TC Council Packet 04-23-2013
TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, APRIL 23, 2013
MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 13.04.09
Page 2
PRESIDING OFFICIALS
MAYOR RICH CARROLL
MAYOR PRO TEM TODD GOULDING
COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER, ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS.
GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC.
PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MATERIALS.
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY.
THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH.
__________________________________________________________________________________________________________________
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF AGENDA
4. PUBLIC COMMENT
5. ACTION ITEM
5.1. RECOGNITION OF PLANNING AND ZONING COMMISSION MEMBERS’ SERVICE
5.1.1. Resolution No. 13-14, Recognizing Chris Green’s Years of Service on Planning and Zoning
Commission
5.1.2. Resolution No. 13-15, Recognizing Paul Anderson’s Years of Service on Planning and Zoning
Commission
6. PLANNING AND ZONING COMMISSION INTERVIEWS
6.1. Council Interview Process: Review of Questions & Municipal Code Qualifications Criteria
6.1.1. Interview of Candidate #1 – Tab Bonidy – (5:50pm-6:15pm)
6.1.2. Interview of Candidate #2 – Jim Clancy – (6:20pm-6:45pm)
6.1.3. Interview of Candidate #3 – Matthew Dobrowolski – (6:50pm-7:15pm)
6.1.4. Interview of Candidate #4 – Lindsay Hardy – (7:20pm-7:45pm)
7. ACTION ITEMS
7.1. Planning and Zoning Commission Member Selection by Town Council Open Ballot (Rich Carroll,
Mayor)
7.2. Action by motion and vote on PZC Recommendation for Planning and Zoning Commission Rules of
Procedure (Jared Barnes, Planner II)
7.3. Action on Eagle County Board of Commissioners request for a Public/Public Partnership for 2014
Funding of Four (4) – Foot Shoulders on US Highway 6 (Virginia Egger, Town Manager)
7.4. Approval of Minutes of April 9, 2013
8. WORK SESSION
8.1. 2012 Town of Avon Permitted Special Events Report (Danita Dempsey, Special Events Supervisor)
8.2. Proposed 2013 Special Events (Danita Dempsey, Special Events Supervisor)
8.3.Process for 2014 Special Events Development and 2015 World Championships Planning (Virginia
Egger, Town Manager)
TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, APRIL 23, 2013
MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 13.04.09
Page 3
8.4. Introduction of Draft Town of Avon Comprehensive Annual Financial Report for 2012 (draft Audit)
(Scott Wright, Finance Director)
8.5. Village at Avon Updates (Eric Heil, Town Attorney)
9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
9.1. ECO Board Meeting (Buz Reynolds, Councilor)
9.2. Regional Collaboration Meeting (Rich Carroll, Mayor )
10. COUNCIL COMMENTS
11. MAYOR REPORT: FUTURE AGENDA ITEMS
12. WRITTEN REPORTS
12.1. Nottingham Lake Liner Update
12.2. Hahnewald Barn Update
12.3. Stonebridge Update
12.4.Financial Matters Packet
13. EXECUTIVE SESSION
Meet with Town Attorney for the purpose of receiving legal advice to specific legal questions pursuant to
Colorado Revised Statute §24-6-402(4)(b) related to status of settlement document finalization and
implementation regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek,
LLC, et al. v Town of Avon 2010 CV 316
14. ADJOURNMENT
FUTURE AGENDAS AND PROPOSED AGENDA ITEMS
MAY 14, 29013 MEETING WILL BE CANCELED
MAY 28, 2013 COUNCIL MEETING: MALL SITE WALK; BUDGET AMENDMENT; ADOPTION OF 2012 AUDIT
TOWN OF AVON, COLORADO
Resolution No. 13-13 Series of 2013
A RESOLUTION IN APPRECIATION OF CHRIS GREEN’S YEARS OF SERVICE AS A
TOWN OF AVON PLANNING AND ZONING COMMISSIONER
WHEREAS, Chris Green served the citizens of Avon from 2005 to 2013, in his role as Planning
and Zoning Commissioner for four (4) consecutive terms; and
WHEREAS, Chris has abided by his oath and has served the Town well through his many
hours attending special meetings, subcommittee meetings, and Planning and Zoning Commission
meetings; and
WHEREAS, Chris has consistently gone above and beyond the call of duty to serve the
citizens of Avon, by making every effort to promote the vibrancy and prosperity of the community
over a period of eight (8) years; and
WHEREAS, Chris’s service has been exemplary in his positive leadership role as the
Chairperson to the Planning and Zoning Commission, running meetings efficiently, setting the
highest standard in public service, and mentoring and guiding fellow Planning and Zoning
Commission members; and
WHEREAS, Chris’s extensive knowledge and talent as an architect have proved invaluable
when reviewing design review plans for physical construction in the Town; and
WHEREAS, Chris is to be commended and congratulated in his role managing the review of
several Master Plan documents including the Comprehensive Plan, the Harry A. Nottingham Park
Master Plan, the East Town Center Plan, and the West Town Center Plan; and
WHEREAS, Chris Green’s presence and contributions to the Planning and Zoning Commission
and his input and direction provided on behalf of the citizens of Avon will be missed.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, AS FOLLOWS:
The sincere thanks of the Town Council, the residents and the staff of the Town of Avon are
extended to Chris Green for his significant role in helping Avon achieve its full potential as a
community where a diversity of people live, work and play.
THIS RESOLUTION IS ADOPTED THIS 23RD DAY OF APRIL 2013.
TOWN COUNCIL, AVON, COLORADO ATTEST:
_____________________________ ________________________________
Rich Carroll, Mayor Patty McKenny, Town Clerk
TOWN OF AVON, COLORADO
Resolution No. 13-14, Series of 2013
A RESOLUTION IN APPRECIATION OF PAUL ANDERSON’S YEARS OF SERVICE AS A
TOWN OF AVON PLANNING AND ZONING COMMISSIONER
WHEREAS, Paul Anderson served the citizens of Avon from 2009 to 2013, in his role as
Planning and Zoning Commissioner for two (2) consecutive terms; and
WHEREAS, Paul has abided by his oath and has served the Town well through his many hours
attending special meetings, subcommittee meetings, and Planning and Zoning Commission
meetings; and
WHEREAS, Paul has consistently gone above and beyond the call of duty to serve the citizens
of Avon, by making every effort to promote the vibrancy and prosperity of the community over a
period of four (4) years; and
WHEREAS, Paul’s knowledge of construction techniques and engineering practices have
provided value and insight to other Commission members and Town staff when reviewing complex
development applications; and
WHEREAS, Paul is to be commended and congratulated in his role reviewing Master Plan
documents such as the Transportation Plan and the Trails Master Plan; and
WHEREAS, Paul’s presence and contributions to the Planning and Zoning Commission and his
input and direction provided on behalf of the citizens of Avon will be missed.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, AS FOLLOWS:
The sincere thanks of the Town Council, the residents and the staff of the Town of Avon are
extended to Paul Anderson for his significant role in helping Avon achieve its full potential as a
community where a diversity of people live, work and play.
THIS RESOLUTION IS ADOPTED THIS 23RD DAY OF APRIL 2013.
TOWN COUNCIL, AVON, COLORADO ATTEST:
______________________________ ________________________________
Rich Carroll, Mayor Patty McKenny, Town Clerk
PZC Appointments
April 23, 2013 Town Council Meeting Page 1 of 6
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Matt Pielsticker, Senior Planner
Date: April 18, 2013
Agenda Topic: Planning and Zoning Commission Appointments
Summary
The Community Development Department received four (4) applications for three (3) positions on the
Avon Planning and Zoning Commission (“PZC”). The three (3) positions are set to expire on May 1, 2013.
Appointment of members to the PZC is included on the April 23, 2013 Regular Town Council meeting
agenda.
Below is a summary of the positions expiring and the continuing members:
Expiring Terms (5/1/13 Term Expiration)
Chris Green Architect, Ago Studios / Non‐Resident
Paul Anderson Engineer, Marcin Engineering / Non‐Resident
Jim Clancy Patroller, Beaver Creek & Construction Professional / Resident
Continuing Terms (5/1/14 Term Expiration)
Timothy Losa Architect, Zehren & Associates / Non‐Resident
Phil Struve Retired (Technology Management) / Resident
Scott Prince Home Mortgage Consultant, Wells Fargo Bank / Resident
John Minervini Retired (Currently teaching Business at CMC) / Resident
Background
The purpose of the PZC is to act in an advisory capacity to the Town Council. The PZC’s role is to
review and recommend to the Town Council desirable or necessary modifications to the zoning
ordinance, subdivision regulations, and to review and approve design review procedures and criteria
as they relate to the zoning ordinance. The PZC also acts as the Design Review Board of the Town and
performs all duties and exercises related thereto. Comprehensive Planning and updates to long range
plans is another essential function of PZC.
Given the dual role in dealing with both zoning and design review authority for the Town, the Avon
Municipal Code recognizes that a balance in membership is necessary between the lay community and
industry professionals.
Municipal Code Requirements – Attachment A
The Avon Municipal Code (‘AMC”) requires that at least five (5) members shall be registered electors
of the Town at the time of their appointment. The AMC also recommends that a minimum of two (2)
PZC Appointments
April 23, 2013 Town Council Meeting Page 2 of 6
to three (3) industry professionals hold positions at all times, and that two (2) of these professionals
be architects, landscape architects or designers.
After consideration has been given first to industry professionals, the AMC states that Council should
then consider the following criteria in descending order:
1. Registered electors of the Town shall be preferred over persons who are not registered
electors.
2. Persons having special skills and experience of particular value to the Commission should be
preferred over persons who do not.
Applicants – Attachment B
As of Tuesday, April 16, 2013, the Town received four (4) applications for the open seats. All received
applicant information is attached to this report for your review as Attachment B. During the Regular
Meeting on April 23, 2013, Council will interview the following applicants in twenty‐five (25) minute
time slots:
- Tab Bonidy. Architect & Owner of TAB & Associates / Resident
- Jim Clancy. Patroller & Mtn Operations at Beaver Creek Mountain / Resident
- Matthew Debrowolski. Radiographer at VVMC / Resident
- Lindsey Hardy. Architect Intern at VAG / Non‐Resident
Recommended Interview Process
Staff recommends that Council conduct the meeting in the following order:
1. Discuss the list of desired qualifications of PZC members from the Municipal Code, as outlined
in this Report and attached hereto.
2. Review Questions outlined below and amend the list of questions as deemed necessary.
Determine how Council will ask the questions.
3. Interview Candidates
a. Tab Bonidy – (5:50PM‐6:15PM)
b. Jim Clancy – (6:20PM‐6:45PM)
c. Matthew Dobrowolski – (6:50PM‐7:15PM)
d. Lindsay Hardy ‐ (7:20PM‐7:45PM)
4. Town Clerk distributes ballots to all Council members present.
5. Voting.
6. Town Clerk states for the record who each member voted for with a final tabulation.
PZC Appointments
April 23, 2013 Town Council Meeting Page 3 of 6
Suggested Interview Questions
Considering the variety of duties that a Commissioner is charged with as your appointed advisory
body, staff recommends that you treat each interview consistently and at a minimum ask a set group
of questions to each candidate, with additional follow‐up or new questions being asked as the
interview proceeds. Staff offers the following suggested questions:
1. Please take a few minutes to introduce yourself and share with us why you are interested in
becoming an Avon Planning Commissioner?
2. Are there any specific land use planning, architectural or building trades, skills and capabilities
which you would bring to the Commission?
3. You received a copy of the 2013‐2014 Strategic Plan and 2013 Work Plan approved by Council
earlier this year. What are your thoughts on the Plan and the work described for the Planning
Commission?
4. What do you feel are the most challenging development growth issues facing the Town of
Avon? What are your thoughts about how the Town should develop or redevelop?
5. Even with the land use code, the Commission members can have different views and opinions,
how do you participate in a group of various views and how do you help move to a conclusion
or consensus?
6. The work of the Planning Commission, in addition to attending the two meetings per month,
can include significant time in reading application materials and in working on land use plans,
such as the Comprehensive Plan Update. Do you feel you have the time needed to be on the
Commission?
7. Thank you for your consideration of this position. Do you have any questions for us?
Attachments
A – Avon Municipal Code §7.12.040, Planning and Zoning Commission
B – Applicant’s Information
PZC Appointments
April 23, 2013 Town Council Meeting Page 4 of 6
Attachment A
7.12.040 Planning and Zoning Commission.
(a) Establishment and Purpose. There is hereby established a Planning and Zoning Commission of the
Town. The purposes of the Planning and Zoning Commission (PZC) are as follows:
(1) To implement the goals and policies of the Avon Comprehensive Plan;
(2) To guide and accomplish a coordinated, adjusted and harmonious development of the Town and its
environs, that will, in accordance with present and future needs, best promote health, safety, morals,
order, convenience, prosperity, quality of life and general welfare, as well as efficiency and economy in
the process of development, including, among other things, adequate provision for traffic, the promotion
of safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of
healthful and convenient distribution of population, the promotion of good civic design and arrangement,
wise and efficient expenditure of public funds and the adequate provision of public utilities and other
public requirements;
(3) To promote health and general welfare; to provide adequate light and air; to prevent the
overcrowding or inefficient use of land; to avoid undue concentration or dispersal of population; and to
facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public
requirements;
(4) To preserve the natural beauty of the Town's site and setting; to prevent indiscriminate clearing of
property, removal of trees and earthmoving; and to attain the objectives set out in the Development Code
through design review of the exterior design of all new structures and property development and additions
to all existing structures and property development.
(5) The PZC shall serve as a design review board for the Town. The purposes of the PZC when acting
as the design review board are as follows:
(i) To ensure that the architectural design of vertical structures and their materials and colors conform
with the Town's overall appearance, with surrounding development if appropriate, with natural and existing
landforms, with the standards identified in the Development Code and with officially approved development
plans, if any, for the areas in which the structures are proposed to be located;
(ii) To ensure that the location and configuration of vertical structures, including signs and
signage, are contextually appropriate to their sites and with surrounding sites and structures if
appropriate and that the structures and signage conform to the requirements of the Development Code;
(iii) To ensure that plans for the landscaping of property and open spaces conform with the rules
and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on
the same site and on adjoining and nearby sites as determined by the Development Code; and
(iv) To prevent excessive or unsightly grading of property that could cause disruption of natural
watercourses or scar natural landforms.
(b) Duties. The PZC shall have the following functions and duties:
PZC Appointments
April 23, 2013 Town Council Meeting Page 5 of 6
Attachment A
(1) Review development applications, amendments to the Avon Comprehensive Plan and amendments
to this Development Code, provide recommendations to the Town Council and render decisions as such
authority is indicated in this Chapter 7.12;
(2) Upon request and direction by the Council, make and recommend plans for the physical
development of the Town, including any areas outside its boundaries, subject to the approval of the
legislative or governing body having jurisdiction thereof;
(3) Upon request and direction of the Council, conduct research, prepare studies, review other matters which
are related to the present conditions and future growth of the Town, and provide comments and
recommendations thereon to the Council; and
(4) Review and make recommendations to the Council about the design of proposed development,
with due regard for design standards of this Development Code and other design criteria and guidelines
adopted by the Town, code text amendments that address design review procedures and criteria and any
design review guidelines for the Town relating to bulk and design regulations to be imposed or that
establish design standards for specific uses, types of uses, parking standards, streetscapes or other similar
items.
(c) Membership. The PZC shall be composed of seven (7) members appointed by the Council.
(d) Qualifications of Members. Registered electors residing in the County shall be eligible for appointment, but
at least five (5) members shall be registered electors of the Town at the time of their appointment to the PZC.
The composition of PZC shall strive to achieve a balance in the membership between the lay community and
industry professionals (architects, landscape architects, designers, real estate developers and/or contractors) in
order to efficiently and effectively perform the design review functions of the PZC. Appointments should be
made first to maintain the balance between industry professionals and the lay community (it is recommended
that a minimum of two [2] to three [3] industry professionals hold positions on the PZC at all times and that two
[2] of these professionals be architects, landscape architects or designers). Registered electors of the Town
should be preferred over persons who are not registered electors. Persons having special skills and experience of
particular value to the PZC should be preferred over persons who do not.
