the Avon
Municipal Code.
3. Joint Applicants must meet the criteria for an Eligible Household. Combined income will be
considered in determining a max AMI%, with a combined income not to exceed the equivalent of a
4-person AMI%.
4. Income may be determined using the Applicant's most recent federal income tax return or if
unavailable or if income has changed, by Applicant’s current paystubs, or other reasonable means
as determined by the Program Administrator.
5. All claims shall be verified by the Program Administrator. Claims of residency or employment that
cannot be verified will not be considered in determining length of employment or residency.
6. Eligible Households may have no more than two occupants per Bedroom at any time. For example,
a household of five (5) people does not qualify for a two (2) Bedroom unit.
7. Home office or remote work (remote workers) will be required to provide acknowledgement of
home office status from their employer.
8. If there is a tie based upon the selection criteria above, the Program Administrator will hold a
Lottery to determine the winning Applicant. The drawing will be held by the Program Administrator
during regular business hours and witnessed by the Applicants with equal selection criteria, if
desired.
D. Limits on Owning Other Real Estate – Resident Occupied.
Resident Occupied Housing.
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1. No member of an Eligible Household, including, but not limited to, Owners, spouses and children
under 18 years of age, may own real estate anywhere within Eagle County as of the date of
purchase of the DRHU, subject to the following exceptions:
a. If the Owner is currently an owner of real estate and are under contract to sell their existing
real estate and purchase a DRHU contemporaneously. A hardship exemption from this
requirement may be granted at the sole discretion of the Program Administrator; or
b. Members of an Eligible Household who owns commercial property for business use or vacant
land may be exempted from this requirement at the sole discretion of the Program
Administrator.
During ownership of a DRHU, no Household member shall own any interest alone or in conjunction
with others, in any other real estate anywhere, subject to certain exemptions at the sole discretion
of the Program Administrator. Real estate that is owned by a prospective Eligible Household of a
DRHU may not deed or Transfer that real estate to a corporation, or other person or entity nor may
real estate be deeded to a corporation or other legal entity in which the Household member has
any financial interest to meet these requirements.
E. Application Process and Selection Criteria for Purchasing Existing Resident Occupied For-Sale
Housing Units.
Households interested in purchasing existing Resident Occupied For-Sale Housing units must submit
an application to the Program Administrator to certify eligibility prior to submitting an offer to purchase a
unit, unless otherwise outlined in the recorded deed restriction.
The application and any accompanying documentation will become the property of the Town of Avon
and/or the Program Administrator and will not be returned to the Applicant.
The application steps are as follows:
1. Obtain an application from the Program Administrator.
2. Provide a verification of employment (“VOE”) by a Qualified Employer as follows:
a. The two most recent pay stubs and, a W2 or VOE letter from employer(s), or
b. An employment contract or other documents that the Program Administrator deems necessary
to make this determination, or
c. Affidavit from employer verifying employment plus other documents that the Program
Administrator deems necessary for substantiation.
3. Most recent tax returns, if required by existing deed restriction
4. Affirm on the application that your Household intends to live in the unit as your Primary Residence
and that, unless otherwise stated in the deed restriction, no members of your Household own other
real estate in Eagle County.
There are no selection criteria for resales of Resident Occupied For-Sale Housing units.
F. Rental of a DRHU by Qualified Employers for Employees – All DRHUs.
Qualified Employers may purchase a DRHU and lease to employees who are members of Eligible
Households. Qualified Employers may not impose additional Deed Restrictions to renters within these
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Units without the written consent of the Program Administrator.
G. Maintaining Occupancy – All DRHUs.
The Owner of a Deed Restricted Housing Unit shall continue to use the unit as its primary place of
residence. The Owner of an DRHU will be deemed to have ceased to use the unit as its Primary
Residence by accepting permanent employment outside of Eagle County, by residing in the unit for
fewer than 9 months out of any 12 months, or by registering to vote outside of Eagle County.
H. Compliance – All DRHUs.
Once an DRHU has been purchased, it must continue to be owned and occupied only by an Eligible
Household. On an annual date set by the Program Administrator, the Owner of the Unit, shall submit
the following information to the Program Administrator:
1. A completely filled out compliance verification form stating that the Owner continues to meet
employment and residency requirements, as applicable; and
2. A statement that the Owner owns no other Real Property with the exceptions provided for herein.
The Program Administrator will provide either a paper or electronic form to DRHU Owners. Failure to
provide information as required by the Program Administrator and any applicable deed restriction may
result in forfeiture of appreciation, a sale mandated by the Program Administrator, or any other
available remedy at law or equity.
I. Leave of Absence – All DRHUs.
A leave of absence for an Owner of a Deed Restricted Housing Unit may be granted at the sole
discretion of the Program Administrator, subject to clear and convincing evidence that shows the
reason for leaving and a commitment to return. Said evidence shall be in written form and presented to
the Program Administrator for review and decision prior to the Owner leaving. The leave of absence
shall be in accordance with the limitations as established in the subject Deed Restriction. In the case of
an approved leave of absence, the Owner shall only rent to an Eligible Household.
1. Unless otherwise stated in the applicable deed restriction, any and all charges to rent a Deed
Restricted Housing Unit during a leave of absence may not exceed the lesser of 1) Maximum
Rental Rates for Rental Housing at 100% AMI* or 2) the Owner’s monthly housing expenses.
*See the ECAHGAP for current Maximum Rental Rates.
2. Tenant(s) must submit a complete application and receive approval from the Program
Administrator prior to occupancy. The Owner shall provide a copy of the executed lease agreement
between the Owner and tenant to the Program Administrator.
3. If an DRHU is listed for sale and the Owner has relocated outside of Eagle County, the unit may,
upon approval of the Program Administrator, be rented to an Eligible Household prior to completion
of the sale.
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Chapter 5 - Information for Property Managers of Price Capped and Resident Occupied
Rental Units
A. Application Process.
Only Eligible Households may rent Price Capped and Resident Occupied Rental DRHUs, unless
prohibited by other funding sources. Households must meet all other requirements of the Deed
Restriction.
The Property Manager must document how eligibility and income was confirmed and must keep a
record of any documents supporting the eligibility determination.
B. Annual Verification.
The Property Manager of Price Capped and/or Resident Occupied Rental Units must verify annually
that the Owners and tenants follow the applicable DRHU requirements. The Property Manager shall
submit a written statement to the Town of Avon including the following information and certifying that
such information is true and correct to the best of the Property Manager’s knowledge and belief.
1. A list of Owners or tenants who occupy the DRHUs in the prior calendar year and the evidence, to
include income and employment documentation, submitted by such tenants to establish that their
Households were Eligible Households;
2. A copy of the lease form currently used for tenants of the DRHUs;
3. Copies (which may be electronic) of all application information submitted by the Eligible
Households occupying the DRHUs including but not limited to a copy of a driver’s license, voter
registration, or vehicle registration information;
Manager shall maintain Owner’s records with respect to the use and occupancy of the DRHUs
available to the Town of Avon or its authorized agent for inspection upon request for audit to confirm
compliance with the recorded deed restriction.
Chapter 6 – Other – All DRHUs.
A. Trust Ownership.
An Eligible Household may seek a variance to allow the title of an DRHU to be held in trust for the
benefit of a natural person who also meets the definition of an Eligible Household member. Such
ownership in trust may only occur in the circumstances provided herein, at the sole discretion of the
Program Administrator, on a case-by-case basis.
In order to request a variance from the strict application of these Guidelines, the Applicant shall submit
a letter requesting a special review to the Program Administrator as follows:
1. DRHUs may be held in trust only for the benefit of a natural person who due to a physical or mental
impairment lacks the capacity to contract or is prevented by such impairment from acquiring title to
a unit in their own name. The letter shall include documentation of such impairment and the basis
for ownership in trust. It should be noted that the Applicant should submit any additional
information reasonably requested by the Program Administrator to allow the Program Administrator
to process this special request.
2. The beneficiary of the trust may not own other Real Property.
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3. The beneficiary of the trust must be of the age of majority to qualify under this section.
4. The criteria set forth in the HPGAP may be met so long as the trust pre-qualifies for a loan. Further
the trust must prove an adequate means of ensuring that expenses associated with ownership,
including, but not limited to association dues and expenses are met.
5. Upon receipt of a request for a special review and any requested information and documentation,
the Program Administrator may grant the request with or without conditions, in a timely manner.
B. Short Term Rentals.
Short Term Rentals are not permitted in any DRHU regardless of type. A Short Term Rental is defined
in AMC Section 3.29.020 - Definitions.
C. Foreclosures.
In the event of a foreclosure or of acceptance of a deed in lieu of foreclosure by the holder of a
promissory note secured by a first deed of trust on a DRHU unit, the Town of Avon shall have the
option to purchase the unit prior to public sale, which option shall be exercised as set forth in the deed
restriction. The Owner has an obligation to notify the Program Administrator in writing once the Owner
perceives a foreclosure difficulty.
D. Other Title Transfers.
In the event that title to a DRHU Transfers to a person or entity that is not an Eligible Household, the
Non-Eligible Household must notify the Program Administrator of its intent as outlined below within 90
days of taking title to the unit.
1. The Non-Eligible Household may list the unit for sale, following the procedures outlined herein.
2. The Non-Eligible Household shall have one year to become an Eligible Household. In the event the
Non-Eligible Household is unable to become an Eligible Household in one year then the unit shall
be listed For-Sale as provided herein.
3. Non-Eligible Households shall not:
a. Occupy the Deed Restricted Housing Unit;
b. Rent all or any part of the DRHU, except in strict compliance with these Guidelines;
c. Engage in any other business activity on or in the Housing Unit;
d. Sell or otherwise Transfer the Housing Unit except in accordance with these Guidelines or
applicable Deed Restriction.
e. The Program Administrator may require the Non-Eligible Household to rent or sell the Housing
Unit in accordance with the provisions of these Administrative Procedures.
E. Tax Sale. In the event of a tax sale the 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 DRHU through a tax lien sale process.
F. Previous Guidelines. Within the 1990-1991 Avon Housing Guidelines, income limitations were
classified as a “Category”. Under these HPGAPs, income limitations shall utilize AMI rates and levels,
or whatever methodology in establishing income is employed by the Town of Avon Program
Administrator.
HPGAP 2023 15
Chapter 7 – Sales of Units.
Price Capped Housing
A. Sales of Price-Capped Housing Units.
1. Listing Units
All Price Capped Housing Units must be listed for sale with the Program Administrator, its
designee, or as specified by the applicable deed restriction.
An Owner who wishes to sell the Price Capped Housing Unit must follow these steps:
a. Execute a standard Listing Contract on forms approved by the Program Administrator.
b. Consult with the Program Administrator to review the Deed Restrictions recorded against the
unit to determine the Maximum Resale Price and other applicable provisions concerning a
sale.
c. The Program Administrator shall administer the sale in accordance with the requirements in
effect at the time of listing.
d. The Owner may consult legal counsel regarding examination of title and all contracts,
agreements and title documents. The retention of such counsel, licensed real estate brokers,
or such related services (excluding all sales fees), will be at the Owner’s own expense and
shall not be included in the calculation of the Maximum Resale Price.
2. Inspection Prior to Sale
The Owner shall undertake a listing inspection by the Program Administrator or assigns before
executing a listing contract to determine the condition of the unit.
a. The Owner shall pay for the cost of the inspection at the time of inspection.
b. The inspector shall furnish a written report to the Owner and the Program Administrator.
c. This information shall be furnished to the purchaser as a part of the seller’s property disclosure
once a purchase contract has been executed.
d. The inspection will be valid for no more than 60 days.
The Owner shall replace or repair any items that are identified as unsatisfactory in the report at
market value or reduce the listing price accordingly.
3. Sales Fees
Unless otherwise set forth in the applicable Deed Restriction, at the closing of the sale, the Owner
shall pay the Program Administrator or its designee a minimum sales fee of 2% (two percent) of the
sale price. This fee offsets the administration and associated fees of selling a unit and does not act
as a direct commission for a Town of Avon employee or third-party handling the transaction.
a. The Owner must deposit 0.5% (one half percent) of the list price with the Program
Administrator upon listing the unit for sale, known as the listing deposit.
b. If the Owner fails to perform under the listing contract, rejects all offers, or withdraws the listing
after advertising has commenced, the Owner shall not be refunded the listing deposit.
c. The listing deposit shall be considered a budgeted amount for advertising and administrative
costs that will be incurred by the Program Administrator. If the Program Administrator incurs
HPGAP 2023 16
any additional costs, the Owner will be notified in advance by the Program Administrator and
shall be responsible for those additional costs.
d. Closing Costs
Sellers of DRHUs shall not permit any prospective buyer to assume any of the seller’s
customary closing costs, including the fees set forth herein, nor accept any other consideration
that would increase the purchase price above a Maximum Resale Price to induce the seller to
sell to such prospective buyer.
B. Maximum Resale Price for Price-Capped Housing Units.
No Owner of Price Capped For-Sale Housing shall sell the unit for an amount greater than the
Maximum Resale Price for the unit. Maximum Resale Price will be calculated as follows: Base Price +
Appreciation of Base Price + Permitted Capital Improvements – Depreciation of Capital Improvements
+ Sales Fee = Maximum Resale Price.
There are no resale price limitations on Resident Occupied For-Sale Housing.
C. Increases to Base Price and Permitted Capital Improvements for Price Capped Housing Units.
Certain capital improvements to a unit may be included in a unit’s Maximum Resale Price. The
following list outlines the costs that may be included in an Owner’s Base Price as "Permitted Capital
Improvements" and provides a depreciation schedule for Permitted Capital Improvements. Base Price
items are not counted against the Permitted Capital Improvement allowance.
"Base Price": purchase price including garage, lot premium, or other developer inclusions
The following improvements may be included in the Base Price with the written approval of the
Program Administrator prior to the commencement of work:
1. Structural addition or addition of livable space including bathrooms, Bedrooms, exterior door,
interior doors, baseboard, window casing, insulation, and plumbing (excluding fixtures)
2. Modifications or improvements to accommodate a person with a Disability as defined in the
Americans with Disabilities Act of 1990.
Permitted Capital Improvements depreciated on a 5-year schedule
Replaced appliances Door locks (including smart) Gutters and downspouts
Washer/Dryer Ceiling fans Heat Tape
Water heaters Thermostats (including smart) Exterior paint
Carpet/pad replacement Permanent fitted window blinds Storm doors
Laminate flooring Health and safety protection Building permit fees
New garage door openers
Permitted Capital Improvements depreciated on a 20-year schedule
HPGAP 2023 17
Hardwood or tile flooring Permanent landscaping Solar panels
Solid stone countertops Trees Roof replacement (not reserved)
Light fixtures Permanent irrigation systems Furnace replacement
Plumbing fixtures Outdoor decks A/C, swamp cooler, split units
Cabinets and vanities New fencing
Closet organization systems Windows
Improvements that are NOT Permitted Capital Improvements
Jacuzzi, saunas, hot tubs, steam showers, etc. Work done without issuance of a building permit
Maintenance, cleaning, painting, or
improvements to existing mechanical systems,
fixtures, appliances
Decorative items including window coverings, lamps
and lighting not affixed to walls or ceilings, bathroom
towels bars, hooks, etc.
Gas or electric fireplaces Cost of tools
Removable items not attached to the unit Equipment rental
Security and smart home systems
Unless otherwise identified in the recorded deed restriction, the actual costs of Permitted Capital
Improvements made to a unit shall not exceed 10% of the Initial Sales Price for a five-year term,
regardless of changes in ownership. For every subsequent five-year period, an additional 10% of the
value of the unit at the beginning of that five-year period may be added into the value as Permitted
Capital Improvements. The five-year period for Permitted Capital Improvements shall not reset merely
upon resale. No costs incurred in one five-year term may be rolled into a different five-year term.
For an Owner to request Base Price Improvements and/or Permitted Capital Improvements be added
to the Maximum Resale Price, Owners must retain original receipts and invoices. Additionally:
1. Upon completion of the work the following must be submitted to the Program Administrator:
a. Legible copies of receipts for materials and or invoices for purchases.
b. Proof of payment by a third party and itemized invoice receipt for work performed.
2. In calculating the costs allowed as Permitted Capital Improvements, only the Owner’s actual out of
pocket costs and expenses shall be eligible for inclusion. Such an amount shall not include an
amount attributable to the Owner's labor, or that of their employees or business, or to any
appreciation in the value of these improvements.
3. If an Owner pays cash for improvements, the Owner must provide third party documentation of
payment. An Owner must have an invoice for improvements, but if no such documentation of proof
HPGAP 2023 18
of cash payment can be produced, the Program Administrator can inspect the improvement
completed in the unit. Up to 75% of documented invoice value may be included after an inspection,
subject to depreciation, at the Program Administrator’s sole discretion.
4. Work that requires and is performed without the issuance of all required building permits or
property owners’ association approval will not be included as a Base Price or Permitted Capital
Improvement.
5. The value of the Permitted Capital Improvements will be added to the appreciated value of the unit
at the time of sale. No appreciation is allowed on Permitted Capital Improvements.
6. Other improvements to the Affordable Housing unit are allowed, but adjustments to the Maximum
Resale Price will only be given for Base Price and Permitted Capital Improvements.
If a Base Price Improvement and/or Permitted Capital Improvements or an improvement included in the
Base Price of the unit is removed or is no longer operational, the actual cost of the improvement shall
be deducted from the Base Price or Permitted Capital Improvement schedule. No other categories or
types of expenditures may qualify as Permitted Capital Improvements unless pre-approved in writing by
the Program Administrator.
Chapter 8 – Compliance and Enforcement – All DRHUs
A. Required Documents.
The Avon or the Program Administrator may request any and all documents and information necessary
to establish continued compliance with any restriction and with the HPGAP as amended from time to
time. The Owner of a Deed Restriction will provide documents that may include but are not limited to:
Federal and State Income Tax Returns, W2’s, 1099’s, bank statements, vehicle and license
information, pay stubs and invoices for utility payments. All information will maintain the confidentiality
of financial information as provided by law.
B. Non-Qualified Transferee.
In the event that title to a Unit vests in any individual or entity that is not a Qualified by descent, by
foreclosure and/or redemption by any lien or mortgage holder (except any holder of a HUD-insured
First Mortgage), or by operation of law or any other event, the County may elect to notify the Non-
Qualified individual or entity that it must sell the Unit in accordance with this Guide. A Non-Qualified
individual or entity shall not: (i) occupy a Unit; (ii) rent all or any part of a Unit, except in strict
compliance with the corresponding deed restriction and as approved in writing by the Avon; (iii) engage
in any business activity on or in a Unit; (iv) sell or otherwise transfer a Unit except in accordance with
the applicable procedures; or (v) sell or otherwise transfer a Unit for use in trade or business.
C. Failure to Comply.
In the event an owner fails to comply with any of the restrictions, Avon may, but is not required to,
provide notice to the owner of the unit in violation and provide an opportunity for the owner to cease
and desist or cure. In the event a Unit is occupied, transferred or leased in violation of a deed
restriction, Avon may, at its sole discretion, notify an Owner that it must immediately list the Unit for
sale.
HPGAP 2023 19
D. Uncured Violation.
In the case of such an uncured violation, if required by Avon, the Owner shall: (i) consent to any sale,
conveyance or transfer of such Unit to a Qualified Owner; (ii) execute any and all documents necessary
to do so; and (iii) otherwise reasonably cooperate with the County to take actions needed to accomplish
such sale, conveyance or transfer of such Unit. For this purpose, Owner constitutes and appoints Avon
or the Program Administer as the Owner’s true and lawful attorney-in-fact with full power of substitution
to complete or undertake any and all actions required or as set forth elsewhere in the corresponding
deed restriction. It is further understood and agreed that this power of attorney, which shall be deemed
to be a power coupled with an interest, cannot be revoked. Owner specifically agrees that all power
granted to the County under this Covenant may be assigned by it to its successors or assigns.
E. Required Rental.
In all situations where the provisions of this section apply, Avon may alternatively require the Owner to
promptly rent their Unit to a lessee that is deemed a Qualified Occupant in accordance with the
requirements of this Covenant and subject to the one (1) year limit while the Unit is listed for sale.
F. Preservation of Deed Restricted Unit.
In order to preserve the value of community housing, specifically, for persons of low to moderate
income, and or to ensure the physical condition of the DRHU, Avon shall also have and is hereby
granted the right and option to purchase a DRHU, exercisable within a period of fifteen (15) calendar
days after notice is sent by Avon to the Owner that requires the Owner to sell the Unit due to a violation
pursuant to this Section. Avon shall complete the purchase of such Unit within thirty (30) calendar days
after exercising its option hereunder for a price equal to the lesser of the appraised market value of the
Unit, as determined by the Avon in its reasonable, good faith judgment, or the Maximum Sale Price as
may be limited by the underlying deed restriction.
Chapter 9 – Grievance Procedures – All DRHUs.
A grievance is any dispute that a unit Owner or potential purchaser may have with the Town of Avon or the
Program Administrator with respect to action or failure to act in accordance with the rights, duties, welfare,
or status of these persons or entities under these Guidelines. Procedures for filing such a grievance are as
follows:
1. A written grievance must be presented to the Program Administrator. It shall specify:
a. The particular ground(s) upon which the grievance is based;
b. The action requested; and
c. The name, address, telephone number, email address of the Owner filing the grievance and
similar information about his/her representative, if any.
2. Upon receipt of a written grievance, the Program Administrator shall meet with the Owner to review
the grievance and resolve the issue, if possible.
3. If the issue is not resolved, the Owner may request a hearing before the Town Council. Rules for
the hearing before the Town Council follow the provisions of the Town of Avon Municipal Code.
HPGAP 2023 20
APPENDIX A – DEFINITIONS
These definitions provide consistency in discussing housing with the Town of Avon. Some definitions may
not be solely found within this document but may be within Deed Restrictions, the Avon Municipal Code, or
the Town of Avon Housing Plan or similar.
Adjusted Gross Income – The total income derived from a business, employment, and from income
producing property, less deductions for depreciation, taxes, and similar allowances related to the business
or income producing property.
Eagle County Administrative Procedures – The Eagle County Affordable Housing Guidelines Administrative
Procedures.
Affordability Gap – The difference between the median home price in each Eagle County community (as
defined by zip code) and the average buying power of a typical household in that community, as provided
for in the Administrative Procedures.
Applicant – An owner of Real Property, the owner's representative, or owner of an option to acquire the
property or portion thereof, who is authorized to represent and/or act upon any application or submittal.
Area Median Income (“AMI”) – The estimates of median household income compiled and released annually
by the United States Department of Housing and Urban Development.
Attainable Housing – All Deed Restricted Housing Units regardless of price. Units include Price Capped
For-Sale Housing, Price Capped Rental Housing, Resident Occupied For-Sale Housing, and Resident
Occupied Rental Housing.
Assets – Anything owned by an individual, which has commercial or exchange value. Assets consist of
specific property or claims against others, in contract to obligations due others. See also definition for
Gross Assets and Net Assets.
Avon Resident – Person living and/or working within the Town of Avon, or persons having a job
commitment with a Town of Avon employer.
Bedroom – That portion of a dwelling Unit intended to be used for sleeping purposes, which may contain
closets, may have access to a bathroom and which meets Building Code requirements for egress, light,
and ventilation.
Capital Improvements – Any fixture erected as a permanent as a permanent improvement to Real Property
or that which adds to the value of the Real Property.
Co-signer – A joint signer of a promissory note who may not be listed on the deed of ownership on the
housing unit unless required by the Program Administrator.
Commercial Development – Any development that is not a Residential Development for which a
Development Permit is required. Institutional uses such as government buildings, schools, hospitals,
HPGAP 2023 21
churches and other religious institutions, and facilities operated by non-profit service agencies are
considered Commercial Development for purposes of these Guidelines.
Commercial Mitigation – See AMC Section 7.20.100 Employee Housing Mitigation
Community Housing – Residential housing which is subject to a deed restriction that limits use to long-term
residential use as a primary residence by qualified persons and which deed restriction may impose other
restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion,
including but not limited to controls on the resale price of such residential property, and which deed
restriction is enforceable by the Town. See AMC Section 3.14.20 - Definitions
Comprehensive Plan – Officially adopted by the Town of Avon, that sets forth the recommendations and
policies for guiding future growth and development while providing for the public’s health, safety, and
general welfare. This Plan works in conjunction with the West Town Center District Investment Plan; the
East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the 2016 Recreational Trails
Master Plan; and the Town of Avon Comprehensive Transportation Plan, any other document adopted as a
supplement or sub-area plan of the Avon Comprehensive Plan. All such documents may be amended from
time to time, provided such amendments or supplemental documents are adopted by ordinance. The Avon
Comprehensive Plan also incorporates functional plans, such as the Avon Community Housing Plan.
Consumer Price Index (C.P.I.) – The Consumer Price Index (C.P.I.) as published by the Bureau of Labor
statistics in the U.S. Department of Labor, for All Urban Wage Earners and Clerical workers (CPI.W) U.S.
average all items.
Cost Burdened Household – A Household that is paying more than 30% of its income for housing costs.
County Resident – Person living and/or working within Eagle County or persons having a job commitment
with an employer located in Eagle County.
Deed Restricted Housing Unit or Housing Unit or DRHU – A Unit subject to certain perpetual occupancy,
rental, or ownership restrictions.
Debt/Income Ratio – The ratio of the monthly debt serviceable as a percentage of Gross Income.
Development Permit – Any preliminary or final approval of an application for rezoning, planned Unit
development, amendment of an existing planned Unit development, special use permit, subdivision, or
similar application for new construction. Applications for a building permit where no previous condition of
approval required housing mitigation.
Disability – A physical or mental impairment that substantially limits one or more of the major life activities
of such for an individual.
Displaced Tenants – Any person who is removed from his/her residence due to conversion or
reconstruction of a project.
HPGAP 2023 22
Eagle County Employee – Eagle County Employee as defined in Section 3.12.020 Definitions. This section
States: Eagle County employee means an employee working in Eagle County who works an average of at
least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; 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 the residence for which such person seeks an exemption under this Chapter is the primary residence for that person.
Eligible Household – A Household that meets qualifying criteria used in establishing occupancy.
Emergency Worker – An employee or volunteer of a community-based organization that provides
immediate response health and safety services, including, but not limited to the following: Fire Department
Workers; Mountain Rescue; Sheriff's Deputies; Police Officers'; Hospital Emergency Room technicians;
Social Service workers (mental health and abuse case workers); ambulance drivers and EMT's.
Employee – Employee means a person employed in a building or on a property during normal periods of
use.
Employer – A business whose business address is located within Eagle County whose business employs
employees (as defined herein) within Eagle County, and whose business taxes are paid in the Town of
Avon and/or Eagle County.
Employee Housing – That housing used exclusively for persons employed in Eagle County.
Equity – That interest or value remaining in property after payment of all liens or charges on the property or
the monetary interest the owner has over and above the mortgage indebtedness.
FHA – Federal Housing Administration.
Financial statement – A statement detailing all personal Assets, liabilities, and net worth (the difference
between Assets and liabilities) as of a specific date.
Gross Assets – Anything which has tangible or intangible value. Property of all kinds, real and Personal,
tangible and intangible, including, inter alia, for certain purposes, patents and causes of action which
belong to any person including a corporation and the estate of a decedent. The entire property of a person,
association, corporation, or estate that is applicable or subject to the payment of their to its debts.
Gross Household Income – Total amount of income a Household earns in one year from all sources before
taxes.
Gross Income – The total income derived from a business, employment and from income producing
property, before deductions for expenses, depreciation, taxes and similar allowances.
HPGAP 2023 23
Household – All individuals who will occupy a Unit regardless of legal status or relation to the owner or
lessee.
Household Income Combined – Adjusted Gross Income of all individuals who will be occupying the Unit
regardless of legal status.
Housing Plan – A written plan submitted to the Town of Avon describing how an Applicant will satisfy the
minimum recommendations of the Avon Municipal Code or as required through a Development Agreement
as approved by Town Council.
Inclusionary Housing – The provision of Affordable Housing in Residential Developments to ensure
adequate housing stock for local residents and to maintain or increase the current ratio of primary to
secondary home ownership.
Initial Sales Price – The maximum price for which a Price Capped For-Sale Housing may be initially sold.
Joint Tenancy – Title in real estate owned by two or persons with right of survivorship, which upon the
death of one, vests in the remaining joint tenant or tenants.
Lottery – A drawing of lots to select a winner from equal Applicants of highest priority.
