TC Council Packet 05-26-2015 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MAY 26, 2015
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICERS
MAYOR JENNIE FANCHER
MAYOR PRO TEM JAKE WOLF
COUNCILORS
MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3)
REGULAR MEETING BEGINS AT 5:05 PM
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT –COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. ACTION ITEMS
4.1. PRESENTATION AND MOTION TO ACCEPT THE 2014 TOWN AUDIT
(ASSISTANT TOWN MANAGER SCOTT WRIGHT, PAUL BACKES, MCMAHAN & ASSOC., CPAS)
4.2. PRESENTATION OF A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING (CAFR) TO
ASSISTANT TOWN MANAGER SCOTT WRIGHT AND FINANCE MANAGER VALERIE B ARRY ON BEHALF OF THE
FINANCE DEPARTMENT (MAYOR JENNIE FANCHER)
4.3. PUBLIC HEARING SECOND R EADING OF O RDINANCE NO. 15-06, A REZONING OF LOT B, AVON CENTER
SUBDIVISION, FROM PUD TO TOWN CENTER (TC) ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER)
4.4. REVIEW AND DIRECTION REGARDING A PROPOSAL BY THE SEASONS FOR REDEVELOPMENT AND CHANGES
FROM COMMERCIAL USE TO ACCOMMODATIONS USE A BUTTING THE MAIN STREET MALL
(PLANNING MANAGER MATT PIELSTICKER)
4.5. ACTION ON NOTICE OF AWARD FOR THE 2015 RECREATION CENTER REMODEL PROJECT
(TOWN ENGINEER JUSTIN HILDRETH)
4.6. FIRST READING OF ORDINANCE NO. 15-07, AMENDING CHAPTER 5.24, SECTION 9.12.080 AND CHAPTER 9.40
OF THE AVON MUNICIPAL CODE AND REPEALING RESOLUTION NO. 88-20 CONCERNING AMPLIFIED SOUND
PERMITS, PERMITTING OF PRIVATE EVENTS ON TOWN PROPERTY AND PROHIBITING SMOKING IN PARKS, OPEN
SPACE AND THE MAIN STREET MALL (TOWN ATTORNEY E RIC HEIL)
4.7. ACTION ON APPROVAL OF DATES AND FUNDING FOR THE COMMUNITY MUSIC FESTIVAL SERIES, PRODUCER
PEAK PERFORMANCES, TO BE HELD AT THE NOTTINGHAM PAVILION ON AUGUST 5, 12 AND 19
(MIKE O’BRIEN, PEAK PERFORMANCES AND FESTIVAL AND SPECIAL EVENTS DIRECTOR DANITA DEMPSEY)
4.8. PUBLIC HEARING RESOLUTION NO. 15-09, AMENDING THE 2015 GENERAL, WATER, DEBT SERVICE, FLEET
MAINTENANCE AND TRANSIT FUND BUDGETS (BUDGET A NALYST KELLY HUITT)
4.9. PUBLIC HEARING RESOLUTION NO. 15-10, AMENDING THE 2015 CAPITAL PROJECTS FUND BUDGET
(BUDGET A NALYST KELLY HUITT)
__________________________________________________________________________________
MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY.
Page 1
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MAY 26, 2015
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
4.10. MINUTES FROM MAY 12, 2015 MEETING (TOWN CLERK DEBBIE HOPPE)
5. STUDY SESSION
5.1. DISCUSSION REGARDING TOWN OF AVON POLICING PHILOSOPHY, INCLUDING BODY WORN CAMERAS, CORE
PATROLLING, SEAT BELT INFRACTIONS, AND REVIEW OF 1ST QUARTERLY POLICE REPORT
(POLICE CHIEF ROBERT TICER)
6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
6.1. COLORADO MUNICIPAL LEAGUE (CML) EAGLE 2015 SPRING OUTREACH MEETING (MAYOR PRO TEM WOLF)
6.2. UBER UPDATE (MAYOR PRO TEM WOLF)
7. MAYOR & COUNCIL COMMENTS
8. WRITTEN REPORTS
8.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT)
9. EXECUTIVE SESSION (THIS SESSION IS NOT OPEN TO THE PUBLIC)
9.1. FOR THE PURPOSE OF A CONFERENCE WITH THE TOWN ATTORNEY FOR RECEIVING LEGAL ADVICE UNDER C.R.S.
§24-6-402(2)(B) CONCERNING THE TOWN MANAGER INQUIRY.
10. ADJOURNMENT
__________________________________________________________________________________
MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY.
Page 2
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MAY 26, 2015
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICERS
CHAIRMAN JENNIE FANCHER
VICE CHAIRMAN JAKE WOLF
BOARD MEMBERS
MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: EAGLE VALLEY HUMANE SOCIETY
EVENT NAME: SALUTE TO U.S.A.
EVENT DATES: JULY 3, 2015; 4:00 PM UNTIL 10:30 PM
LOCATION: NOTTINGHAM LAKE
EVENT MANAGER: CHAR GONSENICA
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
4.2. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER
EVENT NAME: TASTE OF NATURE GALA
EVENT DATES: JULY 7, 2015
LOCATION: WALKING MOUNTAINS SCIENCE CENTER
EVENT MANAGER: GINA GARRETT
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
4.3. APPLICANT NAME: TEAM EVERGREEN BICYCLING CLUB
EVENT NAME: TRIPLE BYPASS BICYCLE RIDE
EVENT DATES: JULY 11, 2015
LOCATION: NOTTINGHAM LAKE PARK – UPPER SOCCER FIELD
EVENT MANAGER: JENNIFER ANDERSON
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
5. RENEWAL OF LIQUOR LICENSES
5.1. APPLICANT: TCF 1, LLC D/B/A CASTLE PEAK GRILL
LOCATION: 0101 FAWCETT ROAD #100
TYPE: HOTEL & RESTAURANT
MANAGER: DAN LEARY
6. MINUTES FROM MAY 12, 2015
7. ADJOURNMENT
__________________________________________________________________________________
MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY.
Page 3
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, MAY 12, 2015
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER AND ROLL CALL
Chairman Fancher called the meeting to order at 5:05 p.m. A roll call was taken and Board members present
were Megan Burch, Buz Reynolds, Matt Gennett, Scott Prince, and Sarah Smith Hymes. Also present were
Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Executive
Assistant Preston Neill and Town Clerk Debbie Hoppe, as well as members from the public. Vice Chairman
Wolf appeared remotely.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No public comments made.
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICATION NAME: SAMANTHA REMINGTON ANGEL HEART FOUNDATION
EVENT NAME: REDS, WHITES & BREWS
EVENT DATE: JUNE 20, 2015
LOCATION: NOTTINGHAM PARK
EVENT MANAGER: JEN RADUEG
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
The application was presented by Jen Radueg. Board member Gennett moved to approve the Reds, Whites
& Brews Special Event Permit; Board member Smith Hymes seconded the motion and it passed unanimously
with those present.
5. MINUTES FROM APRIL 28, 2015
Board member Reynolds moved to approve the Minutes from April 28, 2015; Board member Gennett
seconded the motion and it passed unanimously with those present.
5. FINAL - LA 05-12-2015 Minutes Page 1
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, MAY 12, 2015
AVON TOWN HALL, ONE LAKE STREET
7. Adjournment
There being no further business to come before the Board, the meeting adjourned at 5:14 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ______________________________________
Jake Wolf ______________________________________
Matt Gennett ______________________________________
Megan Burch ______________________________________
Albert “Buz” Reynolds ______________________________________
Scott Prince ______________________________________
Sarah Smith Hymes ______________________________________
5. FINAL - LA 05-12-2015 Minutes Page 2
CERTIFICATE OF ACHIEVEMENT
FOR EXCELLENCE IN FINANCIAL REPORTING
The Government Finance Officers Association of the United States and Canada (GFOA) established the
Certificate of Achievement for Excellence in Financial Reporting Program (CAFR Program) in 1945 to encourage
and assist state and local governments to go beyond the minimum requirements of generally accepted
accounting principles to prepare Comprehensive Annual Financial Reports that evidence the spirit of
transparency and full disclosure and then to recognize individual governments that succeed in achieving that
goal.
Reports submitted to the CAFR program are reviewed by selected members of the GFOA professional staff and
the GFOA Special Review Committee (SRC), which comprises individuals with expertise in public-sector
financial reporting and includes financial statement preparers, independent auditors, academics, and other
finance professionals. Each CAFR is reviewed using a checklist designed to determine compliance with both
generally accepted accounting principles (GAAP) and program policy as established by the GFOA’s Special
Review Executive Committee. A Certificate is awarded only if there is consensus among reviewers that a CAFR
substantially complies with both GAAP and program policy.
This is the Town’s 23rd consecutive award in the CAFR program. Avon’s achievement is an elite
accomplishment with less than 1% of municipalities with populations under 10,000 persons receiving this
honor.
Assistant Town Manager Scott Wright and Finance Manager Valerie Barry, will accept the award on behalf of
the entire Finance Department staff.
THE GFOA REVIEW PROCESS
Reviews are performed by GFOA staff and members of the GFOA’s Special Review Committee, which comprises individuals
from government, the public accounting profession, and academe who possess specialized expertise in governmental
financial reporting, typically as a result of either preparing or auditing a CAFR that has received the Certificate of
Achievement. Reviewers are never selected from the same state as the CAFR being reviewed or from the same firm that
performed the independent audit.
The CAFR is graded on the following categories, when applicable to the government:
• Cover, table of contents, and formatting
• Introductory section
• Report of the independent auditor
• Management’s discussion and analysis (MD&A)
• Basic financial statements (preliminary considerations)
• Government-wide financial statements
• Fund financial statements (general considerations)
• Governmental fund financial statements
• Proprietary fund financial statements
• Fiduciary fund financial statements
• Summary of significant accounting policies (SSAP)
• Note disclosure (other than the SSAP and pension-related disclosures)
• Pension and other postemployment benefit related note disclosures
• Required supplementary information (RSI)
• Combining and individual fund information and other supplementary information
• Statistical section
• Other considerations
TOWN COUNCIL REPORT
To: Mayor and Town Council
From: Matt Pielsticker, Planning Manager
Date: May 20, 2015
Agenda Topic: PUBLIC HEARING – Ordinance 15-06
Case #REZ15003
Introduction
The Applicant, Treadstone Development, LLC, with permission from the Owner, Chicago Title Insurance
Company, has submitted a Rezoning application (the “Application”). The request would rezone what is
commonly referred to as “Lot B” from the Planned Unit Development (“PUD”) designation to the Town
Center (“TC”) zone district. The proposed TC zone district would allow for the future development of
the site as a hotel, along with other customary uses enumerated in Table 7.24-1, Allowed Uses, Avon
Development Code (“ADC”). A narrative from the Applicant is attached to this report.