(e) Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business, but in
the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence
of all members, any staff member shall adjourn any meeting to a later time or date.
(f) Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of
the PZC who ceases to possess the qualifications for office that the member possessed at the time of
appointment may be permitted by the Council to serve until the end of the appointed term, provided that
the PZC member continues to reside in the County. A member of the PZC may be removed by Council
pursuant to Subsection (h), Removal from Office, below.
(g) Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the
Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90)
days, resigns, ceases to be a registered elector of the County or is convicted of a felony. In the event a
vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the
term of the former member.
PZC Appointments
April 23, 2013 Town Council Meeting Page 6 of 6
Attachment A
(h) Removal from Office. A member of the PZC may be removed for misconduct, conduct unbecoming of
a Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused
absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall
provide written notice to the PZC member stating the grounds for removal at least three (3) days prior to
the hearing.
(i) Officers. The PZC shall select its own chairperson, a vice chairperson and a secretary from among its
members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its
meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall
appoint a member to serve as acting chair at the meeting.
(j) Compensation. All members of the PZC shall serve with compensation at a rate established annually
by the Council and be reimbursed for all authorized personal expenses incurred while performing duties
as a PZC member.
(k) Staff. The Director shall serve as the staff of the PZC and shall provide for the service of a recording
secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving applications
and other material for consideration for the PZC.
(l) Rules and Regulations. The PZC shall operate in accordance with its own rules of procedure as
provided for in Section 11.2 of the Town Charter; provided, however, that the PZC shall submit its
proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or
amendment and direct their adoption by the PZC or disapprove the proposal with directions for revision
and resubmission. The rules shall be filed with the Town Clerk and maintained in the records of the Town
and shall be subject to public inspection. The PZC may provide for certain variances, exceptions and
exemptions from the requirements of its rules and regulations.
(m) Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC and otherwise
upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be
held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties.
(n) Material to be submitted. The PZC shall adopt rules and regulations including procedures and
schedules for applications requiring action by the PZC.
(o) Agenda. The PZC may schedule the review of applications on the next available agenda when the next
agenda is full and will likely result in an overly long meeting.
(p) Authority to Retain Consultants. The PZC is authorized to retain the services of one (1) or more consultants,
provided that funds have been appropriated by the Town for said purpose or paid as part of the application fee
by the applicant, to advise and assist the PZC in performing the functions prescribed in this Section. The
consultants may be retained to advise the Commission on a single project, on a number of projects or on a
continuing basis. (Ord. 10-14 §3)
1
Matt Pielsticker
Subject:Interest in Avon Planning and Zoning Commission
Attachments:RES-TAB.pdf
From: Tab Bonidy [mailto:tab@tabassociates.com]
Sent: Wednesday, March 20, 2013 5:28 PM
To: Peggy Hatley
Subject: Interest in Avon Planning and Zoning Commission
Peggy,
I am interested in being considered for the Town of Avon Planning and Zoning Commission. My three references are as
follows:
Dave Dantas (970) 376-6111 dave@dwdantas.com
Buz Reynolds (970) 904-4226 breyncorp@aol.com
Chris Evans (970) 471-5147 CEvans@evanschaffee.com
Please find my Resume attached.
Attachments: RES-TAB.pdf
TAB Associates, Inc.
The Architectural Balance
Tab Bonidy, NCARB
56 Edwards Village Blvd.
Suite 210
Edwards, CO 81632
(970) 766-1470 x103
(970) 766-1471 fax
tab@tabassociates.com
www.tabassociates.com
Attachment B
Tab Bonidy
General Summary:
Responsible for and as office manager, project manager, contract negotiation, project architect, client contact,
programming, design, presentation, working drawings, specifications, value engineering, shop drawing review,
construction administration, computer management, CADD management and operation, customization, installation
and training. Responsible for or as part of a team for the architecture of over $500 million worth of construction,
lifetime.
Professional Affiliations:
Registered Architect, State of Colorado
License number: 202008 - September 20, 1984
Registered Architect, State of North Carolina
License Number: 9487 - July 23, 2003
Registered Architect, State of Montana
License Number: 2595 - January 6, 2004
Registered Architect, State of South Carolina
License Number: 7599 - August 2, 2007
NCARB Certified - 31,084 - December 28, 1984
Construction Specifications Institute (CSI)
International Conference of Building Officials (ICBO)
American Solar Energy Society (ASES)
American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE)
Colorado Renewable Energy Society (CRES)
Architectural Experience:
TAB Associates, Inc.
Avon, Colorado
Position: President
September 1997 to Present
Vail Architecture group, Inc.
Vail, Colorado
Position: Founder / President / Principal
September 1996 to September 1997
Zehren and Associates, Inc.
Avon, Colorado
Position: Architect / MIS Director / Senior Associate
September 1993 to August 1996
environmental design specialists
Avon, Colorado and Evergreen, Colorado
Position: Owner
September 1984 to August 1996
Pouw & Associates, Inc.
Denver, Colorado
Position: Architect / Director of CADD Operations
February 1993 to August 1993
Ossian Swanson Bonidy Architects
Englewood, Colorado
Position: Architect / Production Principal
September 1992 to January 1993
Hammel Green and Abrahamson, Inc.
Denver, Colorado
Position: Architect / Director of Production - Denver
Office (closed September 1992)
June 1992 – September 1992
Haller & Larson, Ltd. (H+L Architecture)
Denver, Colorado
Position: Architect / Director of CADD Operations
September 1989 - May 1992
Moyes Associates
Evergreen, Colorado
Position: Architect / CADD Manager
July 1984 - August 1989
Barry Sugarman, Architect
North Miami, Florida
Position: Project Architect
November 1982 - March 1984
Filer, Hammond, Cruz and Associates, PA
Coral Gables, Florida
Position: Project Team Leader
May 1979 - July 1981
Education:
Arizona State University University of Miami
Masters of Environmental Planning - August 6, 1982 Bachelor of Architecture - May 5, 1981
Attachment B
Attachment B
H. James Clancy
P.O. Box 1848, Edwards, CO 81632, 970-331-6076
hjclancy@comcast.net
Professional Profile
Dedicated ski industry professional with 20 years of experience in operations and project
management. Long-standing track record of excellent leadership skills within a uniquely diverse
range of positions. Aspiring to expand experience by developing sustainable strategies within the
ski industry.
Proven Expertise
*Budget management *Schedule management *LEED Green Associate
*Proposal analysis *Solid interpersonal skills *Quality control
*Conflict management *Prioritization *Product assessment
Professional Experience
Vail Resorts, Design Review Administration 2012-Present
Manager
*Coordinate plan review process via presentation of staff reports and recommendations to
Design Review Boards.
* Manage active projects from design approval through construction completion.
* Build positive relationships with associations, developers, architects, property owners and
contractors to ensure understanding of design guidelines and construction regulations.
Town of Avon, Colorado 2011-Present
Planning and Zoning Commissioner
Beaver Creek Resort, Mountain Operations 2010-2012
Carpenter
Vail Resorts Development Company, Design & Construction Department
Project Manager 2004-2009
Responsible for managing Vail Resorts capital projects from conceptual inception through planning,
design, and construction.
*Managed 39 projects with total budgets in excess of $22,000,000.
*Coordinated with operations groups to develop project scopes.
*Prepared conceptual and pre-construction budgets and managed budgets throughout
design and construction. Executed value-engineering process as required. Reviewed and
approved design changes and change orders.
*Wrote Requests for Proposals and analyzed proposals. Selected and hired architects,
engineers, interior designers, general contractors and other consultants. Negotiated and
implemented contract details.
*Oversaw design process and day-to-day construction activities to ensure that budget,
schedule, defined scope and quality standards would be met.
*Interfaced communications between all consultants, general contractor and operator.
*Implemented all necessary permitting with building departments, health departments,
water districts, and design review boards.
*Managed schedules for design and construction process ensuring resort operations
priorities would be met.
*Coordinated selection and procurement of chosen items.
*Generated punch lists and managed project close out process.
*Facilitated resolution of warranty items.
*Performed feasibility and cost analysis for potential future projects.
Attachment B
Bachelor Gulch Design Review Board
Board Member 2006 - 2009
*Chairman of the Board – December 2007-January 2009.
Beaver Creek Resort
Ski Patroller 1997-2004, 2009-2012
*Accident Investigation Department Leader.
*Race Patrol for Birds of Prey World Cup & World Championship Speed Events.
*Race Patrol for 2002 Winter Olympics Speed Events at Snowbasin, Utah.
*Created weekly patrol schedules.
*Obtained State of Colorado Explosives Permit.
*Level I & II Avalanche class instructor.
*Scheduled and oversaw new patroller training.
*Outdoor Emergency Care and toboggan trainer.
*Flight For Life - Rapid Avalanche Deployment Team, Avalanche Technician.
Vail Resorts Development Company
Design Review Board Inspector 2001-2003
*Performed DRB inspections on all construction projects in Beaver Creek, Bachelor Gulch,
Arrowhead and Red Sky Ranch.
*Performed plan reviews and wrote staff reports for four Design Review Boards.
*Maintained working relationship with each project’s architect and builder to effectively
resolve issues throughout the design and construction process.
*Enforced construction rules and regulations as they applied to each resort.
Vail Resorts Development Company
General Carpenter 2000
Eldora Mountain Resort
Ski Patroller 1992-1997
*Patrol Foreman – 1996-1997.
- Oversaw staff of 20 professionals and 75 volunteers.
- Wrote and presented patroller performance evaluations.
*Accident Investigation Team Leader.
*Trainer and tester for professional and volunteer staff.
Education
Master of Business Administration in Sustainability, San Francisco Institute of Architecture,
April 2013
Construction Management Certificate, Colorado State University, Spring 2010
Green Building Certificate, Colorado State University, Fall 2009
Emergency Medical Technician, SOLO School for Wilderness Medicine, 1992
Bachelor of Arts, St. Lawrence University, Canton, NY, 1991
Distinctions
Patroller Of the Year, Beaver Creek Ski Patrol, 2000-2001 & 2010-2011
Employee Of The Month, Beaver Creek Resort, February 2000
Outstanding Professional Patroller, Eldora Mountain Resort, 1995-1996
Attachment B
1
Matt Pielsticker
Subject:Application for P & Z Council
Attachments:Matthew Dobrowolski.pdf
From: Peggy Hatley
Sent: Monday, March 18, 2013 12:48 PM
To: Matt Pielsticker
Subject: Application for P & Z Council
Hi Matt,
Attached is an application for the P & Z Board.
Peggy Hatley
HR Assistant
Town of Avon
phatley@avon.org
970 748-4025 Direct
Attachment B
At
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B
1
Matt Pielsticker
Subject:Town of Avon Planning and Zoning
Attachments:Lindsay L. Hardy - Resume 2013.docx; TOA Application.jpg
From: Lindsay Hardy [mailto:lindsaylhardy@gmail.com]
Sent: Sunday, April 07, 2013 8:44 PM
To: Peggy Hatley
Subject: Town of Avon Planning and Zoning
Good Morning!
My Name is Lindsay Hardy. I thank you for taking the time to consider my Resume. I am a passionate
individual about planning and development. I studied Architecture with an emphasis in Town Planning and
New Urbanism at the University of Miami. Our focus was always about the betterment of the community. I
have been living in the Vail Valley Area for 3 years now, and have been excited to learn and experience as
much as possible, especially concerning Architecture and Planning. I have had a few mentors, Including Alex
Iskendarian of VRDC, and Brent Arnold of Habitat for Humanity. I am eager to get involved, and gain
knowledge in as much as possible relating to these practices. I would make a great candidate and member of the
Avon Planning and Zoning Commission, and I believe the Current Commission would enjoy my Enthusiasm for
the subject and my Drive to be involved. I am well versed, and willing to learn as much as possible to be the
best candidate in this position.
Thank you for your time!
Lindsay L. Hardy
Attached is my Resume and Application.
Attachment B
LINDSAY L. HARDY
654 Stone Creek Dr. X7715 | Eagle‐Vail, Colorado, 81620 | 850.252.0742 | LindsayLHardy@gmail.com
OBJECTIVE
I am a Highly Motivated Individual looking to Join the Planning and Zoning Commission for the Town of
Avon. I have a Commitment and Passion to the Quality of Design, Construction, and Urban & Town
Planning and Development, and I am Seeking to Join the Town of Avon Planning Commission in
Sustaining and Preserving with the Same Commitments and Passion.
EDUCATION
Associate Degree [2003‐2005]
Gulf Coast Community College
Major: General; Minor: History/Psychology
Bachelor of Architecture [May 2010]
University of Miami
Major: Architecture; Minor: History, Psychology & Urban Studies
Preservation Certificate
SKILLS & ABILITIES
[Graphics]
Photoshop, InDesign, SketchUp, AutoCad, Model Making
Microsoft Word, Microsoft PowerPoint, Excel, Quickbooks
[Communication]
Many Years Experience with Personal Interactions, Presentations, Supervisor Experience, as well as
Leadership Roles.
[Leadership]
Served as a Lifeguard & Supervisor for Six Years. Providing excellent organizational skills with intense
people interactions & public relations fostering Guest and Lifeguard Satisfaction. Excellent experience
with support in Team environments.
Worked At the University of Miami Wellness Center Public Relations, Maintenance & ProShop.
EXPERIENCE & ACCOLADES
[Architectural Intern] 2007
Collins & Associates
Responsible for AutoCAD work, Construction Documentation, Office Administration, and Working and
establishing a strong Team atmosphere.
Onsite Training with the Architectural Engineer and Contractors.
I often shadowed the Proprietor of the firm, learning the ins and outs of the office and the business side
of the firm.
[Architectural Assistant/Full Time Intern] 2012‐2013
Vail Architecture Group
Responsible for Drawings, Redlines, Construction Schedules, and Interior Designs.
[Assistant]
H20 Tie Dyes
I was a Creative Collaborator and Assistant to the Proprietor of the Tie‐Dye company.
[Volunteer]
Habitat for Humanity
As a volunteer for Vail Valley Habitat for Humanity, constant onsite building, development,
digging for arrogation systems, as well as working with and organizing the sub‐contractors, as
well as working with other volunteers with enthusiasm.
[Preservation Certificate]
Knowledge & Application of Preservation
Miami Marine Stadium – Made Local Headlines, as well as acquiring a Standing in the “11 Most
Endangered” National Preservation List.
Attachment B
LINDSAY L. HARDY
654 Stone Creek Dr. X7715 | Eagle‐Vail, Colorado, 81620 | 850.252.0742 | LindsayLHardy@gmail.com
[Haiti Charrette]
Participated in the Haiti Charrette held at the University of Miami. I worked with the delegates from
the Dominican Republic, sharing ideas, and design options for rebuilding and rehabilitating Haiti after
the earthquake. I completed renderings and sketches for a cross border market scheme. The final
presentations were presented to a world audience in New York City and Published in the New York
Times. These and other Documents were further published and presented about rebuilding within
Haiti. (New York Times)
[Accolades]
2010 – Historical Concepts Award for Best Urban Design Project & Contribution to a Studio
Environment. (future publication)
2009 – My Project on Global Warming in the Era of Climate Change was presented at the 2009 Global
Conference on Global Warming in Istanbul
2009 – Preservation Efforts Sustained Conservation Funding and Community Support for the Miami
Marine Stadium. Our Efforst Generated National News with Multiple Publications – New York Times,
Preservation Magizine, Miami News Hearld)
http://www6.miami.edu/communications/homepage/marinestadium/
2010 ‐‐ Placed 3rd and 10th in the AIA 2010 Photo Contest
2012—Habitat for Humanity (Edwards Location)
2011‐2012 – Multiple Publications in the Bay County New Herald. I often wrote letters to the editor of
the local news paper back home discussing the planning and architecture failures, possibilities, and
future for Panama City Beach. This series of letters were meant to encourage and educate the local
population about what the town could be and should be if only it aspired to be more than just a
Spring Break Town; thus, how to develop into a proper community through it regulations and
planning through developers and town planning.