Maxi-Bid Price – Calculation of purchase price multiplied by the appreciation (as identified in the Resale
Agreement) plus capital improvement costs including labor, if professionally provided, and for which
verification of the expenditure is provided.
Maximum Rental Rate – The maximum monthly rent payment for a Price Capped Rental Housing Unit, as
provided for in the Administrative Procedures. All ongoing fees required to be paid by the resident
(including but not limited to utilities and mandatory parking fees) must be included within the Maximum
Rental Rate.
Maximum Resale Price – The maximum amount an owner can sell the Housing Unit for per the deed
restriction requirements.
Mi Casa Avon – ¡Mi Casa Avon! is a Deed Restriction program that assists Avon’s workforce in purchasing
homes within the Town of Avon with the intention of preserving the Unit for full-time residents in perpetuity.
Minimum occupancy – One person (with a leasehold/ownership interest) per bedroom. A minor child or
dependent shall be granted equal status.
Net Assets – Gross Assets minus Liabilities.
Non-Eligible Household – A Household that does not qualify as an Eligible Household.
Occupancy and Resale Deed Restriction and Covenant – A contract entered into between Town and the
purchaser at time of closing identifying conditions of occupancy resale.
HPGAP 2023 24
Owner – The Owner of record of the DRHU according to the Clerk and Recorder of Eagle County during
their period of ownership interest.
Payment in Lieu – A payment made to the Town of Avon to satisfy a Project’s recommended Housing
mitigation.
Price Capped For-Sale Housing – Housing subject to a Deed Restriction requiring that the Housing meet
Initial Sales Prices, resale price appreciation limits, quality, and other criteria set forth in this document.
Price Capped Rental Housing – Rental housing subject to a Deed Restriction requiring that the Housing
meet Rental Rate Restrictions, quality, annual compliance and other criteria set forth in this document.
Price Capped Housing – collectively refers to Price Capped For-Sale Housing and Price Capped Rental
Housing.
Primary Residence – 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 buyer is continuously
occupying and using the residence as a Primary Residence.
Program Administrator – The Administrator of the Town of Avon Housing Guidelines and Deed Restricted
programs. The Housing Administrator shall be the community Development Director unless the Town
Council or Town Manager appoints another person or housing authority to manage housing programs.
Qualified Person – a person who has been vetted suitable as a qualified buyer or qualified resident by the
Program Administrator.
Real Property – Property other than personal property as defined by the statutes of the State and does not
include trailers or mobile homes, except trailers or mobile homes, which, by way of a foundation, have
become attached as fixtures to the land on which they are located.
Rental Rate Restrictions – The maximum Rental Rate for which a Price Capped Rental Housing unit may
be leased, as provided for in this document or deed restriction.
Retired Person or Older Person – a person at least 60 years of age or more at the time of initial occupancy.
Resale Agreement – A contract entered into between the Town and the purchaser at the time of closing
identifying the conditions of occupancy and resale.
Resident Occupied For-Sale Housing – Housing subject to a Deed Restriction requiring that the Housing be
owned and occupied by an Eligible Household as its Primary Residence as set forth in this document.
HPGAP 2023 25
Resident Occupied Rental Housing – Rental housing subject to a Deed Restriction requiring that the
Housing be occupied by an Eligible Household as its Primary Residence as set forth in the Guidelines.
Resident Occupied Housing – collectively refers to Resident Occupied For-Sale Housing and Resident
Occupied Rental Housing.
Short Term Rentals – Any room or rooms, apartment, condominium, boardinghouse, hotel room,
guesthouse, lodge, campground site, recreational vehicle space, bed and breakfast, residence or similar
accommodation generally used for sleeping and made available for a fee or other consideration to guests
on an overnight basis for a period fewer than thirty (30) days, excluding any Unit classified as commercial
property by the Eagle County Assessor.
Tenancy-in-common – Ownership of property between two or more Persons who have an undivided
interest in the whole property; no right of survivorship, when one of the owners dies, the interest passes to
their heirs or beneficiaries and not to the surviving tenants in common.
Transfer – Any grant, conveyance or alienation of Real Property, as evidenced by deed, instrument of
conveyance or exchange, or any other writing wherein or whereby title to Real Property is granted,
conveyed or alienated, or the conveyance of a possessory interest including any other indicia of ownership
without the passing of legal title.
HPGAP 2023 26
APPENDIX B – DEED RESTRICTION TEMPLATES Community Housing Deed Restriction – Developer
Community Housing Deed Restriction – Employer
Various Price Capped Replacement Deed Restrictions
HPGAP 2023 27
APPENDIX C – RECOMMENDED LANGUAGE FOR USE IN LEGAL DOCUMENTS E.g., Declarations and Covenants, Plat Notes, etc.
THE TOWN OF AVON
1990/91 AFFORDABLE HOUSING GUIDELINES
PURPOSE
"TO ASSURE THE EXISTENCE OF A SUPPLY OF DESIRABLE AND AFFORDABLE HOUSING FOR PERSONS EMPLOYED IN AVON AND EAGLE COUNTY, SENIOR CITIZENS, THE HANDICAPPED, AND OTHER QUALIFIED PERSONS OF AVON AND THE COUNTY, WHICH ARE NECESSARY FOR A BALANCED COMMUNITY."
RENTAL/SALE REQUIREMENTS CRITERIA, SPECIFICATIONS, PROCEDURES AND PRIORITIES
The following Rental/Sale Requirements for Affordable Housing Units establish admission and occupancy criteria for affordable housing units. A. OCCUPANCY, INCOME AND ASSET REQUIREMENTS
a. OCCUPANCY REQUIREMENTS - To be eligible for affordable rental/ sale
housing, a person must propose to occupy the unit as their primary residence and meet the criteria: A person must qualify as follows:
i. An Employee, as defined in the Definitions to these Guidelines;
ii. A Senior, as defined in the Definitions to these Guidelines;
iii. A Handicapped Person, as defined in the Definitions to these guidelines; or
iv. A dependent of any of the above who proposes to live in the affordable housing unit. (Note: Anyone claiming a dependent must claim the dependent on their Income Tax Returns.); and
b. An individual owning a local residence must agree to list that residence within 90
days of closing on the affordable housing unit. The residence must be sold within
one year of closing on the affordable housing unit or the individual must be able to demonstrate a good faith effort was and is being made to sell the unit. The value of this property will be excluded from the gross asset limitation and included in the net asset limitation calculation.
c. If an individual owns vacant land when leasing or purchasing a restricted
affordable housing unit, as soon as the land is improved with a residence, the individual must relinquish the affordable rental unit or list and sell the ownership interest in the affordable sales housing unit or agree to restrict the new unit(s) to affordable housing as provided in these guidelines.
2. INCOME RANGE Household income individual(s) income) shall not maximums
per year:(defined as combined exceed the following INCOME MAXIMUM
Category #1 - $0 - $29,999
The range for this category is derived by taking up to the 30th percentile of the
household income reported in the 1989 1990 Eagle County Housing survey.
Category #2 - $30,000 - $44,999 The range for this category is derived by taking from the 31st to the 59th percentile of the household income reported in the 1989 1990 Eagle County Housing survey.
Category #3 - $45,000 - $59,000
The range for this category is derived by taking from the 60th to the 78th percentile of the household income reported in the 1989 1990 Eagle County Housing survey.
NOTE: A household below an income limit wishing to purchase a unit restricted under a higher category, may qualify for a unit restricted under a higher category.
Each non-working dependent qualifies for $5,000 addition to income.
3. ASSET LIMIT - Net Assets shall not exceed $40,000 (category 1), $75,000
(Category 2), $100,000 (Category 3) and not exceed $150,000 Gross Assets for any
category. Any purchaser who has assigned, conveyed, transferred, or otherwise disposed of property within the last two years without fair consideration in order to meet the asset limitations shall be ineligible.
B. PRIORITY FOR RENTAL OF AFFORDABLE HOUSING UNITS
Persons desiring to lease a Deed Restricted Affordable Housing Unit, shall be given priority for units according to the following guidelines. Avon Residents shall receive highest priority, with county Residents receiving second priority. Persons shall be prioritized by years of consecutive residency. (See Definitions of Avon Resident and
County Resident).
1. Qualified persons living within the same complex meeting occupancy, income and asset standards.
2. Qualified persons living within a Deed Restricted Affordable Housing Unit in Avon meeting occupancy, income, and asset standards.
3. Qualified Avon Residents meeting occupancy, income, and asset standards, needing
to readdress occupancy standards.
4. Qualified Avon Residents meeting the occupancy, income and asset standards.
5. Qualified county Residents meeting occupancy, income, and asset standards, needing to readdress occupancy standards.
6. Qualified County Residents meeting the occupancy, income and asset standards.
7. Avon Employers. The Authority will provide an acceptable lease. Employers cannot occupy the affordable housing unit.
8. County Employers. The Authority will provide an acceptable lease. Employers cannot occupy the affordable housing unit.
9. Emergency Workers may qualify for a. higher priority category upon a finding by the
Town that there exists an immediate community need to house an individual(s) falling within this category of workers in an affordable housing unit within Avon.
10. First priority for handicapped accessible units given to handicapped persons prioritized by residency.
C. PRIORITY FOR SALE OF AFFORDABLE HOUSING UNITS
Qualified Persons desiring to purchase an affordable housing unit shall receive preference and be prioritized by length of consecutive residency according to the following: Avon Residents shall receive priority, with County Residents receiving
second priority (see definitions of Avon Resident and county Resident).
1. Highest offer price below or equal to stated maximum. The Authority or Owner reserve the right to reject any and all offers. In addition, the Authority may set a
minimum offer price, below which no offers will be accepted.
2. Qualified person(s) meeting income and asset standards with a present ownership
interest (joint tenants in common) in the affordable housing unit. The purchase price
for this interest shall be equal to or greater than all other offers and not exceeding the maximum allowable offer price.
3. Qualified person(s) meeting income and asset standards chosen by the remaining owner(s) to purchase the interest of another owner provided that the offer is equal to
or greater than other offers received but not exceeding the maximum allowable offer
price.
4. Qualified Spouses and/or Children of current owners meeting income and asset standards.
5. Qualified persons meeting income and asset requirements.
a. With minimum occupancy.
b. No minimum occupancy.
6. Upon a finding by the Town, Employers may purchase units and are the last priority. Employers who purchase units are subject to different Occupancy, Resale, Deed Restriction, and Covenant which can be obtained through the Town for review Avon
employers will receive priority over County employers.
7. Qualified persons.
a. With minimum occupancy.
b. No minimum occupancy.
8. First priority for handicapped given to handicapped persons prioritized by length of
residency.
9. Qualified persons who are removed from their residence in Eagle County due to conversion or reconstruction of their residence may receive higher priority upon a finding by the Town.
D. VERIFICATION REQUIRED BY APPLICANT TO QUALIFY FOR AFFORDABLE
HOUSING UNITS
The applicant combination, of residency, shall provide upon request by the Town any or all, of the following documentation as proof employment and income:
1. Federal Income Tax return forms.
a. Applicant must provide the last four (4) years of Federal Tax Returns, an audited
financial statement, or acceptable documentation to the Town.
b. No greater than a 20 percent difference between income reported on tax returns and current income statements will be accepted without acceptable documentation of the difference.
2. Verification of current employment or job commitment in Avon or Eagle County
(i.e., wage stubs, employer name, address, and phone number or other appropriate
documentation as requested by the Authority).
3. Landlord verification (proof of residency, physical address).
4. Valid Colorado Driver's License (address, issue date).
5. Verification of Telephone service (date of installation, person listed to).
6. Vehicle insurance and registration.
7. Voter registration.
8. Deposits for down payment shall be verified by the holder of such funds.
9. Any documentation which the Town deems necessary to make a determination.
NOTE: In addition to the initial verification requirements set forth above, rental applicants shall be reviewed and verified annually to ensure that they continue to meet occupancy, income, and asset requirements under the Guidelines as they are adopted from time to time. Units for which the renter fails to meet these requirements shall be
made available for lease according to these Guidelines. Upon notice that the
requirements are no longer met, renters will be given a maximum of a 10-month lease to provide them the opportunity to locate other housing. E. ADDITIONAL INFORMATION
1. Any co-ownership interest other than joint tenancy or tenancy-in-common must be
approved by the Town.
2. All transactions regarding the conveyance of any of the units shall be subject to the Occupancy and Resale Deed Restriction and Agreement.
3. Co-signers may be approved for ownership projects but shall not occupy the unit
unless qualified by the Town.
4. The following procedures are described for the reader's information and some of which are delineated in the Occupancy and Resale and Agreement which is required to purchase of the Affordable Housing Unit.
a. Units with the highest offers of equal amounts and equal priority status shall be
placed in a lottery, which will be held within a reasonable amount following the
deadline for bids.
b. Leave of Absence may be granted for one year subject to clear and convincing evidence, which shows a reason for leaving and a commitment to return to the Avon/Eagle County area and shall be approved by the Town. Said evidence shall
be in written form presented to the appropriate Homeowner's Association and to
the Town 30 days prior leaving for review and recommendations. The Leave of Absence shall be for one year and may, at the discretion of the Town, be extended for one year, but in no event shall it exceed two years. The unit may be rented under the Town's rental guidelines, during said year or years, to a qualified
resident in the Town of Avon and/or Eagle County. After verification and
qualification of tenant(s), a copy of the executed lease shall be furnished to the Town.
c. If a unit is listed for sale and the owner must relocate to another area, the unit may, upon approval of the Town be rented to a qualified resident, approved by
the Town. A letter must be sent to the Town Offices requesting permission to rent
the unit until sold. A minimum six (6) month written lease must be provided to the tenants with a sixty (60) day move out clause upon notification that the unit is sold. All tenants must obtain verification from the Town and the unit must rent as defined in the terms of the Occupancy and Resale Deed Restriction and
Agreement on the unit.
F. DEED RESTRICTIONS
The reader is referred to the “Occupancy and Resale Deed Restriction and Agreement”, which is available at the Town of Avon Offices.
G. FORECLOSURE
The Town of Avon (the "Town") may, pursuant to an agreement entered into in connection with any first lien deed of trust or mortgage to be secured by the affordable housing unit, agree to release and waive their ability to enforce the resale restrictions
contained herein, in the event of foreclosure, provided that such agreement grants to the
Town Council and Authority, the option to acquire the affordable housing unit within 30 days after the expiration of the statutory redemption period for an option price not to exceed the redemption price on the last day of the redemption period.
The following option provisions shall be included in loan documents, or in a separate
agreement entered into in connection with loan documents, and shall be executed by the
lender, the Town council, and the Authority.
In the event of a foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust or mortgage on the affordable housing unit, and subject to the issuance of a pul1,lic trustee's or sheriff's deed to the holder
following the expiration of the borrower's redemption rights, the Housing Authority of
the Town of Avon ("Authority") and the Town Council of the Town of Avon, Colorado (the "Town Council") shall have the option to purchase the affordable housing unit which shall be exercised in the following manner:
1. Notice. The holder shall give notice to the Authority and the Town Council that a certificate of purchase with respect to the affordable housing unit has been issued to
said holder by the Public Trustee of Eagle County. such notice will be given within
10 days of the issuance of the certificate. Notice shall be deemed given upon being placed in the U.S. Mail, First-class postage prepaid, and addressed as follows:
Town Manager, Town of Avon P.O. Box 975
Avon, CO 81620-0975
2. First Option. The Town council shall have 15 days after the expiration of the borrower's statutory right to redeem in which to exercise its option by tendering to the holder, in cash or certified funds, an amount equal to the redemption price which would have been required of the borrower on the last day of the redemption period.
3. second Option. The Authority shall have 15 days after the expiration of the Town Council’s option as set forth above to exercise its option to purchase the affordable
housing unit by tendering to the holder, in cash or certified funds an amount equal to
the redemption price which the borrower would have been required to pay on the last day of the redemption period.
4. Title. Upon receipt of the option price, the holder shall deliver to either the Authority or the Town Council a special warranty deed, conveying the property to either the
Authority or the Town Council. Title shall be merchantable, free and clear of liens
and encumbrances which would render title unmerchantable.
In the event that neither the Authority or the Town council exercise their respective options as provided above, the Authority and the Town Council shall cause to be recorded in the records of the Clerk and Recorder of Eagle County, a full and
complete release of the covenants restricting such unit to Affordable Housing use
which appear in said records in Book ( ) Page ( ). Such release shall be placed of record within three days after demand therefore by the holder following expiration of the options.
DEFINITIONS
Adjusted Gross Income – The total income derived from a business, employment, and from income producing property, less deductions for depreciation, taxes, and similar allowances related to the business or income producing property.
Assets – Anything owned by an individual, which has commercial or exchange value. Assets consist of specific property or claims against others, in contract to obligations due others. See also definition for Gross Assets and Net Assets.
Authority – The Housing Authority of the Town of Avon.
Avon Resident – Person living and/or working within the Town of Avon, or persons having a job commitment with a Town of Avon employer.
Bedroom – That portion of a dwelling unit intended to be used for sleeping purposes, which
may contain closets, may have access to a bathroom and which meets Uniform Building Code requirements for light and ventilation. Capital Improvements – Any fixture erected as a permanent as a permanent improvement to
real property or that which adds to the value of the property.
Co-signer – A joint signer of a promissory note who shall not be on the deed of ownership on the housing unless qualified under the Guidelines but may be collateralized by a lien.
Consumer Price Index (C.P.I.) – The Consumer Price Index (C.P.I.) as published by the
Bureau of Labor statistics in the U.S. Department of Labor, for All Urban Wage Earners and Clerical workers (CPI.W) U.S. average all items.
County Resident – Person living and/or working within Eagle County or persons persons
having a job commitment with an Eagle County employer.
Debt/Income Ratio – The ratio of the monthly debt serviceable as a percentage of gross income.
Displaced Tenants – Any person who is removed from his/her residence due to conversion
or reconstruction of a project. Emergency Worker – An employee or volunteer of a community based organization that provides immediate response health and safety services, including, but not limited to the
following: Fire Department Workers; Mountain Rescue; Sheriff's Deputies; Police Officers';
Hospital Emergency Room technicians; Social Service workers (mental health and abuse case workers); ambulance drivers and EMT's. Employee – A person who works a minimum of 30 hours per week, 9-months per year, in
Eagle County.
Employer – A business whose business address is located within Eagle County whose business employs employees (as defined herein) within Eagle County, and whose business taxes are paid in Eagle County.
Equity – That interest or value remaining in property after payment of all liens or charges on the property or the monetary interest the owner has over and above the mortgage indebtedness.
Financial statement – A statement detailing all personal assets, liabilities, and net worth (the
difference between assets and liabilities) as of a specific date. Gross Assets – Anything which has tangible or intangible value. Property of all kinds, real and Personal, tangible and intangible, including, inter alia, for certain purposes, patents and
causes of action which belong to any person including a corporation and the estate of a
decedent. The entire property of a person, association, corporation, or estate that is applicable or subject to the payment of his or her to its debts. Gross Income – The total income derived from a business, employment and from income
producing property, before deductions for expenses, depreciation, taxes and similar
allowances. Handicapped Person – A person shall be considered handicapped within the meaning of the Rehabilitation Section 504 Act of 1973 and C.R.S.24-34-301.
Household Income Combined – Adjusted gross income of all individuals who will be occupying the unit regardless of legal status.
Joint Tenancy – Title in real estate owned by two or persons with right of survivorship, which upon the death of one, vests in the remaining joint tenant or tenants.
Lottery – A drawing of lots to select a winner from equal applicants of highest priority. Maxi-Bid Price – Calculation of purchase price multiplied by the appreciation (as identified in the resale agreement) plus capital improvement costs including labor, if professionally
provided, and for which verification of the expenditure is provided.
Minimum occupancy – One person (with a leasehold/ownership interest) per bedroom. A minor child or dependent shall be granted equal status.
Net Assets – Gross assets minus liabilities.
Occupancy and Resale Deed Restriction and Covenant – A contract entered into between Town and the purchaser at time of closing identifying conditions of occupancy resale.
Qualified Person – A full-time employee who is paid annually on a basis of 1170 or more
hours per year, senior, handicapped person, or dependent of any of these, as defined by the IRS who elect to execute a contract with the Authority obligating such person ( s) to occupy the affordable housing unit as their sole place of residence.
Resale Agreement – A contract entered into between the Town and the purchaser at the time
of closing identifying the conditions of occupancy and resale. Senior – A person the age of 62 years or more.
Tenancy-in-common – Ownership of property between two or more Persons who have an
undivided interest in the whole property; no right of survivorship, when one of the owners dies, the interest passes to his or her heirs or beneficiaries and not to the surviving tenants in common.
970-748-4023 mmorgan@avon.org
TO: Honorable Mayor Amy Philips and Council
FROM: Max Morgan, Town Planner
RE: Letter of Agreement with Education Foundation of Eagle
County for Skate Plaza use in Harry A. Nottingham Park
DATE: June 27, 2023
SUMMARY: Before Town Council is a letter of agreement with Education Foundation of Eagle
County,(“EFEC”). At the April 25, 2023 Town Council meeting direction was provided to Staff to
incorporate design plans for a “skate plaza” in a portion of Harry A. Nottingham Park (“Park”). The purpose
of this report is to summarize the status of the design project and request execution of a Letter of
Agreement (“Attachment A:”) with EFEC, fiscal agent for Avon Skate Coalition (“ASC”). The Letter of
Agreement is necessary to demonstrate Avon’s commitment to the project to the Colorado Health
Foundation, grantor of funds for the project.
BACKGROUND: A design process for utility relocations, park restrooms, and park expansion, took place
in 2021 and 2022. Those design concepts (“Attachment B”) informed the production of construction plans
that went to bid last year. Bids for that project design were difficult to obtain, and costs were much higher
than originally budgeted for the project. The Town Council directed staff to redesign a simplified park
expansion project, without restrooms, and limited amenities (e.g. retaining/seating wall, picnic areas,
landscaping).
During the La Zona design concept process for other adjacent Town Properties in the summer 2022, Amy
Lewis of the ASC engaged with the Town of Avon to advise on two grants from the Colorado Health
Foundation to be received by EFEC:
• Grant 1 - A planning grant for community engagement and subsequent design of a skatepark o Amy advised that EFEC secured this grant money at the time she engaged with Avon
• Grant 2 - A more substantial grant intended for the construction of a skatepark
o Amy advised that EFEC could only secure this grant upon successful completion of a
public engagement process and the dedication of a site for the proposed project
Funds from Grant 1 contributed to an equity-centered public engagement process to connect members of
the skateboard community as well as individuals who self-identify as a representative of at least one of
several unique communities including:
1. Black / Indigenous / Person of Color (“BIPOC”)
2. Lesbian / Gay / Bisexual / Transgender / Queer (“LGBTQ”)
3. Female
4. 55 years of age or older
5. Having a learning disability
6. Having an alternative physical ability
The public engagement process funded by Grant 1 was represented by a series of eight in-person
meetings led by the ASC. In these meetings, attendees conducted research and completed activities
devoted to equity-centered design of public space, including space intended for skateboarding and similar
activities. A representative of the Town was present for each meeting.
Page 2 of 4
Additionally, the Community Development Department established a related Spring 2023 capstone project
for a Master of Urban and Regional Planning (“MURP”) student, with the intention of researching and
analyzing proposed sites in the Town for a skatepark, and potential impacts. The student, Lee Dubin,
attended all meetings in the public engagement process, and included aspects of the meetings in their
project report. Lee completed their MURP capstone project in May 2023, with the summarized findings:
• The public engagement process revealed that:
o Potential users would prefer a site designed for skateboarding that is near public transit
hubs and existing amenities, even if the site is a “shared space” not entirely dedicated to
skateboarding
• A blended space incorporating seating, landscaping, and additional areas for passive recreation
and socialization as well as skateable features, will likely help the Town meet more goals and
policies in the Avon Comprehensive Plan (2017).
• Skateboard plazas, which feature streetscape-like features (ledges, stairs, railings, landscaping,
public art, seating, etc.), are examples of blended space that appear appropriate for an skateable
space in or around the Town Center or Nottingham Park area.
In June 2023, Town Staff initiated dialogue with Zehren & Associates as well as EFEC to explore and
incorporate previous plans for redevelopment in the Park, and identify next steps for design and
construction. Building upon direction received at the April 25, 2023 Town Council meeting, a bubble
diagram of this area of the Park was produced by Zehren & Associaties to illustrate design intention.
Page 3 of 4
One critical, remaining step in the planning process is for EFEC to successfully apply for Grant 2, as a
means to finance a significant portion of the proposed project. In order to apply for Grant 2, the
Colorado Health Foundation requires that a site is dedicated for the skate plaza project.
RESTROOMS: In light of current construction costs, Staff has been pursuing the potential for two, 12’ x 50’
prefabricated bathroom structures in the general location of the previously designed Park restrooms. The
company, Boxx Modular, can provide durable, functional structures that are less than half per square foot to
construct. Grant opportunities for park restrooms are also being pursued for these buildings.
Boxx Modular Example
NEXT STEPS: The following is a list of next steps for the Park improvement project:
• Design contract with Zehren and Associates
• Zehren and Associates will request proposals from Skate design/build companies to join the team
• EFEC will secure Grant 2 from Colorado Health Foundation for additional design and construction
monies
• Complete Conceptual Desing plans in coordination with ASC, Skate Design/Building Company,
and Town Staff
• Check in with Town Council to confirm design
• Planning and Zoning Commission Public Hearing and Design Review and Recommendations
• Town Council Public Hearing and Design Review
• Construction Document Preparation
• Construction
Thank you, Max
Page 4 of 4
ATTACHMENTS:
Attachment A: Letter of Agreement with EFEC
Attachment B: Nottingham Park Improvements Report (2021)
Post Office Box 975
100 Mikaela Way
Avon, CO 81620
LETTER OF AGREEMENT
This Agreement is made on _____, 2023, between the Town of Avon (“TOWN”), a municipality in Eagle
County, Colorado, and the Education Foundation of Eagle County (“EFEC”), a registered 501(c)(3)
organization located in Eagle County, Colorado, and outlines the terms and conditions of the agreement
between parties.
WHEREAS EFEC is serving as the fiscal agent and representative on behalf of the Avon Skate Coalition
(“ASC”), a local skate advocacy group located in Avon Colorado; and
WHEREAS The TOWN grants permission to the EFEC to support and facilitate the planning, design, and
potential construction of the proposed skateboard plaza (“PLAZA”) at 1 Lake Street (“SITE”); and
WHEREAS The TOWN and EFEC are co-partners in the project to plan, design, construct, and maintain
the proposed PLAZA.
TERMS & CONDITIONS: The parties agree to the terms and conditions listed below:
1.
2.
3.
4.
5.
6.
7.
8.
The term of the Agreement is _____, 2023 commencing on December 31, 2030.
The TOWN remains the owner of the SITE and related PLAZA
The ASC shall follow procedures required by the Avon Municipal Code related to planning,
construction, and maintenance of the SITE and related PLAZA.
The ASC shall follow procedures required by the Avon Municipal Code related to events and
special uses of the SITE and related PLAZA
The TOWN grants permission to the ASC to visit the SITE prior to and during planning,
construction, and maintenance of the SITE for purposes related to planning, and potential
construction of the SITE and related PLAZA.
If the planning, construction or maintenance of the SITE and related PLAZA interrupts the flow of
traffic or public rights of way, the ASC shall complete and submit a Right of Way Permit Application
and a Traffic Control Plan to be approved by the Public Works Operations Division.
The TOWN shall not be responsible for damage to the SITE or PLAZA.
If there is damage to the SITE and related PLAZA during the planning, construction, and
maintenance by the EFEC and/or contractors, vendors, etc. hired by the EFEC to perform the
work, the ASC will immediately and fully repair the damage at no cost to the TOWN. If damage is
not repaired within five days, the town will proceed with the repair and invoice the EFEC for related
charges.
The TOWN may rescind this agreement at any time with or without cause with written notice to EFEC and
ASC.
Agreement has been read and approved:
ATTACHMENT A
Education Foundation of Eagle County Town of Avon
Name: ____________________________ Name: __________________________
Title: _____________________________ Title: ____________________________
Signature: _________________________ Signature: ________________________
Date: _____________________________ Date: ____________________________
ATTACHMENT A
970-748-4413 mpielsticker@avon.org
TO: CASE Committee Members
FROM: Matt Pielsticker, Planning Director
RE: East Harry A. Nottingham Park Work Session
DATE: May 17, 2021
SUMMARY: At your last meeting, this project was introduced and summarized by Pedro Campos, the lead
designer for the project. I explained that we would return for your May 20th meeting to gather input once
development options were formed. The purpose of this work session is to familiarize the CASE Committee
with the four (4) Concept Design Diagrams and to solicit your input. Notes from your work session will be
summarized and included in materials to the Planning and Zoning Commission, and ultimately to the Town
Council. A preferred concept will proceed to final design, and then to construction documents later this
year.