The Planning and Zoning Commission (“PZC”) reviewed the Application and conducted a public hearing
on April 7, 2015. After reviewing the Application materials and Staff’s analysis the PZC forwarded a
unanimous recommendation for approval to the Town Council. That recommendation is attached to
this report for consideration.
Process
The review process required a noticed public hearing with PZC. Final action is taken on the Application
by Town Council after conducting public hearings and either approval by Ordinance or denial by motion
and findings of fact. Second Reading of Ordinance 15-06 is scheduled for May 26, 2015 final action.
Property Background
Originally, the property was part of Lots 47-54, Block 2, Benchmark at Beaver Creek Subdivision and
zoned Specially Planned Area (SPA). The properties included a number of “Commercial / Condominium /
Apartment” unit allocations, and the Plat included a broad definition for permitted Commercial land
uses; building heights up to eighty (80) feet were granted by right.
The properties were later re-platted as Lots A, B, and C in the general layout that exists today with: Lot
A (now Lodge at Avon Center), Lot B, and Lot C (Sheraton Mountain Vista PUD). The project was
originally envisioned as a phased project with Lot A being Phase I, Lot B as Phase II, and Lot C as Phase
Staff Review &
Report
PUBLIC HEARING:
PZC
PUBLIC HEARING:
Council & 1st
Reading of
Ordinance
PUBLIC HEARING:
Council & 2nd
Reading of
Ordinance
Ordinance 15-06 Lot B Rezoning
May 26, 2015 Town Council Meeting
1
III. Ultimately the Avon Center developed and Lot C was rezoned to PUD to advance the Sheraton
Mountain Vista Development Plan.
In December, 1998, the Avon Town Council approved a zone change from the TC zone district to PUD.
The PUD zone district was proposed for several reasons: increased building height, reduced setbacks,
and a reduced number of parking spaces. The PUD Development Plan that was approved in 1999 by
Ordinance 1999-3, and later ratified in 2000 by Ordinance 2000-20 included:
• 104 Accommodation Units
• 6 Employee Housing Units
• All Uses allowed in Town Center with addition of Timeshare Use
• 106’ Building Height with ability to reach 111’ with ancillary structures
• 17,500 sq. ft. Minimum Commercial Density
• 50,000 Maximum Commercial Density
• Modified Parking standards including 1 parking space/ per Accommodation Unit and 2.4 parking
spaces / per 1,000 sq. ft. of Commercial
• Surface and garage parking requirements including 95 spaces for Lodge at Avon Center
• Off-Site Snow removal
The Development Plan expired after construction failed to commence, and the vested property rights
expired in 2008 when the Development Agreement expired after ten (10) years from approval. It is
Staff’s preference to have all properties zoned with an underlying zone district, and this Application
would help maintain continuity with other properties in the immediate vicinity.
Since the PUD expired the property ownership has been transferred several times and Chicago Title
Company currently holds title. The property has historically and is currently being used for the surface
parking needs of the Lodge at Avon Center.
Property Description
As mentioned, Lot B is a 1.735 acre parcel that is composed of several parcels: Lot B (the “Development
Property”); Lot 2 – a surface estate reserved for development which includes a portion of the patio and
parking structure entrance adjacent to Bob’s Place; Lot 3 – airspace above Lot 2 reserved for
development; Lot 5 – a subsurface lot where parking exists generally outside the area of Eagle County
Annex’s office in the Lodge at Avon Center; and Lot 7 – a parcel reserved for development which is
located adjacent to the canopy entrance near Bob’s Place on the west side of the Lodge at Avon Center.
The Property is bounded on the south by the Pedestrian Mall; on the north by West Beaver Creek
Boulevard; on the west by the partially developed Sheraton Mountain Vista PUD and on the east by the
Lodge at Avon Center. Approximately 125 parking spaces are located on the Property currently, with
other minor improvements such as light poles and parking garage controls for the Lodge at Avon
Center.
Application Summary
The proposal is to modify the Town’s Zoning Map for Lot B from PUD to the TC zone district. This
Application includes a narrative provided by the Applicant. If approved, the following dimensional
standards would apply to any future development:
Ordinance 15-06 Lot B Rezoning
May 26, 2015 Town Council Meeting
2
Rezoning Review Criteria Analysis
As outlined in Sec. 7.20.080(e), the Purpose of the Town Center District is as follows:
“The TC district is intended to provide sites for a variety of uses such as hotels, commercial
establishments, offices and some residential uses in a predominately pedestrian environment. The
Town Center should be distinguished from other areas in the Town and serve as the focal point for
social, business, and cultural activities. This district contains the highest intensity of uses and
should serve as the major transit destination as well as provide high levels of pedestrian
accessibility. The TC district implements the mixed-use classification of the Avon Future Land Use
Plan.”
The review process and review criteria for zoning amendments are governed by AMC §7.16.050,
Rezonings. The Town Council shall use the criteria below as the basis for a final decision on the
Rezoning application. Staff responses to each review criteria are provided.
(1) Evidence of substantial compliance with the purpose of the Development Code;
Staff Response: The Application is substantially compliant with the purpose statements of the
Development Code by providing for the orderly, efficient use of the Property, while at the same
time conserving the value of the investments of owners of property in Town.
The Application promotes the health, safety, and welfare of the Avon community by providing
assurances with respect to building form, development standards, and allowed uses consistent
and in scale with adjacent neighboring Town Center (TC) properties. The proposed land use also
appears to be in substantial compliance with the purpose of TC zone district as outlined below.
The entire Purpose statement section from the Development Code (Section 7.04.030 -
Development Code Purposes) is outlined for quick reference:
(a) Divide the Town into zones, restricting and requiring therein the location, erection,
construction, reconstruction, alteration and use of buildings, structures and land for trade,
industry, residence and other specified uses; regulate the intensity of the use of lot areas;
Ordinance 15-06 Lot B Rezoning
May 26, 2015 Town Council Meeting
3
regulate and determine the area of open spaces surrounding such buildings; establish building
lines and locations of buildings designed for specified industrial, commercial, residential and
other uses within such areas; establish standards to which buildings or structures shall conform;
establish standards for use of areas adjoining such buildings or structures;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(c) Comply with the purposes stated in state and federal regulations which authorize the
regulations in this Development Code;
(d) Avoid undue traffic congestion and degradation of the level of service provided by streets
and roadways, promote effective and economical mass transportation and enhance effective,
attractive and economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation of
viability, all to conserve the value of the investments of the people of the Avon community and
encourage a high quality of life and the most appropriate use of land throughout the
municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes
costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all
public services and public facilities, including but not limited to water, sewage, schools, libraries,
police, parks, recreation, open space and medical facilities;
(h) Minimize the risk of damage and injury to people, structures and public infrastructure created
by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural
hazards;
(i) Achieve or exceed federal clean air standards;
(j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion,
reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into
streams and enhancing public access to recreational water sources;
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic
views, provide recreational opportunities, sustain the tourist-based economy and preserve
property values;
(l) Promote architectural design which is compatible, functional, practical and complimentary to
Avon's sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve
efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of
non-renewable natural resources and attain sustainability;
(n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs
in the Town, provides a range of housing types and price points to serve a complete range of life
Ordinance 15-06 Lot B Rezoning
May 26, 2015 Town Council Meeting
4
stages and promotes a balanced, diverse and stable full time residential community which is
balanced with the visitor economy;
(o) Promote quality real estate investments which conserve property values by disclosing risks,
taxes and fees; by incorporating practical and comprehensible legal arrangements; and by
promoting accuracy in investment expectations; and
(p) Promote the health, safety and welfare of the Avon community.
(2) Consistency with the Avon Comprehensive Plan;
Staff Response: The rezoning application will provide consistency with the Comprehensive
Plan and supporting documents. The existing/future land use maps contained in the
Comprehensive Plan call for “Mixed-Use” designation. The Comprehensive Plan defines the
intent of the “Mixed-Use” as follows:
Mixed Use– The intent of the mixed-use designation is to create an area
providing commercial retail and service uses with a supporting mix of office,
residential, lodging, and entertainment uses in an urbanized, pedestrian-oriented
environment. A high proportion of lodging and other residential uses should be
achieved in order to create the needed critical mass of population and activity to
energize the Town Center District. Building should be vertically mixed, with
retail, restaurants, and other commercial services located on the lower levels in
order to encourage a high level of interest and pedestrian activity. Building
design, siting, and orientation, as well as shared parking facilities and public
gathering spaces create an environment that is appealing and inviting for
pedestrians and vehicles.
This definition dovetails with the intent and purpose of the proposed TC zone district as it “is
intended to provide a variety of sites for hotels….and the TC district implements the mixed-use
classification of the Avon Future Land Use Plan”. Specific Goals and Policies supportive of this
rezoning application include the following:
• Policy B.1.5: Require that development within the Town Center Districts is
readily accessible to and otherwise integrated with existing retail areas and
transit service routes for both pedestrians and vehicles.
• Policy B.1.8:Locate uses that generate traffic to areas near transit facilities or
shared parking facilities to minimize automobile travel and “re-parking” within
the same area.
• Goal C.1: Provide a balance of land uses that offers a range of housing options,
diverse commercial and employment opportunities, inviting guest
accommodations, and high quality civic and recreational facilities, working in
concert to strengthen Avon’s identity as both a year-round residential
community and as a commercial, tourism and economic center.
Ordinance 15-06 Lot B Rezoning
May 26, 2015 Town Council Meeting
5
• Policy C.1.3: Focus lodging and guest accommodation in the Town Center
Districts to take advantage of the proximity to retail, commercial and other
community services.
• Goal E.3: Increase the number of visitors to Avon by enhancing our
attractiveness as a destination resort community.
The Comprehensive Plan includes the Property in the middle of the West Town Center District.
The West Town Center District shows a series of Public Plazas and the opportunity for
redevelopment of the Pedestrian Mall area, both of which took place in 2014. The role of the
West Town Center District is to serve as the heart of the community. The district acts as “the
common ground between the full–time residents, part-time residents, and destination guests
through diverse retail and entertainment opportunities.” The surrounding public gathering
spaces and pedestrian connections are essential in forming the fabric of a successful town
center. The West Town Center District also benefits greatly with the Pavilion and other
entertainment oriented land uses which connect with lodging properties in the area.
(3) Physical suitability of the land for the proposed development or subdivision;
Staff Response: The Property is centrally located with access off West Beaver Creek
Boulevard. There are challenges with a shared vehicle entrance and interface with the Lodge
at Avon Center; however, the property size and relative flatness provide for a physically
suitable piece of land for hotel or other commercial mixed-use development that is permitted
in the TC zone district.
Ordinance 15-06 Lot B Rezoning
May 26, 2015 Town Council Meeting
6
(4) Compatibility with surrounding land uses;
Staff Response: The area surrounding Lot B presents a wide mix of lodging, retail, eating and
dining establishments, professional office, residential, financial, educational, government,
recreation, and public park uses. Hotels and other short term occupancy land uses fit well in
high density commercial areas were guests can walk to amenities or utilize public transit.