LOCAL JOBS AND EXPERIENCE
Beaver Creek Guest Services – 2010/11 & 2011/12 Winter Season
Red Sky Ranch – Guest Service Attendant – 2011 & 2012 Summer Season
Town of Avon Recreation Center – Front Desk Attendant – 2011 & 2012
Eagle Valley Habitat for Humanity – Volunteer – Summer of 2012
Vail Architecture Group – Full Time Architectural Intern (Practicing, non Licensed) – 2012 & 2013,
Current
CLOSING
I thank you for taking the time to consider my Resume. I am a passionate individual about planning
and development. I studied Architecture with an emphasis in Town Planning and New Urbanism. Our
focus was always about the betterment of the community. I have been living in the Vail Valley Area
for 3 years now, and have been excited to learn and experience as much as possible, especially
concerning Architecture and Planning. I have had a few mentors, Including Alex Iskendarian of VRDC,
and Brent Arnold of Habitat for Humanity. I am eager to get involved, and gain knowledge in as much
as possible relating to these practices. I would make a great candidate and member of the Avon
Planning and Zoning Commission, and I believe the Current Commission would enjoy my Enthusiasm
for the subject. I am well versed, and willing to learn as much as possible to be the best candidate in
this position.
REFERENCES
Avon Recreation Center
Dan Ludwick– Supervisor
970.748.4054
Vail Architecture Group ‐ Architects
Melissa Baum– Supervisor
970.949.7034
Email: MelissaB@vagarchitects.com
Attachment B
LINDSAY L. HARDY
654 Stone Creek Dr. X7715 | Eagle‐Vail, Colorado, 81620 | 850.252.0742 | LindsayLHardy@gmail.com
Vail Architecture Group ‐ Architects
Brian Judge– Proprietor
970.949.7034
Email: BrianJ@vagarchitects.com
Habitat for Humanity
Brent Arnold – Director of Construction
970.471.2847
Email: Brent@habitatvailvalley.org
Collins & Associates – Architects‐ Florida
Bayne Collins – Proprietor
850.769.3357
University of Miami Architecture
Denis Hector ‐ Associate Dean
305‐284‐2322
Email: dhector@miami.edu
RedSky Ranch & Golf Club
Mike Gibbs – Club Director
970‐754‐8450
Email: MGibbs@vailresorts.com
Matrix Development Group
Richard Johnson – Senior Vice President
Email: rjohnson@matrixcompanies.com
Attachment B
PZC Rules of Procedure
April 23, 2013 Town Council Regular Meeting
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Jared Barnes, Planner II
Date: April 23, 2013
Agenda topic: PZC Rules of Procedure
Summary
The Planning and Zoning Commission (PZC) has previously adopted Rules of Procedure as a part of the
Avon Design Guidelines. In 2010, when the Town adopted AMC Title 7, Development Code, the Design
Guidelines were eliminated as the new code included design standards. This also caused the previously
adopted Rules of Procedure to be removed.
§7.12.040, Planning and Zoning Commission, sets forth codified standards for the PZC including, but not
limited to: Establishment and Purpose; Duties; Membership; Qualifications of Members; Quorum; Term;
Vacancies; Removal from Office; Officers; Compensation; Staff; Rules and Procedures; Meetings; Material
to be Submitted; Agenda; and, Authority to Retain Consultants.
§7.12.040(l), Rules and Procedures, requires the PZC to operate in compliance with their own Rules of
Procedure. It further states that these Rules of Procedures may be adopted or amended from time to
time through a recommendation to Town Council and formal adoption by Town Council. Other sections,
such as §7.12.040(m), Meetings, and §7.12.040(n), Materials to be Submitted, state that the Rules of
Procedure shall govern.
Process and PZC Review
This matter was identified in the 2013 PZC Work Plan for the 1st Quarter, and therefore Staff has prepared
Draft Rules of Procedure (Attachment A) for the PZC to review. The PZC reviewed these Rules of
Procedure at both their March 19th, 2013 and April 2nd, 2013 meetings. At their April 2nd, 2013 meeting, the
PZC recommended these proposed Rules of Procedure be adopted. Staff is of the opinion that these
Rules of Procedure, as proposed, provide clarity to the process that occurs at meetings and will assist
future PZC members with better understanding the process they are expected to abide by. These rules of
procedure also set forth standards for scheduling meeting and cancelling meetings; standard order of
agendas; procedures for executive sessions; and, Decisions of the PZC among other aspects.
Update
The proposed PZC Rules of Procedure were approved by the PZC at their April 2, 2013 meeting. On April 9,
2013, the PZC Rules of Procedure were presented to the Town Council. The Town Council was generally
accepting of the proposed Rules, but offered suggestions related to the consistency of these Rules with
Town Council Rules regarding Notice of Regular Meetings, Electronic Records/Minutes, Ex Parte Contact,
and Executive Sessions. Pursuant to §7.12.040(l), the PZC shall review all amendments made by the Town
Council prior to the Town Council adopting the Rules of Procedure. The PZC reviewed the amendments as
proposed by Staff and the Town Council and has recommended that they be adopted as revised.
PZC Rules of Procedure
April 23, 2013 Town Council Regular Meeting
Council Action
If the Council is satisfied with the PZC recommended Rules of Procedure they should move to adopt the
PZC Rules of Procedure (Attachment A).
Attachment
A: PZC Rules of Procedure, April 2013
1 | Page
Planning and Zoning Commission Rules of Procedure (March April 2013)
Town of Avon
Planning and Zoning Commission
Rules of Procedure
March April 2013
2 | Page
Planning and Zoning Commission Rules of Procedure (March April 2013)
Table of Contents
1. Authority For Adoption ......................................................................................................................... 4
2. Applicability ........................................................................................................................................... 4
3. Definitions ............................................................................................................................................. 4
4. Other Laws ............................................................................................................................................ 4
5. Regular Meetings .................................................................................................................................. 4
Date, Time and Place of Regular Meetings ...................................................................................... 4 (a)
Notice of Regular Meetings ............................................................................................................. 4 (b)
6. Special Meetings ................................................................................................................................... 5
7. Continued Meetings .............................................................................................................................. 5
8. Cancellation of Meeting ........................................................................................................................ 5
9. Applicability of Colorado Open Meetings Law ...................................................................................... 5
10. Electronic Record/Minutes ............................................................................................................... 5
11. Director ............................................................................................................................................. 5
12. Agenda and Meeting Materials ........................................................................................................ 6
Proposed Agenda ............................................................................................................................. 6 (a)
Meeting Packets ............................................................................................................................... 6 (b)
13. Officers .............................................................................................................................................. 6
14. Conduct of Commission Members .................................................................................................... 7
Conformity With Town Code of Ethics ............................................................................................. 7 (a)
Ex Parte Contacts ............................................................................................................................. 7 (b)
15. Conflicts of Interest ........................................................................................................................... 7
16. Expressions of Bias, Prejudice, or Individual Opinion Prior to Hearing and Determination ............. 8
17. Action by the Commission ................................................................................................................ 8
Action By Motion ........................................................................................................................... 10 (a)
Who May Make A Motion .............................................................................................................. 10 (b)
Second Required ............................................................................................................................ 10 (c)
One Motion at a Time .................................................................................................................... 10 (d)
Amending a Motion ....................................................................................................................... 10 (e)
Rescind or Withdrawal of an Approved Motion ............................................................................ 10 (f)
18. Voting .............................................................................................................................................. 10
Who May Vote ............................................................................................................................... 10 (a)
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Planning and Zoning Commission Rules of Procedure (March April 2013)
Adoption by Majority Vote ............................................................................................................ 10 (b)
Duty to Vote ................................................................................................................................... 10 (c)
19. Debate ............................................................................................................................................. 10
20. Executive Sessions........................................................................................................................... 11
21. Site Visits ......................................................................................................................................... 12
22. General Provisions Governing Public Hearings ............................................................................... 12
Part of Meeting .............................................................................................................................. 12 (a)
Representation .............................................................................................................................. 12 (b)
Testimony Under Oath Not Required ............................................................................................ 13 (c)
Right To Present Evidence And Cross-Examine Witnesses ............................................................ 13 (d)
Rules Of Evidence........................................................................................................................... 13 (e)
Objections ...................................................................................................................................... 13 (f)
Burden Of Proof ............................................................................................................................. 13 (g)
Limitation of Evidence ................................................................................................................... 13 (h)
Order of Debate ............................................................................................................................. 13 (i)
Commission and Staff's Remarks ................................................................................................... 13 (j)
Applicant (and Others) Questioned ............................................................................................... 13 (k)
23. Consent Agenda .............................................................................................................................. 13
24. Regular Application Items (Non-Public Hearings) ........................................................................... 14
25. Regular Application Items (Public Hearings) ................................................................................... 15
26. Continuance of Hearing .................................................................................................................. 15
27. Audio-Tape of Public Hearing ......................................................................................................... 16
28. Record of the Public Hearing .......................................................................................................... 16
29. Reopening of a Public Hearing ........................................................................................................ 16
30. Decisions By Commission ................................................................................................................ 16
31. Execution of Documents ................................................................................................................. 16
32. Suspension of the Rules .................................................................................................................. 16
33. Amendment of the Rules ................................................................................................................ 17
34. Reference to Robert’s Rules of Order ............................................................................................. 17
35. Effect of Adoption of Rules ............................................................................................................. 17
4 | Page
Planning and Zoning Commission Rules of Procedure (March April 2013)
1. Authority For Adoption
These Rules of Procedure are adopted pursuant to the authority granted to the Town of
Avon Planning and Zoning Commission by §7.12.040(l) of the Avon Municipal Code.
2. Applicability
These Rules of Procedure shall apply to all meetings of the Town of Avon’s Planning and
Zoning Commission. These Rules of Procedure are intended to supplement and be
superseded by the codified Rules listed in §7.16.040, Planning and Zoning Commission, of the
Avon Municipal Code.
3. Definitions
Rules means these Rules of Procedure, as amended from time to time.
Commission means the Town of Avon’s Planning and Zoning Commission and also defined as
PZC.
Director means the Community Development Director of the Town of Avon, or such person’s
designee.
Presiding Officer means the Chair, or to the Vice-Chair or Temporary Chair when acting in the
absence of the Chair.
4. Other Laws
These Rules must be read in conjunction with the Town of Avon’s Development Code, as
well as all applicable Town, state or federal laws, rules or regulations. In the event of a
conflict between these Rules and provision in the Town’s Home Rule Charter, any ordinance
or statute, the Home Rule Charter, ordinance or statute shall control.
5. Regular Meetings
Date, Time and Place of Regular Meetings (a)
The Commission shall hold regular meetings on the first and third Tuesdays of each
month, except that if a regular meeting day is a legal holiday, the meeting may be
rescheduled or cancelled at the discretion of the Commission.
All regular meetings of the Commission shall be held in the Town Council Chambers of
the Avon Municipal Building, One Lake Street, Avon, Colorado, unless the Commission
shall otherwise order. Each regular meeting of the Commission shall begin at 5:00 P.M.,
unless otherwise provided in the notice of the meeting.
At the discretion of the Director an application may be scheduled out of the normal
order of business if it involves a matter of substantial public interest, or if the Director
determines that good cause exists to vary the normal order of business. Further, by
general consent of the Commission, items may be considered out of order.
Notice of Regular Meetings (b)
Notice of each regular meeting shall be posted by the Director in Town Hall and 32
additional public locations as designated by the Director not less than 24 hours prior to
the holding of the meeting. The postingmeeting notice shall include specific agenda
information where possible. and may be substituted by the meeting agenda.
5 | Page
Planning and Zoning Commission Rules of Procedure (March April 2013)
6. Special Meetings
Special meetings of the Commission shall be called by the Director on the written request of
the Chair, the Vice-Chair in the absence of the Chair, or on the written request of any four (4)
members of the Commission. A special meeting may also be called or scheduled by vote of
the Commission in open session during another duly called meeting.
Notice of a special meeting shall be posted in accordance with Section 5(b). The notice shall
set forth the date, hour, place and purpose of such meeting.
No business shall be conducted at a special meeting of the Commission unless the same has
been stated in the notice of such meeting; except that any business which may lawfully
come before a regular meeting of the Commission may be transacted at a special meeting if
all members of the Commission are present and consent thereto.
7. Continued Meetings
A properly called regular or special meeting may be continued to a date, and time and place
certain by motion made and adopted in open session during the regular or special meeting.
The motion shall state the date, time and place when the meeting will reconvene. No further
notice need be given of such a continued session of a properly called regular or special
meeting.Additional notice is not required for any continued meeting, business item and/or
public hearing which has been continued in accordance with this Section 7.
8. Cancellation of Meeting
If: (i) no business is scheduled before the Commission; (ii) it is apparent that a quorum will
not be available; or, (iii) the scheduled date for any Commission member is a legal holiday,;
then a meeting may be cancelled by the Chair or the Director by giving notice to all members
prior to the time set for such meeting. Notice of cancellation of a meeting may be given by
telephone, electronically (email), fax, in person, or by first class mail. If no quorum is
present at the meeting, the Director shall cancel the meeting and all items scheduled to be
heard shall be rescheduled by the staff.
9. Applicability of Colorado Open Meetings Law
All meetings of the Commission shall be subject to the provisions of the Colorado Open
Meetings Lawlaw (Colorado Sunshine Law) set forth in C.R.S. §24-6-401 et. seq..
10. Electronic Record/Minutes
The Commission shall keep an electronic record of its meetings in accordance with the
Town’s public record retention schedule. A copy of the electronic record shall be made
available to any party in accordance with the Town’s public record request policies.Exhibit
A., including any executive sessions. In addition, written minutes of the Commission
proceedings, except executive sessions, shall be kept as required by the Colorado Open
Meetings law. Records of executive sessions shall be kept in accordance with the
requirements of the Colorado Open Meetings law. These minutes shall be open to
inspection of the public as provided in the Colorado Open Meetings law. The exact wording
of each motion and the vote of the Commission thereon shall be recorded in the minutes.
11. Director
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Planning and Zoning Commission Rules of Procedure (March April 2013)
The Director shall designate a person or persons to provide the necessary recording services
for the Commission. The Director shall be responsible for the giving of all required notice of
Commission public hearings and actions under the Development Code or Subdivision
Standards.
12. Agenda and Meeting Materials
Proposed Agenda (a)
The Director shall set forth the agenda for each meeting. The Director may consult the
Chair for input when formulating the agenda. The proposed agenda should generally be
consistent with the Order of Business as follows:
Call to Order
Roll call
Amendments to the Agenda
Conflicts of Interest Disclosure
Consent Agenda
Regular Agenda Items (Public Hearings)
Regular Agenda Items (Non-Public Hearings)
Approval of Meeting Minutes
Adjournment
At the discretion of the Director, an application may be scheduled out of the normal
order of business if it involves a matter of substantial public interest, or if the Director
determines that good cause exists to vary the normal order of business. Further, by
general consent of the Commission, during the Amendments to the Agenda portion of
the meeting items may be considered out of order.
Meeting Packets (b)
Meeting Packets shall should be provided to the Commission not later than 48 hours
prior to the meeting. The meeting packets shall include the proposed agenda and
meeting materials for each agenda item. The meeting materials for each agenda item
should generally include a staff summary as well as accompanying information.
13. Officers
Pursuant to Section 7.12.040(i), Officers, the PZC shall select its own chairperson, a vice
chairperson and a secretary from among its members. This selection shall occur on a yearly
basis immediately after the appointment of new members or re-appointment of existing
members to the Commission.
The Chair shall preside at all Commission meetings if he or she is present. The Chair may
vote in all cases. In order to address the Commission, a member must be recognized by the
Chair.
If the Chair is absent, the Vice-Chair shall preside. If both the Chair and Vice-Chair are absent,
another member designated by vote of the Commission shall preside as Temporary Chair.
The Vice-Chair or Temporary Chair retains all of his or her rights as a member, including the
right to make motions and the right to vote.