INPUT: Please come prepared to provide your input on the following key topics for each of the four (4)
Concept Design Diagram alternatives:
•Art opportunities, both permanent and temporary
•Circulation for special events
•Storage space for special events
•Support space for special events
•Restroom location and accessibility during special events
•Power location and accessibility during special events
PROJECT SCHEDULE:
•May – Launch Engage Avon for public review and comments.
•May 20 - CASE Committee
•June 10 & 17 – Open Houses
•June 23 –AvonLIVE! booth for input
•June 29 – Planning and Zoning Review
•July 13 – Town Council Review
•July/Aug/Sept – Final Design
•October/November – Bid Out
•December 14 – Notice of Award to Contractor
•Spring 2022 - Construction
MANAGER’S COMMENTS: I encourage consideration and awareness of our “needs” versus “desires” for
the redevelopment of the Old Town Hall site. I also encourage a design and program whereby the Town
“builds it once and builds it right” to serve the east end of Harry A. Nottingham Park and Special Events for
10 years and beyond.
A Draft 10-Year Vision document is presented to illustrate the potential demands of Special Events if these
events continue to grow. This Draft 10-Year Vision document also illustrates that the number of events and
capacity of the main field to recover in between events may be reached simply with the current list of
Special Events and concepts for additional events.
ATTACHMENT B
Page 2 of 4
LONG RANGE PLANNING BACKGROUND: It is important to present the ever-evolving history of this
portion of Harry A. Nottingham Park. The following timeline attempts to capture relevant policy directives
for the property, through the lens of the Town’s long range planning documents. A summary of highlighted
policy from each document is presented to explain the evolution of the site to the CASE Committee.
2006 Comprehensive Plan. This community wide
plan started to contextualize this area as the focal point
for the Town, acknowledging that it could become an
anchor a future main street. 2006 Comprehensive Plan
Policies:
-Program enhancements to better activate and
enhance the park as Avon’s primary recreational and
cultural center.
-Strengthen this area by including amenities such as a
performing arts pavilion, maintaining flexible space
for temporary concession facilities, and providing a
western anchor to main street.
Nottingham Park has developed into the cultural epicenter of the Town. By developing the event
pavilion and programming a diverse selection of events and activities, the park has matured into a
true anchoring point.
2007 West Town Center District Investment
Plan: The Investment Plan led to the realignment
of Lake Street and full design of a one-way street,
which would have terminated into Lake Street
near the old Town Hall. The Investment Plan
included the relocation of Town Hall and
envisioned a private hospitality use on the subject
parcel. Policies:
o Maintain views to Beaver Creek
o Automobile access facing the park is strongly
discouraged.
o Inn at Nottingham Park Hotel Concept
The first phase of the Investment Plan, realigning Lake Street and developing Avon Station (transit
hub) were completed shortly after the plan. With the great recession, plans for a vehicular main street
were shelved, as were most elements of the Investment Plan. Maintaining views to Beaver Creek
continue to be an important element when programming the site.
ATTACHMENT B
Page 3 of 4
2009 Master Plan for Harry A.
Nottingham Park: The public
process and resulting park plan
document were the first step in fully
realizing the potential for Harry A.
Nottingham Park. Specific design
and programming recommendations
were detailed for the different zone
areas of the park. Concepts
included a performance pavilion built
onto the back of the old Town Hall
building.
Specific recommendations from the 2009 Master Plan for Harry A. Nottingham Park included:
o Recommends restrooms, expanded concession space, new lighting and park furniture
o “Back of house” support for large events
o New restrooms close to an existing facility
Restrooms are the focus of this effort, as well as “back of house” for larger events. It should be noted
that path lighting has been phased into other areas of the park, and final lighting will be an important
part of the final design plans for this site.
2015 Planning Review and Update to Harry A.
Nottingham Park. This plan followed the development
of the Performance Pavilion. It validated the concept to
relocate police/fire and all Town Hall administrative
services to elsewhere in Town. Specific plan policies
included:
o Community flex space that would include support
facilities for the stage and public restrooms
o Existing Town Hall occupies a corner of Nottingham
Park that may be better utilized for other community-
based uses that can support the park and provide
new amenities
ATTACHMENT B
Page 4 of 4
2017 Comprehensive Plan. Consistent
with previous policy documents, the 2017
Comprehensive Plan reaffirmed the need to
capitalize on views and plan for flexible
space.
Policies from the 2017 Comprehensive Plan
include:
o Enhancement of existing amenities
near Nottingham Park
o Maintain flexible space for
temporary concession facilities.
o Preserve view corridors to Beaver
Creek and the Main Street
Pedestrian Mall.
2018 Town-Properties Plan. This most
recent planning effort focused on the
development of a multi-use facility
(structure) and included the idea to move
and repurpose the Hahnewald Barn to
the site. In all plan iterations the
importance of multi-use for all seasons
was emphasized.
o Old Town Hall Area: Multi-Use
Facility; new surface parking;
restrooms
o The Old Town Hall could incur a net
loss of parking spaces with the
reuse of the site.
ATTACHMENT A: Memo and Design Package from Zehren & Associates, dated May 17, 2021.
ATTACHMENT B: DRAFT Avon Special Events 10-20 Year Vision Document
ATTACHMENT B
Town of Avon East Nottingham Park Improvements Design and Community Engagement 1 | Page
Town of Avon East Nottingham Park Improvements: Design and
Community Engagement Facilitation
TO: Matt Pielsticker, Planning Manager, Town of Avon CC: Eric Heil, Town Manager, Town of Avon
Justin Hildreth, Town Engineer, Town of Avon
FROM: Pedro Campos, Zehren and Associates, Inc.
DATE: May 17, 2021
SUBJECT: Conceptual Site Plan Diagrams for Community Input – Summary
This memorandum is intended to provide a summary of the (4) Conceptual Site Plan
Diagrams prepared by Zehren and Associates Inc for the East Nottingham Park Design
Improvements project. The summary is part of the information being shared with the Avon
community for a preliminary round of review and input to help guide the redevelopment of
the Old Town Hall located on the eastern edge of Nottingham Park.
The summary is organized to:
1) provide background on the effort.
2) highlight proposed improvements shared in all (4) concept site plan diagrams.
3) summarize differences that are unique to each of (4) concept site plan diagrams.
4) provide preliminary cost range for the (4) options based on anticipated costs per
square foot for building and site work costs.
1. Background
Zehren and Associates was retained by the Town of Avon in April of 2021 to help with the
design and community engagement facilitation for the East Nottingham Park Design
Improvements project. The Old Town Hall is currently being demolished and the project
involves the first steps of design and community input to determine the new uses and
facilities on the site. The Town’s goals are first and foremost to develop new facilities that
will support recreational, special events, and everyday use of Nottingham Park across the
seasons. New bathrooms and storage facilities are major program elements for the site, in
addition to vehicular and pedestrian circulation facilities to improve access into the park
during special events including athletic tournaments, weekly free summer concerts, and
large festivals. The (4) concept site plan diagrams prepared by Zehren and Associates
include improvements that are shared in all four concepts based on baseline needs and
constraints. Likewise, the (4) concept site plan diagrams explore different layouts and
configurations for the site. The goal of the current ‘conceptual design’ stage of the effort is
to obtain input from the community and to narrow down to the preferred conceptual site
plan diagram.
ATTACHMENT AATTACHMENT B
Town of Avon East Nottingham Park Improvements Design and Community Engagement 2 | Page
2. Proposed Improvements shared by all (4) options:
Due to existing facilities adjacent to the Old Town Hall site that will remain and their existing
patterns of use, there are several program elements and new improvements that are
included in all (4) of the conceptual site plan diagrams. These include:
a. The parking lot on the east side of the project site, between Lake Street and the area
of the Old Town Hall will be preserved and remain as parking.
b. The walkway and site wall along the northern edge of the facility will be replaced by a
new walkway and wall. There are numerous utilities in this corridor and the limits of
the athletic field near to the existing walkway require that it be replaced and kept
generally in the same width and location. The existing wall is used for seating and is
being replaced to encourage this same pattern of use. The existing walk serves as a
major east – west pedestrian thorough-fare within the park and provides access and
back of house for vendors during special events.
c. The West Benchmark Road running along the south of the property providing access
to the Parks and Recreation maintenance yard and storage building, the western
parking lot and the performance stage will remain. Existing perpendicular and
angled parking located on the side of the road will remain. A new access control
gate at the intersection of Lake Street and West Benchmark Road is proposed to
restrict vehicular access during the staging and operation of special events in the
Park.
d. The parking lot on the west side of the property will remain as it provides parking
supply for everyday park users during normal day use of the park and serves as a
service yard and turn-around area for large vehicles during special events. Likewise,
the Parks and Recreation maintenance yard, storage building and trash collection
area are also preserved in all (4) concept plan diagrams, and will continue to operate
in the future as they currently do in present day conditions. Expansion of the trash
collection area is anticipated in this location.
e. Vehicular and service access is shown on the western side of the property from the
west parking lot. This provides access to the Parks and Recreation maintenance yard
and storage building, to the ‘service plaza’ associated with the performance stage
and pavilion, and to the walkway running along the north side of the site. New
bollards or a new access control gate is called for at the transition between the
service yard on the parking lot and the service plaza associated with the performance
stage.
f. Existing large trees that are called out for preservation and have not been removed
during the demolition of the building are shown preserved in all (4) concept plan
diagrams. The exception is the one large cottonwood tree on the north east corner
of the east parking lot. This cottonwood tree may need to be removed due to the
hazards it poses, and one idea is that the stump could be left in place and re-
purposed as an art element, with a wood carving of the stump to create a unique
naturalistic sculpture.
g. A xeriscape demonstration garden is proposed in the planting area located under the
Austrian pines called for preservation, and in between the walkway along the north
and west parking lot / service yard. This location was the site of a former xeriscape
ATTACHMENT AATTACHMENT B
Town of Avon East Nottingham Park Improvements Design and Community Engagement 3 | Page
garden which the Town wishes to renovate in the same location. It serves to help
buffer the walkway and park from the service yard, as well as provide beauty and
visual and educational interest along the walkway.
h. Improvement of Lake Street pedestrian corridor and inclusion of Public Art. The
eastern edge of the project will include the improvement of the sidewalk and
landscaping along Lake Street and calls for new public art at the northeast corner of
the site, and possibly the southeast corner too. The goal is to announce this area as
the eastern gateway into Nottingham Park and increase the character and visual
appeal of this key location of the park.
i. Electrical transformers and controls relocated to the west side of the site and
accessed from the west parking lot. This location is proposed to provide convenient
access from the service yard and closer to the events staging and operations area.
j. All (4) concepts include new restrooms, storage space, and a picnic area. However,
these vary in layout, size and location depending on each concept and are described
in greater detail in section 3, below.
3. Differences unique to each Concept Site Plan diagrams
Each of the (4) concept site plan diagrams propose to accommodate and develop the
program for the site in a different manner. The way in which the restrooms, storage and
picnic area organized vary in each concept. In some cases, there are additional facilities and
park elements that are explored in the diagrams. These differences are as follows:
a. Concept 1:
• New Storage Building and small service yard on the far west end of the site.
• New Restrooms on the east end of the site.
• Green park area in between the storage and restrooms.
• New east-west pedestrian route / walkway along the southern edge of the
site.
• New north / south pedestrian route and walkway through the center of the
site.
• Picnic area on the northeast corner adjacent to the east parking and north
walkway.
• Potential covered / shelter areas attached to the storage and restroom
building oriented to the green park area in between.
• Sports Fit court relocated to the southeast corner adjacent to the east
parking.
• Additional parking on the north side of West Benchmark Road.
• Overlook space oriented to the north for viewing of the recreation field and
performance stage.
ATTACHMENT AATTACHMENT B
Town of Avon East Nottingham Park Improvements Design and Community Engagement 4 | Page
b. Concept 2:
• New Storage Building and small service yard on the far west end of the site.
• New Restrooms split into (2) buildings, one located on the back side of the
Storage Building and one ‘free-standing’.
• Potential covered / shelter area between both restrooms, and around the
storage / restrooms buildings to provide additional cover, storm shelter and
shade.
• New east / west pedestrian route and walkway along the southern edge of
the site.
• New north / south pedestrian route and walkway through the center of the
site.
• Picnic area on the northeast corner adjacent to the east parking and north
walkway.
• Sports Fit court relocated to the southeast corner adjacent to the east
parking.
• Additional parking on the north side of West Benchmark Road.
• Overlook space oriented to the north for viewing of the recreation field and
performance stage.
c. Concept 3
• New Storage Building and small service yard on the southwestern corner end
of the site.
• New Restrooms on the northwestern corner of the site, connected to and
sharing a wall with the new storage building.
• Multi-use court area in the center of the site to be used for sports courts
during every day park use and for special events uses too.
• Picnic area on the northeast corner adjacent to the east parking and north
walkway. More expansive and larger than the picnic area shown in Concepts 1
and 2, also serves as overlook area into the park
• New north / south pedestrian route and walkway through the center of the
site.
• Sports Fit court relocated to the southeast corner adjacent to the east
parking.
• Additional parking on the north side of West Benchmark Road.
• Potential free-standing shelter oriented to the multi-use court, the picnic area,
and the sports fit courts.
• Overlook space oriented to the north, near restrooms for viewing of the
recreation field and performance stage.
ATTACHMENT AATTACHMENT B
Town of Avon East Nottingham Park Improvements Design and Community Engagement 5 | Page
d. Concept 4
• New Storage Building and small service yard on the western edge of the site.
• New Restrooms along the southern edge of site. Separate restrooms wings,
with a covered shelter in the space in between, connecting the two wings of
restrooms, centered on the multi-use plaza.
• Multi-use central plaza in the center of the site facing north. Serves to
support every day park use and special event uses too. Offers
overlook space oriented to the north, for viewing of the recreation field and
performance stage.
• Western wing of the restrooms connected to the Storage Building.
• Eastern wing of the restrooms has a potential picnic shelter oriented to the
Picnic Area.
• Potential concessions area shown on back side of Storage Building facing the
multi-use plaza.
• Picnic area on the northeast corner adjacent to the east parking and north
walkway. More expansive and larger than the picnic area shown in Concepts 1
and 2. Relates to the central plaza and serves as overlook area into the park.
• New north / south pedestrian route and walkway through the center of the
site.
• Sports Fit court relocated to the southeast corner adjacent to the east
parking.
4. Preliminary Cost Budget for the (4) concept site plan diagrams
The effort is in conceptual preliminary stages and lacks sufficient detail for detailed cost
estimating. At this stage, a range for the preliminary cost budget has been established
based on the anticipated program for the site and shared elements in each concept site plan
diagram, which are similar. All options include a Storage Building and Restrooms (2000sf
and 2250 sf in size respectively). Estimated at $400 / sf price of construction, this represents
$1.7 million for the construction of the storage and restrooms.
Additional improvements within each option include a new walkway, wall, picnic area,
relocation of the sports fit court, additional shelter, and landscaping. For these elements a
budget of $850,000 is proposed. Further a budget for site work is proposed at $550,000 for
all options to address grading, new paving, and utilities. For Concepts 3 and 4, an
additional budget of $500,000 is proposed for the multi-use court and the multi-use plaza.
Given this, the following are the range the preliminary cost budget for concept site plan
diagrams 1 and 2 and for concept site plan diagrams 3 and 4:
ATTACHMENT AATTACHMENT B
Town of Avon East Nottingham Park Improvements Design and Community Engagement 6 | Page
Concepts 1 and 2:
Buildings (Storage and Restrooms 4,250sf @ $400 / sf): $1,700,000
Site Program Elements (Picnic Area, Shelter, Wall, Walkway, Landscaping): $ 850,000
Site Work and Utilities: $ 550,000
Sub-total $3,100,000
20% Contingency $ 620,000
Preliminary Cost Budget $3,720,000
Concepts 3 and 4:
Buildings (Storage and Restrooms 4,250sf @ $400 / sf): $1,700,000
Site Program Elements (Picnic Area, Shelter, Wall, Walkway, Landscaping): $ 850,000
Site Work and Utilities: $ 550,000
Multi-use Courts or Plaza $ 500,000
$3,600,000
20% Contingency $ 720,000
Preliminary Cost Budget $4,320,000
These budgets are preliminary and provided as on order of magnitude for reference. A 20%
contingency has been applied to account for unknowns, inflation and fluctuating costs of
materials and labor. A more detailed estimate will be prepared for the preferred concept
and when it evolves to a schematic level of design later in the design process in June and
July.
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ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
May 17, 2021
The Town of Avon
East Nottingham Park Improvements
Conceptual Design Diagrams
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ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
May 17, 2021
Stairs to old Town HallPicnic Area Existing Parking Lot View from Lawn Looking South Looking Towards Performance
Pavilion
Way to Pavilion from Parking areaRoad from Parking towards
Lake St.
Parking near Pavilion Performance Pavilion Outdoor Exercise Equipment Area
Existing Conditions
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ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of AvonMay 17, 2021
Town Context0 100’50’200’
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Avon
Recreation
Center
Avon
Library
The Westin
New Riverfront Town Homes
Eagle River
Union Pacific
Railroad
Highway 6
To Beaver
Creek Resort
Interstate 70
Athletic Fields
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ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of AvonMay 17, 2021
Site Analysis0 45’90’
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ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of AvonMay 17, 2021
Storage
(2,000sf)
Restrooms
(1,125sf)
Restrooms
(1,125sf)
Picnic Area
Overlook
Overlook
Green
Walkway
Shelter
Parking
Cabin
Performance
Stage
Sports and
Recreation
Fields
Parking
Central Spine for Pedestiran & Service Access
Parks and RecStorage
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Parking and
Events Staging
Short Term
Parking
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Views to South
Views to South
Xeric Garden
Concept 1SCALE: 1” = 20’
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Union Pacific Railroad
Service Plaza
Lake
Focal
Spot
Service Yard
Trash Expansion
Service
Yard
Parking
Fit Courts
(1,427sf)
Shelter
Golf Cart Access
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Focal Spot
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Important Vehicle
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ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of AvonMay 17, 2021
Storage
(2,000sf)Restrooms
(1,125sf)
Picnic Area
Overlook
Parking
Cabin
Performance
Stage
Sports and
Recreation
Fields
Parking
Central Spine
for Pedestiran & Service Access
Parks and RecStorage
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Parking and
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Views to South
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Xeric Garden
Concept 2SCALE: 1” = 20’
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Union Pacific Railroad
Service Plaza
Lake
Service Yard
Trash Expansion
Shelter
Overlook
Parking
Picnic
Shelter
Service Access
Service
Yard
Parking
Restrooms
(1,125sf)
Fit Courts
(1,427sf)
Covered
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Transformer14’ x 12’
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ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of AvonMay 17, 2021
Storage
(2,000sf)
Restrooms
(2,250sf)
Picnic Area
Parking
Cabin
Performance
Stage
Sports and
Recreation
Fields
Parking
Central Spine
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Parks and RecStorage
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Short Term
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Seat Wall
Views to South
Views to South
Xeric Garden
Concept 3SCALE: 1” = 20’
0 20’10’40’
Union Pacific Railroad
Service Plaza
Lake
Service Yard
Trash Expansion
Shelter
Overlook
Parking
Service
Access
Service
Yard
Multi-Use Court
(4,689sf)
Parking
Seat Wall
Fit Courts
(1,427sf)
Focal Spot
Golf Cart Access
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Important Vehicle
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ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of AvonMay 17, 2021
Storage
(2,000sf)
Restrooms
(1,125sf)
Picnic Area
Parking
Cabin
Performance
Stage
Sports and
Recreation
Fields
Parking
Central Spine for Pedestiran & Service Access
Parks and RecStorage
Widen Entrance
+ Bollards
Parking and
Events Staging
Short Term
Parking
Parking
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Parking
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Seat Wall
Views to South
Views to South
Xeric Garden
Concept 4SCALE: 1” = 20’
0 20’10’40’
Union Pacific Railroad
Service Plaza
Lake
Service Yard
Trash Expansion Shelter
Service
Access
Service Yard
Fit Courts
(1,427sf)
Parking
Seat Wall
Restrooms
(1,125sf)
Shelter
Multi-Use Plaza
(4,780sf)
Overlook
Future
Concession Entry Sign
Transformer14’ x 12’
Focal
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Golf Cart Access
ATTACHMENT AATTACHMENT B
970.748.4004 eric@avon.org
TO: CASE Committee
FROM: Eric Heil, Town Manager
RE: Special Events 10 Year Vision Document
DATE: May 18, 2021
THIS IS A DRAFT VISION OF THE STATUS OF SPECIAL EVENTS IN AVON IN 10 YEARS (2031) [NOTE: This document provides a narrative description of the scope and scale of Special Events in 10 years if existing special event concepts are nurtured and grown over the next 10 years. This document is intended to assist with visioning and planning the demands and impacts of Special Events in 10 years and beyond. THIS IS ONLY A DRAFT and intended to generate discussion and consideration of the scope and scale of Special Events in 10 years.]
Avon Special Events 10 Year Vision: By 2031 an additional 500 hotel rooms and 300 condominiums
available for short term rental have been constructed, increasing the Town’s bed base from have been
constructed, increasing the Town’s bed base from 1,200 to 2,000. Alcohol sales are a significant revenue
source for each event and are not projected in this draft. Improvements to Nottingham Park and the
Pavilion will have been completed by end of 2022 season to have public restrooms that can accommodate
[2,000-2,500] person events. Storage for alcohol, tents, mobile bars, etc., at field level along with the public
restrooms have been constructed. The Old Town Hall site has been redeveloped with public restrooms,
storage, and replacement of the retaining wall so that the entire main field and Pavilion Stage has cohesive
design and appears as an “event venue”. The Metcalf Cabin will be either removed and that side
redeveloped or the Metcalf Cabin will be remodeled to create a 2nd green room with shower that can be
used for summer camp, community meeting space, or additional support space for private events on
Terrace. There is little, if any, change to the parking lot or Parks garage area because both facilities are
needed to serve the park.
Signature Events: A Signature Event is defined as reoccurring event with strong association with Avon
and typically with attendance of more than 3,000. The Avon community, Avon staff, and main field grass
can accommodate a large signature event once every 2 to 3 weeks during the summer.
Mid-June: Best of the West – Thursday evening opener at Pavilion, all day Friday, Saturday and
Sunday, multiple stages in Town (Pavilion, Possibility Plaza, and Participating Private
Restaurants/Bars), evening performances at multiple bars and restaurants (at least 4
separate locations), focused on original Colorado talent. This event includes song writing
workshops and musician workshops in addition to performances.
The talent mix will offer opportunities for up and coming Colorado bands along with cameo
guest appearances by national talent with Colorado connections (Motet, String Cheese,
Lettuce – it’s a long list). Attendance will be 5,000 to 8,000 per day. The atmosphere will
offer a multi-day festival environment along with strong opportunity for musician
camaraderie.
Avon “owns” this week-end in the Vail Valley and is the primary attraction for Eagle County
Residents as well as visitors to Avon, Beaver Creek and Vail. This Festival is free and
without charge. The budget is $250,000 with a least $175,000 allocated to support talent.
ATTACHMENT BATTACHMENT B
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Return on Investment is high by filling Avon accommodations and providing a strong retail
week-end for restaurants and other retail establishments early in the summer. “Best of the West” is a unique festival that has more of a musician focus than a typical concert festival
and an inherently strong Colorado focus. Theme elements of “Taste of Colorado” are
incorporated throughout with numerous opportunities for Colorado vendors. “Best of the
West” is trademarked so that the name/title cannot be used by any other music festival.
July 3: Salute to the USA – 25,000 in attendance. Budget is $275,000 (up from $200,000 to
account for inflation). Salute to the USA is Avon’s premier Signature Event.
Mid-June
through
August: Avon LIVE! – Avon LIVE! is a 12 day free concert series that “owns” Wednesday nights in
Eagle County. The talent line-up features 5 national travelling acts ($5-$10k talent budget);
5 mid-tier national acts ($15-$25K talent budget) and 2 well known national acts ($40-$60k
talent budget). Concerts are free. Budget is $300,000 ($237,000 talent, $5,000 per show
for support - $60,000).
Mid/Late July
Early August: TBD – There is room on the Calendar and with regard to ability to maintain the Main Field
in good shape to add one or two signature events from Mid-July to Mid-Late August.
Avon’s success with the Heart and Soul Festival has generated competitive interest from
Private Producers to create one or two signature events in this timeframe. Private
producers have established and executed successful signature event(s) during this
timeframe window. Town’s budget is $150,000 to 300,000 annually to support one or two
signature events during this timeframe. Return on Investment is modest because
accommodations would be filled for these week-ends without the event. Attendance is
projected to be 5,000+ per day. These signature events are destination events that attract
visitors who stay in Avon, Beaver Creek and Vail. [NOTE: Circus may conflict with this time frame or exceed capacity of field to accommodate both CIRCUS and a signature event in this period.]
Sunday of
Labor Day
Week-end: End of Summer Party: Nottingham Lake is a multi-day “best beach party in the Rocky’s”
event involving multiple bands playing on the Terrace as well as a headliner on the Avon
Pavilion Main Stage. Water activities, cardboard regatta, multiple children’s activities,
vendors on the main field and artist displays, all create a day long, family-friendly, beach-
based carnival event that is the go to summer finale celebration for Eagle County residents
and visitors. Attendance is 10,000 to 15,000. Budget is $100,000.
Mid-
September: Heart and Soul Festival: Avon’s namesake multiday festival begins on Friday evening
and runs through Sunday evening. Music performance are on the Pavilion Stage and
evening performances are coordinated with a minimum of four separate bar venues in
Avon. Attendance is 7,000 to 10,000. Well known national acts that are Colorado fan
based appropriate are booked. In addition to Eagle County residents, the festival targets
ATTACHMENT BATTACHMENT B
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festival goers of all ages as well as front range college students who are ready for a week-
end mountain road-trip 4-5 weeks into their fall semester.
This is a ticketed event that is sold-out in advance. Daily tickets are $100 or more and
multi-day festival tickets are $200 or more. Budget is $1,300,000 with $900,000 to
$1,000,000 available for talent. This festival operates in the black between ticket sales and
alcohol sales. Return on Investment is very strong by filling Avon’s accommodations for a
long week-end in mid-September as well as creating another “super-retail” week-end for
Avon restaurants and businesses. Heart and Soul Festival has national recognition and is
a destination event for visitors.
Early October: Man of the Cliff: Man of the Cliff is a multi-day event that draws 5,000+ attendance per
day. [More Description Needed]
Other Events: There are numerous other reoccurring events that are well-established and provide a
variety of activities and attractions for the Avon community and Avon visitors. [More Description Needed]
Fridays: Lakeside Films: Family friendly films are shown in Nottingham Park on Friday evenings in
July and August. Local bands are set-up on a portable riser stage in front of the screen.
Attendance is 700-1,000. This is a free event and a BYOB event. A selection of food
vendors is available.
Sundays: Sunset LIVE!: This event regularly occurs on Sunday evenings from Mid-June through
Labor Day week-end. The event has expanded to Thursday and Saturday evenings when
not conflict with Terrace Shows. Talent is a mixture of local and regional performers. Avon
conducts alcohol sales which helps to support the event. The premise area is Terrace and
the adjacent lawn area. There are typically 25-40 Sunset LIVE! performances during the
summer. Cost is $40,000.
Terrace
Shows: A series of 6 to 10 ticketed shows are held on the Terrace during the summer, primarily on
Thursday or Saturday evenings. Seated capacity is 250-300. The Terrace is ideally suited
for intimate performances of jazz shows and talented singer/performers. The Terrace
Shows have a strong relationship with Vail Jazz and Vilar as an alternate venue option.
Ticket pricing is $35-$60 and talent budget is $9,000 to $12,000. Terrace Shows are held
on Thursday or Saturday nights to fit opportunities to book talent and properly market
these shows.
Art Shows: 2-3 Art Shows occur over the course of the summer. Each Art Show includes 40-100
booths.
Winter: [Winter events need to be added. This event season is new, needs some brain work as well as input from our accommodations industry.]