Connections to pedestrian networks, direct access to Avon Station, and the Gondola are
positive attributes of the property.
Compatibility with neighboring existing and planned development goes beyond use by itself;
the final design (i.e. architectural, setbacks, etc.) will be paramount to evaluating
comprehensively a future project on Lot B. The standards of the TC zone district are in sync
with the neighboring development patterns with generally taller building heights and reduced
setback requirements.
(5) Whether the proposed rezoning is justified by changed or changing conditions in the
character of the area proposed to be rezoned
Staff Response: The rezoning is justified since the existing “Suites at Avon” PUD has long
expired. Reverting back to the TC zone district is in the character of the area and supported
by the Comprehensive Plan documents.
(6) Whether there are adequate facilities available to serve development for the type
and scope suggested by the proposed zone compared to the existing zoning, while
maintaining adequate levels of service to existing development;
Staff Response: The type and scope of any project permitted in the TC zone district can be
supported by existing infrastructure. A detailed analysis would take place at Development
Plan review.
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning
district(s);
Staff Response: The TC zone district is well suited for a hotel project. The TC district is
“intended to provide sites for a variety of uses such as hotels, commercial establishments, offices
and some residential uses in a predominately pedestrian environment.” The recent pedestrian
improvements help blur the line between Lot B and other neighboring TC properties.
(8) That, compared to the existing zoning, the rezoning is not likely to result in
adverse impacts upon the natural environment, including air, water, noise, stormwater
management, wildlife, and vegetation, or such impacts will be substantially mitigated;
Staff Response: Moving to a standard zone district has several distinct advantages, in that
there can be no exceptions to the Development Code standards put in place as with a PUD
classification. If zoned TC, the impacts would be minimized and managed due to the codified
regulations enacted to protect things like air quality, water, stormwater, etc. All facets of the
Development Code would apply including but not limited to: Landscaping, mobility and
Ordinance 15-06 Lot B Rezoning
May 26, 2015 Town Council Meeting
7
connectivity, screening, natural resource protection, stormwater drainage, water supply, and
sewage disposal.
(9) That, compared to the existing zoning, the rezoning is not likely to result in
significant adverse impacts upon other property in the vicinity of the subject tract;
Staff Response: The existing zoning is defunct with an expired PUD. No significant impacts to
other properties in the vicinity are envisioned with a TC land use designation. The most
affected properties will be the Lodge at Avon Center (Lot A) and Alpine Bank (Lot 55) given
their proximity, existing development patterns, building entrance orientation, and parking
locations. Additionally, private parking covenants further impact neighboring properties and
potential development on Lot B. Impacts and the general compatibility of a development
plan submittal would be reviewed in detail through the public process.
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master
Plan as reflected in the approval of the applicable PUD; and,
Staff Response: The Application is a rezoning and would remove the property from the
current PUD zone district classification and what Staff refers to as a “blank PUD”. As stated,
the existing PUD is irrelevant due to its expiration.
(11) Adequate mitigation is required for zoning amendment applications which result
in greater intensity of land use or increased demands on public facilities and infrastructure.
Staff Response: While the exact density or intensity of uses is unknown, previous entitlements
for the property included substantial commercial and lodging uses. Mitigation measures will
be reviewed in detail when a development plan is developed.
Recommended Motion:
“I move to approve Second and Final Reading of Ordinance 15-06, an Ordinance Approving the
Rezoning of Lot B to the Town Center Zone District – setting a Public Hearing for May 26, 2015.”
Attachments
A – Draft Ordinance 15-06
B – PZC Findings & Recommendation
C - Vicinity Maps
D - Application Materials
Ordinance 15-06 Lot B Rezoning
May 26, 2015 Town Council Meeting
8
TOWN OF AVON, COLORADO
ORDINANCE 15-06
SERIES OF 2015
AN ORDINANCE APPROVING THE REZONING OF LOTS 2 AND 3
AND LOTS B, 5 AND 7 (COLLECTIVELY REFERRED TO AS “LOT B”),
AVON CENTER AT BEAVER CREEK, TO THE TOWN CENTER ZONE
DISTRICT
RECITALS
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, Treadstone Development, LLC (“Applicant”) has obtained consent of the
owner of real property in the Town to submit development applications to the Town, which
property is referred to as:
“Lots 2 and 3 and Lots B, 5 and 7, Second Amended Condominium Map and
Resubdivision of Lots A and B, Avon Center at Beaver Creek a resubdivision of Lots 47,
48, 49, 50, 51, 52, 53, and 54, Block 2, Benchmark at Beaver Creek, Amendment No. 4,
recorded May 07, 2003 at Reception No. 832542, except for Lot 2a (also known as
Reconveyance Lot A) and Lot 3a (also known as Reconveyance Lot B) as shown thereon,
and as described in the General Warranty Deeds recorded on October 5, 2010 at
Reception Nos. 201019949 and 201019950, respectively, County of Eagle, Colorado
(“Property”)”; and
WHEREAS, the Applicant submitted a Rezoning Application (referred to as the
“Application”) to the Town’s Community Development Department on March 19, 2015; and
WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held a public hearing on April 7, 2015; and prior to
formulating a recommendation to the Town Council considered all comments, testimony,
evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a
recommendation to the Town Council to approve the Application; and
WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other
authority granted by the Town Charter, its ordinances or State of Colorado law, the Town
Council has application review and decision-making authority to approve, approve with
conditions or deny the Application, and has the authority to negotiate and approve the
Development Agreement; and
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria the Town Council has
considered the applicable review criteria for a Rezoning application; and
Ord 15-06 Lot B, Avon Center at Beaver Creek Rezoning
May 26, 2015 SECOND READING
Page 1 of 4
WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in
accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public
hearings on May 12, 2015 and May 26, 2015, and prior to taking final action considered all
comments, testimony, evidence and Town Staff reports; and then took action by approving this
Ordinance; and
WHEREAS, the Application will provide for orderly, efficient use of the Property, while at
the same time conserving the value of the investments of owners of property in the Town in
accordance with the Purpose statements in the Avon Development Code; and
WHEREAS, development of the property with a hotel is in accordance with the policies and
goals set forth in the Town of Avon Comprehensive Plan, dated February 2006; to provide a high
proportion of lodging uses in the Town Center to create the needed critical mass of population
and activity to energize the Town Center District; and
WHEREAS, it is the Town Council’s opinion the health, safety and welfare of the citizens
of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a Public Hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application, and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Rezoning. The Property is hereby rezoned to Town Center and the Official
Zoning Map is hereby amended to designate the Property as the Town Center zone district.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it has passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
Ord 15-06 Lot B, Avon Center at Beaver Creek Rezoning
May 26, 2015 SECOND READING
Page 2 of 4
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect upon satisfaction of the
condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days
after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public and this Ordinance is necessary for
the preservation of health and safety and for the protection of pubic convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross-reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
Ord 15-06 Lot B, Avon Center at Beaver Creek Rezoning
May 26, 2015 SECOND READING
Page 3 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 12, 2015 and setting such public hearing for May 26, 2015 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on May 26, 2015.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Ord 15-06 Lot B, Avon Center at Beaver Creek Rezoning
May 26, 2015 SECOND READING
Page 4 of 4
RIVERFRONT LN
L AK E S T
BENCHMARK RD
B
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A V O N R D
S U N R D
0210105
FeetThis map was produced by the Community Development Department. Use of this map
should be for general purposes only. Town of Avon does not warrant the
accuracy of the data contained herein.
Created by Community Development Department
I
Property Boundaries
Lot B
RIVERFRONT LN
L A K E S T
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6
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SUN RD
P L A Z A W A Y
0310155
FeetThis map was produced by the Community Development Department. Use of this map
should be for general purposes only. Town of Avon does not warrant the
accuracy of the data contained herein.
Created by Community Development Department
I
Property Boundaries
Lot B
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Matt Pielsticker, AICP, Planning Manager
Date: May 21, 2015
Agenda Topic: Seasons Development Concepts
Introduction
Town staff was recently approached by the owner of the Seasons building, Avon Partners II, with
redevelopment concepts for this commercial property. As build out options are explored, and prior to
pursuing the project any further, it was determined that a work session with the Town Council would be
helpful to gain feedback and discuss the project prior to application(s).
The purpose of this Council Report is to summarize the improvements, process, and highlight the
relationship of the improvements to the Town’s policy documents; namely the West Town Center
Investment Plan. Representatives from Avon Partners II will be present at your May 26th work session
to present the project and solicit comments.
Existing Building and Uses
In 1994 Avon Partners II acquired and completed the Seasons building after years of sitting abandoned
and only partially constructed. The building includes 104 residential/accommodation units and
approximately 69,000 square feet of ground level office, restaurant, and retail space. There is a
structured parking garage with over 300 parking spaces, surface parking on the south (Benchmark
Road) side of the building, in addition to the right to 31 spaces off-site located on Town-owned Tract G.
Most recently in 2010, several exterior improvements were completed including building façade
updates, roofing, and the entire building was repainted. Currently, the ground floor is approximately
36% vacant.
Project Summary
Initial design concepts include the following changes:
• Second story additions and conversions of ground floor space at northwest and northeast
corners of the building – resulting in additional accommodation units.
• Enhanced Main Street Pedestrian Mall frontage for remaining retail/restaurant space.
o Stone arcade features
o Outdoor seating and fire pits
o Covered walkways
• Converting a portion of office space on 1st level ground level to accommodation units.
• Balance of ground level space could be converted to flexible shared office space
Seasons Redevelopment Work Session
May 26, 2015 Town Council Meeting
1
Comprehensive Plan
The Comprehensive Plan (2006) includes the Property in the West Town Center District.
The West Town Center District shows a series of Public Plazas and the opportunity for redevelopment of
the Pedestrian Mall area, both of which were constructed in 2014. The plan acknowledges
redevelopment opportunities along the “Main Street” frontage of the Seasons building. The role of the
West Town Center District is to serve as the heart of the community. The district acts as “the common
ground between the full–time residents, part-time residents, and destination guests through diverse retail
and entertainment opportunities.”
The West Town Center Investment Plan (2007) echoes the policy direction of the
Town’s Comprehensive Plan (2006), aiming for the area to be “an intensely developed mixed –use,
pedestrian-oriented area that serves as the primary focus for residential and lodging development within
the overall Town Center.” Attached to this Report is the Seasons excerpt from the West Town Center
Investment Plan (2007) for reference. The plan envisions redevelopment of the northern half of the
building, with portions of building being permitted on Town property. Other aspirations from the plan
include:
• A plaza and marketplace on ground level of the building near the library and recreation center
• Development shall be considered in the northeast and northwest corners of the development in
the Town’s right-of-way
• 50’ maximum building additions above ground level retail on north side of the building
• Articulation and arcades on north side of the building
Feedback Sought
The developer and Town staff are seeking Council direction on the following items:
1. Land Use. Residential/Accommodation land uses (including ground floor) in place of existing
office or day care uses.