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Planning and Zoning Commission Rules of Procedure (March April 2013)
The Presiding Officer shall maintain order and decorum, and to that end may order removal
of disorderly or disruptive persons.
14. Conduct of Commission Members
Conformity With Town Code of Ethics (a)
The conduct of Commission members shall at all times conform with the requirements of
the Town of Avon Code of Ethics (Chapter 2.30, AMC).
Ex Parte Contacts (b)
Each member of the Commission shall comply with the requirements regarding Ex Parte
Contacts as set forth in Exhibit A. must exercise care in responding to and reporting any
ex parte contact with respect to any matter which is pending before the Commission.
(1) An ex parte contact is any contact (written, oral or electronic) concerning a
matter pending before the Commission which is offered to or received by a
member of the Commission outside of the actual hearing process.
(2) Whenever a person attempts to make an ex parte contact with a member of the
Commission, the member shall, to the extent possible, refuse to accept such ex
parte contact. The member shall advise the person who is attempting to make
the ex parte contact that all comments and information related to the pending
matter should be presented to the entire Commission, as well as all interested
parties, at the time of the public hearing.
(3) Any member of the Commission who has received an ex parte contact must
report the information and identify the source and date of the contact, to the full
Commission and the applicant for inclusion in the formal record of the hearing on
the application.
(4) Any written ex parte contact transmitted to or received by a member of the
Commission concerning a matter which is pending before the Commission,
including printed and mailed communications, shall be forwarded directly to the
Director for review and incorporation into the staff’s report. A copy of such
written material shall also be provided to the applicant not later than the
commencement of the hearing.
(5)(1) The rule against ex parte contacts shall not apply to preclude members of the
Commission from seeking and receiving information from other members, the
Director, the Town Attorney, or staff members of the Department of Community
Development, but no member of the Commission shall discuss the matter with
the applicant, the applicant’s counsel or representatives, or any person
reasonably anticipated to be witnesses prior to the public hearing.
15. Conflicts of Interest
The topic of conflicts of interest of Commission members is specifically dealt with in the
Town’s Code of Ethics, specifically §2.30.060, Conflict of Interest.
8 | Page
Planning and Zoning Commission Rules of Procedure (March April 2013)
16. Expressions of Bias, Prejudice, or Individual Opinion Prior to Hearing and
Determination
No member of the Commission shall express any bias, prejudice, or individual opinion on the
proper outcome of a matter prior to its conducting a hearing and determination.
17. Action by the Commission
All official PZC actions are initiated by motion. These following rules and procedures
apply to motions. There are two basic motions: action motions and procedural motions.
Only one action motion may be on the floor at a time. A procedural motion may be
proposed, discussed and acted upon when an action motion is on the floor or at any other
time.
(a) Basic Motion: The basic motion to take action is stated as, “I move to . . . .” Every
motion requires a second. Once a motion is made no further discussion can continue
until a second is made to support the motion.
(b) Discussion: All PZC members have the right to discuss the motion on the floor.
Discussion cannot be concluded unless (1) all PZC members present consent or (2) a
majority of PZC members present approve a procedural motion to “Call the Question”
and end debate.
(c) Withdraw a Motion: The maker of a motion may choose to withdraw the motion at
any time prior to the vote on the motion and may interrupt a speaker to withdraw the
motion and consent of the PZC member who seconded the motion is not required. The
motion is immediately withdrawn; however, the Presiding Officer may ask the PZC
member who seconded the withdrawn motion and any other PZC member if such PZC
member wishes to make the motion.
(d) Amendment to Motion: Any PZC member may request an amendment to a pending
motion. The maker of the pending motion and PZC member who seconded the motion
must consent to the proposed amendment. Any PZC member may also propose a
substitute motion to a pending motion which also requires consent of the maker of the
pending motion and the PZC member who seconded the pending motion.
(e) Procedural Motion: A procedural motion may be made at any time and may impose or
modify any procedural rule provided that such procedure is not in conflict with the
Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state
law. Procedural motions require a majority vote of the quorum present.
(f) Motion to Call the Question or End the Discussion: A motion to “call the question” or
a motion to end the discussion is a procedural motion to end debate and discussion. A
motion to call the question or end the discussion cannot be made until each PZC
member has had at least one reasonable opportunity to ask questions and discuss the
matter. Once a motion to call the question or to end the discussion is made and
seconded, it shall be the Presiding Officer’s discretion to allow any further discussion
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Planning and Zoning Commission Rules of Procedure (March April 2013)
on such procedural motion for the purpose of clarifying any technical, procedural or
legal issue related to the procedural motion. A motion to call the question requires a
majority vote of the quorum present. Once a motion to call the question is approved,
the pending action motion on the floor must be voted upon promptly or, if no action
motion is pending, the Presiding Officer shall proceed to the next agenda item.
(g) Motion to Continue: A motion to continue an agenda item must include a specific
future PZC meeting date for the continued matter to be considered again. Generally, a
noticed public hearing is not required to be “re-noticed” for public hearings which are
continued to a specific date, time, and place.
(h) Motion to Table: A motion to table places the agenda item on hold and does not
require a specific time for the return of the agenda item.
(i) A Motion to Reconsider: A motion to reconsider allows the PZC to reconsider a vote
on a matter. A motion to reconsider may only be made in the following circumstances:
(1) at the meeting in which the motion to be proposed for reconsideration was made,
(2) at the next regular meeting after the meeting in which the motion to be proposed
for reconsideration was made, or (3) the motion for reconsideration is based on new
information not available at the time the original motion was acted upon.
Furthermore, a motion to reconsider may only be made by a member of PZC who
voted in the majority on the motion which is proposed for reconsideration.
(j) Point of Privilege: A PZC member may interrupt the speaker to raise a matter related
to the comfort of the meeting, such as room temperature, distractions, or ability to
hear speaker.
(k) Point of Order: A PZC member may raise a Point of Order at any time that the
Presiding Officer permits meeting conduct which does not follow these Rules or
otherwise fails to maintain civility and decorum by the PZC and the general public.
(l) Appeal: A PZC member may move to appeal the ruling of the Presiding Officer on any
procedural matter or other decision related to the conduct of the meeting. If the
motion is seconded and, after debate, it such motion passes by a simple majority vote
of the quorum present, then the ruling or conduct of the Presiding Officer shall be
overruled and reversed.
(m) Call for Orders of the Day: A PZC member may call for Orders of the Day when such
PZC member believes that PZC discussion has strayed from the agenda. No second or
vote is required. If the Presiding Officer does not return to the agenda, then such
ruling may be appealed.
(n) Adjournment: The Presiding Officer may announce the meeting adjourned when
there are no further items on the agenda which have not been addressed. The PZC
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Planning and Zoning Commission Rules of Procedure (March April 2013)
may adjourn a meeting at any time by motion, second and approval by a majority of
the quorum present.
17.
(a) Action By Motion
The Commission shall proceed by motion, unless otherwise required by applicable law.
(b) Who May Make A Motion
Any member of the Commission, including the Chair, may make a motion.
(c) Second Required
A motion requires a second. Any member of the Commission, including the Chair, may
second a motion.
(d) One Motion at a Time
A member may make only one motion at a time.
(e) Amending a Motion
A member may suggest amendments to a motion that has been seconded. The
amendments are only made to the motion if both the members making the motion and
second accept the amendments.
(f) Rescind or Withdrawal of an Approved Motion
The Commission may rescind or withdrawal an approved motion if additional information
is brought to light after the motion is made that alters the Commissions review or if a
procedural error was made through the motion.
18. Voting
Who May Vote (a)
Except as provided in Section 15, with respect to a member who has a conflict of interest,
each member of the Commission, including the ChairPresiding Officer, must vote on any
motion.
Adoption by Majority Vote (b)
A motion shall be adopted by a majority of the votes cast when a quorum is present. A
majority is more than half.
Duty to Vote (c)
Every member of the Commission must vote unless excused by a majority vote of the
remaining members of the Commission. The types of vote are limited to: (1) Yes; (2) No;
and, (3) Abstain.
19. Debate
The Chair Presiding Officer shall state the motion and then open the floor to debate. The
Chair Presiding Officer shall preside over the debate according to the following general
principles:
1. The maker of the motion is entitled to speak first;
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Planning and Zoning Commission Rules of Procedure (March April 2013)
2. A member who has not spoken on the issue shall be recognized before someone who
has already spoken.
At their discretion, the Chair Presiding Officer may alter the order of the debate or allow
members to further comment during the debate. It is the ChairPresiding Officer’s duty to
allow any member of the Commission to comment or debate if that member wishes to be
heard.
20. Executive Sessions
PZC may convene into executive session at any time by the affirmative vote of 2/3rds of the
quorum present and by announcing the specific statutory citation and purpose of the
executive session in accordance with the Colorado Open Meetings Law, CRS §24-6-402(4).
The PZC is not permitted to take official, final action on any matter in executive session. PZC
shall comply with the requirements of Exhibit A concerning executive sessions.
At any meeting the Commission, by consent of 2/3 of the quorum present, may go into
executive session for those purposes authorized by law. No adoption of any proposed
policy, position, resolution, rule, regulation or formal action shall occur at any executive
session of the Commission which is not open to the public, except as authorized by the
Colorado Open Meetings law. Prior to the Commission going into executive session the
Chair shall announce to the public the general topic of executive session, including a specific
citation to the applicable provision of the Colorado Open Meetings law which authorizes the
Commission to meet in an executive session, and identification of the particular matters to
be discussed in as much detail as possible without compromising the purpose for which the
executive session is authorized. The Commission shall terminate the executive session by a
majority vote. Only those actions authorized by statute may be taken in an executive
session. A motion to adjourn or recess a meeting shall not be in order during an executive
session.
A tape recording of the actual contents of the discussion during an executive sessions shall
be made by the Chair of the meeting at which the executive session is held. The tape
recording of an executive session shall not be subject to public disclosure or to discovery in
any administrative or judicial proceeding, except in an action brought pursuant to Section
24-72-204(5.5)(a), C.R.S. Such tape recording shall be retained by the Director for only ninety-
one (91) days after the date of the executive session. If, on such date, the Town has not
been served with a summons in an action to review such tape recording pursuant to Section
24-72-204(5.5)(a), C.R.S., the Director shall forthwith cause the tape recording of the
executive session to be destroyed. The mandatory destruction of an executive session tape
as provided in this Rule shall be deemed to be part of the Town’s record retention and
destruction policy.
If it appears that the tape recorder in the Commission chambers is not functioning properly
at the time that an executive session is to be held, or if there is no tape recorder available at
the location where the executive session is to by held, or when otherwise deemed necessary
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Planning and Zoning Commission Rules of Procedure (March April 2013)
or advisable by the Commission, a written record of the actual contents of the discussion
during an executive session which satisfies the requirements of Section 24-6-402
(2)(d.5)(II)(A) and (B), C.R.S., shall be kept. The written minutes of an executive session shall
not be subject to public disclosure, or to discovery in any administrative or judicial
proceeding, except in an action brought pursuant to Section 24-72-204(5.5)(a), C.R.S. The
written record of an executive session, in the form of written minutes of the executive
session, shall be retained by the Director for only ninety one (91) days after the date of the
executive session. If, on such date, the Town has not been served with a summons in an
action to review such written record pursuant to Section 24-72-204(5.5)(a), C.R.S., the
Director shall forthwith cause the minutes of the executive session to be destroyed. The
mandatory destruction of executive session minutes as provided in this Rule shall be
deemed to be part of the Town’s record retention and destruction policy.
The provisions of Section 24-6-402(2)(d.5)(II)(B), C.R.S., concerning privileged attorney-client
communications which occur in an executive session shall apply to any record of an
executive session kept by the Commission.
21. Site Visits
Each commissioner should visit sites of proposed developments prior to attending a
meeting, as a helpful way to gather relevant facts concerning the proposed development. A
site visit often leads to a better understanding of a proposed development and, therefore,
enhances the ability of the Commission to make appropriate decisions concerning the
development of the site.
The Commission, as a whole, may schedule and conduct a site visit when requested to do so
by the applicant, the staff, the general public, or on its own initiative. In connection with any
site visit conducted by the Commission, the applicant shall be notified not less than 48 hours
in advance and given an opportunity to attend and participate in the site visit. A site visit
shall be noticed by the Director as a public meeting of the Commission. However, a site visit
is not a public hearing. Members of the public shall be permitted to attend the site visit to
listen to the questions and comments of the staff, the applicant and the Commission, but
only at the discretion of the Chair Presiding Officer does the public have the right to ask
questions of the staff, the applicant or the Commission members. Commission members
shall avoid engaging in improper ex parte contacts during a site visit. No minutes of a site
visit shall be kept by the Director, although the minutes of the Commission should reflect
that a site visit was conducted.
22. General Provisions Governing Public Hearings
Part of Meeting (a)
A public hearing is considered to be part of a regular or special meeting of the
Commission.
Representation (b)
At any hearing, any person may appear or be represented by authorized agents or
attorneys at their own expense. Any person who appears before the Commission at any
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Planning and Zoning Commission Rules of Procedure (March April 2013)
hearing shall be required to state the name(s) and address(es) of all persons whom he or
she has been authorized to represent at the hearing.
Testimony Under Oath Not Required (c)
Testimony offered at a hearing before the Commission shall not be required to be given
under oath or affirmation.
Right To Present Evidence And Cross-Examine Witnesses (d)
At a hearing held before the Commission, each party shall have the right to present such
evidence as may be relevant, and to cross-examine all witnesses.
Rules Of Evidence (e)
The strict rules of evidence shall not apply to a hearing held before the Commission.
Objections (f)
Objections by the Applicant to submitted evidence shall be stated orally for the record.
Any objection not made in a timely and proper fashion shall not be recognized.
Burden Of Proof (g)
The burden of proof shall be on an applicant to prove compliance with the applicable
requirements of the Development Code, Subdivision Standards, or other applicable law
by a preponderance of the evidence. Preponderance of the evidence means to prove that
something is more probably true than not.
Limitation of Evidence (h)
The Presiding Officer shall have the authority to limit the presentation of evidence
tending to be repetitious or which is immaterial or irrelevant.
Order of Debate (i)
Orderly procedure requires that each side shall proceed without interruption by the
order; that all arguments and pleadings shall be addressed to the Commission; and that
there be no questioning or argument between individuals.
Commission and Staff's Remarks (j)
During the hearing, Commission members and members of the staff may ask questions
and make appropriate comments pertinent to the application; however, no member
should debate or argue an issue with the applicant.
Applicant (and Others) Questioned (k)
The Commission members may direct questions to the applicant or any person speaking
in order to bring out all relevant facts, and may call for questions from members of the
staff.
23. Consent Agenda
Items are presented to the Commission on a Consent Agenda when Commission action is
required, but Staff expects that the Commission will approve the item without conditions.
The Commission may call up items for further review when warranted, at their discretion.
The following procedures shall be utilized for the review of the Consent Agenda; this review
is intended only to ascertain if the items should remain on the Consent Agenda or be pulled
off for further review:
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Planning and Zoning Commission Rules of Procedure (March April 2013)
A. The Commission reviews the requests and asks minimal questions of the staff and
applicants. These comments may be brief, and shall be limited to: (i) clarification of the
Commissions understanding of the application(s); and (ii) the issue of whether a
particular item should be removed from the Consent Agenda and called up by the
Commission.
C. The Commission may make motions to pull items off the Consent Agenda for further
review.
D. Any motions to remove items from the Consent Agenda shall be acted on at the time
the motion is made.
E. If no items are removed from the Consent Agenda, the Chair shall state "the Consent
Agenda stands approved as presented". If an item has been removed, the Chair shall
state that "all remaining items on the Consent Agenda stand approved as presented,"
and the Commission shall move on to the review of those items removed.
F. Items removed from the Consent Agenda shall be reviewed in the order that would
pertain to that type of application as is outlined in Sections 24 and 25.