ATTACHMENT BATTACHMENT B
Page 4 of 4
November: Thanksgiving: [Avon has secured a re-occurring concert event on Friday or Saturday of
Thanksgiving week-end that has strong Return on Investment to promote occupancy
during the early season opening of Beaver Creek. Attendance is 2,000 to 3,000 people.]
Pre-Holiday Holiday Tree (aka Christmas Tree) Lighting Event. Avon Community Shopping Night.
[More description and definition are needed].
New Year’s
Eve Avon has a fireworks display event that is coordinated with Beaver Creek. Cost is $10,000.
Holidays &
January Sat. Ice Skating on Nottingham Lake is reinforced with live music on the Terrace on Saturday
evenings.
Winter Event: Avon has several winter events, such as ice sculpture displays on the Main Street Mall.
[More description and definition are needed].
Spring Break: Avon has secured a multi-day Signature Event during the spring break period in March.
This event draws 3,000 to 5,000 per day.
End of Season: Apres Avon in April: A mid-tier national act performs at Possibility Plaza during the Apres
Ski timeframe from 4 to 6pm on the last 2 or 3 Saturdays of the Beaver Creek ski season.
Attendance is 2,000. Budget is $75,000 ($25,000 per performance). Return on Investment
is strong and event draws destination visitors to Avon for these week-ends which
otherwise have reduced occupancy rates.
This only includes music events and performances on the stage and does not include a variety of recreational events that also occupy the calendar from June through September. This does not include events or activities beyond Nottingham Park.
Thank you, Eric
ATTACHMENT BATTACHMENT B
970.748.4004 eric@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Eric Heil, Town Manager
RE: Senate Bill 23-213 – Regional Housing Planning
DATE: June 14, 2024
This report was provided to Mayors and Managers group meeting on June 16, 2023. The consensus at that meeting was to proceed with a collaborative county wide regional housing plan. I am coordinating with Town of Vail and Eagle County to further define scope and process for a regional housing planning effort. The intention is to submit a grant application to the Department of Local Affairs Housing Now program in July which can provide up to 90% grant funding for housing planning efforts. This an update for information purposes and no action is required by Council.
SUMMARY: This report provides an overview of the rise and fall (and likely rise again) of Senate Bill 23-
213 (“SB-213”) and ideas on regional housing planning. SB-213 was introduced late in the 2023 legislative
session. The initial bill identified Tier 1 and Tier 2 Metropolitan areas and “Rural Resort Job Center
Municipalities” and proposed land use mandates to create a housing needs assessment and state
mandated upzoning for single family residential. The mandatory upzoning of single-family zoned areas
would have included the right to build accessory dwelling units and the right to build multi-family, up to six
plex units. This was a long bill with an even longer list of flaws which I won’t detail in this report.
Avon and Vail were among the 15 RRJCs identified in the bill. Representatives of Avon, Vail and the other
RRJCs met regularly to review the bill and provide input as a single cohesive voice. Senator Dillon Roberts
sits on the Local Government and Housing Committee and had a good deal of influence. By the time SB-
213 passed of the Senate as a scaled down version that mostly had an obligation for RRJCs to adopt or
update a housing needs assessment and adopt several “housing strategies” from a long list of strategies
recognized in the bill. There were on-going concerns about the definition of “low-income” and “moderate-
income” until the very end.
The House approved SB-213 with a number of land use mandates re-included into the bill. On the last day
of the legislative session, Monday, May 8, 2023, the Senate and House gave up on trying to reconcile the
bill and it died. The Governor’s office has indicated they plan to come back with a similar proposal for the
2024 legislative session.
CAST, and its individual members, and ERWSD/UERWA did a good job of engaging and providing
testimony. CAST explained that the challenge was not local zoning, but our economics with high entry
level salaries, high construction costs and high land costs.
SB-213 had a strong political coalition comprises of housing groups, builders, environmentalists and the
Colorado Energy Office. By the end of the legislative session we came to appreciate that there was a
sentiment that RRJCs wanted special treatment and that the RRJCs were exclusionary and not supportive
of low income housing.
NEXT STEPS: CAST (Colorado Association of Ski Towns) is discussing next steps. The next CAST
Housing Task Force meeting is on Monday, June 5, 2023. Ideas that we will discuss include:
1. Preparing an information briefing sheet for all Colorado legislators better explaining housing projects
in the mountain resorts and explaining our challenges.
Page 2 of 3
2. Organize a field trip day to Summit County for representatives from the Governor’s Office to view
several housing projects.
3. Endorse a series of regional meetings throughout the State in the fall to take input on a local level.
REGIONAL HOUSING ACTION PLAN: In addition, the Town of Avon is working on a grant application to
DOLA for funding a Regional Housing Action Plan. Avon is contemplating that the plan area would include
Vail to Edwards or Vail to Wolcott and that Vail, Minturn, Eagle County, the Metro Districts and
ERWSD/UERWA would all participate in this Plan document and process.
The intent would be to have an updated housing strategy plan, document where additional housing makes
sense (and where it does not), identify the challenges to housing and the financial support needed to meet
housing objectives. It is hoped that Avon, Vail and our region would be able to get ahead of legislation
proposed in 2024 as well as better advocate for state and federal funding for housing projects in our area.
I believe the Vail to Edwards/Wolcott area is the most efficient area for housing plan effort because this
overlaps with the ERWSD/UERWA for water and sewer, overlaps the planned Eagle Valley Transportation
Authority fare free zone, and the economic challenges associated with housing are very similar throughout
this region. In addition, Avon and Vail were specifically targeted in SB-213, so it makes sense for Avon and
Vail to proceed with a Housing Plan and incorporate the areas around these two towns.
ERWSD/UERWA GOALS: Housing projects that are in addition to existing zoning have consequences on
the water rights portfolio and capacity of existing water and wastewater infrastructure. An intended goal of
a Regional Housing Action Plan is to coordinate infrastructure capacity and service in the most practical
and economical manner possible. This Plan document should illustrate how high-density workforce
housing can fit with planned transit, water conservation and existing water and sewer infrastructure.
COORDINATE OR COMBINE WITH COUNTY WIDE REGIONAL HOUSING PLANNING EFFORT:
Consideration should be given to whether a Vail to Wolcott regional housing plan effort should be combined
or coordinated with an Eagle County Wide housing planning effort. If there is interest in regional housing
planning for areas beyond the Vail to Wolcott region then at a minimum these housing planning efforts
should be coordinated so that both plans are collecting similar data and presenting information, goals and
strategies in a similar format.
A combined county-wide housing plan would have the benefit of one planning effort that involves all
stakeholders in Eagle County. A coordinated effort has the benefit of allow Avon and Vail (as communities
targeted by SB 213) to proceed more quickly and to focus on an area that overlaps with the Upper Eagle
Regional Water Authority/Eagle River Water and Sanitation District service area and the Eagle Valley
Transportation Authority fare free transit zone. This Vail to Wolcott area has unique and exceptional
complexities related to water rights; water and sewer infrastructure; and analyzing the challenges of each
potential housing parcel.
DOLA GRANTS: DOLA has a More Housing Now & Land Use Initiative that can provide grants for
planning purposes up with 90% funding and 10% match. The cost estimate for a Vail-Wolcott housing
planning project is $250,000, which would require a $25,000 local match. A grant request up to $250,000
is reviewed administratively rather than by the DOLA Energy Impact Assistance Fund board through a
formal hearing process. Our regional DOLA Representative Kate McIntire expected that funding decisions
would be made in October and a DOLA contract would be ready in early November. This timeframe would
Page 3 of 3
allow for conducting RFPs for consults in November and December and ideally beginning the actual
planning work in January, 2024.
ELEMENTS OF A REGIONAL HOUSING ACTION PLAN: The elements of a regional housing plan would
include the following:
• Description of Region
• Description of existing conditions related to housing pricing
• Description of existing workforce housing and pending projects
• Analysis of existing job centers, including number of jobs, range of salaries, and quantity of jobs in
different salary ranges, impact to employers due to lack of housing and impact to community due
to lack of housing.
• Discussion of Goals and Strategies (percentage housing within a certain distance to jobs, access
to transit, net zero construction, access to schools and public facilities, identification of housing
needed for different income levels, full-time versus seasonal, appropriate mix of rental versus
ownership, and appropriate mix of unit sizes)
• Discussion of challenges to housing, including cost of land, cost of construction, availability of
infrastructure, availability of water rights, access to transit, and capacity of schools, early childhood
education and daycare
• Analysis of potential future workforce housing projects
• Description of Action Plan and next steps, including identification of state and federal funding;
identify strategies to overcome AMI based funding restrictions; opportunities to partner with US
Forest Service lands and State of Colorado lands; recognize emerging trends in construction
methods, including modular; explore regional housing authorities to facility housing projects;
identify opportunities for state legislation to authorize additional local funding sources.
NEXT STEPS: I suggest these next steps in moving forward.
• Determine regional interest for housing planning and appropriate region, or regions, for housing
planning project.
• Contact stakeholders to solicit interest and input
• Submit grant application (Grant Funding round opens June 30, Avon would like to submit an
application when funding round opens)
• Continue with potential projects, refining the Regional Land Inventory, coordinating with water and
sewer service.
Thank you, Eric
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Eric Heil, Town Manager
RE: Tract Y, Benchmark at Beaver Creek Rezoning
DATE: June 21, 2023
SUMMARY: This report requests Council direction on a proposal to explore re-zoning Benchmark at Beaver Creek
Tract Y (“Benchmark Tract Y”) from Open Space to High Density Residential for Community Housing purposes.
Benchmark Tract Y is 3.41 acres and is narrow and sloped, which presents some physical development challenges.
This parcel is situated between Swift Gulch road and the I-70 right-of-way. The Nottingham-Puder Ditch and a
recreational path cross the property lengthwise. Benchmark Tract Y has limited wildlife habitat and scenic viewshed
values. The Town of Avon Zoning Map designates this parcel as Open Space, Landscaping and Drainage. The
Future Land Use Plan in the Avon Comprehensive Plan designates this parcel as Civic/Public (same as Swift Gulch
public works site).
COMMUNITY HOUSING: Council has provided direction that Community Housing is the number one priority. Staff
has sought to consider every conceivable opportunity for Community Housing development in and adjacent to the
Town of Avon. This site could potentially support Community Housing development that could range from 20 family
sized for-sale units to 50+ studio apartments without parking, or shared vehicle arrangement, that is oriented towards
the seasonal workforce. The determination of the appropriate Community Housing product is anticipated to result
from preliminary site analysis and identification of needs from a regional housing study.
DEVELOPMENT CODE: The Town Council may initiate an amendment to the Comprehensive Plan. §7.16.030(a),
Avon Development Code and may initiate an application to change zoning, §7.16.050(a). The process of preparing
and submitting an application to Avon Planning and Zoning Commission would involve general site analysis to
determine feasibility, constraints and challenges associated with potential residential development.
FINANCIAL IMPACTS: Preliminary site analysis would include survey, topography, utility and conceptual
engineering and architectural to determine the feasibility of building footprints. A budget of $50,000 is proposed to
conduct this preliminary site analysis, which is proposed to come from the Community Housing Fund.
COUNCIL REQUEST: Council is requested to provide direction to Staff to prepare and submit an application to Avon
Planning and Zoning Commission for review and recommendation of an amendment to the Avon Comprehensive
Plan to designate this parcel for Community Housing in the Future Land Use Plan and submit an application to
rezone this property to the high-density residential zone district. Direction by Council to prepare an application to
amend the Comprehensive Plan and Rezone Benchmark Tract Y is not a decision by Council to take such action.
Rather, the direction is only for Staff to prepare an application and the preliminary site analysis to determine if this
parcel might be a viable opportunity for additional Community Housing development.
PROPOSED MOTION: “I move to direct Staff to prepare and submit an application for a Comprehensive Plan Amendment and Rezoning of Benchmark at Beaver Creek Tract Y for Community Housing development.”
Thank you, Eric
ATTACHMENT A: Benchmark at Beaver Creek Tract Y
ATTACHMENT B: Avon Zoning Map
ATTACHMENT C: Avon Comprehensive Plan Future Land Use Plan
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BUS STOP AVON REGIONAL TRANSIT FACILITY
BUS STOP
ATTACHMENT A
TOWN OF AVON
BENCHMARK AT
BC TRACT Y
SITE
CURRENT ZONING:
Open Space, Landscaping and Drainage (OLD). The OLD district is intended for areas that will be public or private undeveloped open spaces. Some landscaping and drainage control work may be necessary
and desirable. The OLD district may also be used to preserve and protect land areas of special or unusual
ecological or geographic interest. There are no dimensional requirements for this district.
ATTACHMENT B
TOWN OF AVON ZONING MAP
SITE
TOWN OF AVON BENCHMARK AT
BC TRACT Y
ATTACHMENT C
FUTURE LAND USE
The Future Land Use Plan establishes preferred development patterns by designating land use
categories for specific geographical locations. Land use designations depicted on the land use map
do not supersede the Town’s zoning districts and regulations, and display general land use categories
as a visual guide for the community based on the goals, objectives, and policies presented within thisdocument. The Future Land Use Plan and its land use designations are illustrative only and do not
represent zoning designations.
COMPREHENSIVE PLAN FUTURE LAND USE MAP
970.748.4413 matt@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Matt Pielsticker, AICP Planning Director
RE: Housing/Long Range Planner Position
DATE: June 15, 2023
SUMMARY: This report summarizes my intent to solicit and fill a new Housing/Long Range Planner
position in the Community Development Department. During the fall 2023 budget hearings, increasing
Community Housing efforts become identified as a top priority of Town Council. The Town Council then
budgeted for ½ the calendar year (2023) and agreed to revisit discussions surrounding this priority mid-
year. The remainder of this report explains the scope of duties, anticipated projects, and financial
implications for hiring an additional staff member in the Community Development Department.
ROLES AND RESPONSIBILITIES: This position will serve a dual role. First and foremost, the position will
provide dedicated support to all housing initiatives. Long range project support (e.g., the Sun Road
Redevelopment Plan, and update to Avon Community Housing Plan), would balance the remainder of time.
A starting list of duties and projects include:
Lead role and main contact for all current/ending housing projects: o Hidden Valley Estates (Private – Tract Y) o Avondale Apartments (Town – Lot 5)
o Early Childhood Education/Housing (Vail Valley Foundation – Planning Area E)
o State Land Board (Multiple Parties – Unincorporated Eagle County)
Manage the Mi Casa Avon program expansion and increased opportunities.
Regional Housing Plan coordination.
New project development on Town Properties, Village (at Avon) projects, and Town Core
redevelopments.
Grant pursuance (e.g., Proposition 123) and Administration for all Town of Avon Housing Projects.
Active compliance verification and enforcement of price-capped deed restricted units, Mi Casa
Avon units, and Hidden Valley Estates.
Long Range planning support for master planning, and updates to existing master plans
FINANCIAL CONSIDERATIONS: The current Community Development budget includes 6 months’ salary
(estimated $90,000) plus benefits, for this position. Through May 2023 the Town’s General Fund revenues
are running approximately $928,000 ahead of budget projections. This financial picture, coupled with the
impactful nature of having a full-time in-house employee devoted to housing projects and long range efforts
leads to my recommendation to pursue this position at this time.
REQUESTED ACTION: Council has the option to support this request, request additional information, or
provide direction to revisit during the budget process this fall. If there is support, I intend to immediately
post the job at www.avon.org/jobs, Vail Daily, and Colorado Chapter of the American Planning Association.
PROPOSED MOTION: No motion necessary.
Thank you, Matt
ATTACHMENT A: DRAFT Job Description
Housing/Long Range Planner June 2023
Page 1 of 2
Housing/Long Range Planner Job Description
Position Title: Housing/Long Range Planner
Division: Planning
Department: Community Development
Reports To: Community Development Director
Safety Sensitive: No
FLSA Classification: Exempt
Month and Year: June 2023
GENERAL STATEMENT: This position is primarily responsible for enhancing housing opportunities for local workers
and managing Avon’s Community Housing programs and projects. The role also includes overlapping long range
planning duties.
SUPERVISION RECEIVED: Works under the direct supervision of the Community Development Director
SUPERVISION EXERCISED: May provide training and direction to interns, junior level planners, and/or administrative
staff. This position will also be responsible for managing third-party consultant contracts.
WORK ENVIRONMENT: Work performed is primarily in an office environment, involving both sitting and standing for
long periods, frequent interruptions and requires driving a Town vehicle to attend various meetings or conferences.
Repetitive motion for typing and reaching with hands and arms. Also includes talking or hearing and standing and
walking. Must be able to lift and/or move objects up to 10 pounds, and at times, objects weighing upwards of 50 pounds.
Occasionally requires stooping, kneeling, crouching, and crawling. Work also performed outside in all weather
conditions normally found in mountainous terrain.
ESSENTIAL FUNCTIONS:
1. Housing project development and management for public, private, and public/private partnerships.
2. Mi Casa Avon program administration and expansion.
3. Establishing land use plans and policies to meet the Town’s housing needs. Housing policy development,
including review of existing commercial linkage requirements and potential prioritization of water resources for
Community Housing development.
4. Due diligence for new housing development on Town of Avon properties.
5. Identifying, managing, and administering grants for the development and retention of Community Housing stock.
6. Regional coordination with Eagle County, Town of Vail, and major employers’ housing programs.
7. Represents the Community Development Department in regional housing initiatives including housing plans and
other housing organizations.
8. Presents to Planning and Zoning Commission, Town Council, and other groups and committees, as necessary.
9. Manages correspondence with other departments and applicants, and other documentation regarding housing
projects within the Town.
Other Duties and Functions:
1. Manages long-range planning projects and oversees consultants.
2. Demographics and trends analysis, including population and job information sharing with State Demographer’s
office and United States Census Bureau.
3. Works closely with Town Attorney and/or Town Prosecutor with Deed Restriction compliance matters.
Housing/Long Range Planner June 2023
Page 2 of 2
4. Cross-trains in other functions within the department as needed.
5. Association with key housing agencies (e.g., CHFA, DOLA, etc.) to have current understanding of various
financial assistance programs.
REQUIRED KNOWLEDGE, SKILLS AND ABILITIES:
1. Well-developed knowledge of principles and techniques of planning, zoning and land use, comprehensive
planning, and of the normal stages of property development as viewed from both the public and private sectors.
2. Knowledge of basic graphics, cartography, and data management programs, with the requisite skills and the ability
to develop basic maps and exhibits.
3. Excellent proficiency in all Microsoft Office programs.
4. Ability to establish and maintain positive, effective working relationships with consultants, contractors, peers,
superiors, and the public.
5. Ability to work on multiple projects simultaneously either independently or in a team environment.
6. Ability to effectively communicate verbally with individuals, citizen boards and commissions, and in speaking with
audiences regarding technical and non-technical aspects of planning and development review.
7. High proficiency in technical and communicative planning and report writing.
8. Ability to communicate in English effectively both verbally and in writing; Spanish is considered a plus.
9. Requires possession of Colorado driver’s license or ability to obtain one within 30 days of hire. Ability to operate
a Town vehicle safely and legally.
EDUCATION AND EXPERIENCE: A combination of the experience and education listed below, which provides an
equivalent background to perform the work of this position, will be considered. Master’s degree in urban planning or a
closely related field with at least five (5) years of professional experience in long-range planning, community
development, and housing projects. Direct experience with workforce housing planning, program management,
housing programs, public policy, real estate finance, or development. Planning experience in resort towns (especially
Mountain areas) and community development experience is preferred.
ACKNOWLEDGEMENT: I understand the requirements and essential functions of this job description. I also
understand that the duties listed above are not all inclusive and may be revised, or other duties may be assigned, to
meet the needs of the Town. I will perform those above and other duties as directed by my supervisor.
Employee Name: ___________________________________
Employee Signature: ________________________________ Date: __________________
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Eric Heil, Town Manager
RE: Town Manager Employment Agreement
DATE: June 22, 2023
SUMMARY: Council conducted the annual Town Manager performance evaluation this spring. An updated
Employment Agreement is attached to reflect increases to compensation resulting from the annual performance
evaluation. Compensation increases include increasing the base salary to $212,700, effective May 1, 2023, and
increasing base salary to $229,800 effective January 1, 2024, increasing automobile allowance to $575 per month,
increasing housing allowance to $1,500 per month, providing an $1,800 bonus (as approved for all Avon full-time
employees in December, 2022) and providing 60 hours of additional personal time off.
PROPOSED MOTION: “I move to approve the Town of Avon Town Manager Employment Agreement, as amended dated June 27, 2023.”
Thank you, Eric
ATTACHMENT A: Town of Avon Town Manager Employment Agreement
Town Manager Employment Agreement
June 27, 2023
Page 1 of 16
TOWN OF AVON TOWN MANAGER EMPLOYMENT AGREEMENT
THIS TOWN MANAGER EMPLOYMENT AGREEMENT (the “Agreement”) is effective April 9, 2019 and is by and between Eric J. Heil, (the “Manager”) and the Town of Avon, Colorado (the “Town”), a Home Rule municipality in the State of Colorado (individually, a
“Party” and collectively, the “Parties”), and is made to set forth the terms and conditions of
Manager’s employment with the Town.
WHEREAS, this Agreement shall replace and supersede the prior Employment Agreement, dated April 9, 2019.
NOW, THEREFORE, in consideration of the mutual promises and payments herein contained, the Parties agree to the following terms and conditions:
1.0 EMPLOYMENT. Manager is employed as Town Manager of the Town for an indefinite
period as an at-will employee, subject to: the terms and conditions of this Agreement; the Town of
Avon Employee Policies, effective June 22, 2023 and the Avon Home Rule Charter, as each and all may be amended from time to time.
2.0 DUTIES. Manager is employed as Town Manager in a full-time capacity, with such duties
and functions as are specified in the Town of Avon Home Rule Charter, as may be specified by ordinance or in the Avon Municipal Code, and as may be directed by the Town Council.
3.0 COMPENSATION.
3.1 BASE SALARY. The Town agrees to pay Manager a base annual salary (“Base Salary”) of TWO HUNDRED TWELVE THOUSAND SEVEN HUNDRED DOLLARS ($212,700.00), which shall be paid on and from May 1, 2023 through December 31, 2023, and then shall be increased to TWO HUNDRED TWENTY NINE THOUSAND EIGHT HUNDRED DOLLARS ($229,800.00) on January 1, 2024. Payment of the Base Salary
under this Agreement shall be made in equal installments on a biweekly basis during the term of this Agreement. The Base Salary shall be prorated for any calendar year in which the Manager is employed for fewer than 12 months.
3.2 AUTOMOBILE ALLOWANCE. Manager shall receive FIVE HUNDRED
SEVENTY-FIVE DOLLARS ($575.00) per month, effective July 1, 2023, as additional, taxable compensation in return for his use of his own, owned automobile in conducting Town business, which shall be paid on and from the Commencement Date. The Manager shall be expected to use his personal vehicle for travel to and from business meetings and on trips related to performance of Town Manager duties. The Manager shall, therefore, not
ATTACHMENT A: Town Manager Employment Agreement
Town Manager Employment Agreement
June 27, 2023
Page 2 of 16
be eligible for mileage reimbursement.
3.3 HOUSING ALLOWANCE. Manager shall receive ONE THOUSAND FIVE
HUNDRED DOLLARS ($1,500.00) per month, effective July 1, 2023, as additional, taxable compensation to defray the costs of maintaining a primary residence in Avon, Colorado.
3.4 RETIREMENT. Beginning on the Commencement Date, the Town shall
contribute an amount into the Town of Avon Public Employees Money Purchase Pension Plan (the “401(a) Plan”) equal to that amount the Manager defers into the 401(a) Plan. As of the Commencement Date, that amount is eleven percent (11%) of the Manager’s Base Salary. The Town’s matching contribution shall be paid into the 401(a) Plan in
biweekly installments. In addition to the 401(a) Plan, the Manager shall be eligible to
participate in the Town’s Section 457 Deferred Compensation Retirement Plan in accordance with the terms and conditions of that plan, and to the extent that the Town maintains that plan.
3.5 INSURANCE BENEFITS. The Town shall provide and pay that portion of the
premiums for health, dental, vision, and term life insurance for Manager and his dependents that it pays on behalf of other full-time employees of the Town in accordance with Town of Avon Compensation & Benefits Programs, effective January 1, 2016, as may be amended from time to time (the “Insurance Benefits”).
3.6 PAID TIME OFF. The Manager shall be entitled to paid time off (“Paid Time Off”) at the rate of an employee with ten (10) years of employment with the Town as of commencing on October 1, 2020.
3.7 BONUS. Manager shall receive a one-time bonus in the amount of $1,800.00
which was provided to full-time Avon employees in December, 2022. Manager shall receive a one-time increase of Personal Time Off in the amount of 60 hours in recognition of work performed on the Eagle Valley Transportation Authority.
3.8 OTHER BENEFITS. Manager shall be entitled to participate in any other benefits
that are provided by the Town to other full-time, executive employees in accordance with
the applicable participation requirements. 3.9 COMPENSATION ADJUSTMENT. The Compensation of the Manager may be adjusted based upon the Manager’s annual performance evaluation, as set forth in Section
4 below, by the Town Council, subject to the Town Council’s sole discretion. Any change
in Compensation shall be effective on such date as Council may determine in its sole discretion. Compensation adjustments shall be made by motion and vote and do not require amendment of this Agreement.
4.0 PERFORMANCE REVIEW. The Town Council shall strive to complete the annual
ATTACHMENT A: Town Manager Employment Agreement
Town Manager Employment Agreement
June 27, 2023
Page 3 of 16
performance review of the Manager in March of each calendar year, unless the Town Council determines a different month during which to complete an annual performance review. The Town
Council also may require a performance evaluation at any time a majority of the Council deems a
review is necessary. The Town Council shall inform the Manager as to the Town Council’s opinion and expectations regarding his performance as Town Manager based upon such performance criteria as the Town Council may utilize in its sole discretion.
5.0 COMMENCEMENT OF EMPLOYMENT AS TOWN MANAGER. The Effective
Date of the Agreement is April 9, 2019, irrespective of the date or dates upon which the Parties execute it. Manager shall commence his duties as Town Manager on Monday, April 29, 2019, (“Commencement Date”).
6.0 FACILITIES. The Town shall furnish office facilities and assistance for Manager as the
Town Council deems appropriate for the performance of Manager’s duties. 7.0 LIMITATION ON EXTERNAL PROFESSIONAL ACTIVITIES. Manager shall not engage in any non-Town employment activities for compensation without the express written
consent of the Town Council. It is the intent of the Parties that Manager’s employment will require
his full-time commitment. 7.1 Notwithstanding Section 7.0, the Manager shall be permitted to pursue his occasional efforts as a professional musician, so long as they do not interfere with the
performance of his Town duties. While the Manager may accept payment for musical
engagements, he may not accept payment with respect to any engagement that the Town funds, directly or indirectly, in whole or in part. 8.0 PARTICIPATION IN PROFESSIONAL ORGANIZATIONS. Participation in
professional organizations and voluntary programs is encouraged, provided they are consistent
with the responsibilities of the Town Manager and with the interests of the Town. The Town shall pay Manager’s membership fees and reasonable costs of participation in the International City Manager’s Association; the Colorado Bar Association; the American Planning Association; the Colorado Chapter of the American Planning Association; and other memberships and professional
development activities the Town Council determines are consistent with his employment. The
Town shall also pay those attorney registration fees and reasonable continuing legal education costs required for the Manager to maintain an active license to practice law in the State of Colorado.
9.0 CONFERENCE ATTENDANCE. The Town shall pay for all reasonable expenses
related to Manager’s attendance at: the International City Manager’s Association annual conference; all Colorado Association of Ski Town monthly meetings; the Colorado Association of Ski Towns annual conference; the Colorado Municipal League annual conference; and at least one other out-of-state conference to be selected at the reasonable discretion of the Manager. Manager
may propose additional job related training, education, and professional memberships and
participation, which shall be subject to review and approval by the Town Council. Additionally,
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Town Manager Employment Agreement
June 27, 2023
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the Manager must attend, at Town’s expense, a leadership/management professional development course by April 30, 2020. The coursework shall be selected by the Manager and shall require the
Town Council’s prior approval.
10.0 TERMINATION WITH SEVERANCE. This Agreement may be terminated, and the Manager shall receive the below-defined Severance, in the event of the following:
10.1 The Town may terminate Manager’s employment without Cause (“Cause,” as
defined below in Section 12), at any time, upon the vote of the majority of the Town Council, and nothing contained in this Agreement shall restrict any Town Council member from making a motion or voting to terminate Manager’s employment without Cause at any regular or special meeting.