2. Encroachments. Direction on possible building encroachment on Tract G at the northeast
corner of the building:
Seasons Redevelopment Work Session
May 26, 2015 Town Council Meeting
2
a. Don’t allow; or
b. Grant potential easement for 99 years - requires Ordinance approval; or
c. Refer issue to the electorate to approve possible sale of encroachment area
3. Parking. The Town agreed (see attached letter) to provide up to 31 parking spaces on Tract G
for use by the Seasons building. Seeking direction on the location of these spaces. It is Gart
Properties’ understanding that these spaces are located in the parking lot in front of the daycare
adjacent to the Skier Building. Staff has also explored the potential for up to thirty-five (35)
being constructed on Benchmark Road, south of the Seasons building.
Attachments
A – Sprocket design plans
B – West Town Center Plan Excerpt for Seasons Building
C – Letter regarding off-site parking
Seasons Redevelopment Work Session
May 26, 2015 Town Council Meeting
3
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TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Date: May 20, 2015
Agenda Topic: Authorization to Issue Notice of Award for the 2015 Recreation Center Remodel Project
Summary:
The 2015 Recreation Center Remodel project will update several components of the facility, making it
more competitive with other facilities. The project includes:
Removal of the fence by the front entrance
Removal of the fence around the pool patio and replacement with a 42” high fence
Demolition of the gated area and a separate entrance for Ascent
Demolition of the current front desk and construction of a new ergonomically designed
front desk reception mid lobby
Removal of the upstairs meeting room and office and turning that area into the weight
room
2 new offices on the first floor, replacing the childrens cubby area
Remodel an office for the Aquatics Supervisor
Employee lounge will move to Ryan Grahams office
Discussion:
Staff advertised the 2015 Recreation Center Remodel Project for three (3) weeks on the Town’s website
and the Bid Opening was held on May 20, 2015. Two bids were received; Evans Chaffee Construction
Group with a bid of $183,356 and Woodstone Homes with a bid of $104,490. The lower bid is within the
$137,00 budget per the Town of Avon 2015 Capital Projects Fund as approved by Council on April 28, 2015.
Remaining funds will be used to replace concrete at the front entrance.
Construction Schedule:
The Remodel Project is scheduled to begin one week after the Notice of Award is issued. Project duration
is approximately 60‐days and all work will take place while the Recreation Center is open.
Staff Recommendation:
Staff requests Council authorization to award the 2015 Recreation Center Remodel Project Contract to
the low bidder, Woodstone Homes, in the amount of $104,490.
Recommended Motion:
Motion to authorize issuance of Notice of Award for the 2015 Recreation Center Remodel Project
Contract to the low bidder, Woodstone Homes, in the amount of $104,940.
Heil Law & Planning, LLC Office: 303.975.6120
3445 S. Clermont St. Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: First Reading of Ord. No. 15-07 – Amplified Sound Permits and Private Events
DATE: May 20, 2015
SUMMARY: Town staff proposed revisions to the Avon Municipal Code (“AMC”) to update the Amplified
Sound Permit regulations and to authorize private events with alcohol service at the Avon Performance
Pavilion at work session held on May 12, 2015. Ordinance No. 15-07 is presented on first reading to
implement the proposed revisions.
REVISIONS TO CHAPTER 5.24 – Amplified Sound Permits: Chapter 5.24 was originally adopted in
1988 by Ordinance No. 88-13. The administrative procedures were adopted by Resolution No. 88-20.
Chapter 5.24 and Resolution No. 88-20 are attached to this memorandum for your reference.
The revisions to Chapter 5.24 are primarily to consolidate and update the regulations and procedures and
to improve the public notice posting and publishing requirements.
There has been some confusion in the wording of Chapter 5.24 and the Administrative Procedures for
Outdoor Use of Amplified Sound Equipment as adopted by Resolution No. 88-20. As written, Chapter 5.24
states that Town Council has to approve Amplified Sound permits for outdoor use of amplified that occurs
outside of the defined hours in Nottingham Park and in commercial zone districts. Pursuant to the
Administrative Procedures adopted by Resolution No. 88-20, all other outdoor use of amplified sound
requires an administrative permit to be issued by the Town Clerk. For years, the Town has not completed
the application form and granted administrative approval for outdoor use of amplified sound in Nottingham
Park in accordance with the administrative procedures adopted by Resolution No. 88-20. Furthermore, the
only “standards” for administrative permits to be issued by the Town Clerk are completion of an application
page that included the name, location and hours of the outdoor amplified sound use.
The proposed revisions consolidate the Amplified Sound Permit procedures into the Avon Municipal Code
to facility administration, clarify the application procedures and submittal requirements, and adopt
standards applicable for all Amplified Sound Permit applications.
POLICY NOTES: There have been few, if any, applications for outdoor amplified sound in residential
areas or in commercial years over the last several years with the exception of the restaurant at Traer Creek
Plaza. One option for Council’s consideration is to abolish the requirement for an administrative Amplified
Sound Permit in all areas of Town and only require Amplified Sound Permits for outdoor use of amplified
sound that is outside the defined hours.
Town staff presented potential regulation of the hours of outdoor acoustic music, especially on the Main
Street Mall. However, Council recently enacted regulation of public artists, AMC Sec. 5.04.070 adopted by
Ordinance No. 15-02. My recommendation is that the Public Artists regulations and general disturbing the
peace regulations are sufficient for enforcement of any problems arising from outdoor acoustic music.
M EMORANDUM & PLANNING, LLC
Avon Town Council
Ord No. 15-07
May 21, 2015
Page 2 of 3
Ord No. 15-07
May 21, 2015
Page 2 of 3
The substantive changes include the following:
Exemptions from Permit Requirements: Emergency response, Salute to the USA and low wattage
personal sound amplification devices are all identified as exempt from permit requirements.
Town Manager to Administer: Per the work session presentation, administrative review of Amplified
Sound Permit applications would be processed by the Town Manager rather than the Town Clerk.
Nottingham Park (Including Avon Performing Pavilion): The proposed revisions would allow
administrative approval of outdoor use of amplified sound in Nottingham Park until 10:00 p.m. on
Thursdays, Fridays and Saturdays. AMC Sec. 5.24.020 currently requires Town Council to approve any
outdoor use of amplified sound in Nottingham Park after 8:00 p.m. after conducting a public hearing.
Non-Commercial Areas: AMC 5.24.030 establishes an absolute prohibition on outdoor amplified sound in
any zone district not allowing commercial use before 9:00 a.m. and after 8:00 p.m. This is confusing
because Town parks and public facilities are located in “zone districts not allowing commercial use”. The
new regulations allow permits for outdoor use of amplified sound outside these hours subject to Town
Council review after conducting a public hearing.
Public Hearings: The minimum requirements for posting and publishing notice of public hearing is better
defined and establishes the requirement for a minimum posting and publishing at least 6 days prior to the
hearing.
Town Property: Other than the designated hours for administrative approval in Nottingham Park and the
Pavilion, outdoor amplified sound use on any other Town property, including Main Street Mall, will require
Town Council review and approval after conducting a public hearing.
Music or Human Voice: AMC 5.24.030(b) states, “It is unlawful for any person, whether or not a permit
has been obtained, to amplify any sound other than music or the human voice or a combination thereof.”
This provision is deleted because it conflicts with any sound effects that may be part of a music
performance or other performance and conflicts with the outdoor use of amplified sound for outdoor
movies.
Fee: Resolution No. 88-20, Section B.2., states that the application fee shall be $25 plus publication costs.
Proposed language for AMC 5.24.040(a) would authorize the Town Manager to include an application fee
not to exceed $100.
REVISIONS TO AMC SEC. 9.12.080: AMC Sec. 9.12.080 is revised to allow consumption of alcohol on
public property and/or public right-of-ways if a “private event” permit is issued pursuant to 9.40.040 (see
revisions to event permitting for parks and public property below). Town staff recommended revisions to
the Avon Municipal Code to allow consumption of alcohol at the Avon Performance Pavilion when the
Pavilion is rented for private events. I am proposing to broaden the authorization to include all public
property and/or public right-of-ways so that if the Town desires in the future to permit private events
elsewhere besides the Pavilion it may do so without the need to amend the Avon Municipal Code. There is
no current intention or idea of permitting private events anywhere else other than the Pavilion; however, I
am recommending that this flexibility be adopted when amending the Avon Municipal Code at this time so
Avon Town Council
Ord No. 15-07
May 21, 2015
Page 3 of 3
Ord No. 15-07
May 21, 2015
Page 3 of 3
that future revisions to the Avon Municipal Code are not required if (when) there are new ideas about
permitting private events. Permitting private events on Town property will always remain a discretionary act
of the Town and the proposed revisions to the Avon Municipal Code does not create any obligation of the
Town to permit private events anywhere on Town property.
REVISIONS TO AMC CHAPTER 9.40: Chapter 9.40 has been revised to define “private event” as an
event held on Town owned property that is not open to the general public and then adopt minimum
standards for private events, including standards for service of alcohol at private events. The standards
incorporate the recommendations of Town staff presented at the work session.
In addition, a prohibition on smoking in any Town Park and on the Main Street Mall is proposed. This
recommendation comes from enforcement concerns about smoking at the West Avon Preserve. The
national trend has been to expand smoking prohibitions to outdoor public areas. Currently, the Westin
does not allow smoking anywhere on its grounds, including the public pedestrian plaza by the gondola.
Enacting a smoking prohibition is most important for the open space areas due to wildfire risks.
POLICY NOTE: Council consideration should be given to the extent of the proposed prohibition on outdoor
smoking on public properties and Council could narrow the prohibition to open space areas.
PROPOSED MOTION: “I move to adopt Ordinance No. 15-07 AN ORDINANCE AMENDING CHAPTER
5.24, SECTION 9.12.080, AND CHAPTER 9.40 OF THE AVON MUNCIPAL CODE AND REPEALING
RESOLUTION NO. 88-20 CONCERNING AMPLIFIED SOUND PERMITS, PERMITTING OF PRIVATE
EVENTS ON TOWN PROPERTY AND PROHIBITING SMOKING IN PARKS, OPEN SPACE AND
THE MAIN STREET MALL and refer Ordinance No. 15-07 to a public hearing for second reading on
June 12, 2015.”