24. Regular Application Items (Non-Public Hearings)
The following process shall be utilized for all regular application items that are not
specifically designated as public hearings and may be amended by the Chair at their
discretion, subject to the right of the Commission to overrule the Chair:
A. The Chair opens the hearing.
B. Staff introduces the application and may provide a summary of the staff analysis.
C. The Commission asks questions of the staff concerning the staff analysis or procedure
of the application.
D. The applicant or applicant's representative presents the applicant’s evidence in
support of the application.
D. The Commission asks questions of the applicant (or applicant’s representative)
concerning the application.
F. Audience participation and comment may only be allowed at the discretion of the
Chair, subject to the right of the Commission to overrule the Chair. If comment is
allowed, it shall take place prior to Commission comments; shall be allowed equally for
all participants; and shall allow for an opportunity for the applicant to respond to any
opposition comments.
G. The staff is given the opportunity to rebut any evidence presented by the applicant or
the public, and make its final comments.
H. The applicant is given the opportunity to rebut any evidence presented by the staff or
the public, and make its final comments.
I. The Commission members are given a second opportunity to examine any witnesses
and the applicant, and to discuss the request.
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Planning and Zoning Commission Rules of Procedure (March April 2013)
J. Members of the Planning Commission make individual comments concerning the
application. The analysis, as presented by the staff, and testimony, as presented by the
applicant, may be discussed by the Commission.
K. The Chair shall ask if any motions to accept or change the staff analysis and
recommendation are to be made. Motions shall be made pursuant to Section 17.
L. The Commission shall then vote on the proposed motion, including any and all
additional, specific findings and conditions to be placed upon the application if
approved. The vote from the Commission shall be pursuant to Section 18.
25. Regular Application Items (Public Hearings)
The following process shall be utilized for all regular application items that are not
specifically designated as public hearings and may be amended by the Chair at their
discretion, subject to the right of the Commission to overrule the Chair:
A. The Chair opens the public hearing.
B. Staff introduces the application and may provide a summary of the staff analysis.
C. The Commission asks questions of the staff concerning the staff analysis or procedure
of the application.
D. The applicant or applicant's representative presents the applicant’s evidence in
support of the application.
E. The Commission asks questions of the applicant (or applicant’s representative)
concerning the application.
F. The Chair opens the Public Hearing and the Commission takes public comment
concerning the application. Once all public comment is received the Chair closes the
Public Hearing, unless reopened pursuant to Section 29.
G. The staff is given the opportunity to rebut any evidence presented by the applicant or
the public, and make its final comments.
H. The applicant is given the opportunity to rebut any evidence presented by the staff or
the public, and make its final comments.
J. Members of the Planning Commission make individual comments concerning the
application. The analysis, as presented by the staff, and testimony, as presented by the
applicant, may be discussed by the Commission.
K. The Chair shall ask if any motions to accept or change the staff analysis and
recommendation are to be made. Motions shall be made pursuant to Section 17.
L. The Commission shall then vote on the proposed motion, including any and all
additional, specific findings and conditions to be placed upon the application if
approved. The vote from the Commission shall be pursuant to Section 18.
26. Continuance of Hearing
The Commission may continue any hearing, upon timely request, for good cause shown, or
upon its own initiative. If a hearing is continued to a date certain, it shall not be necessary to
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Planning and Zoning Commission Rules of Procedure (March April 2013)
re-notice the hearing; it shall be conclusively presumed that all interested parties are aware
of the continuation of the hearing. If any hearing is continued without a date certain being
specified, it shall be necessary to re-notice the hearing in the same manner as the original
notice of hearing was given.
27. Audio-Tape of Public Hearing
An audio-taped record shall be made of each hearing which is held by the Commission. The
Town shall retain the original audio-tape in accordance with the Town’s public record
retention schedulefor not less than one (1) year. A copy of an audio-taped record of a
hearing shall be made to any party in accordance with the Town’s public record request
policies. upon written request and payment of a fee determined by the Town Clerk to be
sufficient to reimburse the Town for the cost of providing such copy. The Town shall not be
obligated to provide a transcript of a hearing which is held before the Commission, and any
party desiring such transcript shall obtain and pay the cost thereof.
28. Record of the Public Hearing
The record of a public hearing which is held before the Commission shall consist of: (i) all
staff reports and similar information which is provided to the Commission in connection with
the public hearing, excluding confidential attorney-client communications from the Town
Attorney; (ii) all documents admitted into evidence by the Commission; (iii) all documents
offered into evidence at the hearing, but not admitted; (iv) the written decision of the
Commission; (v) copies of any applicable statutes, ordinances, rules or regulations; (vi) a
transcript of the public hearing; and (vii) such other documents as may properly be included
in the record.
29. Reopening of a Public Hearing
Whenever a public hearing has been opened and continued to another date, or where it has
been closed and the Commission wishes to take additional evidence prior to a vote or a
reconsideration of a vote, the Chair may reopen the public hearing for purposes of taking
such additional evidence. The Chair may limit the scope of such evidence to be taken.
Whenever a public hearing is reopened and additional evidence is taken, all such additional
evidence shall be deemed to be a part of the original public hearing.
30. Decisions By Commission
The decisions by the Commission shall be pursuant to §7.16.020(f), Step 6: Review and
Decision or such other provisions of the Avon Development Code or other procedures and
review criteria adopted by ordinance of the Town as may be applicable.
31. Execution of Documents
Any document which requires the written approval of the Commission may be executed by
the Chair, or in absence or incapacity of the Chair, by the Vice-Chair. In the event that both
the Chair and the Vice-Chair are absent from the Town or are incapacitated at the same time,
any member of the Commission may lawfully sign a document in the capacity of Assistant
Vice-Chair.
32. Suspension of the Rules
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Planning and Zoning Commission Rules of Procedure (March April 2013)
Any provision of these Rules not governed by the Town Charter or the ordinance which
created the Commission may be temporarily suspended at any meeting of the Commission
by a majority vote of the Commission. Any Rule may be suspended by general consent if the
matter is presented by the Chair and there is no objection by any member of the
Commission.
33. Amendment of the Rules
These Rules may be amended at any regular meeting or at any properly called special
meeting that includes amendment of the Rules as one of the stated purposes of the
meeting. Adoption of an amendment shall be pursuant to the procedures in §7.12.040(l) of
the Avon Municipal Development Code.
34. Reference to Robert’s Rules of Order
The Commission shall refer to the current edition of Robert’s Rules of Order Newly Revised,
to answer procedural questions not resolved in these Rules, so long as Robert’s Rules of
Order Newly Reviosed does not conflict with Colorado law, or with the spirit of these Rules.
35.34. Effect of Adoption of Rules
These Rules supersede all prior rules and regulations of the Commission.
Adopted: April 9th23rd, 2013
Exhibit A: Ex Parte Contact and Executive Sessions
This Exhibit A sets forth supplemental meeting rules and procedures that may be
amended and updated by the Avon Town Council by motion at any time.
Ex Parte Contact:
Each member of the Commission must refrain from any communications with the
applicant or the general public concerning pending quasi-judicial applications.
Members of the Commission are charged with conducting public hearings on quasi-
judicial applications which are impartial and without bias or pre-judgment.
(1) An ex parte contact is any communication (written, oral or electronic) with
the applicant, representative of the applicant or member of the general public
that is offered to or received by a member of the Commission outside of the
actual public hearing process concerning a quasi-judicial application pending
before the Commission.
(2) Whenever a person attempts to make an ex parte contact with a member of
the Commission, the member shall, to the extent possible, refuse to accept
such ex parte contact. The member shall advise the person who is attempting
to make the ex parte contact that all comments and information related to
the pending matter should be presented to the entire Commission, as well as
all interested parties, at the time of the public hearing.
(3) Any member of the Commission who has received an ex parte contact must
report the information and identify the source and date of the contact, to the
full Commission and the Applicant, for inclusion in the formal record of the
public hearing on the application.
(4) Any written ex parte contact transmitted to or received by a member of the
Commission concerning a quasi-judicial application which is pending before
the Commission, including printed and mailed communications, shall be
forwarded directly to the Director for review and incorporation into the staff’s
report. A copy of such written material shall also be provided to the applicant
not later than the commencement of the hearing.
The rule against ex parte contacts shall not apply to preclude members of the
Commission from contacting the Director, the Town Attorney, or staff members of
the Department of Community Development for the purpose of asking questions
concerning a pending quasi-judicial application provided that such member shall not
express any bias or otherwise formulate any opinion concerning the application prior
to the public hearing.
Executive Sessions:
The Commission shall keep an electronic record and written minutes of its meetings,
including any executive sessions, as required by the Colorado Open Meetings Law,
Colorado Open Records Act, and such laws and rules as may be adopted by the Town
to implement state statutes.
At any meeting the Commission, by consent of 2/3 of the quorum present, may go
into executive session for those purposes authorized by law. No adoption of any
proposed policy, position, resolution, rule, regulation or formal action shall occur at
any executive session of the Commission which is not open to the public, except as
authorized by the Colorado Open Meetings law. Prior to the Commission going into
executive session the Chair shall announce to the public the general topic of
executive session, including a specific citation to the applicable provision of the
Colorado Open Meetings law which authorizes the Commission to meet in an
executive session, and identification of the particular matters to be discussed in as
much detail as possible without compromising the purpose for which the executive
session is authorized. The Commission shall terminate the executive session by a
majority vote. Only those matters authorized by statute may be discussed in an
executive session. A motion to adjourn or recess a meeting shall not be in order
during an executive session.
A tape recording of the actual contents of the discussion during an executive
sessions shall be made by the Presiding Officer except for executive sessions held for
the purpose of receiving legal advice.
The tape recording or written record of an executive session shall not be subject to
public disclosure or to discovery in any administrative or judicial proceeding, except
in an action brought pursuant to Section 24-72-204(5.5)(a), C.R.S. If it appears that
the tape recorder in the Commission chambers is not functioning properly at the time
that an executive session is to be held, or if there is no tape recorder available at the
location where the executive session is to by held, or when otherwise deemed
necessary or advisable by the Commission, a written record of the actual contents of
the discussion during an executive session which satisfies the requirements of
Section 24-6-402 (2)(d.5)(II)(A) and (B), C.R.S., shall be kept. Such tape recording
and/or written record shall be retained and destroyed by the Town in accordance
with the Town’s document retention policy. The provisions of Section 24-6-
402(2)(d.5)(II)(B), C.R.S., concerning privileged attorney-client communications that
occur in an executive session shall apply to any record of an executive session kept
by the Commission.
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Virginia Egger, Town Manager
Date: April 16, 2013
Agenda Topic: ACTION ON EAGLE COUNTY BOARD OF COMMISSIONERS REQUEST FOR A PUBLIC/PUBLIC
PARTNERSHIP FOR 2014 FUNDING OF FOUR (4) – FOOT SHOULDERS ON US HIGHWAY 6
At the March 12, 2013 Council Work Session with the Eagle County Commissioners, Town Council was asked to
consider funding participation for the addition of a four (4) foot shoulder on US Highway 6. The Commissioners
indicated a response was appreciated from the Avon Town Council by the end of April.
The Project Scope, mapped area for shoulder improvement and Cost per Section are attached.
The request comes outside of both the County’s and Town’s regular budget cycle. The opportunity to see
the shoulder improved is matched with tight budgets by all entities. The Commissioners have suggested
partnership funding from Avon, Edwards’ entities, Eagle County and the Beaver Creek Metropolitan
District; with Avon being asked to contribute toward the $114,521 for highway segments listed Cost per
Section attachment.
Town Reserves*:
2013 Adopted Budget
Capital Projects Fund: $2,200,000 (Includes $1.5 M contingency. Source: Real estate transfer taxes)
General Fund: $3,470,000 (Equals Town’s 35% contingency. Source: Diversity of revenues)
2013 Revenues - Available Funds Received over Budget: RETT, Accommodations and Sales Tax
Capital Projects Fund (RETT): $250,000
Sales Tax/Accommodations Tax: $253,000
* Do not include restricted use funds, such as the URA, Water Fund, etc.
Town of Avon Planned Expenditures: Department Heads met on April 11th to review and begin to prioritize a
comprehensive capital improvement and facility projects. Projects totaled $15,000,000, without monies for a
road asphalt prevention program or estimates for parking infrastructure or possibility of Recreation Building
expansion. A detailed and serious effort, staff continues to review this list for Council review and direction on
May 28th, including funding alternatives and options for funding the projects.
The conclusion, by staff, is that the Town has adequate funds to support a public-public partnership for the US 6
shoulders. If monies are made available to the US 6 project, something at the Town will not be funded. It is a
determination of priority. The multi-million capital improvement program being developed will have a five to 20
year funding horizon, and contribution to US 6 is not a decision that will unduly restrict funding the needs of the
Town. From the point of view of safety and recreational investment for bike riders, support is thought to be
important and a traditional municipal expenditure.
Page 2
Public-Public Funding Level
Eva Wilson, Eagle County Engineer, has updated information on funding participation as follows:
Edward Metropolitan District & Edward Community Authority: $80,000
Beaver Creek Metropolitan District: Have responded the District will make a contribution; amount not yet
confirmed.
CDOT has conducted a site investigation and does not anticipate further shoulder funding requests as US 6 is
improved from Avon Road to the east.
Town of Avon Funding Share Options:
Option 1 – Fund sections which are contiguous to the Town Limits
Three public entities have US 6 contiguity. The estimated cost of a linear foot is $25.40.
Town of Avon: (Section 291 + Section 670) 961 feet $24,409 (21%)
Beaver Creek Metropolitan District 2,459 feet $62,459 (55%)
Eagle County (unincorporated) 1,072 feet $27,229 (24%)
Option 2 – Fund sections that abut US 6 and are closest to Avon’s eastern boundary. These sections total
$31,135.50 (Sections 582 + 639).
Option 3 – Fund on a percentage basis: Example:
60% - $34,229 – Unincorporated Eagle County, including Beaver Creek
40% - $45,639 -Town of Avon
Staff Recommendation: Considering the contiguity and abutment of the highway to the Town, plus the high
biking population on US 6, the Town of Avon’s support of biking special events and critical safety need,
Department Heads reviewing the capital projects of the Town felt funding up to 40% of the $114,097 “Avon”
stretch of highway was appropriate.
Council Motion: I move to approve $_______________ from the Capital Improvement Fund, to be made
available in 2014, for the addition of 4-foot shoulders on US 6 between Edwards and Avon.
CDOT's Proposed Scope for Optimizing Shoulders and Streamlining Bike Mobility- Scope proposed to
include reduction of lane width from 12' wide to 11' wide to optimize existing shoulders and utilize existing
pavement in areas with less than a 4' shoulder width. Scope also includes proposed striping of bike lanes
through intersections other than roundabouts.
Potential Partnering Opportunity - CDOT is looking for a funding partner for shoulder widening in areas with
less than a 4' shoulder after the reduction in lane width. Preliminary design estimate for shoulder widening -
$350,000.
Project Scope
Improvements on US 6 between MP 163.1 (Squaw Creek Road) to MP 170.1 (Avon Road) including
resurfacing and potentially guardrail, ADA, drainage improvements, paved bus pull outs and shoulder
widening.
(970) 328-9934 karen.berdoulay@state.co.us
CONTACT INFORMATION:
COLORADO DEPARTMENT OF TRANSPORTATION - EAGLE RESIDENCY
Office: (970) 328-6385 Fax: (970) 328-2368
Project Manager: Karen Berdoulay Resident Engineer: Martha Miller
(970) 343-2903 martha.miller@state.co.us
EXISTING CONDITIONS
Construction: Fall 2013
PROJECT SCHEDULE
FIR Date: December 2012
FOR Date: March 2013
AD Date: late Spring 2013
PROJECT BUDGET
Total Project - $ 5 M
AVON
COST
PER
SECTION
7,402
21,800
21,621
17,043
12,464
2,849
14,804
16,254
114,238
US 6 HIGHWAY SHOULDERS - COST PER SECTION
TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, APRIL 9, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Town Council Meeting April 9, 2013
Page 1 of 4
1. CALL TO ORDER AND ROLL CALL
Mayor Carroll called the meeting to order at 5:35 PM. A roll call was taken and Council members present
were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Also present
were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty
McKenny, Finance Director Scott Wright, Planners Matt Pielsticker and Jared Barnes, Community Relations
Officer Jaime Walker, as well as other staff members and the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT
There were no comments at this time.