10.2 The Manager may terminate his employment by resigning the position of Town Manager for Good Reason. As used in this provision, “Good Reason” shall mean: 10.2.1 Upon receiving the recommendation that he resign from the Town Council,
as represented by a majority of its members; or
10.2.2 Upon the Town’s breach of any material provision of Section 3.0 that remains uncured for forty-five (45) consecutive days after Manager provides the Town Council written notice of the alleged breach and demand for cure.
11.0 SEVERANCE. 11.1 The Town shall provide the Manager a severance payment (“Severance,” as defined below), if Manager’s employment is terminated by the Town without Cause, or by
the Manager for Good Reason, so long as the Manager executes the Severance, Waiver,
and Release of Claims Agreement described below. 11.2 The Town shall not be obligated to pay Severance if Manager’s employment is terminated for Cause, defined below in Section 12, or in the case that Manager resigns
voluntarily without Good Reason, as set forth in Section 13.
11.3 The Severance payment shall equal four (4) months’ Base Salary, at the Manager’s then-current rate of pay, and the cost of Insurance Benefits as described in Section 3.5, above, for the same four-month period.
11.3.1 Severance payments shall be subject to and conditioned upon the Manager’s execution of a Severance, Waiver, and Release of Claims Agreement, in a form substantially similar to that attached to this Agreement as Exhibit One.
11.3.2 The Severance payment shall be paid in a lump sum within twenty (20) days
after the expiration of all applicable consideration and revocation periods provided
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Town Manager Employment Agreement
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for in the Severance, Waiver, and Release of Claims Agreement.
11.3.3 The Severance payment shall be reduced by all taxes and other withholdings
required by law, and by the outstanding balance of any amount due and owing from the Manager to the Town. 11.3.4 Severance shall include reimbursement to Manager for his payment of
premiums necessary to maintain Insurance Benefits through COBRA or other
applicable laws or regulations providing continuation of coverage for four (4) months following the termination of his employment by the Town without Cause, or by the Manager for Good Reason.
12.0 TERMINATION FOR CAUSE WITHOUT SEVERANCE. This agreement may be
terminated for Cause, at any time, upon the vote of the majority of the Town Council. 12.1 For the purpose of this Agreement, “Cause” shall consist of:
12.1.1 Conduct by Manager which is fraudulent or dishonest, including the
Manager’s intentional failure to provide known information to the Town Council that is material to Town Council actions; or 12.1.2 Manager’s conduct that, if proven, would constitute a criminal offense
evidencing poor character or judgment, or moral turpitude, where Town Council
finds that there is reason to believe that such conduct occurred; or 12.1.3 Negligence, malfeasance, misfeasance, or nonfeasance in office; intentional or negligent violation of state or federal civil rights; or sexual harassment; or
12.1.4 Excessive use of alcohol or drugs, which renders Manager unfit or unable to perform his duties, as determined by the Town Council. 12.2 If the Town Council intends to consider termination of Manager’s employment for
Cause, the Town Council, at any time, upon the vote of the majority of such Council, shall
give Manager written notification stating the Cause for termination (“Notice of Termination for Cause”). If the Manager desires to question whether the matters stated in the Notice of Termination for Cause are accurate, or whether they constitute Cause, Manager shall have the right to do so on written notice (“Notice of Appeal”) to the Town
Council given within ten (10) days after his receipt of the Notice of Termination for Cause.
Upon receiving the Manager’s Notice of Appeal, the Town Council shall provide the Manager a hearing before the Council within 15 business days. Such hearing shall be conducted in accordance with rules of procedure reasonably established by the Town Council. The Town Council’s determination, which shall be delivered to the Manager
within five (5) business days of the Manager’s appeal hearing, shall be final and shall not
be subject to further review.
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Town Manager Employment Agreement
June 27, 2023
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12.3 If the Manager resigns upon notice from the Town Council that it is considering
terminating the Manager’s employment for Cause, Town Council, in its sole discretion,
may elect to treat such resignation as a termination for Good Reason, with Severance, in accordance with Section 10.2, above, or may elect to treat such resignation as a resignation without Good Reason in accordance with Section 13.0 below, in which case such resignation shall be effective immediately and Manager shall not be entitled to Severance.
13.0 RESIGNATION. As an at-will employee, if Manager voluntarily resigns Manager’s position with the Town in a manner not contemplated by Section 10, Manager shall strive to provide a minimum of forty-five (45) days written notice, unless the Parties otherwise agree. Upon the effective date of resignation, Manager shall be entitled to no further compensation or benefits
under this Agreement or otherwise, but will be compensated for accrued, but unused, Paid Time
Off in accordance with the Town of Avon Compensation and Benefits Programs, effective January 1, 2016, as may be amended from time to time. 14.0 ARBITRATION. Whenever a dispute arises with respect to this Agreement, or as to any
aspect of the Manager’s employment or the termination thereof, that the Parties are unable to
resolve through negotiation or other informal process, then, upon written demand of either Party, such dispute shall be submitted to binding arbitration conducted by the Judicial Arbiter Group, Inc. of Denver, Colorado, or its successor, or by such other arbitrator as the Parties may mutually select, pursuant to the rules and procedures determined by agreement of the Parties or, failing such
agreement, by the arbitrator. The arbitration hearing shall be held within sixty (60) days of
appointment of the arbitrator unless otherwise agreed by both Parties. Furthermore, each Party shall be entitled to one deposition. The Colorado Rules of Evidence shall not apply unless otherwise agreed by the Parties or determined by the arbitrator. Further, the arbitrator shall have discretion to determine whether any proffered evidence is sufficiently reliable and probative to be
admitted. The determination of the arbitrator shall be final and absolute. The award of the
arbitrator may be entered as a judgment in any court in the State of Colorado or elsewhere. If the Parties are unable to mutually agree on the selection of an arbitrator, then each Party shall select an arbitrator and the two arbitrators shall select a third arbitrator who shall make the determination, render final decisions, and issue an award. The Town shall bear the costs of any arbitration
proceeding, however the Town and the Manager shall each bear their own attorney’s fees.
The Parties intend this arbitration agreement to be a full and complete waiver of their rights to seek redress in any dispute between them related to the Manager’s Town employment from a court or before a jury.
15.0 INDEMNIFICATION. The Town shall defend, save harmless, and indemnify Manager against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other liabilities incurred by, imposed upon, or suffered by Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of an alleged act or omission
in the performance of Manager’s duties as Town Manager or resulting from the Manager’s exercise
of judgment or discretion in connection with his proper performance of duties or responsibilities
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Town Manager Employment Agreement
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on behalf of the Town, except to the extent the act, omission, or exercise involves the Manager’s reckless, willful, or wanton conduct; intentional misconduct; or, an act, omission or exercise that
meets the definition of Cause. Manager may request the Town to provide independent legal
representation acceptable to Manager at the Town’s reasonable expense and the Town shall not unreasonably withhold approval. Legal representation provided by the Town for Manager shall extend until a final determination of the legal action including any appeals brought by either party. Any settlement of any claim must be made with prior approval of the Town in order for
indemnification as provided in this Section to be available.
16.0 NOTICES. All written notifications contemplated in this Agreement shall be sent to the following addresses via U.S. Mail or nationally recognized overnight courier, provided that the Manager may amend the address for notification by providing written notice of such address
change:
If to the Town: If to Manager:
Mayor Town of Avon 100 Mikaela Way P.O. Box 975 Avon, CO 81620
Eric J. Heil P.O. Box 7436 Avon, CO 81620
With Copy to: Town Attorney
100 Mikaela Way
P.O. Box 975 Avon, CO 81620
_______________________________ _______________________________
_______________________________
_______________________________
17.0 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties as to the subject matter hereof and may not be changed orally, but only by written agreement signed by both Parties. 18.0 BINDING EFFECT. The Agreement shall be binding upon the Town and Manager and, as applicable, upon their heirs, personal representatives, successors, and authorized assigns. 19.0 ASSIGNMENT. The rights and obligations of this Agreement are personal in nature and shall not be assigned or otherwise conveyed by a Party without the prior written consent of the
other Party. 20.0 NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Manager, and nothing contained in this
Agreement shall give or allow any such claim or right of action by any third person to this Agreement. It is the expressed intention of the Town and Manager that any person other than the Town or Manager receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only.
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Town Manager Employment Agreement
June 27, 2023
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21.0 SEVERABILITY. The validity or partial invalidity of any provision of this Agreement
will not affect the validity of any other provision. In the event that any provision of this Agreement
is held to be invalid, the Parties shall negotiate and diligently seek to reach agreement regarding the intent of the Parties concerning any such invalid provision. Accordingly, if any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to remain in full force and effect.
22.0 INDEPENDENT LEGAL ADVICE. The Manager acknowledges that the Town has advised him to obtain independent legal advice with respect to entering into this Agreement, and that he has obtained such independent legal advice to the extent he deemed appropriate. Manager further acknowledges that he is entering into this Agreement with full knowledge of the contents
hereof, of the Manager’s own free will, and with full capacity and authority to do so.
23.0 ARTICLE X, SECTION 20/TABOR. The Parties acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and
agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation
within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available in accordance with the rules, regulations, and resolutions of the Town of Avon, and other applicable law. Upon the Town’s failure to appropriate such funds, this Agreement shall be deemed terminated and the Manager shall be deemed terminated without Cause, unless such action is the result of a prior termination for Cause pursuant to Section 12.
24.0 COUNTERPART EXECUTION. This Agreement may be executed by the Parties in counterparts, which, together, shall form a single document.
Signature Page Follows The Town of Avon, evidenced by the signature of its authorized representative, has read and considered this Town Manager Employment Agreement, understands its terms and conditions, and hereby agrees to employ Eric J. Heil as Avon Town Manager on the terms and conditions set forth
herein.
TOWN OF AVON, COLORADO
BY:_____________________________________ _________________
Amy Phillips, Mayor Date
ATTACHMENT A: Town Manager Employment Agreement
Town Manager Employment Agreement
June 27, 2023
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ATTEST:________________________________ _________________
Miguel Jauregui Casanueva, Town Clerk Date APPROVED AS TO FORM:
________________________________________ Paul Wisor
Eric J. Heil, as evidenced by his signature below, has read and considered this Town Manager
Employment Agreement, understands its terms and conditions, and hereby agrees to serve as Avon Town Manager on the terms and conditions set forth herein.
Signature Date
ATTACHMENT A: Town Manager Employment Agreement
Town Manager Employment Agreement
June 27, 2023
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TOWN OF AVON TOWN MANAGER EMPLOYMENT AGREEMENT
EXHIBIT ONE: Form of Severance, Waiver, and Release of Claims Agreement
ATTACHMENT A: Town Manager Employment Agreement
Town Manager Employment Agreement
June 27, 2023
Page 11 of 16
TOWN of AVON, COLORADO SEVERANCE, WAIVER & RELEASE OF CLAIMS AGREEMENT
THIS DOCUMENT IS INTENDED AS AN EXAMPLE ONLY AND DOES NOT CONSTITUTE A CURRENT OFFER OF SEVERANCE FROM THE TOWN OF AVON TO THE TOWN MANAGER.
This Severance, Waiver, and Release of Claims Agreement (the “Agreement”) is entered into by and between the undersigned Town Manager, Eric J. Heil (“You”) and the Town of Avon, Colorado, and its respective elected officials, employees, agents, representatives, attorneys, and
insurers (collectively the “Town”). You and the Town will be referred to collectively as the
“Parties.” 1. Your employment with the Town will conclude on , 20 (the “Separation Date”), irrespective of the date upon which You
execute this Agreement.
2. By your signature below, You acknowledge and agree that, as of the Separation Date, You were paid all wages or salary, all accrued unused vacation time, characterized by the Town as Paid Time Off, and any other compensation due and owing to You through the Separation
Date, less the applicable tax or other deductions required by law, or deductions authorized by You
in writing. 3. By your signature below, You agree that You have returned or, within seven (7) days of the Separation Date, will return all the Town property, including all copies of Town
documents, which You have had in Your possession, custody, or control at any time through the
end of Your employment. Town property includes, but is not limited to, Town files, notes, records, financial information, computer hardware, cellular phones, credit cards, entry cards, identification badges, keys, and any tangible property or materials of any kind that contain any Town proprietary or confidential information. You further agree to return all relevant proprietary information related
to the Town that is currently loaded on any hard drive, flash drive, lap top, compact disc, or other
electronic medium in your control and You shall not maintain copies of such information after returning it to the Town. 4. If You execute this Agreement, and do not revoke it, the Town agrees to pay the
“Separation Benefit,” consisting of:
(a) A single, lump sum payment in the amount of Dollars ($ ), which is equivalent to four (4) months’ compensation at your regular rate of pay, less all
applicable deductions and local, state, and federal taxes. If You execute this Agreement and do
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Town Manager Employment Agreement
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not revoke your execution, this amount will be paid to You within twenty (20) days after the expiration of the revocation period provided for in this Agreement.
(b) Reimbursement of amounts You pay to continue your Insurance Benefits for a period of four (4) months following the Separation Date. The Town will issue this reimbursement to You within thirty (30) days of receiving reasonable evidence that You paid the required monthly premium.
5. Should You make a claim for unemployment insurance benefits, the Town will not contest or oppose any award of such benefits, but will accurately respond to inquiries submitted to the Town by the Colorado Department of Labor and Employment.
6. Other than the continuation of health insurance benefits under COBRA, as of the
Separation Date, You shall not be eligible to participate in any of the Town’s health benefit plans, including, but not limited to, any plans or programs of medical, dental, or vision insurance. Likewise, as of your Separation Date, You shall not be eligible to participate in the Town’s other employee benefit plans. Nothing in this Section shall prevent You from participating in a COBRA
continuation coverage program or any similar state medical and dental insurance continuation
coverage program (“COBRA continuation coverage”). 7. YOU SHALL BE RESPONSIBLE FOR TIMELY ELECTION OF COBRA CONTINUATION COVERAGE AND FOR ALL COBRA CONTINUATION COVERAGE
PAYMENTS. YOUR FAILURE TO TIMELY ELECT COBRA CONTINUATION COVERAGE OR TO TIMELY REMIT COBRA CONTINUATION COVERAGE PREMIUMS SHALL CAUSE AN IMMEDIATE LOSS OF YOUR COBRA CONTINUATION COVERAGE WITHOUT FURTHER NOTICE.
8. You agree that You desire to receive the Separation Benefit, and that the amount
offered to You is above and beyond that to which You would otherwise be entitled. You further acknowledge that: your decision to release the Town is entirely voluntary; You have not been pressured into accepting the Separation Benefit; and You have enough information about the Separation Benefit to decide whether to execute this Agreement. If, for any reason, You believe
that your acceptance of the Separation Benefit is not entirely voluntary, or if You believe that You
do not have enough information, then You should not execute this Agreement. 9. You acknowledge that You have read and that You understand this Agreement.
10. You agree that, to the maximum extent permitted by applicable law, by executing
this Agreement, You hereby covenant not to institute any legal or administrative proceeding against the Town and are fully, finally and forever releasing any and all claims that You have or may have against the Town, to the maximum extent permitted by law, as follows:
(a) You agree that by executing this Agreement, You intend to release and
forever discharge, and in fact release and forever discharge, the Town and its past and present
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Town Manager Employment Agreement
June 27, 2023
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trustees, officers, agents, insurers, attorneys, assigns, and other representatives of any kind (collectively the “Released Parties”) from any and all claims, demands, rights, liabilities, and
causes of action of any kind or nature, known or unknown, arising prior to or through the date that
You execute this Agreement; and (b) You agree that your release includes, but is not limited to any and all claims, demands, rights, liabilities and causes of action arising or having arisen out of or in connection
with your employment or termination of employment with the Town; and
(c) With the exception of claims for the Separation Benefit payable to You and claims for any unemployment benefits to which You may be entitled, by your signature below, You intend to and do release and waive any claim or right to further compensation, benefits,
damages, penalties, attorneys' fees, costs, or expenses of any kind from the Town; and
(d) This release specifically includes, but is not limited to, a release of any and all claims pursuant to:
(i) state or federal wage payment laws;
(ii) the Colorado Anti-Discrimination Act; (iii) Title VII of the Civil Rights Act of 1964;
(iv) the Rehabilitation Act of 1973; (v) the Reconstruction Era Civil Rights Acts, 42 U.S.C. §§ 1981-1988;
(vi) the Civil Rights Act of 1991;
(vii) the Americans with Disabilities Act & the Americans with Disabilities Amendments Act of 2008;
(viii) Executive Order 11246;
(ix) the Family Medical Leave Act of 1993 and any other state or federal family and/or medical leave acts;
(x) the Consolidated Omnibus Budget Reconciliation Act of 1985;
(xi) the Uniformed Services Employment and Reemployment Rights Act; (xii) the Genetic Information Nondiscrimination Act of 2008;
(xiii) the Employee Retirement Income Security Act of 1974; and
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(xiv) any other federal, state or local laws or regulations of any kind,
whether statutory or decisional. This release also includes, but is not limited to, a release of any
claims for wrongful termination, personal injury, breach of contract, defamation, misrepresentation, violation of public policy or invasion of privacy, and tortious interference with contract. This release covers claims that You know about as well as those You may not know about; and
(e) To the extent allowed by applicable statutory and regulatory law, the release contained in the preceding paragraph includes a waiver of rights and claims which You may have arising under the federal Age Discrimination in Employment Act of 1967 (Title 29, United States Code, 621 et seq.) (the “ADEA”). Pursuant to the Older Workers
Benefit Protection Act (Public Law 101-433; 1990 S. 1511), You acknowledge that this release is intended to apply to, and You expressly agree that it shall be effective as a waiver of, rights and claims arising under the ADEA; and (f) This release does not include any claims that cannot be released or
waived by law. Nothing in this Agreement is intended to limit, restrict or interfere with your right to engage in any protected activity under the National Labor Relations Act. Further, by executing this Agreement, You do not waive rights and claims that may arise subsequent to the execution of this Agreement. Execution of this Agreement does not affect your ability to participate in an investigation or proceeding conducted by the Equal Employment
Opportunity Commission, the Colorado Civil Rights Division, or a comparable local agency. However, notwithstanding the foregoing, You agree to waive your right to recover monetary damages in any amount awarded in any charge, complaint, or lawsuit filed by You or by anyone else on your behalf; and
(g) You agree that this Agreement is intended to be interpreted in the broadest
possible manner in favor of the Town, to include all actual or potential legal claims that You may have against the Town, except as specifically provided otherwise in this Agreement; and (h) You further agree that You have not experienced any illness, injury, or
disability compensable or recoverable under the worker’s compensation laws of the State of
Colorado that You have not reported to the Town and You agree that You will not file a worker’s compensation claim asserting the existence of any such illness, injury, or disability; and (i) You agree that You have been and are hereby advised by The Town to
consult with an attorney prior to executing this Agreement. 11. You agree that the Separation Benefit that You are accepting by signing this Agreement has value to you. You agree that You would not be entitled to the Separation Benefit without signing this Agreement. You acknowledge that You will receive the Separation Benefit
in exchange for the benefit You are providing to the Town and the Released Parties by signing this
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Agreement. You also acknowledge and agree that the Town will withhold from the Separation Benefit all applicable deductions and federal, state and local taxes.
12. You agree that the Separation Benefit is the only benefit You are to receive by signing this Agreement, and that in signing this Agreement You did not rely on any information, oral or written, from anyone, including your supervisor, other than the information contained in this Agreement.
13. You represent that You have not previously assigned or transferred any of the legal rights and claims that You have waived by signing this Agreement. You agree that this Agreement also binds all persons who might assert a legal right or claim on your behalf, such as your heirs, personal representatives, and assigns.
14. You agree not to disparage the Town, its trustees, officers, employees, agents, or reputation. 15. This Agreement may be executed in multiple counterparts, each of which shall be
an original, but all of which shall be deemed to constitute one instrument.
16. You agree that: (a) this Agreement constitutes the entire agreement between You and the Town regarding its subject matter, without regard to any other oral or written information that You may have received about this Agreement; (b) if any part of this Agreement is declared to
be unenforceable, all other provisions of this Agreement shall remain enforceable; and (c) this
Agreement shall be governed by federal law and by the laws of the State of Colorado, irrespective of the choice of law rules of any jurisdiction. 17. You also agree that to the extent You are bound by a proprietary information
agreement or confidentiality agreement, those agreements are not released hereby.
18. You have up to twenty-one (21) days after You receive this Agreement to consider whether to execute this Agreement (the “Deliberation Period”). During the Deliberation Period, You should consult with an attorney of your choosing and consider whether You wish to sign this
Agreement. You agree that, after You have signed and delivered this Agreement to the Town, this
Agreement will not be effective or enforceable until the end of a seven (7) day revocation period beginning the day that You deliver this Agreement to the Town (the “Revocation Period”). You understand that You will not receive the Separation Benefit as applicable until the Revocation Period has expired. During the Revocation Period, You may revoke this Agreement without
condition and in your sole judgment, but You may do so only by delivering a written statement of
revocation to the Town. If the Town does not receive a written revocation notice by the end of the Revocation Period, this Agreement will become legally enforceable and You may not thereafter revoke this Agreement.
Remainder of page intentionally blank; signature page follows
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Town Manager Employment Agreement
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By signing below You: (a) acknowledge that You have read and understand this Agreement; (b) understand that it is a legally binding document that may affect your legal rights;
and (c) have been advised to consult a lawyer of your choosing before signing this Agreement and
have had an opportunity to do so to the extent you deem appropriate. ERIC J. HEIL
Signature:
Date:
The Town of Avon, evidenced by the signature of its authorized representative, has read and
considered this Town Manager Severance, Waiver, and Release of Claims Agreement,
understands its terms and conditions, and hereby agrees to these terms and conditions with respect to the departure from employment of Eric J. Heil as Avon Town Manager on the terms and conditions set forth herein.
TOWN OF AVON, COLORADO
BY:
, Mayor Date
ATTEST:
, Town Clerk Date
ATTACHMENT A: Town Manager Employment Agreement
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 13, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
1. CALL TO ORDER AND ROLL CALL
Video Start Time: 00:08:32
The meeting was hosted in a Hybrid format, in person at Avon Town Hall and virtually through
Zoom.us. Mayor Amy Phillips called the June 13, 2023 Council regular meeting to order at 5:09 p.m.
A roll call was taken, and present were Councilors Chico Thuon, RJ Andrade, Lindsay Hardy, Ruth
Stanley, and Mayor Pro Tem Underwood and Mayor Phillips. Councilor Rich Carroll was absent at
roll call and joined the meeting at 5:20 p.m. Also present were Town Manager Eric Heil, Deputy
Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke
de Jong, Deputy Town Clerk Brenda Torres, Chief of Police Greg Daly, Public Works Director Eva
Wilson, and Senior Planner Jena Skinner.
2. APPROVAL OF AGENDA
Video Start Time: 00:09:02
Mayor Phillips initiated the meeting with the Agenda approval process. Without deliberations or
changes, Mayor Pro Tem Underwood moved to approve the Agenda presented. Councilor Andrade
seconded the motion. It was approved with a 6-0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:10:28
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were
disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:10:43
Mayor Phillips explained that public comment can be made by participating in the meeting in
person, online via Zoom, by telephone, or by email. She then clarified that the public comment
section is intended for items not listed in the Agenda, and participation by members of the public
is limited to 3 minutes. She asked if there was any public comment from those present in the room
or virtually through Zoom and none was made.
5. BUSINESS ITEMS
5.1. PRESENTATION: ANNUAL POLICE REPORT AND ANNUAL POLICE AWARDS (CHIEF OF POLICE
GREG DALY)
Video Start Time: 00:11:25
Avon Police Chief Greg Daly delivered his presentation related to the Annual Police Report
and Awards. He mentioned the Awards recognize staff and community members who have
made exceptional and valiant contributions to the Town of Avon and the Report includes a
brief department overview, statistics, highlights, and staffing changes. Council thanked him
for the presentation and expressed gratitude to the members of the Avon Police
Department.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 13, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
Councilor Carroll joined the meeting in person at 5:20 p.m.
5.2. PRESENTATION: FACIAL RECOGNITION ACCOUNTABILITY REPORT (CHIEF OF POLICE GREG
DALY)
Video Start Time: 00:55:59
Avon Police Chief Greg Daly delivered his Facial Recognition Accountability Report. He gave
an update of the status of legislative requirements which included initial notice of intent,
three public meetings, and public comment on Avon’s website. He noted this is the last step
in the process and there was extensive digital advertising in English and Spanish and he
received few negative comments and mostly positive feedback during outreach efforts.
Mayor Phillips asked for public comment and there was no public comment made in person
nor on Zoom.
Mayor Pro Tem Underwood presented a motion to approve Avon Police Department’s use
of facial recognition/facial identification services, as a crime solving tool, in the
understanding that the Avon Police Department will ensure legal use, adherence to policy
and proper training, including production of a biannual accountability report, as required
by law. Councilor Hardy seconded that motion. It was approved with a 7-0 unanimous vote.
5.3. FIRST READING ORDINANCE 23-02: REFERRING THE ESTABLISHMENT OF A DOWNTOWN
DEVELOPMENT AUTHORITY TO A SPECIAL ELECTION AND AMENDING THE AVON
MUNICIPAL CODE TO ADOPT TITLE 4 – AVON DOWNTOWN DEVELOPMENT AUTHORITY
(TOWN MANAGER ERIC HEIL)
Video Start Time: 01:04:35
Town Manager Eric Heil delivered a presentation on the formation of a Downtown
Development Authority (DDA) and provided its general overview and financial
considerations. Town Attorney Karl Hanlon explained the composition of eligible electors,
which includes registered voters, property owners, and business lessees within the
proposed DDA boundary. He clarified that if one person owns multiple properties within
the boundary, that person may only cast one vote. He explained the Fair Campaign Act to
Councilors.
Mayor Phillips asked for public comment and Doug Jimenez, a resident of Avon, took the
podium to express support for the DDA. He stated he is a commercial property manager
and is excited about the 50% allocation to workforce housing and potential future parking
structure. No other public comment was made in person nor on Zoom.
Kristin Kenney Williams, DDA Consultant for the Town of Avon was present and took the
podium to update Councilors on her community outreach strategies and efforts. She noted
the top two matters that have come up in outreach are understanding voter eligibility and
support for the DDA’s primary purpose to build Community Housing.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 13, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
Ms. Williams invited those eligible among the public to respond to the Avon Employer
Workforce Housing Questionnaire online at avon.org and mentioned the results will be
included in the DDA Plan. Town Manager Eric Heil noted the deadline to participate in the
questionnaire will be mid-July to present the results in the July 25th Council Meeting.
Deliberations included Mayor Pro Tem Underwood’s request for an amendment of the DDA
Plan, in section 6.1, to read: “at least” 50% of the funding of the DDA revenues over the life
of the DDA shall be allocated to support the development of new Community Housing.
With no further discussion, Councilor Carroll presented a motion to approve the first
reading of Ordinance No. 23-02. Councilor Stanley seconded the motion. It was approved
with a 7-0 unanimous vote.
5.4. PUBLIC HEARING: LOT 3, MOUNTAIN VISTA RESORT CONSIDERATION OF MAJOR
DEVELOPMENT PLAN AND DEVELOPMENT BONUS (SENIOR PLANNER JENA SKINNER)
Video Start Time: 02:09:34
Senior Planner Jena Skinner delivered a presentation related to the Lot 3 Development
Bonus for Mountain Vista Resort. She was joined by Stonebridge Development Director
Mark Lionberger and Project Architect Benton Grismer who spoke of the project’s design,
goals, and challenges in greater detail. Public Works Director Eva Wilson spoke of the
development’s traffic impact on surrounding areas.
Deliberations included a compliment on the development plan’s design by Councilor Hardy.
Councilors Stanley, Andrade and Thuon, and Mayor Pro Tem Underwood raised concerns
about the parking plan and valet operations, which the Town Manager addressed. Councilor
Carroll inquired on lighting and “nuisance” lighting. Mayor Phillips inquired on ADA
compliance of the pedestrian path.
As part of the public hearing, Mayor Phillips asked for public comment and Robert Tartre,
president of the Lodge at Avon homeowners association, took the podium in support of the
development, highlighting his interest in ensuring that ingress and egress for Lodge at Avon
is carefully preserved. No other public comment was made in person nor on Zoom.