Thank you, Eric
ATTACHMENTS:
Attachment A: Ordinance No. 15-07
Attachment B: Chapter 5.24
Attachment C: Resolution No. 88-20
Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
May 21, 2015 – FIRST READING
Page 1 of 9
TOWN OF AVON, COLORADO
ORDINANCE NO. 15-07
SERIES OF 2015
AN ORDINANCE AMENDING CHAPTER 5.24, SECTION 9.12.080, AND
CHAPTER 9.40 OF THE AVON MUNCIPAL CODE AND REPEALING
RESOLUTION NO. 88-20 CONCERNING AMPLIFIED SOUND
PERMITS, PERMITTING OF PRIVATE EVENTS ON TOWN
PROPERTY AND PROHIBITING SMOKING IN PARKS, OPEN
SPACE AND THE MAIN STREET MALL
WHEREAS, the Avon Town Council finds that amendments to Chapter 5.24, Section
9.12.080, and Chapter 9.40 will improve and clarify the administration of Amplified Sound
Permits, procedures for approving private events on public property, and will enact appropriate
restrictions on smoking in Town parks and open space and on the Main Street Mall; and,
WHEREAS, the Avon Town Council has authority to adopt and amend regulations
concerning amplified sound and use of Town property, parks and public right-of-ways based on
its home rule authority and under general municipal statutory authority; and,
WHEREAS, it is the Town Council finds that amendment to Chapter 5.24, Section 9.12.080,
and Chapter 9.40 of the Avon Municipal Code will promote the health, safety and welfare of the
Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the proposed legislation and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed amendments to the Avon
Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Repeal and Re-enactment of Avon Municipal Code Chapter 5.24. Avon
Municipal Code Chapter 5.24 Amplified Sound Systems is hereby repealed in its entirety and re-
enacted to read as follows:
CHAPTER 5.24 AMPLIFIED SOUND SYSTEMS
5.24.010 Amplified Sound Permit required.
ATTACHMENT A: Ord. No. 15-07
Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
May 21, 2015 – FIRST READING
Page 2 of 9
(a) These regulations concerning amplified sound systems are adopted to prevent noise nuisance
in the Town of Avon while allowing for amplified sound for public and private events, establish
minimum standards for the permitting of amplified sound, and adopt procedures for public
notification and input for certain categories of amplified sound. These regulations shall be
interpreted and applied so as not to infringe upon the reasonable constitutional right of free
speech and right of assembly.
(b) The following activities and uses of amplified sound shall not require an Amplified Sound
Permit:
(i) Amplified sound related to any governmental emergency building, vehicle or response
activity;
(ii) Use of amplified sound by an officer, employee or agent of any local, state or federal
government;
(iii) In Nottingham Park, including the Avon Performance Pavilion, for The Salute to the USA
held on July 3 of each year; and,
(iv) Small low wattage personal sound amplification devices that do not disturb others.
(c) Unless expressly exempt as set forth in Sub-Section (b) above, an Amplified Sound Permit
shall be required and shall be obtained prior to the use and operation of amplified sound
outdoors in the Town of Avon, including use and operation of a loudspeaker or sound-
amplifying equipment in a fixed or movable position or mounted upon any sound truck or other
mobile vehicle or equipment.
(d) It is unlawful for any person to use or operate amplified sound outdoors in the Town without an
Amplified Sound Permit when an Amplified Sound Permit is required.
5.24.020 Administrative Approval.
(a) The Town Manager may approve an Amplified Sound Permit for outdoor use of amplified
sound use at following locations and times:
(i) In Nottingham Park, including the Avon Performance Pavilion, on Sundays through
Wednesday between the hours of 9:00 a.m. and 8:00 p.m. and on Thursday through
Saturday between the hours of 9:00 a.m. and 10:00 p.m.
(ii) In any non-commercial zone (including any planned unit development area allowing non-
commercial use, but not including Town properties, parks and the Main Street Mall)
between the hours of 9:00 a.m. and 8:00 p.m.
(iii) In any commercial zone (including any planned unit development area allowing
commercial, but not including Town properties and the Main Street Mall between the hours
of 8:00 a.m. and 10:00 p.m.).
ATTACHMENT A: Ord. No. 15-07
Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
May 21, 2015 – FIRST READING
Page 3 of 9
(b) No public hearing shall be required prior to review and approval of an administrative approval
of an Amplified Sound Permit. The Town Manager may elect to solicit public comments or may
refer an Amplified Sound Permit application to the Avon Town Council to be considered after
conducting a public hearing in accordance with Section 5.24.030 below.
(c) Any outdoor use of amplified sound outside the hours and in the locations established in this
Section shall require review and approval by the Avon Town Council.
(d) An applicant for an Amplified Sound Permit can appeal the decision of the Town Manager to
the Avon Town Council. An appeal must be submitted by an applicant in writing to the Town
Clerk within fourteen (14) days the date of the decision by the Town Manager. The Town
Council shall conduct a public hearing within forty-five (45) days of receipt of a written request
for appeal. Written notice of the public hearing date, time and location shall be mailed to the
appellant via first-class U.S. mail at least ten (10) days prior to the public hearing, unless the
appellant agrees to a shorter time frame and a different notification method. The Town Council
shall review an appealed Amplified Sound Permit application de novo.
5.24.030 Town Council Approval.
(a) Any Amplified Sound Permit application that is not subject to administrative approval or that is
referred by the Town Manager to the Town Council shall be subject to review and approval by
the Town Council after conducting a public hearing.
(b) A public hearing for an Amplified Sound Permit shall be posted and published at least six (6)
days in advance of the public hearing on the Town’s website; in a newspaper of general
circulation in Avon; at the Avon Town Hall, Avon Library and Avon Recreation Center; and,
with regard to an Amplified Sound Permit on the Main Street Mall, posted at the proposed
location of the amplified sound.
5.24.040 Amplified Sound Permit Applications.
(a) An application for an Amplified Sound Permit shall be submitted to the Town Manager on
forms established by the Town Manager, which shall include the minimum information set forth
in this Section 5.24.040 and which shall include an application fee determined by the Town
Manager not to exceed $100.00.
(b) Name, physical address, mailing address and e-mail address, phone number.
(c) Proposed location for the amplified sound event(s).
(d) Proposed dates and times for the amplified sound event(s).
(e) Map or diagram depicting the location of the sound amplifying equipment, proposed direction
of sound projection, and potential sound projection distance.
(f) Description of sound amplifying equipment.
ATTACHMENT A: Ord. No. 15-07
Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
May 21, 2015 – FIRST READING
Page 4 of 9
(g) Description of any sound screening or other measures to mitigate the adverse impacts of
amplified sound.
(h) Description of event and purpose of sound amplification.
(i) Amplified Sound Permit applications shall be submitted at least sixty (60) days prior to the
proposed event(s) using outdoor amplified sound provided that the Town may waive or reduce
this minimum application submittal deadline at the Town’s sole discretion.
5.24.050 Standards for Amplified Sound Permits.
Amplified Sound Permit applications shall be evaluated according to the following review criteria:
(a) Whether the proposed amplified sound, date, time, and associated event is compatible with
other uses and activities in the vicinity.
(b) Whether the potential adverse impacts of the sound and noise generated upon community and
surrounding neighborhood are unreasonable or if the negative impacts exceed the potential
benefits to the community of permitting the event.
(c) The approving person or body may prescribe any conditions, limitations, requirements or
mitigation deemed necessary to minimize the potential adverse impacts on the community
and/or surrounding neighborhood; which include but are not limited to: limiting the time and/or
duration of amplified sound, determining the direction of the amplified sound, and requiring
sound screening.
(d) Amplified Sound Permits may be granted for a specific event, which shall include designation
of the date or dates of the event, or may be granted for re-occurring events provided that such
approval shall not exceed a duration of one year.
(e) Amplified Sound Permits shall be subject to suspension and revocation for any violation of the
terms and conditions set forth in the Amplified Sound Permit. The Town Manager may
summarily suspend an Amplified Sound Permit based upon a preponderance of evidence that
the terms and conditions of the Amplified Sound Permit have been violated and shall refer the
permit to the Town Council for a public hearing and consideration of revocation. The Town
Manager may refer an Amplified Sound Permit to the Town Council to for a hearing and
consideration revocation based upon probable cause that the terms and conditions of the
Amplified Sound Permit have been violated. At least three (3) days written notice shall be
provided to the Amplified Sound Permit holder prior to the hearing, which notice may be
emailed to the email address provided in the permit application and which notice shall state the
nature of the violation of the terms and conditions.
5.24.060 Penalty.
Any person violating any of the provisions of this Chapter shall be deemed to have committed a
civil infraction for each and every day or portion thereof during which any infraction is committed,
continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code.
ATTACHMENT A: Ord. No. 15-07
Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
May 21, 2015 – FIRST READING
Page 5 of 9
Section 3. Resolution 88-20 Repealed. Resolution 88-20 Adopting Administrative
Procedures for Outdoor Use of Amplified Sound Equipment is hereby repealed in its entirety.
Section 4. Amendment to Section 9.12.080. Section 9.12.080 of the Avon Municipal Code
is hereby repealed in its entirety and re-enacted to read as follows:
“9.12.080 - Drinking on public property and public right-of-ways without permit prohibited.
(a) It is unlawful for any person to consume any malt, vinous or spirituous liquors or fermented
malt beverages upon any street, alley, sidewalk, park, public property, public building or public
parking lot in the Town or in any vehicle upon such places unless authorized in this Section
9.12.080.
(b) It is unlawful for any person to possess or have in his or her possession or under his or her
control in or upon any street, alley, sidewalk, park, public building or public parking lot in the
Town, any malt, vinous or spirituous liquors or fermented malt beverages in any container of
any kind or description which has been opened or which is not sealed or upon which the seal is
broken, except in areas permitted pursuant to Sub-Section (c) of this Section. The word
sealed means the regular seal applied by the United States Government over the cap of all
malt, vinous or spirituous liquors or fermented malt beverages. It shall not be unlawful for any
person to have in his or her possession or under his or her control one (1) opened container of
vinous liquor removed from a licensed premises pursuant to Section 12-47-411(3.5), C.R.S.
(c) Consumption and possession of malt, vinous or spirituous liquors or fermented malt beverages
on public property and/or public right-of-ways is permitted under the following limited
circumstances:
(1) pursuant to the time, location and limitations of a special events permit that has been
issued pursuant to Article 48, Title 12, C.R.S.;
(2) pursuant to a private event permit when such person is a member or guest of a qualifying
organization and which event meets the qualifications for exemption from special event
permits pursuant to Section 12-48-108, C.R.S., except that the consumption of spirituous
liquors shall not be permitted by any person at an event which meets the qualifications for
exemption from special event permits pursuant to Section 12-48-108, C.R.S.; and,
(3) pursuant to a private event permit that meets the minimum requirements of Section
9.40.040.”
Section 5. Amendment to title of Chapter 9.40. The title of Chapter 9.40 is hereby
amended to read as follows:
“CHAPTER 9.40 – Public Property, Parks and Special Event Areas”
Section 6. Amendment to Section 9.40.010 – Definitions. Avon Municipal Code Section
9.40.010 – Definition is hereby amended to add the following definition:
“Private event means an event held on Town owned property, park or public right-of-way that is
not open to the general public.”