4. ACTION ITEMS
4.1. Approval of Minutes from March 12 and March 26, 2013
Mayor Pro Tem Goulding moved to approve the March 12, 2013 minutes; Councilor Reynolds seconded the
motion and it passed unanimously by those members voting (Evans abstained).
Councilor Evans moved to approve the March 26, 2013 minutes; Mayor Pro Tem Goulding seconded the
motion and it passed unanimously.
4.2. Fireworks Production Contract between Western Enterprises and Town of Avon For purchase of
Salute USA Fireworks (Danita Dempsey, Special Events Supervisor)
John Curutchet, Recreation Director, presented the contract with Western Enterprises noting that the event
would take place Wednesday July 3rd. Councilor Dantas moved to approve the Fireworks Production
Contract between Western Enterprises and Town of Avon for the purchase of Salute USA Fireworks;
Councilor Wolf seconded the motion and it passed unanimously.
4.3. Action by Motion and Vote to approve CenturyLink Metro Ethernet Contracts (Cindy Kershaw, IT
Administrator)
Cindy Kershaw, IT Administrator, addressed Council questions about the need to upgrade the facilities to this
connection. There was some discussion about the costs and need for the connections. Councilor Reynolds
moved to approve the CenturyLink Metro Ethernet Contracts. Councilor Dantas seconded the motion and it
passed unanimously.
4.4. Resolution 13–12, Series of 2013, Resolution Revising the Fees Schedule for Construction Work Within
Public Right-of-Way, Town of Avon, Eagle County, Colorado (Gary Padilla, Road and Bridge
Superintendent)
Gary Padilla, Road and Bridge Superintendent, was present to address any questions related to the proposed
changes to the right of way fee structure per the memo. Council requested that further review be made of
the following:
Unintended consequences of possible pedestrian way closures and how the town would minimize such
closures
If costs cover the cost of doing business for the program
Councilor Evans moved to approve Resolution 13–12, Series of 2013, Resolution Revising the Fees Schedule
for Construction Work Within Public Right-of-Way, Town of Avon, Eagle County, Colorado. Councilor
Reynolds seconded the motion and it passed unanimously.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, APRIL 9, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Town Council Meeting April 9, 2013
Page 2 of 4
4.5. Public Hearing on Second Reading of Ordinance 13-05, Ordinance Approving A Minor PUD
Amendment and Minor Subdivision for Wildridge Point on Lots 33 and 34, Block 4, Wildridge
Subdivision Town of Avon Eagle County Colorado (Jared Barnes, Planner II)
Councilor Dantas recused himself at this time and left the council room. Dominic Mauriello, representing th
applicant, indicated there was no further presentation. Jared Barnes, Planner II, presented a recap of action
taken on the project to date. Mayor Carroll opened the public hearing, no comments were made, and the
hearing was closed. Councilor Wolf moved to approve Ordinance 13-05, Ordinance Approving A Minor PUD
Amendment and Minor Subdivision for Wildridge Point on Lots 33 and 34, Block 4, Wildridge Subdivision
Town of Avon Eagle County Colorado. Mayor Pro Tem Goulding seconded the motion and it passed
unanimously by those present (Councilor Dantas recused due to conflict of interest).
4.6. Action by motion and vote on Planning and Zoning Commission Recommendations:
4.6.1. Commence an Application by Town Council to Amend the Text of the Municipal Code on
Various Sections (Matt Pielsticker, Senior Planner)
Matt Pielsticker presented the request to the Town Council which included a list of town code amendments
suggested by town staff and members of the Planning & Zoning Commission. It was noted that the list was
created over the past two years in response to implementing the Town’s Municipal Code, Title 7
Development Code with revisions that would address such sections as the following 1) PUD Amendments vs.
Minor Amendments, 2) Public Hearing Processing Requirements, 3) Natural Resources Protection, and 4)
Defined terms to name a few. . Mayor Pro Tem Goulding moved to commence applications to amend the
text of the Avon Municipal Code; Councilor Evans seconded the motion and it passed unanimously.
4.6.2. Planning and Zoning Commission Rules of Procedure (Jared Barnes, Planner II)
Jared Barnes presented the PZC Rules of Procedure as required by the Avon Municipal Code. There was
some discussion and suggested changes as follows:
5.b. include only same locations as posting for town council
12.b meeting packets change from “shall” to “should”; may conflict with special meeting notice
requirements
13 2nd paragraph; consistent with Roberts rules of order;
14b address ex parte contact language that is consistent with code
22d soften language “cross examine”
Overall, there was consensus to include text that is consistent with current code language. Michael
Cacioppo, Avon resident, expressed opposition to eliminating the ability to contact elected officials and
encouraged eliminating the language that wouldn’t allow council members to have conversations with the
public. Town Attorney Eric Heil commented on 14b regarding the topic of “ex parte communication” noting
that it is only limited to quasi-judicial matters, but communication with council members would be allowed
on all other matters. It was decided to review a final document with revisions. Mayor Pro Tem Goulding
moved to table the decision on the PZC Rules of Procedure until suggested revisions were made to the
document. Councilor Wolf seconded the motion and it passed unanimously.
4.7. Village at Avon Settlement (Eric Heil, Town Attorney)
4.7.1. Update on Settlement Implementation
Town Attorney Eric Heil presented an update noted some of the following items:
Received revisions to the service plans and currently under review
The Receipt and closing escrow agreement is close to final document
No bond documents have been drafted yet
TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, APRIL 9, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Town Council Meeting April 9, 2013
Page 3 of 4
Next status conference dates set for April 17th & May 7th
4.7.2. Resolution No. 13-13, Series of 2013, Resolution Approving the Add-On Retail Sales Fee
Collection Services Agreement
Town Attorney Eric Heil presented the information on the resolution and provided an overview of the district
structure, financing and funding structure, the purpose of the number of agreements in place, information
about the declarations and purpose of the PIC (Public Improvement Company), etc. He reviewed version 5
of the Add-on Retail Sales Fee Collection Services Agreement noting a change made in the timing of the
remittance of funds and the cap on the total cost of collection expenses. He addressed Michael Cacioppo’s
questions about tabor implications related to the increase of the sales fee, what case law exists related to
that matter, and whether or not an election would be required in order to increase the fee. Councilor Evans
moved to approve Resolution No. 13-13, Series of 2013, Resolution Approving the Add-On Retail Sales Fee
Collection Services Agreement. Mayor Pro Tem Goulding seconded the motion and it passed unanimously.
4.7.3. Approval by Motion of Amendments to Declarations for the Commercial Public Improvement
Company and Mixed-Use Public Improvement Company
Town Attorney Eric Heil provided an overview of the Second Amendment to the Declaration of Covenants
for the Village (at Avon) Commercial Areas & the First Amendment to Declaration of Covenants for the
Village (at Avon) Mixed-Use Areas, which covenants apply to all areas of the Village. It was noted that the
declarations are property covenants that set forth the rights and obligations of the public improvement
companies to impose various public improvement fees in connection with the Town’s tax credits. The fees
include the Real Estate Transfer Fee, the Accommodations Fee, and the Retail Sales Fee. It was noted that
the PICs are required to impose an additional “Add-on Retail Sales Fee of .75% which was part of the
settlement and the Consolidated Amended and Restated Annexation and Development Agreement. It was
noted that the Town is not a party to the amendments, but rather only a party to review the documents and
provide acknowledgement that the form of the document is acceptable prior to their final approval. The
Town Attorney also addressed the Town’s legal right and ability to enforce the Add-On Retail Sales Fee.
Mayor Pro Tem Goulding moved to approve the Amendments to Declarations for the Commercial Public
Improvement Company and Mixed-Use Public Improvement Company. Councilor Evans seconded the
motion and it passed unanimously.
5. WORK SESSION
5.1. Direction on Post Boulevard Clean Up by Town Parks and Road and Bridge Divisions (Virginia Egger,
Town Manager)
Town Manager Virginia Egger reviewed the request to Council about engaging in a Post Boulevard cleanup in
the next couple of weeks noting that TCMD agreed to contribute $5800 to the total cost of $11,600. Several
items were discussed as follows:
The work would be completed by town staff
The costs were drafted in order to communicate with TCMD about their participation
The need for a letter agreement for the reimbursement of the costs
The status of the berm to be created on Hurd L
There was unanimous support to move forward with this cleanup effort.
5.2. Report on 1st Quarter Strategic Plan Work & Update, as warranted, of 2nd, 3rd and 4th Quarters
(Virginia Egger, Town Manager)
Town Manager Virginia Egger reported on the 1st Q update on the strategic plan. Council supported the
work progress completed thus far as well as supported the addition of the following two items to the work
TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, APRIL 9, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Town Council Meeting April 9, 2013
Page 4 of 4
plan: 1) Creation of Parks & Transportation Task Force working with Village at Avon and Beaver Creek, 2)
Evaluate the mall area and construction of the Wyndham Hotel to ensure the appropriate kinds of
improvements. It was noted that the town would also be reviewing all town properties and walking the mall
area in hopes of planning smarter for uses in these areas.
5.3. Committee Meeting Updates: Councilors and Mayor
5.3.1. EGE Air Alliance
Mayor Carroll noted the new United nonstop flight to Houston; airlines have raised some funding for the
that flight to begin in June.
5.3.2. UERWA Board Meeting
Mayor Pro Tem Goulding spoke about topics discussed at the last Authority board meeting, i.e. Eagle Park
Reservoir levels, status of bond financing for water tank, drought planning & policies,
5.3.3. Regional Collaboration
Mayor Carroll presented an update on the regional collaboration discussions, some work would be done
around how to create regional efficiencies as well as the topic of transportation.
5.3.4 Channel 5:
Councilor Wolf presented updates on the board meeting noting some new equipment and new programs
being offered to the community.
5.4. Council Comments
Councilor Reynolds recognized Virginia’s daughter Sophia Schwartz who won the national championship in
dual moguls and was named to us ski team c team recently. Councilor Fancher spoke about creating a
community garden. Councilor Dantas provided an update about some trail closures and impacts to Avon.
Councilor Wolf spoke about the I-70 Wild Byway effort.
5.5. Mayor Report: Future Agenda Items
It was noted that the site walk would be scheduled for the May meeting.
There being no further business to come before the Council, the regular meeting adjourned at 8 PM.
RESPECTFULLY SUBMITTED:
_________________________________
Patty McKenny, Town Clerk
APPROVED:
Rich Carroll ________________________________
Dave Dantas ________________________________
Chris Evans ________________________________
Jennie Fancher ________________________________
Todd Goulding ________________________________
Albert “Buz” Reynolds ________________________________
Jake Wolf ________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Danita Dempsey, Special Events Supervisor
Date: Friday, April 12, 2013
Agenda Topic: 2012 Town of Avon Permitted Special Events Report
INTRODUCTION
The 2012 Town of Avon Special Events Report provides information to Town Council on those activities
which require a Special Event Permit under the Municipal Code. As part of the Special Events application
process, outside promoters/organizers are asked to submit an After Action Report at the conclusion of
their event. The Report includes information on each event, including estimated population numbers,
lodging data, when available, and estimated tax revenue, also when available.
The After Action Report is designed to assist the Town in determining the viability and compatibility of each
event as well as the economic impact.
Staff has found the After Action Reports to be informative but somewhat subjective in terms of analytics.
As the Town’s Special Event Program continues to evolve, staff believes it will be important to require
outside promoters to submit a third party, independent analysis of their event. These independent
surveys are more likely to be statistically valid and will help ensure that the Town is receiving accurate and
pertinent information to base decisions.
2012 REPORTS
A Narrative Summary of each event follows. In addition, are the following documents are provided:
• Attachment A - After Action Report Form
• Attachment B – Summary Spreadsheet of Special Event Information
• Attachment C – Producer Completed After Action Reports: Snowball, Triple Bypass, XTERRA, Reds,
Whites & Brews, BecTri, Relay for Life, Ragnar Relay, TransRockies Run, America Cup, American
Crown Circus
Narrative Summary by Event:
Event: Snowball Music Festival, March 2-4, 2012
The SBMF event reported 30,000 people in attendance over the event weekend yielding 411 room nights in
the region (not specific to Avon). Room nights generated $79,432 lodging dollars to the region, however,
the only Avon property reporting was the Christie Lodge. The lodging tax specific to Avon was not
reported.
The majority of those in attendance are between the ages of 18 – 24 with 75% having an income under
$50,000.
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The overall economic impact for the event was not reported for 2012 however, staff believes it to be
similar to that of 2011 which was reported by the promoter to be 2.6 M to the region. In addition, in 2011
staff reported Avon sales tax was up by 7.16% over 2010 and accommodations tax was up by 15.76% over
2010.
Staff Comment: A final more detailed reporting for 2012 was not completed as both the Town of Avon and
SBMF promoter were starting to “go their separate ways”. It was determined by staff, elected officials
and the community to not invite SBMF to return to Avon. In 2012 the Town supported the SBMF with
$15,000 in funding.
Event: Triple Bypass East/Triple Bypass West, July 14-15, 2012
The Triple Bypass has been taking place for over 24 years donating over $900,000 in proceeds to charity.
The total event participation for 2012 was 4,834 cyclists with over 3,900 of those riders being male. Of
those participants who stayed in paid lodging (55.3%) 46.5% of them stayed in Avon properties equating to
1,236 “people” and approximately 309 room nights (2 ppl/per room). The ADR in Avon at that time of year
is $135 equating to approximately $5,000 in lodging tax. Based off reporting supplied by promoter staff
calculates retail sales tax to be approximately $6,427.
Staff Comment: The Triple Bypass East/West provides a reasonably positive economic impact to Avon.
The impacts to staff and the community are minimal for this two day event. The Town signed a three-year
“Memo of Understanding” with the promoter of the Triple Bypass event; Team Evergreen which ends July
31, 2014.
Event: XTERRA Mountain Championship, July 14, 2012
The XTERRA event has been held in Beaver Creek/Avon since 2009 with Avon hosting the first leg of the
multi-sport event; swim is held in Nottingham Lake in addition to transition to bike. XTERRA enjoys 630
athletes participating in all disciplines; sprint distance, pro distance, 10K and 21K runs.
XTERRA promoter did not report specific lodging data or retail spending data.
Staff Comment: This is a good event for Avon/BC and showcases our natural resources. If the reporting
provided by the promoter were more specific, we think the positive economic impacts would become
apparent. In 2012, the Town supported BCRC with $2,500 in funding for XTERRA.
Event: Reds, Whites & Brews, August 4, 2012
This first year event was produced by NRC 365 Mountain Networks and supported by the Town with
$6,200 of in-kind services and $3,800 in cash for the title sponsorship. The promoter sold 302 tickets; 32
VIP and 270 general admissions. Of those participants who participated in reporting, 118 were in state, 15
out of state, 26 are Avon residents and 72% came to Avon specifically for the RWB event.
Promoter reported 34 rooms nights to Avon specifically which were on a trade basis and $10,500 in retail
spend equating to $816 in retail sales tax.
Staff Comment: This is a good event for Avon and offers a unique opportunity to the guest to taste both
wine and beer which is typically done separately. The event date for 2013 was moved up by five weeks to
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June 29 to secure more wineries and brewers therefore, attracting a larger crowd. We believe the
potential for growth is positive however staff would like to see more depth in the reporting.
Event: BecTri Sprint Triathlon, August 4, 2012
The BecTri celebrated its fifth year of existence in 2012 and has taken place in Nottingham Park since
inception. The BecTri is a traditional format triathlon of swim, bike, run. The BecTri is one of the largest
fund raising efforts for the Vail Valley Charitable Fund raising $10,000 in 2012.
173 racers participated in the event with 65% living in Eagle County. Based off reporting provided by
promoter, staff has calculated approximately 40 people stayed in Avon lodging with an ADR of $135
equating to 20 room nights and generating approximately $216 in lodging tax.