Mayor Pro Tem Underwood expressed her discomfort in approving the development plan
as proposed and disclosed a list of items and conditions for staff review and amendment of
development materials before coming back to Council. She then made a motion to continue
this Public Hearing to the Council Meeting dated June 27th, 2023. Councilor Thuon seconded
the motion. It was approved with a 7-0 unanimous vote.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 13, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
5.5. WORK SESSION: CONSTRUCTION MATERIALS USE TAX & MARIJUANA TAX (TOWN
MANAGER ERIC HEIL)
Video Start Time: 03:55:29
Town Manager Eric Heil requested that Councilors delay deliberations around this business
item until after they review Business Item 5.6. and then come back to 5.5, as he needed to
step away from the room for a moment.
5.6. FINDINGS OF FACT AND RECORD OF DECISION SUB23001 HIDDEN VALLEY ESTATES
COMMUNITY HOUSING PROJECT (SENIOR PLANNER JENA SKINNER)
Video Start Time: 03:55:43
Senior Planner Jena Skinner delivered her presentation on findings of fact and record.
Mayor Pro Tem Underwood clarified that Council is not amending the terms of the
Development Agreement and simply finalizing it. She then made a motion to approve the
findings of fact and record of decision SUB23001 Hidden Valley Estates Community Housing
Project. Councilor Carroll seconded the motion. It was approved with a 5-0 of those present,
with Councilors Hardy and Stanley stepping out of the Council Meeting prior to the vote.
Councilors Thuon, Hardy and Stanley stepped out of the Council Meeting for a break during
Business Item 5.6. Mayor Phillips declared a five-minute recess. After the 5-minute recess, at
approximately 9 p.m., Council reconvened with all 7 Councilors present and accounted for.
5.5. WORK SESSION: CONSTRUCTION MATERIALS USE TAX & MARIJUANA TAX (TOWN
MANAGER ERIC HEIL)
Video Start Time: 03:59:54
Town Manager Eric Heil delivered his presentation and noted past voter survey results in
support of these taxes. He added he would like to present to Council a first reading of an
ordinance in July to potentially submit these questions to a vote on the November ballot,
and mentioned materials are ready to start community outreach and education. After
deliberations, Council’s unanimous direction supported the recommendation of Town
Manager Heil to present the first reading of an ordinance at the July 25th Council Meeting.
6. MINUTES
6.1. APPROVAL OF MAY 23, 2023 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK MIGUEL
JAUREGUI CASANUEVA)
Video Start Time: 04:13:39
With no discussion or correction, Councilor Thuon moved to approve the Minutes from May
23, 2023, as presented. Councilor Stanley seconded the motion. They were approved with
a 6-0 vote, with an abstention from Councilor Carroll who was not present at that meeting.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 13, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
7. WRITTEN REPORTS
7.1. Planning & Zoning Commission June 6 Abstract (Planner 1+ Max Morgan)
7.2. Avon Police Department Disposition on Forfeited Properties for 2022 (Chief of Police Greg
Daly)
7.3. 2023 Recycling Award for Outstanding Outreach (Sustainability Coordinator Charlotte Lin)
7.4. Website Analytics (Communications & Marketing Manager Liz Wood)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 04:14:18
Councilor Hardy provided an update on her attendance at the Colorado Communities for Climate
Action meeting and noted the impact of Sustainability Coordinators Charlotte Lin and Sarah Smith-
Hymes. She then highlighted that the Pride in the Park Event at Nottingham Park was incredible
and tasteful, and she is looking forward to Battle of the Bands tomorrow.
Councilor Stanley shared her concern that roadworks affect roundabout 4 and turn it into a one
lane. She added the risk to cyclists on West Beaver Creek Boulevard due to a narrow lane. Town
Manager Eric Heil noted her concern and added staff will explore options to improve the bike lane
in the 2024 Capital Improvement Plan.
Mayor Phillips provided an update on her attendance at the 2023 Colorado Creative Industries
Summit. She too agreed that the Pride in the Park Event at Nottingham Park was a success and
there was nothing inappropriate for families and children.
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the regular
meeting. The time was 9:31 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, Deputy Town Clerk
APPROVED:
Mayor Amy Phillips ___________________________________
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 13, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
Tamra Underwood
RJ Andrade
Lindsay Hardy
Ruth Stanley
Chico Thuon
Rich Carroll
CASE COMMITTEE MEETING MINUTES THURSDAY, MAY 18, 2023 IN PERSON AT THE AVON PERFORMANCE PAVILION IN THE GREEN ROOM
CASE COMMITTEE MEETING MINUTES, 18 MAY 2023 PAGE 1 | 4
1. ROLL CALL
Present: Committee Member Calyn Rieger, Doug Jimenez, Justin Chesney, Pedro Campos, Danielle McNair,
Committee Chair Lisa Mattis and Town Council Member Ruth Stanley
Staff: Culture, Arts & Special Events Manager Danita Dempsey, and Special Events Coordinator Chelsea Van
Winkle
Absent: Town Council Member Lindsay Hardy and Committee Member Thomas Walsh
The meeting was called to order at 12:37 p.m.
2. PUBLIC COMMENT
No public comments were made.
3. MINUTES
Committee Chair Lisa Mattis motioned to approve the minutes from April 13, 2023. Committee Member Calyn Rieger
seconded the motion and it passed unanimously.
4. CASE VOTING: CHAIR AND CO-CHAIR
CASE Manager Dempsey directed the voting for a new chair and co-chair for the CASE. She then explained the role of the
chair is to set the agenda as well as to guide the meetings. She then reviewed the top nominations for chair and co-chair
and read them to the group. Two votes for Pedro Camps, two votes for Doug Jimenez, and two votes Justin Chesney for
Chair. Justin Chesney had the most votes for co-chair at three.
Candidates were then asked to speak about their nomination and reasons why or why not they would like to chair or co-
chair the committee:
A. Pedro Campos stated he would love to do it, but he is of the old guard, and is nervous about the time commitment
due to his other arrangement and boards he is on. He continued to say there may be virtue in someone else. He
finished explaining that the CASE Committee is near and dear to him, but he does not think it is the right thing for
him to take the chair role on.
B. Justin Chesney then spoke and stated he is also on the Board of Mountain Pride, but he does not foresee issues
with not being able to make a meeting. He asked what the process is for pre-meeting prior to the Committee
meetings. He also said that he is happy to continue to fulfill his role as co-chair or happy to step up and be chair.
C. Doug Jimenez spoke and said how incredible Lisa Mattis has been as the chair and thanked her for her time. He
stated that he was flattered about being named chair and that anyone on the committee who is selected will be the
right candidate as everyone is in the same job of making Avon better. He continued saying he would love to be
chair as the committee is headed in the right direction but needs someone who can bring clarity to the ideas,
manage the ideas, and make everyone feel safer in the decisions we are making.
The Committee commented/inquired:
A. Thinking about the work in the next two years and what the role will be after meeting with council. As well as what
the challenges will be in the next two years.
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CASE COMMITTEE MEETING MINUTES, 18 MAY 2023 PAGE 2 | 4
B. The chair needs to be able to drive what Danita and her team need to drive. Is the person prepared to drive it? This
is what we said we would do, and this is what we need to move forward with. I think the next phase is a hard lift.
C. What they are trying to launch in 2024 is a rollercoaster and it takes a while to grow.
D. What is it that you (Danita) need for the next two years?
well, Manager Dempsey explained that it is rare we have a pre-meeting prior to the Committee meeting but what Lisa does
well is ask me “…what my desired outcome…”? That being said, with the new chair in place there will likely be a need for a
few meetings.
CASE Manager Dempsey stated, when we start to think about when terms are ending in January, the next round there is
going to be a shift to bring in more experience in culture, art, and heritage side of things. Our events centered around
“music” feel nearly developed and we need to begin a conversation about culture and heritage. Also, it is likely we will
release an RFP for the ticketed events for 2024.
CASE Manager Dempsey said she appreciates the ability of the CASE Committee to carry messages forward about staffing
and that we have a vision in place and now we need the budget and policy to make it happen.
VOTE
CASE Manager Dempsey read off all member votes for chair, Pedro Campos – 2, Doug Jimenez – 2, Calyn Rieger - 1, and
Justin Chesney - 2. She then read all co-chair votes Danielle McNair - 1, Calyn Rieger - 1, Thomas Walsh – 1, and Justin
Chesney – 3.
Votes for Chair
A. Doug Jimenez: Chair – Doug / Co-chair – Justin
B. Pedro Campos: Chair – Doug / Co-chair – Justin
C. Justin Chesney: Chair – Doug / Co-chair – Justin
D. Calyn Rieger: Chair – Doug / Co-chair – Justin
E. Lisa Mattis: Chair – Doug / Co-chair – Justin
F. Danielle McNair: Chair – Doug / Co-chair – Justin
Unanimously, Doug Jimenez was voted as the chair and Justin Chesney as the co-chair.
Pedro Campos wrapped up the conversation stating that the committee has come a really long way, we are light years away
from where we started. There are a ton of accomplishments, I am really excited for the future. Seeing all the progress we
have made has given me conviction to keep going.
5. STAFF UPDATE
CASE Manager Dempsey then went into the committee packet (available at Avon.org).
The Town Clean Up and Sustainability Fair was a rebrand and expansion of the Town Clean Up and is next Wednesday.
This event was the only budget amendment.
We had a nice savings in Winter Fireworks from fencing and sound. This is the last year in a 3-year agreement with
Western Enterprises therefore, we will need to release an RFP in 2024. Our fireworks contract, at $45,000, is no longer
CASE COMMITTEE MEETING MINUTES THURSDAY, MAY 18, 2023 IN PERSON AT THE AVON PERFORMANCE PAVILION IN THE GREEN ROOM
CASE COMMITTEE MEETING MINUTES, 18 MAY 2023 PAGE 3 | 4
going to give us the same level of fireworks display, as it has done in the past and she anticipates a significant increase in
fireworks 30-40% if the same level of program is desired
CASE Manager Dempsey explained that she anticipates our revenue is going to come in higher than we budgeted due to
private rentals, bars, and vendors.
Art Around Avon is back and the biggest piece is that Checkmate will be moving back to Roundabout #4.
Post event reports were attached for Winter Fireworks, Egg Hunt, and Ultimate Après Avon in the committee packet
(available at Avon.org). She stated that Ultimate Après Avon had a decrease in attendees, and revenue, that Avon, and the
producer decided the event will not continue next year.
2023 Special Event Calendar
CASE Manager Dempsey then went through the events calendar which is included in the committee packet (available at
Avon.org).
She explained that the team switched things up a little with some of the bands at SunsetLIVE!. New this year is Battle of the
Bands on June 14th, and everyone will get to vote for their favorite Eagle County band. Triple Bypass and Salute to the USA
takes all hands-on deck for Town of Avon staff. We signed a three-year agreement with Triple Bypass and Team Evergreen.
Avon Arts Celebration changed to just one weekend over two days and will have alcohol sales. Vail Valley Brew Au’ has a
new producer and they are doing really well planning this year. XTERRA switched weekends to the end of August and
stated that when it comes to budgeting for 2024, she anticipates XTERRA may ask for cash support.
For Summer’s End, we did not get the talent budget we wanted. It was significantly decreased so it is a local band with a
long set. She stated that she thinks this year’s concert will help us determine what happens in 2024 if it is not meaningful
enough over a holiday weekend through the data we collect. We also pulled apart Paddle Battles from Summer’s End and
are marketing them separately and together in hopes of having a better turn out with different marketing strategies.
For 2024, we have the luxury of being able to target some dates. There is opportunity but we must free up a weekend and
make difficult decisions about what we want. This may lead to less volume but more strategic events.
Lakeside Cinema we put more money into it with free popcorn and advertising to get more people so if it is not meaningful
we may recommend cutting it next year.
The Committee commented/inquired:
A. Triple Bypass is incredible and takes 19 Avon PD.
B. I gained a different appreciation from riding in Triple Bypass. There are people from in, and out of the state, the
exposure we get is amazing.
C. If XTERRA asked for $50,000, would you be in favor of that?
D. XTERRA ties Avon and Beaver Creek together, which is hard to do and is fantastic.
E. When is Best of the West slotted?
F. I ended up attending the Gerald Ford Amphitheater Saturday April show and I was really surprised at how well
attended and successful that was. They defied the odds with the genre of music so could be something we
considered.
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CASE COMMITTEE MEETING MINUTES, 18 MAY 2023 PAGE 4 | 4
G. What do you think about the value of Man of the Cliff?
i) We always talked about the potential, and it is so unique, but it never seems to grow. There is an Axe Throwing
establishment so you would think they would be able to grow and evolve.
ii) It needs a significant investment in marketing, especially marketing in Denver to bring that crowd in.
iii) It needs to evolve or if not, maybe it needs to go away. It rounds out our calendar at the end, but it is always
risky with the weather. Maybe it is okay the way it is because it is not on a prime weekend or season. I do think
the local crowd appreciates it.
iv) I campaigned at it last year and a lot of people were from out of town.
v) Feedback I have heard that people really enjoy it and like it on the calendar.
vi) This event could be one where we provide less of an investment from the Town.
vii) Personally, it is one of my favorites.
H. There is enough business for weddings to go around. This is a great place to host a wedding, you could require
them to have a day of coordinator to help alleviate the time commitment for yourselves.
CASE Manager Dempsey said for XTERRA they would have to tie it to metrics for us to fund in cash. She continued that
Best of the West is slotted for the third weekend of June. For Man of the Cliff, we currently give them roughly $10,000 in
cash and $6,000 in in-kind. She agreed it is unique and loves it on the calendar, but it is stale.
Events Coordinator Van Winkle talked about private rentals and how the team has been inundated with requests and
bookings. Rentals are becoming hard for the team to manage as private groups require a lot of help.
CASE Manager Dempsey spoke about wanting to ensure we are having connections with private groups, but it is tasking for
our small team.
6. CLOSING COMMENTS
A committee member acknowledged that there is great interest in a skate park in our old town hall site and that there are
also a lot of event repercussions if it goes there.
Another member responded and said, in Winter Park there is a skate park next to their events and I did not feel like it would
deter from the experience. The other side is, if you have kids that do not want to come to the events, now they may come.
CASE Manager Dempsey explained that P & Z is the forum to offer your comments about the Skate Plaza location.
7. ADJOURNMENT
The meeting was adjourned at 2:21 p.m.
Respectfully submitted by:
Chelsea Van Winkle
Special Events Coordinator
970-748-4044 dstockdale@avon.org
TO: Honorable Mayor Amy Philips and Council Members
FROM: Dean Stockdale, Senior Accountant
RE: Financial Report – April 2023 & May 2023 data
DATE: June 19th, 2023
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and
short-term rental tax for April 2023 and the recreation fees and real estate transfer tax revenues for May
2023.
BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of
this report in respect to each individual section for April and May revenues in 2023. Tax revenues are not
budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a
3-year average of actual revenues.
REVENUE ANALYSIS:
Sales Tax: Revenues – April 2023: April sales tax revenues totaled $676,047. This is an increase of $57,372 or 9.27% compared to April 2022 sales tax revenue of $618,675.
APRIL 2022 v APRIL 2023 SALES TAX COMPARISON BY INDUSTRY
April 2022 April 2023 Increase/Decrease
Home/Garden $74,356.59 $71,538.09 ($2,818.50)
Grocery/Specialty/Health $156,670.43 $171,254.83 $14,584.40
Sporting Goods Retail/Rental $39,230.02 $53,535.67 $14,305.65
Miscellaneous Retail $22,656.40 $21,062.69 ($1,593.71)
Accommodations $86,114.93 $82,598.46 ($3,516.47)
Restaurants/Bars $115,781.24 $134,806.31 $19,025.07
Other $8,685.35 $13,839.60 $5,154.25
Service Related $21,137.99 $26,441.78 $5,303.79
Liquor Stores $19,458.88 $11,880.10 ($7,578.78)
E-Commerce Retail $35,136.29 $39,657.01 $4,520.72
Manufacturing/Wholesale $5,740.21 $6,141.43 $401.22
Construction Related Services $27,107.04 $35,969.52 $8,862.48
Digital Media Suppliers/Sellers $5,664.27 $5,883.56 $219.29
Commercial/Industrial Equipment $618.90 $976.92 $358.02
Special Events $316.61 $461.60 $144.99
TOTAL $618,675.15 $676,047.57 $57,372.42
Sales Tax: April 2023 Budget v Actual Collections: April 2023 sales tax revenues totaled $676,047.
This is an increase of $84,150 over the April 2023 estimates of $591,897. This is 14.22% above the
adopted 2023 budget (based on a 3-year average).
Page 2 of 9
APRIL 2023 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2023 Budget 2023 Actual Dollar Variance Percentage Variance
April $591,897.21 $676,047.57 $84,150.36 14.22%
424,685.32 349,189.52 591,350.43 618,675.15 $676,047.57 -17.78%
69.35%
4.62%
9.27%
$300,000
$350,000
$400,000
$450,000
$500,000
$550,000
$600,000
$650,000
$700,000
2019 2020 2021 2022 2023
2019-2023 April Sales Tax Revenue Trend
Page 3 of 9
Accommodation Tax: Revenues – April 2023: Accommodation tax revenues totaled $90,542 for the
month of April. This is a decrease of $1,267 or 1.38% compared to April 2022 accommodation tax
revenues, which totaled $91,809. Accommodation tax collections by industry type for April 2023 compared
to April 2022 reported an increase for Hotels while Vacation Rentals and Timeshares were down.
APRIL 2022 v APRIL 2023 ACCOMMODATION TAX COMPARISON BY INDUSTRY
April 2022 April 2023 Increase/(Decrease)
Timeshares $33,224.09 $18,356.22 ($14,867.87)
Hotels $19,081.81 $38,756.02 $19,674.21
Vacation Rentals $39,504.07 $33,430.29 ($6,073.78)
TOTAL $91,809.97 $90,542.53 ($1,267.44)
April 2023 Budget v Actual Collections: April 2023 accommodation tax revenues totaled $90,542. This is
an increase of $12,110 over the April 2023 estimates of $78,432. This is 15.44% over the adopted 2023
budget (based on a 3-year average).
APRIL 2023 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2023 Budget 2023 Actual Dollar Variance Percentage Variance
April $78,432.40 $90,542.53 $12,110.13 15.44%
31,825 8,631 73,465 91,810 90,543-72.88%
751.18%
24.97%
-1.38%
$0
$50,000
$100,000
2019 2020 2021 2022 2023
2019-2023 April Accommodation Tax Revenue
Trend
Page 4 of 9
Short Term Rental Tax for CH: Revenues – April 2023: STR Tax for Community Housing totaled
$39,301 for the month of April. This is a decrease of $1,286 or 3.17% compared to April 2022. The Westin
Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential.
APRIL 2022 v APRIL 2023 STR TAX FOR CH COMPARISON BY INDUSTRY
April 2022 April 2023 Increase/(Decrease)
Timeshares $9,540.91 $9,178.10 ($362.81)
Hotels $12,171.03 $14,809.65 $2,638.62
Vacation Rentals $18,876.53 $15,314.15 ($3,562.38)
TOTAL $40,588.47 $39,301.90 ($1,286.57)
Tobacco & Cigarette Tax: Revenues – April 2023: Tobacco tax revenues totaled $26,604 and cigarette
tax revenues totaled $19,665 for April 2023. Compared to April 2022 revenues, this is an increase of
$1,941.52 for tobacco tax revenues, which totaled $24,663.33 and an increase of $1,431 for cigarette tax
revenues, which totaled $18,234.
15,416 12,157 19,194 24,663 26,605
-21.14%
57.89%
28.49%
7.87%
-
5,000
10,000
15,000
20,000
25,000
30,000
2019 2020 2021 2022 2023
2019-2023 April Tobacco Tax Revenue Trend
Page 5 of 9
April 2023 Adopted Budget v Actual Collections: April 2023 tobacco and cigarette tax revenues totaled
$26,604 and $19,665, respectively. This is an increase of $5,246, over the April 2023 budget for tobacco
tax, which is $21,358 and an increase of $2,675 over the April 2023 budget for cigarette tax estimates,
which is $16,989 which is based on a 3-year average.
APRIL 2023 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2023 Budget 2023 Actual Dollar Variance Percentage Variance
Tobacco $21,358.11 $26,604.85 $5,246.74 24.57%
Cigarettes $16,989.75 $19,665.00 $2,675.25 15.75%
Total $7,921.99
18,392 16,188 18,798 18,234 19,665
-11.98%
16.12%
-3.00%
7.85%
-
5,000
10,000
15,000
20,000
25,000
2019 2020 2021 2022 2023
2019-2023 April Cigarette Excise Tax Revenue
Trend
Page 6 of 9
Real Estate Transfer Tax: Revenues – May 2023: May 2023 real estate transfer tax totaled $364,608.
Compared to May 2022, which totaled $1,079,581, this is a decrease of $714,972.59. This is a decrease
of $181,743 over the May 2023 budget which was based on a 3-year average.
APRIL 2023 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2023 Budget 2023 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $546,352.42 $364,608.68 ($181,743.74) (33.26%)
$278,242 $100,257 $323,408 $1,079,581 $364,609 -63.97%
222.58%
233.81%
-66.23%
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
2019 2020 2021 2022 2023
Real Estate Transfer Tax May Revenue Trends
Page 7 of 9
Recreation Center Fees: Revenues – May 2023 Admissions & Program Fees: Recreation admission
revenues for May 2023 totaled $81,198 a decrease of $4,824 compared to May 2022 which totaled
$86,022. This is $22,925 above the adopted 2023 budget estimates of $58,273. Recreation program fee
revenues for May 2023 totaled $32,682. This is an increase of $15,790 compared to 2022, which totaled
$16,892. This is $8,615 above the adopted 2023 budget estimates, which is $24,067 which is calculated
based on a 3-year average.
$31,336 $7,749 $33,138 $16,893 $32,683
-75.27%
327.66%
-49.02%
93.47%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
2019 2020 2021 2022 2023
Recreation Program Fees May Revenue Trends
63,563 714 37,549 86,023 81,199
-98.88%
5162.65%
129.10%
-5.61%
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
2019 2020 2021 2022 2023
Recreation Admissions May Revenue Trends
Page 8 of 9
Tax Revenue Comparison – 2022 v 2023: All revenues except for RETT are reporting an increase for
2023 compared to 2022. Below is a table which reflects the dollar change and percentage variance.
Adopted Budget 2023 v Actual 2023: All revenues except for RETT reflect a positive variance over the
2023 budget. Below is a table which reflects the dollar change and percentage variance.
2022 v 2023 Year-to-Date Revenue Comparison
2022 YTD 2023 YTD Dollar Variance Percentage
Variance
Sales Tax $4,583,238.87 $4,862,289.11 $279,050.24 6.09%
Acc. Tax $1,166,212.12 $1,179,334.37 $13,22.25 1.13%
STR Tax for CH $535,377.58 $537,215.10 $1,837.52 0.34%
Tobacco Tax $113,343.91 $122,065.40 $8,721.49 7.69%
Cigarette Tax $75,876.54 $77,701.50 $1,824.96 2.41%
RETT $2,946,922.69 $1,706,567.50 ($1,240,335.19) (42.09%)
Rec Admissions $402,475.51 $474,920.51 $72,445.00 18.00%
Rec Program Fees $119,804.35 $173,773.36 $53,969.01 45.05%
2023 Revenue Comparison – Budget v Actual
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $4,235,800.53 $4,862,289.11 $626,488.58 14.79%
Acc. Tax $1,079,471.37 $1,179,334.37 $99,863.00 9.25%
STR Tax for CH $491,190.04 $537,215.10 $46,025.06 9.37%
Tobacco Tax $102,185.80 $122,065.40 $19,879.60 19.45%
Cigarette Tax $71,583.21 $77,701.50 $6,118.29 8.55%
RETT $2,019,280.30 $1,706,567.50 ($312,712.80) (15.49%)
Rec Admissions $353,469.25 $474,92.51 $121,451.26 34.36%
Rec Program Fees $120,202.72 $173,773.36 $53,570.64 44.57%
Page 9 of 9
EXPENDITURES: MARCH 2023
General Fund YTD Actuals v 2023 Budget: General Fund expenditures through May 2023 total
$8,050,238.88 which is 32.52% of the total adopted budget. These expenditures include all wages, health
benefits, events, computer services, operating cost, legal services, and utilities.
Mobility Fund YTD Actuals v 2023 Budget: Mobility Fund expenditures through May 2023 total
$895,342.10 which is 23.93% of the total adopted budget. These expenditures include cost for wages,
health benefits, consulting services, utilities, and bike share program.
Fleet Maintenance YTD Actuals v 2023 Budget: Fleet Maintenance expenditures through May 2023 total
$519,582.74 which is 17.45% of the total adopted budget. These expenditures include wages, health
benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies.
Capital Projects Fund YTD Actuals v 2023 Budget: The Capital Improvement expenditures through April
2023 total $1,087,242.73 which is 6.07% of the total adopted budget. These expenditures were made up of
Metcalf culvert repair, sauna remodel and design fees.
Thank you,
Dean
970-748-4083 clin@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Charlotte Lin, Sustainability Coordinator
RE: Bi-monthly Sustainability Updates
DATE: June 21, 2023
SUMMARY: This report provides an update for all Sustainability and Climate Action initiatives at the Town
of Avon within the timeframe of May to June 2023. No action is required by Council.
BACKGROUND: At the Budget Retreat on October 28, 2022, Council approved the 2023 Climate Action &
Sustainability Programs (ATTACHMENT A) consisted of 15 official goals. Staff has been consistently
working on these goals, as well as advancing other sustainability projects that are important parts of the
Town of Avon’s overall sustainability effort. All of these goals and projects are listed in the table below with
their respective progress updates. It is important to note that the progress we have made are the results of
the collaborative efforts of many TOA staff.
SUSTAINABILITY UPDATES:
2023 Goals and
Programs
What this goal
accomplishes
Progress May-June 2023
1. Building
Benchmarking
Understand Building
Benchmarking
programs & establish
Town of Avon’s own
program.
• Staff attended a “Data Jam” hosted by the Colorado Energy Office
and Walking Mountains. The main focus on the data jam was to
install the auto populating feature from Holy Cross and Xcel.
• Staff has input gas and electrical usage for Avon Rec Center,
ARTF, Avon Town Hall, Fleet, and Public Safety buildings into
Energy Star Portfolio Manager, the benchmarking tool mandated
by the State.
• Energy Star Portfolio Manager has limitations in terms of data
input and would require a lot of additional Staff time; therefore,
Staff is continuing to investigate energy management software.
The top choice is THG Energy, which the Town would have
access to at a $8 monthly rate through our Actively Green
membership.
• Staff will continue to further evaluate and identify trends in our gas
and electrical usage.
• Energy use is included in a Building Reserves Study, which will
provide suggestions on improvements and budgeting.
2. Recycling
Ordinance &
accompanying
educational
campaign
Implement Ordinance
22-13
• The “Recycle Together” campaign continues with weekly social
media post and video series.
• The “Recycle Together” campaign won the “Outstanding Outreach
Award” at the annual conference of Recycle Colorado; this was
reported to council via a written report on June 13, 2023.
• The first open house, which is branded as an in-person “Trash
Talk Thursday”, will be held on June 29 at Town Hall
(ATTACHMENT B). This first open house will target multi-family
properties and businesses.
Page 2 of 6
• Staff is working with haulers to make sure that the new Pay-as-
You-Throw pricing structure update is on track.
3. Sustainability
Education &
Marketing
Increase awareness,
support and
implementation of
Sustainability
programs and
policies
• The update of the recycling pages was officially updated in late
April with new messaging, education, and outreach content. The
experience from working on this update informs how we can
update the other sustainability and climate action initiatives have.
4. Avon GHG
inventory
Identify the possible
extent of Avon’s GHG
baseline in order to
measure GHG
reduction and
effectiveness of
Climate Action
programs and
policies
• The Town of Avon has contracted with ICLEI, Local Governments
for Sustainability USA Inc. to create Avon’s GHG baseline
inventory (2019) and a comparison inventory (2022). Staff has
been actively working on the 2019 baseline inventory since May
1, 2023.
• The first round of data collection were sent to: o Holy Cross
o Xcel Energy o Eagle River Water & Sanitation District
o ECO Transit
o Avon Mobility o AM Gas
o Eagle County Landfill
• In addition, Staff contacted Black Hills Energy and our trash and
recycling haulers (Vail Honeywagon, Vail Valley Waste and Waste
Management) to evaluate whether there is any additional data
that is not captured by the first round of data collection.