ATTACHMENT A: Ord. No. 15-07
Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
May 21, 2015 – FIRST READING
Page 6 of 9
Section 7. Amendment to Section 9.40.040.
“9.40.040 Permit and license procedures and standards.
(a) An application for any use and activity which requires a permit or license under this
Chapter 9.40 must be submitted to the Town no later than sixty (60) days prior to the
proposed use or activity to be considered for approval, provided that the Town may waive
or reduce such requirement at the sole discretion of the Town.
(b) Applications shall be on forms prescribed by the Town Manager and shall be reviewed and
determined by the Town Manager.
(c) A special event or private event permit may be issued by the Town Manager upon the
determination that the proposed event: (1) does not unduly conflict with any previously
scheduled use; (2) will not harm Town property; (3) will not create a clear and present
danger to the public; (4) will not present a probable conflict with the reasonable enjoyment
of park by the general public; (5) will not present a probable conflict with the use of Town
owned property or public right-of-way; and (6) provides mitigation, conditions and/or
limitations to minimize or prevent potential adverse impacts, as determined necessary and
adequate by the Town.
(d) Special event permits shall comply with the following minimum standards:
(1) Special event permit holder shall provide general liability insurance naming the Town
as additional insured and shall indemnify the Town in a form acceptable to the Town
Attorney.
(2) Special event permit holder shall abide by the terms and conditions of the special
event permit and shall execute such other agreement or agreements deemed
appropriate by the Town.
(3) If alcohol is to be served at the special event, the special event permit holder shall
comply with Section 5.08.170 and other applicable regulations of the Town and State
of Colorado.
(e) Private event permits shall comply the following minimum standards:
(1) Private event permit holder shall provide general liability insurance naming the Town
as additional insured and shall indemnify the Town in a form acceptable to the Town
Attorney.
(2) Private event permit holder shall execute a license agreement for use of the public
property in a form acceptable to the Town Manager and Town Attorney.
(3) If alcohol is to be served at the private event, the private event permit holder shall
comply with the following additional standards:
(i) the private event permit holder shall comply with all Colorado State Liquor laws.
ATTACHMENT A: Ord. No. 15-07
Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
May 21, 2015 – FIRST READING
Page 7 of 9
(ii) Private event shall admit only invited guests.
(iii) Alcohol must be purchased by permit holder and not a caterer or third party.
(iv) Alcohol must be served by a TIPS trained person who is not a guest at the
event.
(v) Alcohol must be consumed at the private event area during the private event
times. Consumption of alcohol is not permitted during set-up and break-down of
the private event.
(vi) Private event permit holder shall not permit guests to leave with open containers
of alcohol.
(vii) Private event permit holder must abide by an alcohol management plan
submitted to and approved by the Town Manager.”
Section 8. Amendment to Section 9.40.050 – Restrictions on uses and activities. Avon
Municipal Code Section 9.40.050 is hereby amended to add a subsection (20) to read as follows:
“(20) Smoking. Smoking is not permitted in any Town park (including open space areas) as
defined in Section 9.40.010 or on the Main Street Mall except in a designated outdoor smoking
area if such area is approved by the Town as part of a special event permit or private event
permit.”
Section 9. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 10. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 11. Effective Date. This Ordinance shall take effect thirty (30) days after public
notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
ATTACHMENT A: Ord. No. 15-07
Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
May 21, 2015 – FIRST READING
Page 8 of 9
Section 12. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 13. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 14. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
ATTACHMENT A: Ord. No. 15-07
Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 Ord 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
May 21, 2015 – FIRST READING
Page 9 of 9
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 26, 2015 and setting such public hearing for June 12, 2015 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on June 12, 2015.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT A: Ord. No. 15-07
Page
1
CHAPTER
5.24
-‐
Amplified
Sound
Systems
5.24.010
-‐
Permit
required.
(a) It is unlawful for any person other than an employee of any local or the state or federal government
to install, use or operate outdoors, within the Town, a loudspeaker or sound-amplifying equipment in
a fixed or movable position or mounted upon any sound truck without a permit obtained pursuant to
Subsection (b) of this Section.
(b) Application for a permit shall be made to the Town Clerk on forms provided by him or her. Such
application shall be acted upon by the Town Clerk in accordance with an administrative procedure
which shall be approved by the Town Council by resolution.
(Ord. 88-13 §1(part))
5.24.020
-‐
Special
permit
required—public
hearing.
(a) It is unlawful for any person other than an employee of any local or the state or federal government
to install, use or operate outdoors in any zone district allowing commercial uses before 8:00 a.m. or
after 10:00 p.m. or in Nottingham Park before 9:00 a.m. or after 8:00 p.m., a loudspeaker or sound-
amplifying equipment in a fixed or movable position or mounted upon any sound truck without a
permit obtained pursuant to Subsection (b) of this Section.
(b) Application for a permit shall be made to the Town Clerk on forms provided by him or her. Such
application shall be acted upon by the Town Council after public hearing in accordance with an
administrative procedure which shall be approved by the Town Council by resolution.
(Ord. 88-13 §1 (part))
5.24.030
-‐
Prohibited
acts.
(a) It is unlawful for any person other than an employee of any local or the state or federal government,
whether or not a permit has been obtained, to install, use or operate outdoors, in any zone district
not allowing commercial uses, before 9:00 a.m. or after 8:00 p.m. a loudspeaker or sound-amplifying
equipment in a fixed or movable position or mounted upon any sound truck.
(b) It is unlawful for any person, whether or not a permit has been obtained, to amplify any sound other
than music or the human voice or a combination thereof.
(Ord. 88-13 §1 (part))
5.24.040
-‐
Penalty.
Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil
infraction for each and every day or portion thereof during which any infraction is committed, continued or
permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code.
(Ord. 07-03 §6)
ATTACHMENT B: Chapter 5.24 of Avon Municipal Code
ATTACHMENT C: RES. 88-20
ATTACHMENT C: RES. 88-20
ATTACHMENT C: RES. 88-20
ATTACHMENT C: RES. 88-20
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Director of Festivals & Special Events Danita Dempsey
Town Manager Virginia Egger
Date: May 20, 2015
Agenda Topic: Request for Performance Pavilion Dates and Funding of a Free Community Concert Series
BACKGROUND:
This winter, the Town issued a Request for Qualifications, to producers and promoters covering a broad range
of performance types. The RFQ stated:
The Pavilion was completed in January, 2015, and is the crown jewel of Avon’s cultural and arts
facilities. An exquisite outdoor community amenity, the $3.8 million Pavilion is designed to host music
festivals, orchestral performances, concert series, dance, theater, art exhibits/festivals, social
engagements (both public and private), and an array of potential cultural events, including but not
limited events such as a writer’s conference. Located on Nottingham Lake, the Pavilion joins the
Pedestrian Mall, Library, Recreation Center, Avon Elementary School and Destination Jump, Splash
Learn (a new playground planned for integration into the lake-side environment), in Avon’s developing
creative arts zone in the core of west Avon.
PROPOSAL FOR USE OF THE AVON PERFORMANCE PAVILION & SOCCER FIELD: The RFQ resulted in a
proposal being presented by Mike O’Brien, Peak Performances, from Breckenridge, Colorado. Peak
Performances is proposing a Free Community Concert Series to take place on three (3) consecutive
Wednesday evenings this August. Quoting from the attached proposal, the Community Concert Series
“…would be a complimentary, Wednesday night, national level talent, blanket in the grass, twilight based music
series with a fair style food truck food court designed to allow local families, second homeowners and mountain
visitors alike to come together and enjoy a night outside in the much under-rated Nottingham Park.”
DATES & LINE-UP: The suggested Wednesday evening’s line-up may include:
• August 5 – The Samples (Acoustic Rock)
• August 12 – Shawn Colvin (Folk Rock); Joan Osborne (Roots/Acoustic Rock); Richard Thompson (Folk
Rock); Freddy Jones Band (Acoustic/Pop/Rock)
• August 19 – Similar caliber talent as first two concerts or Keb’ Mo’ with additional funding (see below)
Each evening will include liquor sales through a nonprofit vendor and the producer will bring in 2-3 select food
service providers in a food truck environment. Peak Performances also is committed to working with the
local vendors for food offerings.
FUNDING REQUEST: Peak Performances is requesting a contribution of $45,000 from Avon to cover the cost
of production, plus retaining a percentage of revenue generated from alcohol and vendor booth fees so that
the series is not a financial loss for them. If Keb’ Mo’ is desired on August 19, 2015, the producer would look to
an additional $10,500 contribution from Avon, for a total of $55,500, which would be pending artist
PAGE 1 OF 3
REQUEST FOR PERFORMANCE PAVILION DATES AND FUNDING FOR “FREE COMMUNITY CONCERT SERIES”
management approval and tour routing. The balance in the 2015 Town’s Special Event Reserve budget
appropriation is $47,000.
Should the concert series prove to be a successful first year event, Peak Performances would like to secure a
2016 free Community Concert Series, taking place on five (5) consecutive Wednesday evenings July 13 through
August 10, 2016. The Town can expect a funding request of up to $75,000 for the five (5) nights, with Peak
Performance working to secure sponsorship dollars, creating a ticketed VIP experience and retaining a
percentage of alcohol and vendor sales to off-set the cost of production.
STAFF REVIEW:
Peak Performances produces music events for the Town of Dillon, Keystone Resort, Copper Mountain Resort
and the City of Lone Tree and reference checks have validated this is a proven producer/owner, who knows
mountain communities and is well connected with local, regional and national talent. The Free Community
Concert Series supports Avon’s desire to provide an enriching experience for the cultural fabric of our
community and will attract residents and visitors in their mid-thirties to early-forties who are family-oriented
and have some level of discretionary income. In addition, the “food truck” food court element is unique and
attractive adding a bit of “flair” to the concert series. Furthermore, Peak Performances is dedicated to
partnering with local non-profits for proper alcohol permitting and potential revenue share.
Sustainability Review: Free events can be expected to be popular and to attract a predominantly local
attendance with seasonal visitors staying in Town at the time of the event. Free events, even with attendee
spending in Town associated with an evening’s entertainment, most frequently are supported as opportunities
for community gathering and as a cultural offering of the Town. Without the benefit of paid attendance, free
events will require the on-going investment of Town of Avon general funds for support and/or strong
sponsorships. The growth of sponsorships can be seen as possible over time as the producer is able to brand
and market the success and name of the music series. One can generally envision three to five years of
diminishing Town funding as the event gains sponsorship notoriety. A downturn in the economy can interfere
with sponsorship growth and/or the Town’s ability to continue funding.
Support for this free event, would be a fourth “community” offering for the Town in 2015:
Salute to the USA $105,000
Flavors of Colorado $128,000
Community Concert Series $ 45,000
Vail International Dance $ 20,000
$298,000
It is understood that the Town will want to support cultural offerings that are free and add into the mix of
producer events. In considering funding for the Free Community Concert Series, as with Flavors of Colorado
and Vail International Dance, emphasis on strong sponsorship and/or ticket revenue growth needs to be
considered to keep the event financially viable and to become a strong brand in Avon in future years.