Staff Comment: This is a good fit and speaks to the Town mission of “…marketing Avon as a good place
to live, work and play.” We would like to see more in depth reporting and determine the ability of the
event to reach further outside of Eagle County for participants.
Event: American Cancer Society Relay-for-Life, August 17-18, 2012
The American Cancer Society hosts over 5,000 events nationwide and around the globe to raise funds to
support cancer research. The event hosted kick off on Friday night with a survivor dinner followed by a
luminary celebration and live music in the park. Teams consisting of 10-12 people walked through the night
in Nottingham Park using the recreational path around the main soccer field. The event ended Saturday
morning with a finishing celebration.
Fifty (50) people participated in the event with minimal reporting provided by promoter.
Staff Comment: The promoter of the event was looking for a new home in Avon for this annual Eagle
County fund raising efforts. Staff does not believe that Avon is the right venue for this event as it
experienced a drastic drop in participation in 2012 due in large part to being moved “up valley”.
Event: Ragnar Relay, September 6-7, 2012
Ragnar Relay puts on races all over the nation and 2012 was the first year they held an event in Colorado.
The event only “passes through” Avon via Highway 6 en route to the finish in Aspen.
Staff Comment: The event has no to minimal impact to staff and budgets. The event does not utilize the
Town’s main event venue (park) during this time leaving it available for other event opportunities.
Event: GoreTex TransRockies Run, Sunday, August 18, 2012
The GoreTex TransRockies Run is a six day trail running event starting in Buena Vista and finishing in Beaver
Creek. The event hosts 300 event participants as well as spectators and event staff. The event only
“passes through” Avon via Highway 6 however with the finish in BC, staff believes there is a high likely
hood of some room nights and/or incremental spend associated with the event. The reporting provided
by the promoter is not very sophisticated; staff reached out to inquire as to additional information to no
success.
Page 4
Staff Comment: The event has minimal impact on staff and budgets and is a very good fit for our
neighbors; Beaver Creek. The event does not utilize the Town’s main event venue (park) during this time
leaving it available for other event opportunities.
Event: America Cup International Fly Fishing Tournament, September 20-23, 2012
The America Cup Tournament uses bodies of water throughout Eagle County for their four-day fishing
competition, Nottingham Lake being one of them. The event host hotel is located in Vail and the promoter
secures dollars from the Commission on Special Events in Vail. Therefore, specific spend in Avon is
relatively low. Ten (10) people stayed at the Christie Lodge in Avon for a total of four (4) nights spending
$2400 on lodging. These same ten people spent a total of $3500 in the retail market equating to $280 in
retail sales tax.
Staff Comment: The event utilizes Nottingham Lake at a time of year that is relatively slow and it’s nice to
see fisher persons using the lake. The event has minimal impact on resources and uses the park/lake in a
passive manner.
Event: American Crown Circus, September 21 – 24, 2012
This is a family owned circus of acrobats, jugglers, dancers, etc. (no exotic animals). Each circus
performance is approx. 1.5 hours in length. Concessions such as popcorn, bottled water, cotton candy,
toys, etc. are sold. The circus distributes discount tickets throughout the community which allow children
under 12 in for free with paying adult. Tickets for adults are $12 in advance and $16 day of. If a customer
does not have a coupon for free child admission the fee is only $5.00. The Town receives 20% of advance
ticket sales and 15% of day-of ticket sales. The Town received approximately $1,454 in revenue from the
percentage of ticket sales in 2012.
The circus entertained 1,238 individuals during its stay; 98% were from Avon, Edwards and Vail. The event
speaks directly to the Hispanic community however non-Hispanic speaking individuals attend as well.
The circus staff stays in traveling accommodations during their visit and nearly all of those attending are
from Eagle County, therefore the lodging community does not receive revenue directly related to the
event.
Staff Comment: The circus does not have much “curb appeal” however, has almost become “tradition”
for some Avon residents.
ATTACHMENT I
Town of Avon - Special Events
After Action Report
The Town of Avon requires that each event promoter granted an approved special event
permit complete the After Action Report. This report is to be submitted in a typed format
to the Special Event Supervisor within 45 days after completion of the event.
Each underlined item should be completed.
Event Introduction:
Overview – Event Strengths/Weaknesses:
Event Budget:
Use Allocated Funds from TOA:
Marketing and Promotional Efforts (attach samples):
Attendance and Demographic Information:
(In state, out of state, Avon visitors, Avon residents, age median-age, house hold income,
etc.)
Impact on Economy:
(Hotel rooming nights, rooming rates, average dollars spent excluding lodging, etc.)
Impact on Sense of Community:
Potential for Growth of Event and Sponsorship Revenue:
(Number of spectators, number of participants, sponsorship dollars raised, future
potential, etc)
Did the Attendees Enjoy this Event:
2012 Turn Key Events
Event Date Participation Room Nights
Lodging Tax
Revenue Sales Tax Revenue
Snow Ball Music Festival March 2 - 5 30,000 411 Not available Not available
Triple Bypass West/East July 14 - 15 5700 registered - 4834 finished 927 5,005.80$ 6,427.20$
Xterra Beaver Creek Championship 14-Jul 630 - see breakdown Not available No Available Not Available
Reds, Whites & Brews 4-Aug 302 paid - 198 free 34 $0 - trade rooms 816.00$
Bec Tri 4-Aug 173 racers - 100 volunteers 20 $216 Not available
Camp 911 11-Jul 76 Not applicable Not applicable Not available
American Cancer Relay for Life August 17- 18 50 participants Not applicable Not applicable Not available
Colorado Disc Dogs 18-Aug Not available Not available Not available Not available
Ragnar Relay September 7 - 8 2000 Not applicable Not applicable Not applicable
GoreTex TransRockies Run 19-Aug 300 Not available No Available Not Available
America Cup Fly Fishing Tournament September 21 - 23 6 12 115.20$ 280.00$
American Crown Circus *September 21- 23 588 adults/650 children Not applicable $1454.85*Not applicable
TVA Presidential Fitness Challenge 28-Sep 75 children Not applicable Not applicable Not applicable
* $1454.85 from sales of tickets (20%)
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Danita Dempsey, Special Events Supervisor
Date: Friday, April 12, 2013
Agenda Topic: PROPOSED 2013 SPECIAL EVENTS
With the completion of Town Council’s Strategic Plan, Town staff has met with Councilors Jake Wolf and
Buz Reynolds to discuss special event promotion and production in the Town of Avon. Dialogue has
centered on maintaining and supporting existing events and adding to the number and type of events.
We have considered what amenities and infrastructure the Town needs to consider to have Nottingham
Park function as a Special Event venue and how to shift from Town produced events to private sector
producers. We recognize the importance of community outreach, business input and support, and
working closely with Beaver Creek Resort on event development and “seeding” partnerships.
This memo reports on proposed 2013 special events and presents a report on February’s Fire & Ice.
Supporting and working to expand existing events and adding new events, which can be accommodated
through this unusual summer of work on Nottingham Lake and nearby construction of the Wyndham
Hotel, guided thinking on 2013.
Attached for Council review is the full proposed 2013 calendar of Special Events. As you will see, the
calendar no longer includes field or facility rentals such as the Lacrosse Tournament or Project Graduation.
Staff feels by removing the aforementioned from the events calendar it more accurately reflects the
“true” special events hosted in Nottingham Park. In addition, the events affected by the unavailability of
Nottingham Lake do not appear on the calendar such as the Fishing Derby and Dunk-n-Dash.
Events of special note include:
• In late June “Reds, Whites & Brews” a beer and wine tasting event returns, with an expected
participant level growing to 2,000. This event has been identified by our working group as one of
the Town’s key event weekends for music and is working with the producer, NRC 365 Mountain
Networks, to grow the event to include a more sophisticated music element. In conjunction with
the producer, we have identified Texas Country as the genre of choice. The producer hopes to
open the event this year with the addition of a Friday night restaurant tasting and then in 2014 to
offer a 2-day music event with tastings.
• There are three new additions to the 2013 calendar:
1. Volunteers for Outdoor Colorado will be using the park for volunteer camping while building a trail
connecting the Single Tree neighborhood to Avon.
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2. Denver Broncos Father’s Day Football Camp appears on the schedule. This event is still in
negotiation with the Denver Broncos organization. It would bring a standard camp put on in
Denver to Avon.
3. Vail Valley Young Professionals will be using the main athletic field to host a movie night for
members and non-members alike.
• RFQ – Major Music Event:
While the bands and attending crowd at Snowball were not in keeping with Avon’s culture, our
working group felt that Avon’s park can accommodate a successful large multi-day music concert
with the right bands. A RFQ was developed and distributed to promoters to test interest for an
August/September weekend event. If there is promoter interest, staff will develop a contract for
Council review and action.
Fire & Ice Report
In February, the Town launched fireworks over president’s weekend which was the largest winter
fireworks display in the State of Colorado and a first for the Town! The “Fire & Ice” event was developed
for the sole purpose of utilizing the pyrotechnic product “left over” from the cancellation of fireworks in
2012 due to stage two fire restrictions. The fireworks were the “fire” and staff added an invite only ice
carving competition to act as the “ice” element. The event started at 3:00 p.m. and ended at 7:00 p.m. on
Sunday, February 17. In collaboration with Beaver Creek Resort Company, Fire & Ice was cross promoted
and marketed with “PrezFest” and this collaboration allowed for economies of scale on artist travel and
expense and provided a cohesive guest experience for both communities.
Considering this was a first year event, staff believes it was very well received and enjoyed by the
community; comments were received that the fireworks were spectacular and very unique for this time of
year. Regarding the ice carving competition and animation around the ice element, staff feels there is
room for improvement and is exploring the inclusion of more ice bon fires, ice art installation and/or ice
exhibition instead of competition. We are also looking at adding live music, alcohol sales, more food
vendors and interactive ice features.
Staff was able to secure $14,500 in sponsorship revenue/grant funds for Fire & Ice.
1 | Page
2013 CALENDAR OF AVON’S SPECIAL EVENTS
Sunday, February 17: FIRE & ICE IN NOTTINGHAM PARK
Avon’s famous fireworks partners with Avon’s famous ice sculptor; Ice Sculptures.com and Scott
Rella. Nottingham Park will be host to six world-class ice carving artist as they compete over a
three hour period to create their works of art (criteria not yet determined). The crowd is invited to
vote for the people’s choice award following by the largest ice bon fire ever seen. The event builds
to the fantastic finale…Avon’s Salute to the USA fireworks program. Event time: 3:00 p.m. to
7:00 p.m.
Friday, June 14 – Sunday, June 16: VOLUNTEERS FOR OUTDOOR COLORADO
Approximately 75 people will be camping in Nottingham Park for two nights (14th, 15th). They will
be eating breakfast and dinner in the park and will be off-site, constructing a new single-trail track
during the day. Event Time: 4:00 p.m. to 4:00 p.m.
Sunday, June 16: DENVER BRONCOS FATHER’S DAY FOOTBALL CAMP – IN
NEGOTIATION
Fathers and their children will participate in various football drills, while being coached by Denver
Broncos players and area coaches. This event will take place on the main field in Nottingham Park
and will conclude with a pep talk from a Broncos player. Event Time: TBD
Wednesday, June 26: VAIL VALLEY YOUNG PROFESSIONALS
Approximately 75 people will attend this movie night (50th anniversary film) fundraiser for the Vail
Valley Young Professionals in Nottingham Park. Alcohol will be served at this ticketed event that is
open to the public. Event Time: 8:00 p.m. to 10:00 p.m.
Saturday, June 29: REDS, WHITES AND BREWS
This will be a ticketed event held in the Harry A. Nottingham Park including wine and beer tasting,
a VIP section sampling spirits, food vendors, and live Texas country entertainment. (Avon is the
title sponsor) Event time: 1:00 p.m. to 8:00 p.m.
Wednesday, July 3: SALUTE TO THE USA
Over 10,000 shells explode in the sky above Avon during Colorado Rockies largest display that is
choreographed to a musical score simulcast on local radio. The Dirty Dozen Brass Band is the
headlining for the evening. The children activities, food vendors and beer garden all open at 5:00
p.m. The grand finale fireworks display kicks-off at 9:45 over Nottingham Lake.
Event Time: 5:00 p.m. to 10:30 p.m.
Saturday, July 20: XTERRA TRIATHLON SERIES
The Beaver Creek XTERRA is part of XTERRA's Regional Point Series Schedule. The race will start
with a 1km. swim in Nottingham Lake, then mountain bike 25km. up to and around Beaver Creek
and finish with an 8km trail run on Beaver Creek Mountain.
Event Time: 8:00 a.m. finishes in Beaver Creek www.xterrabeavercreek.com
Saturday, July 13 and Sunday, July 14: 25th ANNUAL TRIPLE BYPASS BICYCLE TOUR
EAST AND WEST
The T.B.B.T tour is a 120-mile ride with over 10,000 feet of elevation gain. And yet, over 3,000
riders dare it every year. It starts in Evergreen and climbs over Squaw Pass to Idaho Springs and
on into Georgetown. From there it climbs over Loveland Pass to Frisco and over Vail Pass to the
finish line in Avon at Nottingham Park. The very next day riders get back on their bikes and ride
the same route in reverse! Event Time: 10:00 a.m. to 8:00 p.m.
www.teamevergreen.org/triple
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Saturday, August 3: BEC TRI
The fourth annual BecTri Sprint Triathlon in Harry A. Nottingham Park. The 15km bike portion
takes off from the park and circles through the Singletree neighborhood. Hop off your bike and
finish with a fast 5K run/walk along the Eagle River Path. This race is in memory of Becky
Yarberry, a beautiful example of how to love and race with all of your heart.
Events Time: 8:00 a.m. to 12:00 p.m.
Weekend of August 10, 17, 24 or September 8: MUSIC EVENT in NOTTINGHAM PARK
A RFQ has been distributed to proven outdoor-venue music producers to produce a two (2) to
three (3) day music festival in Nottingham Park. The RFQ stated the Town is only interested in
music which attracts an audience diverse in age and retains the right to reject any band and/or
performer.
Saturday, August 24: COLORDARO DISC DOG COMPETITION
The Colorado Disc Dogs club started in 1994 and gives Frisbee dog enthusiasts a chance to gather
as a group and apply their hobby. They get together at least once a month during the season,
exchanging ideas, tips, stories, and information about the sport, as well as practicing with our dogs
in a fun, comfortable atmosphere. They will gather as a group in Nottingham Park (lower field) on
the date mentioned above. The competition will host of 50-75 teams, one team consists of one
dog/one handler with the competition being of several different types of acrobatics, etc.
Event Time: 10:00 a.m. to 5:00 p.m.
Friday, September 20 – Sunday, September 22: AMERICAN CROWN CIRCUS
This Circus is great family entertainment. The bilingual emcee takes the audience on a tour of
acrobats, jugglers, aerialists, balancers and clowns. Two shows daily.
First show at 5:00 p.m.. Second show at 7:00 p.m..
Saturday, December 14: ICING IN THE PARK
Celebrate winter opening day at the Log Cabin with $1 skate rentals, children’s entertainment and
crafts, hot cocoa and goodies! Event Time: 2:00 p.m. to 5:00 p.m.
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Virginia Egger, Town Manager
Danita Dempsey, Special Events Supervisor
Date: Friday, April 12, 2013
Agenda Topic: PROCESS FOR 2014 SPECIAL EVENTS DEVELOPMENT AND 2015 WORLD CHAMPIONSHIPS
TOWN OF AVON SPECIAL EVENTS PLANNING PROCESS
2014 AND THE ‘SEEDING’ OF EVENTS
The 2013 Work Plan, which implements Council’s adopted Strategic Plan, includes the development of Special
Events, a Tier 2 Priority. The Special Event Work Plan is provided as Attachment 1.
Councilors Jake Wolf and Buz Reynolds have met with staff from Parks, Recreation and other interested staff
(Special Events Work Group) in a series of meetings to identify and develop a Special Events Strategic Plan for FY
2014-15 as called for in the Work Plan. With the 2012 Special Events Report and Proposed 2013 Special Events on
the April 23 agenda, the Special Events Work Group feels it is timely for Council to review and provide
direction in regards to the process now underway. The initial outcomes of the meetings are listed here.