• For Vehicle Miles Traveled, it is determined that Google EIE data
will be used.
• The data collection of the 2019 GHG Inventory is projected to be
completed by the first week of July 2023 and the subsequent
steps will be finished by the end of July. Through this effort, Staff
has established relationships with all data providers that will make
future data collection a lot more easily.
5. Fleet
Conversion to
Electric and
Hybrid Vehicles
Reduces GHG
emissions from
Avon’s fleet
• This goal was completed at the April 25 work session.
6. E-Bike
Incentive
Program
Promote increased
use of e-bikes • This goal was completed.
• During the months of May and June, the Town continues to
receive applications for e-bike rebate.
• Wildsyde, a bike shop in Avon, offered a rebate of $400 to match
Avon’s rebate for the month of June. They hosted a booth at the
Sustainability Fair and a demo at the June 14 Staff Coffee and
Town Hall.
Page 3 of 6
7. Research Net
Zero
Communities
Understand the
lifestyle, regulations,
and investments of
Net Zero
Communities
• This goal was completed on February 14, 2023.
8. Climate Action
Investment
Matrix
Assists with
understanding return
on investment for
Climate Action
programs
• Staff continues to add climate action related expenses and
tracking to our current Matrix.
• The Town has reviewed a proposal from Lotus Sustainability &
Engineering regarding improving our current Matrix – this work will
likely take place in 2024, after our GHG inventories have been
completed.
9. Vehicle Idling
Prevention
Education
Promote awareness
and support to
minimize vehicle
idling
• Plans have been made to work with business owners to add anti-
idling signs at their parking lots in the Avon town core.
• No further steps have taken within May to June 2023.
10. Develop a
program to
promote
electrification
and reduction of
energy use of
existing
buildings
Break down the
inventory of all
buildings in order to
make appropriate
recommendation for
electrification based
on benchmarking
data. This contributes
to the Net Zero
Housing goal.
• With progress made in Goal #1, Building Benchmarking, Staff
aims to research electrification roadmap, project examples to
proposal an electrification program for The Aspens mobile home
in Avon.
• Staff is looking into a heat pump program with Xcel Energy to
determine if it might be helpful for this goal. Heat pumps are good
for smaller locations like the Aspens homes.
11. Double PuRE
registration rate
Involve more Avon
residents and
businesses to use
renewable energy,
which contributes to
the Net Zero Housing
goal.
• The goal of PuRE registration for 2023 is adding 309 new
accounts.
• The first event, called “Brats and Kilowatts” took place at Ein
Prosit on March 29. Staff received results on May 8. Even though
this event was well-attended and lively, only 2 new PuRE sign-ups
were true Avon residents.
• Holy Cross and Energy Smart Colorado will continue to table at
AvonLive! Sustainability Booth to promote PuRE registration. See
more about the AvonLive! Sustainability Booth below in
Sustainability Project #9.
• A new advertising strategy is under discussion.
12. Sustainability
Marketing
Program
Improve community
wide awareness and
support for
sustainability goals
and programs
• Similar to what was described in Goal #3, Staff’s focus so far has
been on revamping our website so that it is ready for marketing.
• A new social media advertisement strategy for outreach and
awareness is in discussion.
13. Biochar Pilot
Project
Create biochar
material from organic
wood waste in Avon
• This project is postponed until 2024.
Page 4 of 6
and integrate as a
soil amendment on a
small pilot project
scale. Research and
propose options for
expanding biochar
production for 2024.
• There has been no changes in May and June 2023.
14. Composting
Program
Develop options with
identified costs for a
community wide
composting program,
or initial pilot project,
to be implemented in
2024.
• Staff successfully submitted the USDA Composting and Food
Waste Reduction (CFWR) Pilot Project grant application on June
15. The approximate date for notification is late August/early
September.
• Overall, we received Letters of Support from:
o Climate Action Collaborative o Eagle County Commissioners
o Town of Vail o Walking Mountain Science Center o EverGreen Zero Waste
o Blue Moose / Ein Prosit o Vail Honeywagon
o Waste Management
o Fattoria o VCBA
15. Long Range
Planning for
Micro-Transit
Identify alternatives to
traditional transit that
can serve
communities not on
existing transit lines
and which reduces
single occupancy
vehicle trips
• Staff applied for a Colorado Energy Office Ozone Reduction grant
to do a micro transit pilot over the summer. Avon was awarded
the grant on May 23. However, the funds could only be spent on
work performed in June, July and August of 2023. The vendor
required a three-month program and needed 30-45 days after the
contract was signed to get it up and running. As a result, Town
Manager Eric Heil decided to forgo the grant because of the time
crunch.
• Staff will continue to conduct micro-transit research. o The Mountain Towns 2030 Solutions Project, which Avon
is participating in, showcased the micro transit project that
has been implemented in the Town of Truckee, California.
Other Sustainability Projects & Updates
Sustainability
Projects
What this
project
accomplishes
Progress May-June 2023
1. Employee
Carpool Program
Understand
Building
Benchmarking
programs &
establish Town
• The first and the second rounds of employee carpool tracking
sheets were successfully collected and recorded in May and June
2023.
• There are still 5 carpool teams consisting of a total of 11 employees.
Page 5 of 6
of Avon’s own
program.
2. Sustainability for
National Night Out
and other PD
events
Make sure that
sustainability
efforts and the
Recycling
Ordinance is
implemented in
all public-facing
Avon activities.
• Staff has been working together to coordinate volunteer green
teams from Walking Mountains Science Center to be at the National
Night Out events.
• Staff will visit business donors to help advocate for more sustainable
options for donation items instead of, for example, single-use plastic
items.
3. Recycling
curriculum for
elementary school
and summer
camps
Make sure that
the Recycling
Ordinance is
implemented in
all public-facing
Avon activities.
• A recycling training for the summer camp kids was conducted on
June 7.
• The training was edited and shown as a Trash Talk Thursday video.
This marked a new format of Trash Talk Thursday where the video
reports on a community event, instead of answering a question.
5. Sustainability
grants program
Establish a
consistent and
comprehensive
grants program
to advance
climate action
across
departments.
• Staff was successful in receiving Colorado Water Conservation
Board (CWCB)’s Colorado Water Plan Grants for us to redesign our
irrigation system at Nottingham Park.
• Staff was unsuccessful with the Colorado Department of Public
Health and Environment’s Recycling Resources Economic
Opportunity (RREO) grant. Staff will revise the application based on
the feedback we receive and reapply in 2024.
• Staff is actively working on an application for the USDA CFWR grant
as discussed in Goal #14 above.
6. Net Zero
Building Expo
Share expertise
on Net Zero
development
with the Eagle
County
community.
• The status of this project is the same as the February report – “The
next Net Zero Building Expo has been planned to be on April 6,
2024 in order to match with the schedules of contractors and
developers and encourage their attendance.”
7. Recycling video
for Avon events
Promote
recycling
knowledge and
awareness to all
visitors and
locals that attend
Avon events.
• This task is complete.
8. Sustainability
Fair
Expand on the
annual “Avon
Town Clean Up”
event with
additional
sustainability
activities and
• The Town will be hosting a Town Clean up & Sustainability Fair on
May 24. The event includes activities and booths such as: o Town clean up.
o Free electronic waste recycling. o Energy Smart assessment and rebates.
o Waste haulers for recycling and composting. o Home Depot electric lawn mower & equipment demo.
Page 6 of 6
vendor
exhibitions.
o Water conservation.
o Recycling ordinance education. o Landscape ordinance and noxious weed education &
free giveaway of water-wise grass seeds.
o E-bike testing and rebate. o EV (Volkswagon ID4) demo.
o Banner bag sale. o Free brats and beer for participants.
• A press release about the results of the Sustainability Fair is
published on June 16, 2023.
• This task was completed on May 24, 2023.
9. Sustainability
Booth at AvonLive!
Leverage the
outreach
opportunity
afforded by
AvonLive! to
promote multiple
sustainability
initiatives by the
Town of Avon
and our
community
partners.
• Between the period of June 21 to Aug 30, the following
organizations will be at the Sustainability Booth.
o Town of Avon Sustainability.
o Walking Mountains Energy Programs. o Walking Mountains Sustainability Programs.
o Climate Action Collaborative. o Eagle River Watershed Council. o Holy Cross Energy.
• More organizations may be added later.
Thank you, Charlotte
ATTACHMENT A: Report - Budget Retreat: Climate Action & Sustainability Program
ATTACHMENT B: Recycling Ordinance: Open House Poster
970-748-4083 clin@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Charlotte Lin, Sustainability Coordinator and
Eric Heil, Town Manager
RE: Budget Retreat: Climate Action & Sustainability Programs
DATE: October 21, 2022
SUMMARY: This report presents the proposed budget for the Town of Avon sustainability goals and
programs in 2023. Council provided direction in early 2022 that all Climate Action goals should be a Tier 1
priority for immediate focus. Town of Avon created the position Sustainability Coordinator in early 2022 to
provide dedicated staffing to coordinate overall Climate Action goals and programs and to provide
dedicated Staff focus on specific Sustainability goals and programs. The proposed Sustainability budget
includes an increase from $20,300 in 2022 to $70,771 in 2023 to support the activities of the Sustainability
Coordinator. Some existing expenses were moved into this Sustainability Budget. Many other expenses to
Sustainability reside in other Departments (e.g. electric bus purchases in Mobility, debris flow hazard
mitigation in Capital Improvements, etc.). The proposed 2023 Sustainability budget is a rough estimate of
costs for certain activities. Many of these goals and programs are new, therefore, we expect actual costs to
be refined as these programs are further developed. The expectation is that Staff will periodically update
Council on all Sustainability goals and projects throughout the year.
BACKGROUND: Sustainability programs are considered as activities that include Climate Action, Water
Quality and Water Conservation and Resiliency. “Climate Action” is specifically focused on reducing
greenhouse gas (“GHG”) emissions. Resiliency includes hazard mitigation and improvements to
infrastructure to better withstand natural hazard events. An overview of proposed Climate Action strategies
is set forth in the table on the following pages. Many of these strategies are multi-year and inter-
departmental. The goals and programs for sustainability will involve Staff time beyond the Sustainability
Coordinator, including General Government, the General Government Intern, Community Development,
Fleet, Mobility and Operations.
2023 Sustainability Budget
Books and Education $ 1,000
Feasibility Study for Composting $ 5,000
Printed Educational Materials (Recycling, Climate Action and other sustainability efforts) $15,000
Development of Marketing Content $12,500
Memberships
(Actively Green, International Council for Local Environment, Recycle Colorado)
$ 3,050
Events (PuRE Sign-Up, Sustainability Workshops) $10,000
Advertising $ 8,860
Eagle River Watershed Council $ 7,000
Video Production $ 6,600
Miscellaneous $ 1,761
TOTAL $70,771
Thank you, Charlotte and Eric
ATTACHMENT A
Page 2 of 4
2023 Goals and
Programs
What this goal
accomplishes
Simplified Work Plan in 2023 Financial
Consideration
Building
Benchmarking
Understand Building
Benchmarking
programs
• Research and monitor State and
municipal building benchmarking
programs
• Report on lessons learned from
initial implementation
• Determine goals and purpose for
any local building benchmarking
program
• Develop recommendations for
Avon
Internal Staff work, no
additional financial cost
Recycling
Ordinance
Implement Ordinance
22-13 • Create information materials and
conduct community outreach on
requirements of Ord 22-13 to
achieve implementation and
compliance by Nov 1, 2023
Internal Staff work,
design and printing of
educational materials
Sustainability
Education &
Marketing
Increase awareness,
support and
implementation of
Sustainability programs
and policies
• Develop and implement education
materials and programs for Staff
and for Avon community
• Establish a robust marketing and
communication workflow for all
sustainability education.
Staff to implement, cost
of marketing included in
sustainability marketing
budget. More marketing
budget ($5-10k; not in
Attachment A) may be
needed to reconstruct
our websites.
Avon GHG
inventory
Identify the possible
extent of Avon’s GHG
baseline in order to
measure GHG
reduction and
effectiveness of Climate
Action programs and
policies
• Engage consultant to develop
Avon baseline.
Budget proposed for
consultant $10K – $15K
(not included in
Attachment A)
Fleet Conversion
to Electric and
Hybrid Vehicles
Reduces green house
gas emissions from
Avon’s fleet
• Continue to purchase electric and
hybrid vehicles
Staff to implement, no
additional financial cost
other than electric
vehicles may be more
expensive than
comparable fossil fuel
and hybrid vehicles.
E-Bike Incentive
Program
Promote increased use
of e-bikes
• Application process and
administration is already
Staff to support
administration,
Page 3 of 4
established. Council direction on
eligibility is required
appropriation of funds
for rebates
Research Net Zero
Communities
Understand the lifestyle,
regulations, and
investments of Net Zero
Communities
• Research and compile information
on Net Zero Communities,
prepare presentation to Council
Staff to implement, no
appropriation required
Climate Action
Investment Matrix
Assists with
understanding return on
investment for Climate
Action programs
• Prepare and present Climate
Action Investment Matrix in a
format that can be regularly
updated to reflect new
investments
Staff to implement, no
appropriation required
Vehicle Idling
Prevention
Education
Promote awareness
and support to minimize
vehicle idling
• Prepare and implement
educational materials to reduce
vehicle idling
Staff to implement, cost
of marketing included in
sustainability marketing
budget.
Develop a program
to promote
electrification and
reduction of
energy use of
existing buildings
Break down the
inventory of all buildings
in order to make
appropriate
recommendation for
electrification based on
benchmarking data.
This contributes to the
Net Zero Housing goal.
• Research programs in other
communities to promote and
implement energy reduction
through electrification and building
improvements
• Research potential grants for
building electrification and energy
reduction
• Development and propose
program to promote electrification
and energy reduction of existing
buildings
Collaborative effort
between Sustainability
and Community
Development
Grant Funding:
Resilient and Efficient
Codes Implementation
(RECI)
Staff to implement; no
extra cost in 2023.
Double PuRE
registration rate
Involve more Avon
residents and
businesses to use
renewable energy,
which contributes to the
Net Zero Housing goal.
• Determine existing number of
PuRE registrants in Avon and
identify target for end of 2023.
• Design and launch a PuRE
promotion campaign. Collaborate
with Holy Cross on the promotion.
• Conduct PuRE sign-up events to
promote awareness and
participation
Sustainability Staff;
assistance from Gen
Gov Intern, $5,000 to
support sign-up events
Sustainability
Marketing Program
Improve community
wide awareness and
support for
sustainability goals and
programs
• Develop a consistent content plan
for social media, monthly
newsletters and local media
outlets such as the Vail Daily and
radio stations.
Staff to administer,
costs included in
marketing
Page 4 of 4
Biochar Pilot
Project
Create biochar material
from organic wood
waste in Avon and
integrate as a soil
amendment on a small
pilot project scale.
Research and propose
options for expanding
biochar production for
2024.
• Create 3-10 cubic yards of biochar
as a pilot project, apply in 2-4
identified landscape areas
• Research labs that can analyze
and evaluate biochar quality and
how effective the biochar is
working.
• Research long-term and Town-
scale implementation of biochar.
Nominal cost for pilot
project. Staff can
execute in-house.
Composting
Program
Develop options with
identified costs for a
community wide
composting program, or
initial pilot project, to be
implemented in 2024.
• Review local and peer community
composting programs.
• Review service and potential
programs with local waste haulers.
• Evaluate options for a local
composting operation to serve
Avon versus a regional
composting operation.
• Prepare a concept composting
program for Avon businesses with
a focus on restaurants.
• Conduct community outreach with
residential users, restaurants and
other Avon businesses to identify
support and barriers to a
community wide composting
program
Sustainability Staff, Gen
Gov Intern.
Feasibility study
budgeted $5,000.
Long Range
Planning for Micro-
Transit
Identify alternatives to
traditional transit that
can serve communities
not on existing transit
lines and which reduces
single occupancy
vehicle trips
• Mobility will solicit and review
proposals from micro-transit
providers and assist with
identifying areas that may be
potentially served with micro-
transit
Mobility Division will
lead effort to research
potential micro-transit
service in Avon
ATTACHMENT B
970-748-4021 pmckenny@comcast.net
TO: Honorable Mayor Phillips and Council members
FROM: Patty McKenny, Deputy Town Manager
RE: Grants Program Update
DATE: June 21, 2023
SUMMARY: The purpose of the written report is to provide an update about the town’s grant program. A number of
departments have been working on grants in 2023. Sustainable Strategies DC, grant consultant and advocate, has
provided invaluable assistance with Avon’s program providing frequent updates about federal and state funding that
might be applicable to the town’s projects and programs. This is submitted as a written report and no action by
Council is requested.
BACKGROUND: The Town Manager’s Office has prioritized developing and implementing a more formal program for
grant administration that would seek to obtain federal, state, and local funding for town wide projects. Town of Avon
contracts with Sustainable Strategies (S2), a government affairs and strategic consulting firm based in Washington,
DC, and Denver, CO, for grant searching and administration services (full-service grant writing). The consulting firm
helps local governments secure resources for community projects that will revitalize, sustain, and keep communities
resilient. Town staff meets monthly, and on an as needed basis, with S2 representatives to review grant opportunities
and determine which ones to pursue based on Town priorities and ability to compete. In addition, Avon staff along
with Town of Vail and Eagle County staff meet bi-monthly with Squire Patton Boggs Law Firm representatives to
receive federal and congressional overviews and updates about legislation, grant opportunities, and current
happenings with Colorado’s congressional delegation. The last grant update to town council was provided in
February and included the support resolution for the GOCO Community Impact Funds, see Attachment A for recent
press release about grant award.
GRANT HIGHLIGHTS: Please see Attachment B for the compilation and status of the Town’s grant applications.
The summary is broken into the following categories: approved, active, and denied. The table below highlights the
status of some of the recent grants awarded to the town:
Grant Name Purpose Amount Awarded Status of Project
Colorado Water Plan
Grant from Colorado
Water Conservation
Board
Avon’s Benchmark
Reservoir Conservation
Project – design phase for
irrigation system and
demonstration gardens
$60,000 Grant
$20,000 TOA Match
The team will be drafting RFQ for
design work to be completed.
Release date in July.
Community Impact
Grant from GOCO
Colorado
Eaglebend Pocket Park
Transformation Project
$375,000 Grant
$175,000 TOA Match
$45,000 in kind
services
An action plan has been drafted
for this project. TOA team to
conduct site visit and meet with
Eagle Valley Outdoor Movement
to revise scope of work for
community engagement for the
visioning process. Neighborhood
meetings for visioning are slated
for September & October.
Off Highway Safety
Improvement
Program from
Colorado Department
of Transportation
Pedestrian Safety:
Purchase and install 6
flashing beacons and
permanent median at Avon
Road & Hurd Lane
$366,000 Grant
$24,000 TOA Match
Construction in 2024
Page 2 of 2
Off System Bridge
Grant from Colorado
Department of
Transportation
Repair & Maintain West
Beaver Creek Boulevard
Bridge
$348,397 Grant
$87,099 TOA Match
Construction in 2024
Town staff continue to seek grant opportunities with both consultants and continue to place focus on funding offered
for community housing projects.
FINANCIAL CONSIDERATIONS: The 2023 budget includes monies for retainer services to support the arrangement
for grant administration with S2 as well as advocacy and lobbying services from Squire Patton Boggs. A budget
supplemental change would be required as the town receives grant awards. Project teams for grant submittals and
administration typically include the point of contact from the department, the town manager’s office, and a finance
staff member. There are also GFOA requirements related to reporting of federal and state grant awards, identified as
a Schedule of Expenditures of Federal Awards (SEFA). These guidelines were adopted by GFOA in September
2022.
TOWN MANAGER RECOMMENDATION OR COMMENTS:
PROPOSED MOTION: No motion is required as this is a written report only.
Thank you, Patty
ATTACHMENT A: GOCO Press Release for Eaglebend Pocket Park Transformation Project
ATTACHMENT B: Summary of Grant Program
FOR IMMEDIATE RELEASE – 6/14/23
Contacts:
Rosemary Dempsey, 303.226.4530,rdempsey@goco.org
Diane Metzger, 303.226.4507,dmetzger@goco.org
Crystal Medrano, 303.226.4522,cmedrano@goco.org
GOCO board awards $375K grant to Town of Avon for Eaglebend Pocket Park
DENVER – Today the Great Outdoors Colorado (GOCO) board awarded a $375,000 grant to the Town of
Avon, in partnership with the Generation Wild coalition Eagle Valley Outdoor Movement (EVOM), to plan
and transform Eaglebend Pocket Park.
Built around 2002, Eaglebend Park lacks a number of amenities, benches, and playground attractions as
a neighborhood park. The project will focus on upgrading the park to expand outdoor recreation
opportunities for the local community, including many families living at Eaglebend Apartments, which
hosts 240 affordable workforce housing units.
The grant is part of GOCO’s Community Impact program, which develops and revitalizes parks, trails,
school yards, fairgrounds, environmental education facilities, and other outdoor projects that enhance a
community’s quality of life and access to the outdoors.
“The Town is very excited about the visioning component of this project that will involve the local
neighborhood, the Health and Recreation Committee, the Eagle Valley Outdoor Movement and
recreation department personnel,” said Mayor Amy Phillips. “The transformation will revitalize an aging
park in need and will improve the quality of life and recreational amenities for all residents in Avon.”
The transformation of this community asset will focus on inclusiveness, equitable access, and sustainable
design. EVOM will lead a community-centered design process, including bilingual surveys and meetings,
door-to-door interviews in the surrounding neighborhood, and youth engagement. Residents will
redesign and rename the park to meet the needs of the nearby community.
Once the outreach and design process is complete, remaining GOCO funds will be leveraged with local
cash and in-kind support to build the new park space in alignment with the community's vision. The
town imagines opportunities for updated playground equipment, access to drinking water as well as
water-smart irrigation, shade structures, benches, and climate-adapted landscaping. The park is
expected to be reopened to the public in the fall of 2024.
To date, GOCO has invested $31.7 million in projects in Eagle County and partnered to conserve more
than 6,200 acres of land there. GOCO funding has supported Sylvan Lake, the Town of Eagle to Horn
Ranch Open Space Trail, East and West Brush Creek, Hardscrabble Ranch Open Space, and the local
Generation Wild community, Eagle Valley Outdoor Movement, among other projects.
Great Outdoors Colorado (GOCO)invests a portion of Colorado Lottery proceeds to help preserve and
enhance the state’s parks, trails, wildlife, rivers, and open spaces. GOCO’s independent board awards
competitive grants to local governments and land trusts and makes investments through Colorado Parks
and Wildlife. Created when voters approved a constitutional amendment in 1992, GOCO has since
funded more than 5,600 projects in all 64 counties of Colorado without any tax dollar support. Visit
GOCO.org for more information.
Town of Avon, Colorado
Federal and State Grant Opportunities
6/22/2023
Grant Name Funding Agency Type Purpose
TOA Funds
Requested
Matching
Funds
Application
Deadline Decision
1 Colorado Water Plan Grants Colorado Water
Conservation Board
state Town of Avon’s Benchmark Reservoir Conservation
Project - Design Phase for New Irrigation System
and Demonstration Gardens in Harry A.
Nottingham Park
$ 60,000 $20,000 completed Award $60K
2 Community Impact Fund - third cycle grant
request
Great Outdoors
Colorado (GOCO)
Dan Omasta
state Avon to Revitalize Eaglebend Pocket Park
$150K cash ; $45K in kind
$ 375,000 $175,000
cash
$45K in-kind
completed Award $375K
3 Off Highway Vehicle Trail Maintenance
Grant
Colorado Parks &
Wildlife
state Maintenance for USFS 779 Road Improvements $ 40,000 NA completed Award $40K
4 CDOT 5311 Transit Operations Colorado Dept of
Transportation (CDOT)
state Provide funding for Transit Operations $ 245,980 $ 245,980 completed Funded 2023
5 CDOT 5304 Planning Grant Colorado Dept of
Transportation (CDOT)
state Provide planning and implementation support to the
Eagle Valley Transportation Authority
$ 96,000 $0 completed Funded 2023
6 Highway Safety Improvement Program
(HSIP)
Colorado Dept of
Transportation (CDOT)
state Pedestrian Safety: Purchase and install 6 flashing
beacons and permanent median at Avon Road &
Hurd Lane
$ 366,000 $24,000 completed Awarded
5/28/23
7 Off System Bridge Grant Colorado Dept of
Transportation (CDOT)
state Repair and Maintain WBCB Bridge. $ 348,397 $87,099 completed Funded 2023
8 FASTER Capital and Facilities Grant Colorado Dept of
Transportation (CDOT)
state Purchase heavy duty recessed scissor lift and
portable mobile Column lifts
$ 256,000 $64,000 completed Awarded
5/28/23
1 Building Resiliant Infrastructure and
Communities
FEMA federal Flood Mitigation on Nottingham Road and West
Beaver Creek Blvd
$ 1,875,996 93,800 2/14/23 PENDING
2 USDA Compost & Food Waste Reduction
Pilot Program (CFWR)
USDA federal Partnership between Town of Avon and Town of
Vai to launch a two-year regional commercial
composting pilot program. The towns will launch a
joint composting project that will expand local
composting infrastructure and capacity
$ 400,000 $100,000 6/14/23 PENDING
ACTIVE GRANT APPLICATIONS
APPROVED GRANT APPLICATIONS
Subject to Change 1 of 2
Town of Avon, Colorado
Federal and State Grant Opportunities
6/22/2023
Grant Name Funding Agency Type Purpose
TOA Funds
Requested
Matching
Funds
Application
Deadline Decision
3 Congressionally Directed Spending FY 24
(CDS aka Earmarks)
Congressional Offices
Request Funding for
Projects
federal Eagle County First Responders Regional Reporting
Technology Enhancements and Uprades
* a regional effort to support technology
enhancements for emergency, police and jail
services that support multiple agencies and Eagle
County jurisdictions
TBD TBD 3/10/23 PENDING
4 Congressionally Directed Spending FY 24
(CDS aka Earmarks)
Congressional Offices
Request Funding for
Projects
Flood Mitigation on Nottingham Road and West
Beaver Creek Blvd (this is the same as #1 but
different funding source)
$ 1,875,996 93,800 1/13/23 PENDING
5 Congressionally Directed Spending FY 24
(CDS aka Earmarks)
Congressional Offices
Request Funding for
Projects
(Highway or Transit
Infrastructure)
federal Stonebridge Drive & Highway 6 Roundabout
Project
TBD TBD 3/10/23 PENDING
1 Recycling Resources Economic Opportunity
(RREO)
Colorado Department
of Public Health and
Environment
state TOA Recycling Center lot upgrades & purchase
cardboard and styrofoam compactors (first in Eagle
County)
$ 197,000 NA 1/5/23 DENIED 2023
APPLICATION
MARCH 2023
DENIED GRANT APPLICATIONS
Subject to Change 2 of 2
970-748-4021 pmckenny@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Patty McKenny, Deputy Town Manager
RE: Comcast Franchise Agreement Update
DATE: June 20, 2023
SUMMARY: The purpose of this report is to provide an update to Town Council about renewing the Town
of Avon’s Franchise Agreement with Comcast. While this item is not listed as a 2023 goal, it was identified
as a goal for 2022. There was not any urgency in finalizing a new agreement since the existing Franchise
Agreement automatically extends with the current terms under the Federal Telecommunications Act. There
has been some mention about addressing the agreement during 2023 and the Town Attorney, Finance
Director and Town Manager’s Office will be reviewing the topic this year. This is submitted as a written
report and no action by Council is requested at this time.
BACKGROUND: Town of Avon Ordinance Number 16-16 approved a Franchise Agreement with Comcast
of Colorado VII, LLC for the provision of cables service in the Town of Avon. The approval occurred on
September 8, 2016, for a six-year term. Since the agreement has expired town staff tried to prioritize the
negotiations of the agreement last year. However, with some changing work plans and personnel
transitions, the process was placed on hold in 2022. The current agreement remains in effect on a month-
to-month basis.
CURRENT STATUS: The Town has reached out to Comcast’s Government Affairs Director (Mountain
West Region), Andy Davis, to inform him that the town would like to begin conversations about entering into
a new agreement. He is currently drafting a new franchise agreement based on models used by other
Colorado communities. It was noted that the general format and provisions of the current agreement will be
used in a new one. While the negotiations timeline has not been identified, a review will be made of their
first draft, and Council meeting schedules will be determined. It is likely to come before Council as a work
session initially. Town staff has also reached out to Town of Vail for information about the status of their
franchise agreement with Comcast.