It is noted, the Town has the ability to measure sales and lodging tax for each of the event days as discrete
collections. This data provides one measure of the value of funding free events.
STAFF RECOMMENDATION:
As specified in the Economic Development Program, Council looks to cultivate a well-rounded special events
calendar over the next five years; with a calendar that will deliver signature cultural, recreational and social
opportunities taking place on the same event weekend or periods of time (summer months), year after year,
thus creating a vibrant community and returning base of attendees. The special events strategy provides for
PAGE 2 OF 3
REQUEST FOR PERFORMANCE PAVILION DATES AND FUNDING FOR “FREE COMMUNITY CONCERT SERIES”
multi-year funding to assist with the establishment of an event or event series in order to gain notoriety and
profitability over time.
The proposed 2015 Free Community Concert Series would provide an early indication of support for a free
concert series at Avon’s venue. And the event, if grown into a larger series in 2016, can become sustainable
through sponsorships, VIP paid attendance, alcohol and vendor sales. Staff, therefore, recommends approval
of $45,000 for the 2015 opportunity from the Special Events Assigned Fund Balance, which will leave a
remaining balance of $2,000. If Council desires to advance additional funding to secure Keb’ Mo’, additional
monies in the amount of $8,500 from the General Fund’s Contingency would be needed.
Staff at this time cannot recommend 2016 dates until a review of producer performance, attendance numbers,
sales and lodging tax data, and overall community enjoyment of the 2015 series is evaluated in early fall of this
year.
RECOMMENDED MOTION:
I move to approve the dates of August 5, 12 and 19, 2015, for the Free Community Concert Series, and funding
in the amount of $45,000 to Peak Performances, producer of the event. Funding is approved from the General
Fund’s Special Events Assigned Fund Balance. [In addition, I move to approve $8,500 from the General Fund’s
Contingency Fund for the performer Keb’ Mo’ on August 19th.]
ATTACHMENTS:
• 2015 Town of Avon Community Music Series
• 2016 Town of Avon Community Music Series
PAGE 3 OF 3
REQUEST FOR PERFORMANCE PAVILION DATES AND FUNDING FOR “FREE COMMUNITY CONCERT SERIES”
2015 Town of Avon Community Music SeriesPeak Performances
Town of Avon Performance Pavilion
Producer overview
Peak Performances has been a successful Rocky Mountain event producer since 1991. Specializing in community and resort based
concerts and concert series; Peak Performances has become synonymous with successful, open air, complimentary based festivals.
Started in 1991 by proprietor Mike O’Brien, Mike quickly formed relationships with Copper Mountain Resort, the Town of Frisco,
the Town of Breckenridge and others. Throughout the years, Peak Performances has organized and produced hundreds of events
featuring over 2000 national touring acts including everything from local happy hour acts to 12,000 person festivals.
2015 Proposed Series Format
• Three week Wednesday evening series with the following dates with the following prospective acts:
August 5th The Samples or Joan Osborne
August 12th Shawn Colvin, Richard Thompson, or Freddy Jones Band
August 19th Keb’ Mo’
Please note that these acts are not guaranteed but the foremost frontrunners as of May 18, 2015 and are tentatively
holding the dates for the Community Music Series
• Tentative Evening Schedule:
5:30pm Vending Open
6-6:45pm Opening Act
7:15-8:45pm Headliner Act
• Target audience of 1,000 - 2,000 attendees per week
• Complimentary basis
Series Acts
Peak Performances will execute all arrangements necessary for the series including but not limited to all booking of talent, audio
production, lighting, talent travel, talent fees, transportation, accommodations and meals. Headliner talent shall be national level
talent while the openers shall provide local talent the opportunity to take the main stage.
SerieS overview
With the recent addition of the exquisite Performance Pavilion at Nottingham Park, Peak Performances is proposing a condensed
“Town of Avon Community Music Series” for summer 2015. The abbreviated series would be a complimentary, Wednesday night,
national level talent, blanket in the grass, twilight based music series with a fair style food truck food court designed to allow local
families, second homeowners and mountain visitors alike to come together and enjoy a night outside in the much under-rated
Nottingham Park.
P
a
g
e
O
n
e
Peak Performances
community Music Series Proposal
Vending
For the food vending during the series Peak Performances will bring in 2-3 select food service providers. While a “food truck food
court” environment is an ideal situation, Peak Performances is committed to working with the local vendors and is happy to work
with interested businesses regardless of going outside the “food truck” style model.
Peak Performances will also organize, provide and retain funds for additional alcohol sales during the series while adhering to any/
all Town of Avon and State of Colorado liquor sales parameters. Peak Performance is dedicated to partnering with a local Avon
non profit for proper alcohol permitting. Several 501(C)3s under consideration include the Eagle Valley Humane Society, The
Education Foundation of Eagle County, and the Vail Valley Arts Council.
P
a
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e
T
w
o
Producer QualificationS
As requested within the Town’s Request for Qualifications please review the following shows and festivals as a examples of a few
of Peak Performances’ past events.
Copper Mountain Resort - Sunsation
Dates of Mention - April 2008, a 3 consecutive weekend festival
Notable Talent - Michael Franti, The Meters, Steal Pulse, Los Lobos, Blues Traveler, Galactic, George Clinton and the P Funk
Allstars, Lotus
Attendance - 6,000 on the slowest day to 12,000 on the busiest day
Areas of Success - Exceeded crowd size, village businesses record business days
Areas of Improvement - With unexpected crowd size, parking shortages were seen on certain days with certain acts
Contact Info - Meghan Evett
970-968-2318 ext 45937
Town of Dillon - Lake Dillon Amphitheater 2014 Summer Concert(s)
Dates of Mention - July 2014
Notable Talent - Dark Star Orchestra
Attendance - 4,200
Areas of Success - Packed venue, drove town business
Areas of Improvement - Shortages in beer sales, 20% missed revenue
Contact Info - Matt Miano
970-418-0423
Keystone Resort - Mountain Festival
Dates of Mention - August 2014, a 2 day weekend festival
Notable Talent - Rusted Root, Pat Green, Jeff Austin, Fruition, Cornmeal
Attendance - 4,500/day
Areas of Success - Drove resort business
Areas of Improvement - Learned importance of having headliners arrive 36hrs prior to acclimate properly
Contact Info - Maja Russer
970-389-0636
Other Notable Productions
Talent Attendance Event Client
Dickie Betts 15,000 2009 CO BBQ Challenge Town of Frisco
Little Feat 15,000 2009 CO BBQ Challenge Town of Frisco
March Fourth 5,000 July 4th Festival 2012 Town of Frisco
The Samples 5,000 Summer Concert Series 2013 City of Lonetree
The Bodeans 5,000 Summer Concert Series 2013 City of Lonetree
Big Head Todd 4,000 Whole Foods Promotion, Boulder Whole Foods
Peak Performances
community Music Series Proposal
P
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e
T
h
r
e
e
town of avon SuPPort
In addition to vending and sponsorship sales from the series Peak Performances is requesting additional financial support from
the town for the first several years in order to help give the event a solid platform to launch. For the 2015 series, $69,000 in
financial assistance is requested.
In addition to the overall guidance and supervision by Mike O’Brien, the Peak Performances Team will consist of the following key
members as it reflects the Town of Avon’s Community Music Series event.
Jordan Weyand - Project Manager
For almost a decade, Jordan brought in major third party events for Copper Mountain Resort. Prospecting, designing, contracting
facilitating anything from major cycling tours to 20,000 person adventure runs to televised Olympic qualifying snowboarding
and freeskiing events. Since 2013, Jordan has been producing events for Peak Performances and will lead the charge on the
Community Music Series.
Other key roles
Blake Hemmert - Audio Production Manager
Blake has been managing productions for well over a decade now. He has worked with Peak Performances on several large scale
shows including shows at Keystone Resort and Copper Mountain.
Open Position - Vending Manager - Pending approval of the series, a vending manager position will be opened up to handle full
vending supervision.
SerieS ManageMent Structure
MiScellaneouS SerieS detailS
Series Security, Parking & Transportation
Peak Performances is committed to a successful event on all aspects and would request input from the Town of Avon on other
successful events in the area in the areas of parking, security and public transportation in order to ensure a positive event.
Series Sponsorship
At this time Peak Performances is requesting the ability to sell and retain all funds for any/all appropriate categories for the event.
If the Town of Avon has any existing sponsors that would like to be involved Peak Performances would be delighted to offer a first
right of refusal.
Series Marketing
An event specific marketing plan will be developed to over the upcoming weeks to promote the series around the Vail Valley
region. The plan shall include areas of promotion including press releases, radio and/or newspaper inclusions, and a poster plan
around the area.
To request any additional information or for all future correspondence please use the following contact information:
Mike O’Brien
mike@gigdigger.com
970-418-2121
contact & additional inforMation
Peak Performances
community Music Series Proposal
2016 Town of Avon Community Music SeriesPeak Performances
Town of Avon Performance Pavilion
Producer overview
Peak Performances has been a successful Rocky Mountain event producer since 1991. Specializing in community and resort based
concerts and concert series, Peak Performances has become synonymous with successful, open air, complimentary based festivals.
Started in 1991 by proprietor Mike O’Brien, Mike quickly formed relationships with Copper Mountain Resort, the Town of Frisco,
the Town of Breckenridge and others. Throughout the years, Peak Performances has organized and produced hundreds of events
featuring over 2000 national touring acts including everything from local happy hour acts to 12,000 person festivals.
2016 Proposed Series Format
• Five week Wednesday evening series with the following dates:
July 20th
July 27th
August 3rd
August 10th
August 17th
• Tentative Evening Schedule:
5pm Vending Open
6-6:45pm Opening Act
7:15-8:45pm Headliner Act
• Target audience of 1,000 - 2,000 attendees per week
• Complimentary basis
Series Acts
Peak Performances will execute all arrangements necessary for the series including but not limited to all booking of talent,
audio production, lighting, talent travel, talent fees, transportation, accommodations and meals. Headliner talent shall be
national level talent while the openers shall provide local talent the opportunity to take the main stage.
Potential headliners currently available:
SerieS overview
With the recent addition of the exquisite Performance Pavilion at Nottingham Park, Peak Performances is proposing the “Town of
Avon Community Music Series” for summer 2016. The series would be a complimentary, Wednesday night, national level talent,
blanket in the grass, twilight based music series with a fair style food truck food court designed to allow local families, second
homeowners and mountain visitors alike to come together and enjoy a night outside in the much under-rated Nottingham Park.