1. The Avon “Brand” – Special Events play a key role in defining the Avon “Brand”. Defining the Avon
brand is an effort that relies on the leadership of the Town’s Economic Development representatives
Todd Goulding and Chris Evans, who have begun to meet with members of staff. Staff is gathering
information on how to define the brand, including process, stakeholders and cost. Information will be
reported at this group’s next meeting in early May.
2. The Special Events Work Group believes the Town should and can over time provide a diverse offering
of Special Events that support and respect the business interests, family- and residential-nature of
Avon, and the quality of a mature resort community. Diversity includes events, which are generally for
the local residents, such as the Fishing Derby, and an array of events which attract participation from
residents and visitors.
a. A number of events should become signature events of the Town of Avon and hold a place on
the annual “Town of Avon Event Calendar”. The number and type of events in Nottingham
Park need to respect the neighborhood and need of the grounds to be watered, maintained
and generally be available to the public as a park.
b. Support and expand the programs of existing special events.
c. Expand special events to include:
i. Greater cultural offerings, such as Shakespeare in the Park, Writer’s Conference, and
Educational topics. [Beaver Creek has recommended the Town meet with them to
develop signature cultural events.]
ii. 3 -4 multi-day music events in Nottingham Park: June (Reds, Whites and Brews/Texas
Country), August/September (genre to be decided), Winter – Bluegrass
iii. Establish a free summer concert series with Bravo! during five weeks in the summer –
classical music
Page 2
iv. Utilization of Lake Street for events such as food fairs and potential car/motorcycle
event.
d. Salute is a signature event produced and funded by the Town, with some level of sponsorship
support. As a general practice, special events should be produced and funded by the private
sector or non-profit agencies. The Town should “seed” events for up to 3-years in public-
private partnerships but should not be the event producer. Execute RFQs for events. Develop
metrics.
e. Facilities: Identify useable facilities, capacities and infrastructure needs for the development of
Special Events desired by the Town. Consider a ticket admission fee ($2.00) to fund these
improvements.
f. The Work Plan calls for the evaluation forming a “Cultural, Arts and Special Events
Commission to promote and assist with the production of recreational, cultural,
educational and social events” and to Draft a Special Events Strategic Plan for FY
2014-15. The Special Events Work Group plans to meet with the business community,
but first wanted Council’s input on the approach to Special Events development.
2015 World Championships Concepts
Councilors Buz Reynolds and Jennie Fancher and I me t with Ceil Folz, Vail Valley Foundation in February. The
productive meeting identified the opportunities for the Town of Avon at Nottingham Park, including the
construction of an Ice Village. Ceil also shared that adding entry flags at both exits, for example, is something
the Foundation may be able to help fund. The Ice Village also would require assistance from the Foundation.
The conceptual plan at this time is as follows. Council review and direction is appreciated. Cost estimates and
opportunities for sponsorships will then be pursued.
• From both I-70 exists place international flags entering Avon to indicate “arrival” at 2015
• Construct permanent Town of Avon entry signs
• Provide decoration at each roundabout, tree lighting, banners
• Reface Railroad bridge
• At Westin, spectator TV will be provided by VVF
• Nottingham Park
o Large tent – 2nd spectator TV, food/bar, music (Texas Country or 70s/80s) – all days
o Ice Village
o Ice skating (possibly in front of Rec Center)
• Evaluate pedestrian improvements and way finding signage on Main Street/Lettuce Shed Lane –
possible mural; identify uses of the Mall if constructed (May 28th Council site walk)
• Buses to Beaver Creek will be express; Buses returning from Beaver Creek have stops in Avon
ATTACHMENT 1 2013 Work Plan
Special Events
Tier 2 Priority – Fiscal Years 2013-2014
Leaders: Councilors Jake Wolf and Buz Reynolds
Staff: Town Manager Virginia Egger and Parks and Recreation Staff
Identify near term opportunities for special events and develop a longer term special events
strategy. In March, hold a work session to establish the duties and membership of a Cultural Arts
and Special Events Commission to lead this effort for the Town. Be spontaneous, when appropriate.
Beaver Creek Resort, with its recreational and cultural activities, is an important economic driver of
the Avon economy, offering a vast array of amenities which add to the richness of the day-to-day life
of Avon residents, the community and tourists. Avon will work closely to further build the
relationship with Beaver Creek Resort Company and Vail Resorts that supports business brands, the
tourist economy and community offerings, including but not limited meeting the transportation,
security and amenity needs of a mature resort and community.
1st Quarter January – March 2013
1.1 Town Leaders and appropriate staff meet in March to: 1) Identify opportunities and tasks to
increase special events for 2013; 2) Evaluate establishing a Cultural, Arts and Special Events
Commission to promote and assist with the production of recreational, cultural, educational and
social events
1.2 Evaluate success of Fire & Ice, including recommendation for continuation of the event or
variation
2nd Quarter April – June 2013
2.1 Implement actions for Summer 2013 new Special Events, if any
2.2 Implement a process to identify, solicit, produce and to evaluate the value (spending, ROI,
community interest) Special Events: the goal is to develop a strategic plan to grow Special Events
next Five Years
3rd Quarter – July – September 2013
3.1 Implement actions for Fall 2013 new Special Events, if any
3.2 Draft Special Events Strategic Plan for FY 2014-15, with Cultural, Arts and Special Events
Commission, if formed
4th Quarter October – December 2013
4.1 Implement actions for Winter 2013 new Special Events, if any
4.2 Budget for 2014 Special Events
Page 1
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Scott Wright, Finance Director
Date: April 17, 2013
Re: Introduction of 2012 Draft Town of Avon Audit Report
Included in Town Council is the draft 2012 Town of Avon audit report. This report has been
prepared by Town staff and is currently under review by the Town’s auditors, McMahan and
Associates. The auditors are scheduled to give their final opinion and present the audit report to
Town Council for Council’s acceptance at the May 28th Town Council meeting.
In year’s past staff has included the draft of the report at a meeting prior to the final audit
presentation in order to give Council a chance to review the report, ask questions, and make
comments prior to the final printing and presentation.
You may notice a few pages missing in the report, as follows:
The auditor’s opinion, pages 1-2. This letter will be provided once the auditors have given
final approval of the report.
Page 101, Direct and Overlapping Governmental Activities Debt. We are awaiting
information from other local governments on this statistical table.
Single Audit Section, pages 111, and 114-118. These reports are provided by the auditors
based upon the results of their single audit of the Town’s federal funds.
Although there will not be a formal presentation of this draft, please feel free to ask any
questions or provide comments to staff during the Council worksession. We are planning to
have final auditor approval of the report and go to print on May 6 so we would like any
comments no later than May 3.
Heil Law & Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Carroll and Town Council Members
FROM: Eric J. Heil, Town Attorney
RE: Village (at Avon) Settlement Implementation Update
DATE: April 19, 2013
Summary: This memorandum provides an update on the settlement implementation for the Village (at
Avon) litigation. Attached is the latest document list with notes used by the respective attorneys.
Amendments to the Traer Creek Metropolitan District and The Village Metropolitan District Service
Plans: We received additional revisions and comments from Traer Creek LLC on the Service Plan
amendments on Monday, April 15, 2013. We are currently reviewing and prepare response comments to
the proposed Service Plan amendments. I recommend continuing the public hearings to May 28, 2013 or
simply requiring a new public hearing to be scheduled and re-noticed once a complete application is
submitted which is acceptable to the Town.
Various Conveyance Documents: The parties are continuing to work on the Nottingham Dam Easement
Agreement, Wet Well Easement Agreement, Raw Water Operations and Maintenance Agreement, and
finalizing the title exceptions for the conveyance of Lots 2 and 3 to the Town.
Receipt and Closing Escrow Agreement: The Receipt and Closing Escrow Agreement appears to be in
near final form and may be ready to forward to Council by the end of next week.
Review of Bond Documents: As of the date of this memorandum we have not received drafts of bonds
documents for our review.
Status Conference with Court: A Status Conference was held on Wednesday afternoon, April 17, 2013.
The Judge issued an Order providing that all parties had to provide completed documents for the
settlement by June 20, 2013. The next Status Conference is scheduled for Tuesday, May 7, 2013 at 10:00
a.m.
Requested Action: No Council action is requested at this time.
Thank you, Eric
M EMORANDUM
& PLANNING, LLC
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Jim Horsley, Engineer II
Date: April 19, 2013
Agenda Topic: Nottingham Lake Liner Repair
The snow and unseasonably cold temperatures are not fitting into the planned temporary repair of the
lake liner for filling this spring. Town staff met Thursday and concurred that the weather predictions will
further delay the needed snowmelt and warmth to begin the patch repair. In developing a revised
schedule for the project, it will be ideal if weather conditions allow patch repairs, which take
approximately 5 days to be made the Week of April 29th. This timing, however, is ambitious considering
how wet the area is.
Staff will be prepared to move as soon as possible, but believe repairs will be commenced, completed, and
filling of the lake started the week of May 6th. Due to the late start and timeline constraints as well as the
determination that liner repair requires a degree of expertise, H & H Environmental will be retained to help
remove sediment and patch holes. The firm is recommended by the Town’s Consultant Greg Monley as a
company with the requisite experience in using, installing, and testing liner patch seals.
H & H will hire temporary employees, as needed, to augment the Town Parks staff role in removing
sediment and replacing the soil once the patching is complete. Road and Bridge staff is busy with the
scheduled Town Clean‐up that week. This schedule could be changed, but for now we feel we will just be
falling too far behind on other work if Clean‐up does not stay on track. Estimated cost for H & H is up to
$12,460 if no labor is provided by the Town, with funds coming from Capital Improvements.
Staff anticipates that the State Engineers Office will complete its final liner replacement construction plan
review and provide additional comments, if any, the week of April 22nd. The State Engineers Office will visit
the site periodically throughout the liner replacement construction project later this summer/fall.
The lake could begin to fill upon completion of two of the six patches as the other patches are at
elevations that will not be affected by the fill for several days. Town staff will also complete our annual
irrigation system test so that watering the park can begin on time in early June.
We do not have concerns in having enough water to fill the lake by mid to late June. It is our
understanding, based on discussions with XTERRA event organizers, that a minimum of 4’ of water is
needed for the swim, but 5’ is preferred. The worst case scenario is that water is at the 4’ level and the
swim course is arranged in a manner to keep the swimmers at 4’ or higher.
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Virginia Egger, Town Manager
Date: April 18, 2013
Agenda Topic: Hahnewald Barn Update
Linn Brooks, Executive Director of the Eagle River Water and Sanitation District, has updated the
Town of Avon that she has spoken with Jeanette Hix, a member of Avon’s historic Committee and
brainstormed a few ideas for partnering on funds. Linn also spoke with Rick Pylman, who is the planner
for the Hay Meadow project in Eagle, and for whom the quote for moving the barn was provided. He is
checking back with the developer to see if they would still be willing to place the barn on their property, if
some matching funds were available. She indicated the District is fine with putting off the take down of
the barn until summer 2014 to allow some time for partnerships to come together.
Matt Pielsticker, Senior Planner, at Jeannette’s request provided Avon’s scaled park plan drawing to Greg
Macik, an architect who also is on the Historic Committee. He is interested in evaluating whether there are
any feasible locations in Nottingham Park for the barn relocation. Lot 2 of the Eaglewood Subdivision also
is being considered as a potential location in Town.
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Jim Horsley, Engineer II
Date: Wednesday, April 17, 2013
Agenda Topic: Stonebridge Drive Bridge Deck Repair
Last week during a capital improvement project review meeting, Gary Padilla, Road and Bridge
Superintendent, noted that the Stonebridge Drive bridge deck is in need of repair. I made a field visit on
Friday, April 12, and observed (3) approximate 2’ x 2’ areas where the concrete surface has broken out
allowing moisture to penetrate and migrate along the rebar reinforcement an inch or so below the deck
surface. Gary indicated that this has been an ongoing problem and concrete patching/repair has been
performed in previous years. The existing patches appear to be in fairly good condition but the areas
are expanding.
The Engineering Department considers repair a high priority project. An effective and long lasting repair
method would be to remove areas of damaged and delaminating concrete, clean thoroughly, and recoat
exposed rebar for corrosion protection, followed by patching with specialty concrete products,
placement of a waterproof membrane and asphalt overlay of the entire bridge deck. We estimate that
the described repair method would cost between $30,000 and $50,000 and plan to incorporate into our
2013 Street Improvements Project going out to bid in mid-May. Public Works has placed temporary
asphalt patches in the damaged areas.
A bid package will be distributed and once a final cost is known, staff will return to Council for action.
Page 1
Memo
To: Virginia Egger, Town Manager
Thru: Scott Wright, Finance Director
From: Kelly Huitt, Budget Analyst
Date: April 17, 2013
Re: Financial Matters – Sales and Accommodations Tax February 2013
Summary:
SALES TAX
Sales tax revenue for the month of February is up $103,155.79 (19.33%) over February 2012
and up 13.13% compared to the monthly budget. It is the highest sales tax collections for
February on record. This gain includes approximately $28,500 from anomalous collections
and $19,400 from new businesses, therefore 10.36% is actual growth in revenue for the month.
February collections report increases from 2012 for all industries except Other Businesses.
Liquor Stores are up approximately $16,000 for the month because of one delinquent return in
2012. After adjusting for the delinquency, Liquor Stores are actually down -2.48% for the
month from last year. Grocery, Specialty, and Health businesses are up over $19,000 due to
higher collections and the addition of new business. Miscellaneous Retail is up $14,643, of
which 93.87% can be attributed to delinquent returns. Sales tax from Accommodations for
February is up $31,614.
Year to date sales tax collections are up $261,314.68 over 2012 and $203,581.15 over budget.
The January portion of the year-over-year increase equals $158,158.89. This amount includes
approximately $20,000 from new businesses and $57,000 from atypical tax collections, with
the remaining $81,000 (15.61%) being the actual growth for the month.
ACCOMMODATIONS TAX
Accommodations tax revenue for February is up $31,487.29 (29.70%) compared to February
2012 and up 19.96% compared to the monthly budget. Year-to-date accommodations tax
collections are up $49,876.84 over 2012 and $33,947.77 over budget. MTRiP data indicates a
Town of Avon
Page 2
22.3% increase in occupancy year-over-year for the month of February, which correlates with
the increase in tax collections.
February Accommodations Tax collections are up for all areas. The Riverfront/West River
District is up over $19,000 for the month.
All lodging types showed an increase in their February accommodations tax collections.
Staff will evaluate the reporting and analysis within the Financial Matters Packet to ensure the
information provided to Town Council and the public is as informative and useful as possible. I
appreciate your recommendations.
Sales Tax- Area % Change Feb YTD
Accommodations Tax- Area % Change Feb YTD
East Avon 19.61% 21.10%
Town Center East 29.06% 20.99%
Nottingham/Wildridge 15.70% 12.98%
Town Center West 21.54% 21.83%
Out of City -16.30% -24.06%
West Beaver Creek 33.54% 30.76%
West Avon 35.83% 96.38%
Riverfront/ West River District 32.45% 26.13%
Riverfront/West River District 24.86% 19.57%
East River / The Ascent 42.12% 62.55%
Village at Avon -4.86% -.85%
Sales Tax- Industry % Change
Feb
YTD
Accommodations Tax- Industry % Change
Feb
YTD
Home/Garden 26.31% 23.55%
Time Share 36.39% 33.89%
Grocery, Specialty, Health 15.43% 31.29%
Hotel 29.69% 25.28%
Liquor Stores 110.09% 40.94%
Vacation Rental 22.74% 17.43%
Sporting Goods Retail/Rental 2.39% 7.36%
Miscellaneous Retail 42.93% 6.58%
Accommodations 29.15% 24.99%
Restaurants/Bars 16.91% 17.68%
Other -6.95% -14.18%
Service Related 14.45% 380.99%