REVIEW OF TERMS: The current franchise agreement includes fourteen sections of terms addressing a
number of items, such as definitions, grant of franchise, franchise fees, customer, service, programming,
access, use of public ways, violations, etc. There has been some initial discussions about the Town’s
ordinance related to “dig once” requirements and impacts on Comcast; this topic will likely need to be
reviewed again. Other sections that typically receive attention include fees, programming, customer
services and public access channels.
FINANCIAL CONSIDERATIONS: The franchise fees to the Town are an amount equal to five percent
(5%) of Comcast’s Gross Revenue and are collected on a quarterly basis. A review of the revenues
generated by the fees will be provided in future reports.
TOWN MANAGER RECOMMENDATION OR COMMENTS:
PROPOSED MOTION: No motion is required as this is a written report only.
Thank you, Patty
FINANCE COMMITTEE MEETING MONDAY, JUNE 19, 2023 HYBRID MEETING; IN-PERSON AND ON TEAMS
Finance Committee Meeting, June 19, 2023 1 | 2
1. ROLL CALL
The meeting began at 5:22 p.m.
PRESENT- Finance Committee Members:
In person: Lisa Post, Craig Ferraro, John Widerman, Clark Rogers (virtually) and Terry Nolan
(virtually)
Town Council: Mayor Pro Tem Tamra Underwood and Councilor Rich Carroll Town Staff: Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General
Government Manager Ineke de Jong, Finance Director Scott Wright (virtually), incoming
Finance Director Paul Redmond (virtually)
ABSENT- Finance Committee Members: Steve Coyer, Dee Wisor, Markian Feduschak, and Linn
Brooks
2. APPROVAL OF MAY 3, 2023 MINUTES
Member Craig Ferraro moved to approve the minutes from the May 3, 2023 meeting and Councilor Rich
Carroll seconded the motion. The motion passed unanimously by those present.
3. PUBLIC COMMENT
There was no public comment.
4. STAFF UPDATES ON FINANCIAL RESULTS THROUGH APRIL (FINANCE MANAGER JOEL MCCRACKEN)
There were no questions presented about the financial report.
5. PROPERTY TAX ANALYSIS (TOWN MANAGER ERIC HEIL)
Town Manager Eric Heil delivered a presentation on the property tax analysis related to the
formation of a Downtown Development Authority (DDA) in Avon. Discussion included a broad
overview of the purpose and benefits of a DDA as well as a review of a number of components to
creating the authority, as follows:
Proposed Boundary of the District (Boundary Map)
The development of the Downtown Develop Authority Plan and structure of the DDA Board
Description of Potential Projects that would benefit from the revenue collections including
housing, public parking structures, recreation center expansion and street realignments (all
FINANCE COMMITTEE MEETING MONDAY, JUNE 19, 2023 HYBRID MEETING; IN-PERSON AND ON TEAMS
Finance Committee Meeting, June 19, 2023 2 | 2
within the boundary).
Overview of the financial considerations related to tax increment financing
Impacts on Taxing Entities, i.e., Eagle County, Eagle County School District, Colorado
Mountain College, Eagle River Fire Protection District, Eagle Valley Library, Eagle River Water
& Sanitation District, etc.
Summary of the DDA in relation to the Village (at Avon) District,
Financial Modeling Projections of the DDA collections (an illustration only)
Special Election and Eligible Voters
Structure of Decision-making and Authority between Town Council and DDA
Timeline for DDA board appointments and revenue collections
Town Manager Eric Heil noted the Town Council would review the ordinance on second reading
(and Public Hearing) on Tuesday, June 27, 2023 for the formation of the DDA and setting of a
Special Election for August 29, 2023. The schedule for meetings addressing the DDA are shown
below:
6. NEXT COMMITTEE MEETING DATE
The next meeting will be scheduled for September 11, 2023, at 5:00 p.m. in the Mount Holy Cross
meeting room at Avon Town Hall. Future topics suggested for the meeting included: Financial Update on
the Village (at Avon), Review of Capital Projects, Financing Options for funding community projects
(housing).
7. ADJOURNMENT
The meeting adjourned at 6:35 p.m.
Respectfully Submitted by:
Patty McKenny, Deputy Town Manager
Page 1 of 10
TO: Honorable Mayor Phillips and Council Members
FROM: Eva Wilson, Public Works Director
RE: 2023 Capital Improvements Projects
DATE: June 22, 2023
SUMMARY: This memo provides Town Council an update on the status of the 2023 Capital
Improvements Projects (CIP) Program. The start of several projects was delayed due to staffing vacancies.
Engineering vacancies will be filled in July 2023. CIP Projects are managed by the Engineering and
Facilities Staff. Communication and Technology projects are managed by the IT staff. There are 53
projects in the 2023 CIP Program totaling approximately $17.2M
CIP PROJECT SUMMARY:
Project 2023 Budget Status
Facilities
1 H.A. Nottingham Park East Improvements $2,000,000 Planning
2 Office Furniture $100,000 80% completed
3 Door Replacement (Town Hall Front Doors,
Recreation Center, Pavilion Basement)
$ 105,000 Seeking Quotes
4 Public Works Facility Expansion Planning $500,000 Planning completed. Phase I:
Vehicle Storage Facility Design
5 Building Access Control $70,000 Active – In Design
6 Fleet Roof $ 440,000 Seeking Quotes
7 ARTF Overhead Doors $ 105,000 Not active
8 Wildridge Emergency Warning Sirens $133,016 In construction – 98% completed
9 ARTF HVAC BAS $ 165,000 Not active
10 ARTF HVAC Separation $ 150,000 No bids - Resolicit
11 ARTF Bus Wash Exit $ 125,000 Not active
12 Rec Center Aquatics Remodel and Design $50,000 Not active
13 Sauna/Steam Room Remodel $108,000 Completed
14 Rec Center HVAC Controls Upgrade $300,000 In construction – 80% Completed
15 Heat Recovery Chiller Replacement $ 251,000 In construction – Awaiting Chiller
16 Saddle Ridge Loop Window Replacement $40,000 Award
Land and Land Improvements
17 O’Neal Spur Park Improvements 20,000 Planning
18 Wildfire Mitigation (Yearly) $ 40,000 Contract Awarded (EC Wildland)
19 Power Line Undergrounding $120,000 Planning/Design
20 H.A. Nottingham Park Irrigation Replacement
Design
$ 75,000 Award Grant Funding - RFP
21 Saddleridge Park Refresh $ 25,000 Not Active
22 H.A Nottingham Park Water Fountain $75,000 Not Active
Streets and Roads
23 Mall Activation Elements $13,500 In Design
24 Metcalf Rd – Road Retaining Wall Stabilization $80,000 Not active
Page 2 of 10
25 Nottingham/Swift Gulch Rd: Retaining Wall Repair $200,000 Seeking Quotes
26 Avon Road Safety Improvements $150,000 Continuous improvements
27 WB B/C Blvd – US6 to UPRR $ 1,320,000 In construction – 20% completed
28 Fawcett Road Asphalt Overlay (A.O. Account) $440,000 completed
29 WBCB – Concrete Repair $223,701 Designed
30 Metcalf Road Culvert Repair $450,000 Completed
31 Annual Guardrail Repair (Yearly) $ 40,000 Planning
32 Asphalt Seal Coat Program (all parking lots) $ 100,000 In construction – 0% completed
33 Upper Buck Creek Road Asphalt Overlay $ 1,292,748 In Design
34 Swift Gulch Road Filing 2 Design
Buffalo Ridge Asphalt Overlay (A.O. Account)
$ 60,000 Not active
35 Old Trail Road Asphalt Overlay $ 63,000 Not active
36 Avon Road Pedestrian Crosswalk Repair $ 50,000 Construction Fall 2023
37 WBCB Eagle River Bridge Deck Repair and Railing
Upgrade
$ 225,000 Awarded CDOT grant – $348,397
Local Match - $87,099
38 US6 Safety and Mobility Improvements
CDOT Grants: $3M Town’s Match $300,000
$ 4,200,000 On Hold – Design Challenges
39 June Creek Emergency Access $101,082 Seeking Berry Creek MD approval
40 H.A. Nottingham Park Recreation Trail
Lower Athletic Field
$ 852,762 In Design – 60% completed
41 Hurd Lane Recreation Trail Reconstruction $ 205,000 No bidders - resolicit
42 Eagle Valley Trail West Reconstruction $ 325,000 No bidders - resolicit
Utility Projects
43 Nottingham Rd. Debris Flow Improvements and
Water Quality
$46,670 Continuous
44 Tract A Drainage Improvements $50,000 Not Active
45 Nottingham Puder Ditch Repair $1,089,085 In Construction – July 31
Completion
46 330 Nottingham Road Drainage Improvements
Design
$ 75,000 Awaiting grant
47 400 WBCB Drainage Improvements Design $ 75,000 Awaiting grant
Planning and Consulting
48 Schematic Design/Final Design – W. Main Street $243,456 Preparing RFP
Communications and Technology
49 Broadband $80,402 TBD
50 Finance/Comm Dev. ERP $87,415 TBD
51 Microsoft Teams Phone System Migration $25,866 TBD
52 Surveillance NVR Server
Consolidation/Replacement
$32,000 Completed
53 H.A. Nottingham Park Wi-Fi Access $150,000 Seeking/reviewing quotes
TOTAL $ 17.2M
Page 3 of 10
PROJECT HIGHLIGHTS:
Recreation Center Projects
Sauna and Steam Remodel: The Recreation Center Sauna and steam room needed repair/maintenance.
Total Project Cost: $108,000
Status: Completed
• Sauna:
o Add insulation and vapor barrier
o Repair concrete substrate and replace the western red cedar
• Steamroom Repair:
• Repair substrate and add waterproofing; Replace Tile
Sauna – Before Sauna – After
Steamroom Before Steamroom After
Page 4 of 10
Heating and Air Condition System Upgrades. The existing Recreation Center heating and air condition
(HVAC) systems range from 12 to 26 years old and are due for replacement and modernization.
Modernization of the system will increase energy efficiency and subsequent cost savings.
Total Project Cost: $460,977
Estimated Completion Date: September 2023
Status: In construction – On schedule
• Replace the computer operating system with one similar to that utilized in Town Hall and the Public
Safety Facility
• Repair the HVAC equipment communication network
• Integrate the building control system with the heat recovery system
• The project will also develop a long-term plan to transition the building from natural gas systems to
renewable electric systems
• Replace the Heat Recovery Chillers
Project Location Heat Recovery Chiller
Concrete Pool Deck and Drain Replacement. Concrete pool deck and trench drain replacement
are needed for both safety and
cosmetic purposes. Several areas
have settled, often adjacent to trench
drains, creating an uneven surface and
trip hazard. Additionally, the HVAC
ductwork located under the deck in the
pool area has deteriorated from water
exposure and will need to be replaced.
Total Design Project Budget: $50,000
Total Project Cost: $TBD
Estimated Completion Date: TBD
Status: Design to start in July 2023
Page 5 of 10
Street Improvements
Metcalf Road Culvert Repair. Repair a 30-Ft long section of a 7-FT diameter culvert underneath Metcalf
Road collapsed in the vicinity of the northern Metcalf Lofts driveway. The culvert is 130-FT-long and is 25-
FT below Metcalf Road.
Total Project Cost: $393,844
Status: Completed - Feb 2023
Location of Damaged Culvert under Metcalf Road
Installing Steel Liner Plates Shotcrete Coating
Page 6 of 10
Fawcett Road Street Improvements. Fawcett Road connects Post Blvd. and Yoder Ave. and is located
between Traer Creek Plaza and Wal-Mart. The road is due to be resurfaced as it was originally
constructed in 2002 and has not been resurfaced. The project includes the following:
Total Project Costs: $400,000
Status: Completed – June 2023 (Shopping Cart Corral will be constructed this fall)
• Asphalt overlay
• Sidewalk repairs
• American with Disability Act Ramp replacement
• Replacement of concrete at bus pullout
• Removal of 25-FT of median near Walmart tire center
Project Location
Page 7 of 10
West Beaver Creek Blvd Street Improvements. West Beaver Creek Blvd from Railroad to US6 Hwy was
last paved in 2004 and was due for major maintenance.
Total Project Budget: $1,350,000
Total Project Cost: TBD
Status: In construction - estimated completion date: Aug 7th, 2023
• Asphalt overlay
• Sidewalk repairs and American Disabilities Act ramp upgrades
• Stormwater Drainage Improvements
• Water quality improvements
• Bridge over Eagle River repairs including bridge resurfacing (CDOT 2024 Grant)
• Pedestrian flashing beacons at Eagle Valley Trail Crossing
Installing Stormwater Pipe
Installing Water Quality Tank
Page 8 of 10
Flood Mitigation Improvements. On July 22, 2021, a heavy and intense storm event caused major
damage and closed I-70 and Swift Gulch Rd for several hours. The storm event brought 0.8 to 2.5 inches of
rain within an hour on the hillside north of I70. The subsequent runoff caused the largest water and mud
flows seen in decades. Flood Mitigation Study identified two flood mitigation concepts estimated at $2M:
Total Project Budget: $2,000,000
Total Estimated Project Cost: $150,000
Status: Awaiting grant funding
• Sonnen Halde: $1.1M
o Replacing the culvert under Nottingham Road; Re-grading swales/parking lots; constructing
berms, curbs, and gutters.
• Beaver Bench: $900K
o Re-grading swales/parking lots; constructing berms, curbs, and gutters
• Grant submittals (Anticipated Award Announcement – Summer 2023):
o Building Resilient Infrastructure and Communities (BRIC) grant
o Hazard Mitigation Grant Program (HMGP)
o Congressionally Directed Spending (CDS) grant
Page 9 of 10
Nottingham Puder Ditch Lining. The Nottingham-Puder Ditch diverts water from the Eagle River under
Eagle-Vail I-70 interchange and terminates at Buck Creek near the Public Safety Facility. The ditch provides
irrigation water to Post Blvd, East Beaver Creek Blvd, the Public Safety Facility, as well as Benchmark Lake
in Harry A. Nottingham Park. The project will reinforce the ditch and stop water from infiltrating into the soil.
The project includes clearing the ditch of excess vegetation, grading it to a constant slope, installation of a
new flume and the HDPE Trapezoidal Ditch Liner System.
Total Project Budget: $1,089,085
Total Estimated Project Cost: $900,000
Status: In construction - Estimated completion date: July 31st, 2023
Ditch Alignment Example of a lined ditch
Overgrown ditch Clearing and shaping for liner
Page 10 of 10
June Creek Emergency Access. The Wildridge Subdivision only has one point of egress on Metcalf Road.
A secondary emergency point of egress is needed on the Forest Service Road from June Creek Trail down
to June Creek Road in Singletree. The Community Development Department is currently obtaining the
required approvals.
Total Project Budget: $101,082
Total Estimated Project Cost: $TBD
Status: Received approval from Eagle County. Seeking approval from Berry Creek Metro District
Wildridge Emergency Access Route of June Creek Road (Forest Service)
Thank you, Eva
Attachment A: 2023 Capital Projects Fund Amendment #1
(1)(2)(3)(4)(1+2+4)
Revised
2021 and Original Amended Estimated Difference
Account Prior Audited Budget Budget #1 Project-to-Date Increase
Number Description Actuals 2022 2023 2023 Expenditures Current Proposed (Decrease)Project Status
CAPITAL IMPROVEMENT PROJECTS
Facilities:
General Government Facilities:
11019 Utility Upgrade 450,733$ 32,945$ -$ -$ 483,678$ 470,845$ 470,845$ -$ Completed - 2022
11023 New Town Hall 2nd and 3rd Floor Updates 36,758 65,846 - - 102,604 130,000 130,000 - Completed - 2022
11025 H.A. Nottingham Park East Improvements 58,556 261,311 2,000,000 2,530,570 2,850,437 2,850,000 2,850,000 - Carryover. To Be Completed - 2023
11028 Office Furniture 27,184 68,435 50,000 57,381 153,000 103,000 153,000 50,000 Carryover. To Be Completed - 2023
11029 Building Access Control - - - 70,000 70,000 70,000 70,000 - Carryover. To Be Completed - 2023
11030 Town Hall Front Entry ADA Access - 13,225 - 11,775 25,000 25,000 25,000 - Carryover. To Be Completed - 2023
11031 511 Metcalf Road #G20 - 537,519 - - 537,519 535,000 535,000 - Completed - 2022
11032 Building Door Replacements - - 105,000 105,000 105,000 105,000 105,000 - Carryover. To Be Completed - 2023
Public Safety Facilities:
12006 PSF Parking Lot Canopy Design 14,153 5,847 - - 20,000 20,000 20,000 - Completed - 2022
12007 Wildridge Emergency Warning Siren 28,436 194,984 - 133,016 356,436 356,436 356,436 - Carryover. To Be Completed - 2023
Public Works Facilities:
13014 Public Works Facilities Expansion Planning - 14,774 500,000 585,226 600,000 600,000 600,000 - Carryover. To Be Completed - 2023
Fleet and Transportation Facilities:
14010 Fleet Maintenance EPDM Roof Replacement 10,500 - 440,000 449,500 460,000 460,000 460,000 - Carryover. To Be Completed - 2023
14019 Bus Shelters (6)- 436,350 - 26,150 462,500 462,500 462,500 - Carryover. To Be Completed - 2022
14020 Fleet Maintenance - HVAC / AC - - - 25,000 25,000 25,000 25,000 - Carryover. To Be Completed - 2023
14021 ARTF Roof Improvements / Snow - 44,860 - - 44,860 50,000 50,000 - Completed - 2022
14022 ARTF Roof Repair - 75,701 - 64,299 140,000 90,000 140,000 50,000 Carryover. To Be Completed - 2023
14023 ARFT - Overhead Door Replacement - - 105,000 105,000 105,000 105,000 105,000 - New Project 2023
14024 ARTF - BAS / HVAC PM - - 165,000 165,000 165,000 165,000 165,000 - New Project 2023
14025 ARTF - HVAC Separation - - 150,000 170,000 170,000 170,000 170,000 - New Project 2023
14026 ARTF - Bus Wash Exit - - 125,000 125,000 125,000 125,000 125,000 - New Project 2023
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #412023 Supplemental Amendment #1
Attachment A
(1)(2)(3)(4)(1+2+4)
Revised
2021 and Original Amended Estimated Difference
Account Prior Audited Budget Budget #1 Project-to-Date Increase
Number Description Actuals 2022 2023 2023 Expenditures Current Proposed (Decrease)Project Status
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #412023 Supplemental Amendment #1
Cultural and Recreational Facilities:
15019 Pavilion - Deck Railing and Floor Replacement 397,153 18,161 - - 415,314 425,600 425,600 - Completed - 2022
15021 Recreation Center Locker Replacement 303,412 27,027 - - 330,439 330,439 330,439 - Completed - 2022
15023 Recreation Center HVAC Upgrade 7,500 44,945 - 197,555 250,000 250,000 250,000 - Carryover. To Be Completed - 2023
15024 Recreation Center ADA Parking 865 19,135 - - 20,000 20,865 20,865 - Completed - 2022
15025 Metcalf Family Cabin Feasibility Analysis - - 20,000 20,000 20,000 20,000 20,000 - Carryover. To Be Completed - 2023
15028 Recreation Center Pool Replastering 202,980 1,160 - - 204,140 205,000 205,000 - Completed - 2022
15029 Recreation Center Aquatics Remodel Plan and Design - - - 50,000 50,000 700,000 700,000 - Carryover. To Be Completed - 2023
15030 Pavilion Ramp - - - - - 100,000 - (100,000) Cancelled
15031 Water Slide Repair and Diving Board - 33,070 - - 33,070 45,788 45,788 - Completed - 2022
15032 Sauna / Steam room Remodel - 7,867 - 99,897 107,764 75,000 107,764 32,764 Carryover. To Be Completed - 2023
Public Art - "Mother's Pride"- - - 30,000 30,000 - 30,000 30,000 New Project 2023
Other Facilities:
19008 EV Charging Stations (6)- 226,395 - - 226,395 257,500 257,500 - Completed - 2022
19009 2120 Saddle Ridge Loop Window Replacement - - - 40,000 40,000 40,000 40,000 - Carryover. To Be Completed - 2023
19010 Heat Recovery Controls Replacement - - 251,000 251,000 251,000 251,000 251,000 - New Project 2023
Land and Land Improvements:
21027 O'Neil Spur Park Improvements Design - - - 20,000 20,000 20,000 20,000 - Carryover. To Be Completed - 2023
21053 Nottingham Park West Courts Reconstruction 24,853 1,384,494 - - 1,409,347 1,432,523 1,432,523 - Completed - 2022
21054 Wildland Fire Mitigation - 40,000 40,000 40,000 NA NA NA - Ongoing
21055 Power Line Undergrounding 333 1,200 - 118,467 120,000 120,000 120,000 - Carryover. To Be Completed - 2023
21057 O'Neil Spur Park Parking Lot Rebuild - - - - - 100,000 - (100,000) Consolidated w/ CIP32045
21058 North Restrooms - Nottingham Lake Beach 19,942 39,812 - 480,246 540,000 540,000 540,000 - Carryover. To Be Completed - 2023
21061 Beach Expansion Planning 865 - - - 865 20,000 865 (19,135) Cancelled
21062 Nottingham Park - Irrigation Replacement Design - - 75,000 125,000 125,000 125,000 125,000 - New Project 2023
(1)(2)(3)(4)(1+2+4)
Revised
2021 and Original Amended Estimated Difference
Account Prior Audited Budget Budget #1 Project-to-Date Increase
Number Description Actuals 2022 2023 2023 Expenditures Current Proposed (Decrease)Project Status
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #412023 Supplemental Amendment #1
21063 Saddleridge Park Refresh - - 25,000 25,000 25,000 100,000 100,000 - New Project 2023
21064 Park Water Fountain Replacement - - 75,000 75,000 75,000 75,000 75,000 - New Project 2023
Roads and Streets:
Streetscape Improvements:
31030 Mall Activation Elements 16,701 9,878 - 13,421 40,000 40,000 40,000 - Carryover. To Be Completed - 2023
31031 Avon Rd./I70 Aesthetics Improvements 908,093 227,576 - - 1,135,669 1,150,000 1,150,000 - Completed - 2022
32035 Metcalf Road - Retaining Wall Stabilization - - - 80,000 80,000 80,000 80,000 - Carryover. To Be Completed - 2023
Street Improvements:
Annual Street Maintenance and Repair:
32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd.6,179 1,263 50,000 192,558 200,000 200,000 200,000 - Carryover. To Be Completed - 2023
32030 Avon Road Safety Improvements - 69,196 150,000 150,000 NA NA NA - Ongoing
32032 Hurd Lane Intersection Improvements 7,030 2,927 - - 9,957 20,000 20,000 - Completed - 2022
32033 W. B/C Blvd. - US Hwy 6 to Avon Elem.- 29,470 830,000 1,320,043 1,349,513 860,000 1,349,513 489,513 Carryover. To Be Completed - 2023
32034 Buck Creek Repairs 580,467 2,518 - - 582,985 800,000 800,000 - Completed - 2022
32036 Fawcett Road Asphalt Overlay - 25,456 440,000 414,544 440,000 440,000 440,000 - Carryover. To Be Completed - 2023
32037 W. B/C Blvd. - Concrete Repairs - - - 223,701 223,701 200,000 223,701 23,701 Carryover. To Be Completed - 2023
32038 Metcalf Road Culvert Repair 41,610 2,210 - 450,000 493,820 450,000 493,820 43,820 Carryover. To Be Completed - 2023
32040 Metcalf Road Manhole Repair - 15,055 - - 15,055 14,000 14,000 - Completed - 2022
32041 Millie's Lane Asphalt Overlay - 42,653 - - 42,653 46,523 46,523 - Completed - 2022
32042 East Beaver Creek Blvd. Repair Project - 28,806 - - 28,806 28,806 28,806 - Completed - 2022
33220 Annual Guard Rail Improvements 45,703 6,230 40,000 40,000 NA NA NA - Ongoing
33221 Asphalt Seal Coat Roadway & Parking Lots - - 200,000 485,000 485,000 200,000 485,000 285,000 New Project 2023
32043 Upper Buck Creek Repairs / Asphalt Overlay - - 1,292,748 1,292,748 1,292,748 1,292,748 1,292,748 - New Project 2023
32044 Swift Gulch Road - Buffalo Ridge Asphalt Overlay - - 60,000 60,000 60,000 673,474 673,474 - New Project 2023
32045 Old Trail Road Asphalt Overlay - - 63,000 63,000 63,000 689,701 789,701 100,000 New Project 2023
(1)(2)(3)(4)(1+2+4)
Revised
2021 and Original Amended Estimated Difference
Account Prior Audited Budget Budget #1 Project-to-Date Increase
Number Description Actuals 2022 2023 2023 Expenditures Current Proposed (Decrease)Project Status
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #412023 Supplemental Amendment #1
32046 WBCB River Bridge Deck Repair Railing Upgrade - - 225,000 250,000 250,000 250,000 250,000 - New Project 2023
32047 Avon Road Pedestrian Crosswalk Repairs - - 50,000 50,000 50,000 50,000 50,000 - New Project 2023
Multi-Modal/Alternative Mobility:
32039 US Hwy 6 & Stonebridge Rd. Roundabout - 369,712 4,200,000 4,230,288 4,600,000 4,600,000 4,600,000 - Carryover. To Be Completed - 2024
34044 June Creek Emergency Access 7,127 1,791 - 101,082 110,000 110,000 110,000 - Carryover. To Be Completed - 2023
Recreational Trails Program:-
34041 Lee's Way Trail Rebuild - 600 - - 600 50,000 50,000 - Completed - 2022
34045 Recreation Trail Path Recon. - Lower Athletic Field - 13,238 794,000 852,762 866,000 866,000 866,000 - Carryover. To Be Completed - 2023
34046 Hurd Lane - Recreation Trail Reconstruction - - 205,000 205,000 205,000 205,000 205,000 - New Project 2023
34047 Eagle Valley Trail - West Reconstruction - - 325,000 325,000 325,000 325,000 325,000 - New Project 2023
Utility Projects:
21026 Nottingham Rd. Debris Flow Improvements and Water Quality 376,140 178,000 - 46,670 600,810 600,810 600,810 - Carryover. To Be Completed - 2023
21029 GIS Implementation - Drainage Infrastructure Layers - 52,176 125,000 - 52,176 225,000 52,176 (172,824) Cancelled
61011 Tract A Drainage Improvements - - - 50,000 50,000 50,000 50,000 - Carryover. To Be Completed - 2023
61012 Nottingham-Puder Ditch Piping - 23,512 756,250 1,089,085 1,112,597 818,750 1,112,597 293,847 Carryover. To Be Completed - 2023
61013 330 Nottingham Road Drainage Improvements - - 75,000 75,000 75,000 575,000 575,000 - New Project 2023
61014 400 West Beaver Creek Blvd. Drainage Improvements - - 75,000 75,000 75,000 575,000 575,000 - New Project 2023
Planning and Consulting:
79114 Schematic Design / Final Design - W. Main Street - 31,544 175,000 243,456 275,000 275,000 275,000 - Carryover. To Be Completed - 2023
Communications and Technology:
81011 Broadband 44,598 - 60,000 80,402 125,000 125,000 125,000 - Carryover. To Be Completed - 2023
81015 Finance/Comm Dev. ERP System 165,055 22,820 - 87,415 275,290 275,290 275,290 - Carryover. To Be Completed - 2023
81016 Mini-split NTH Data Center - 12,070 - - 12,070 20,000 20,000 - Completed - 2022
(1)(2)(3)(4)(1+2+4)
Revised
2021 and Original Amended Estimated Difference
Account Prior Audited Budget Budget #1 Project-to-Date Increase
Number Description Actuals 2022 2023 2023 Expenditures Current Proposed (Decrease)Project Status
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #412023 Supplemental Amendment #1
81019 Microsoft Teams Phone System Migration - 38,547 19,338 25,866 64,413 64,413 64,413 - Carryover. To Be Completed - 2023
81020 Surveillance NVR Server Consolidation and Replacement - - - 32,000 32,000 32,000 32,000 - New Project 2023
81021 Nottingham Park Wi-Fi Access - - 150,000 150,000 150,000 150,000 150,000 - New Project 2023
Total Capital Improvement Projects 3,782,926$ 4,802,311$ 14,486,336$ 18,949,123$ 27,143,231$ 29,599,011$ 30,605,697$ 1,006,686$