Rusted Root
Suzy Bogguss
Band of Heathens
The Wood Brothers
Nahko & Medicine for the People
Elephant Revival
Joan Osborne
Keb Mo’
Asleep at the Wheel
Carbon Leaf
Indigo Girls
Steve Earle
Robert Randolph
March Fourth
The Samples
Nora Jane Strothers
Freddy Jones Band
Nicki Bluhm & The Gramblers
Marcia Ball
Hooray for the Riff Raff
Keller Williams
The Motet
Nitty Gritty Dirt Band
Michael Martin Murphey
Pato Banton
Pokey Lafarge
10,000 Maniacs
Stanley Jordan
Peter Rowan
Anders Osborne
Hot Buttered Rum
New Orleans Suspects
Jonny Lang
Cracker
Robert Cray
Lukas Nelson
P
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Peak Performances
community Music Series Proposal
Samantha Fish
Paper Bird
Sam Bush
David Grisman
Blue Oyster Cult
Smithereens
Seven Mary Three
Crash Test Dummies
Patty Griffin
Infamous String Dusters
Cherry Poppin’ Daddies
Marty Stuart
P
a
g
e
T
w
o
Producer QualificationS
As requested within the Town’s Request for Qualifications please review the following shows and festivals as a examples of a few
of Peak Performances’ past events.
Copper Mountain Resort - Sunsation
Dates of Mention - April 2008, a 3 consecutive weekend festival
Notable Talent - Michael Franti, The Meters, Steal Pulse, Los Lobos, Blues Traveler, Galactic, George Clinton and the P Funk
Allstars, Lotus
Attendance - 6,000 on the slowest day to 12,000 on the busiest day
Areas of Success - Exceeded crowd size, village businesses record business days
Areas of Improvement - With unexpected crowd size, parking shortages were seen on certain days with certain acts
Contact Info - Meghan Evett
970-968-2318 ext 45937
Town of Dillon - Lake Dillon Amphitheater 2014 Summer Concert(s)
Dates of Mention - July 2014
Notable Talent - Dark Star Orchestra
Attendance - 4,200
Areas of Success - Packed venue, drove town business
Areas of Improvement - Shortages in beer sales, 20% missed revenue
Contact Info - Matt Miano
970-418-0423
Keystone Resort - Mountain Festival
Dates of Mention - August 2014, a 2 day weekend festival
Notable Talent - Rusted Root, Pat Green, Jeff Austin, Fruition, Cornmeal
Attendance - 4,500/day
Areas of Success - Drove resort business
Areas of Improvement - Learned importance of having headliners arrive 36hrs prior to acclimate properly
Contact Info - Maja Russer
970-389-0636
Other Notable Productions
Talent Attendance Event Client
Dickie Betts 15,000 2009 CO BBQ Challenge Town of Frisco
Little Feat 15,000 2009 CO BBQ Challenge Town of Frisco
March Fourth 5,000 July 4th Festival 2012 Town of Frisco
The Samples 5,000 Summer Concert Series 2013 City of Lonetree
The Bodeans 5,000 Summer Concert Series 2013 City of Lonetree
Big Head Todd 4,000 Whole Foods Promotion, Boulder Whole Foods
Vending
For the food vending during the series Peak Performances will bring in 2-3 select food service providers. While a “food truck food
court” environment is an ideal situation, Peak Performances is committed to working with the local vendors and is happy to work
with interested businesses regardless of going outside the “food truck” style model.
Peak Performances will also organize, provide and retain funds for additional alcohol sales during the series while adhering to any/
all Town of Avon and State of Colorado liquor sales parameters. Peak Performance is dedicated to partnering with a local Avon
non profit for proper alcohol permitting. Several 501(C)3s under consideration include the Eagle Valley Humane Society, The
Education Foundation of Eagle County, and the Vail Valley Arts Council.
Peak Performances
community Music Series Proposal
P
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g
e
T
h
r
e
e
town of avon SuPPort
In addition to vending and sponsorship sales from the series Peak Performances is requesting additional financial support from
the town for the first several years in order to help give the event a solid platform to launch. For the 2016 series, $75,000 in
financial assistance is requested. Additional shows are also an option if the town desire pending further discussions.
In addition to the overall guidance and supervision by Mike O’Brien, the Peak Performances Team will consist of the following key
members as it reflects the Town of Avon’s Community Music Series event.
Jordan Weyand - Project Manager
For almost a decade, Jordan brought in major third party events for Copper Mountain Resort. Prospecting, designing, contracting
facilitating anything from major cycling tours to 20,000 person adventure runs to televised Olympic qualifying snowboarding
and freeskiing events. Since 2013, Jordan has been producing events for Peak Performances and will lead the charge on the
Community Music Series.
Other key roles
Blake Hemmert - Audio Production Manager
Blake has been managing productions for well over a decade now. He has worked with Peak Performances on several large scale
shows including shows at Keystone Resort and Copper Mountain.
Open Position - Vending Manager - Pending approval of the series, a vending manager position will be opened up to handle full
vending supervision.
SerieS ManageMent Structure
MiScellaneouS SerieS detailS
Series Security, Parking & Transportation
Peak Performances is committed to a successful event on all aspects and would request input from the Town of Avon on other
successful events in the area in the areas of parking, security and transportation in order to ensure a positive event.
Series Sponsorship
At this time Peak Performances is requesting the ability to sell and retain all funds for any/all appropriate categories for the event.
If the Town of Avon has any existing sponsors that would like to be involved Peak Performances would be delighted to offer a first
right of refusal.
Series Marketing
An event specific marketing plan will be developed to over the upcoming weeks to promote the series around the Vail Valley
region. The plan shall include areas of promotion including press releases, radio and/or newspaper inclusions, and a poster plan
around the area.
To request any additional information or for all future correspondence please use the following contact information:
Mike O’Brien
mike@gigdigger.com
970-418-2121
contact & additional inforMation
Peak Performances
community Music Series Proposal
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Kelly Huitt, Budget Analyst; Scott Wright, Asst. Town Manager
Date: May 20, 2015
Re: 2015 Supplemental Budget Amendment Resolution Nos. 2015-09 and 2015-10
Explanation:
Resolutions #2015-09 and #2015-10 are being resubmitted to Town Council for approval due to lack
of public hearing at the April 28th presentation and an error on the expenditure total of resolution
#15-10. None of the budget detail or fund balances have changed.
Page 1
Page 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Kelly Huitt, Budget Analyst; Scott Wright, Asst. Town Manager
Date: April 23, 2015
Re: 2015 Supplemental Budget Amendment Resolution Nos. 2015-09 and 2015-10
Introduction
A brief presentation will be held at the beginning of this agenda item during during the Town Council
meeting. In addition, a copy of a revised long-range plan is attached to this memorandum as a
reference to the town’s total CIP program.
In prior years it has been the practice to adopt a supplemental budget amendment in order to
update beginning fund balance estimates and generally recognize revisions to the budgets that were
not identified at the time the budget was originally adopted.
This budget amendment involves two resolutions: one for the operating funds (General, Water,
Debt, Fleet, and Transit), and one for the Capital Projects Fund.
Below is a summary of proposed budget revisions by fund and estimated impacts to respective fund
balances. The level of fund balances continues to meet Town policy in all the amended funds.
General Fund
A number of revisions to the General Fund budget have been accumulated since the beginning of
the year, including staffing changes, changes and additions to special events, and other unforeseen
items. The net result of these changes revises the current year surplus down from $1,313,641 in the
original 2015 budget to $495,270. However, because of the large increase in the General Fund
ending 2014 fund balance of $1,149,262, the 2015 estimated ending fund balance is $330,891 larger
than originally anticipated.
After making revisions to the various assignments of fund balance based upon appropriations for
special events and other items, the General Fund stabilization balance, which represents reserves
over and above the required 25% minimum fund balance, is increased by $232,596 to a total of
$566,567.
Page 2
A summary of the changes is listed below:
• $178,122 - Appropriation of costs from the 2015 special events assigned fund balance
Includes Flavors of Colorado ($128,122) and the Latin Music Festival ($50,000)
• $137,700 - Appropriation of items included in the 2014 special events assigned fund balance
Includes Apres Avon ($87,700) and Winter Wondergrass ($50,000)
• $45,000 – Convert 16‘ streetlights to LED
• $50,490 – Additional Building Tech position
• $13,302 – Network consulting services for six months for assistance in the transition of new
IT Administrator
• $10,000 – Lot 5 Drainage Improvements
• $24,000 – Avon Recreation Center print advertising
• $19,500 – Repairs to fire sprinkler system and corroded sprinkler heads
• $26,100 – Volleyball and pickleball court improvements
• $7,500 – New picnic tables and trash cans for Possibility Plaza
• $15,000 – Walkability study
• $20,000 – Resort App agreement
• $225,000 - Increase Transfers-Out to Capital Projects Fund
Water Fund
Revisions to the Water Fund include the addition of $20,000 in legal fees and minor changes to
worker’s compensation rates.
The net result of the above changes, including revising the Beginning Fund Balance based on
actual audited balances, is a net $51,713 increase to the estimated Ending Fund Balance.
Debt Service Fund
The revision to the Debt Service Fund includes the removal of the $245,162 debt expense
related to the purchase of the skier building.
Transit Enterprise Fund
Revisions to the Transit Fund include the following:
• $134,994 for the 2014 scheduled bus purchase delayed into 2015. This will also increase FTA
grant funds from $328,000 to $453,000 resulting in a net cost to the Town of $9,995.
• $20,261 for a new floor scrubber for the bus barn
• $3,558 to adjust the HVAC contract
• $143,914 - Revise Beginning Fund Balance based on audit results
The net result of the above changes, including revising the Beginning Fund Balance based on
actual audited balances, is a net $109,393 increase to the estimated Ending Fund Balance.
Fleet Maintenance Fund
The $9,933 in minor revisions to the Fleet Maintenance Fund includes slight changes in
personnel and worker’s compensation rates.
Page 3
After taking into account the increased expenditures as well as a $24,638 increase in beginning
fund balance, the amended ending fund balance is $14,706 higher than the adopted budget.
Capital Projects Fund
New projects that are being proposed not previously included in the budget include the
following:
• Joint Public Safety Facility Project:
o Short-term Loan to the Eagle River Fire Protection District - $750,000. The IGA
provides for a maximum loan of $830,000. However current interest rates
indicate the amount around $718,000.
o Design of Joint Public Safety Facility - $270,000.
• Recreation Center:
o Exterior Renovation - $45,000. The exterior renovation includes: west entrance
concrete repair, demolition of the gated area in front of Ascent office, concrete
fill of the old childcare sandbox in front of Ascent, lowering and refurbishment of
the fence around the pool patio area, and re-painting of the red awnings.
o Remodel Phase 2 - $92,000. Phase 2 includes: demolition of current front desk,
construction of new ergonomically designed front desk reception mid lobby, new
lobby furniture, demo and refurbishment of upstairs meeting room, glass wall
removed to increase weight room space, remodel/refinish of Danita’s old office
for the Aquatics Supervisor,(employee lounge will go where Ryan sits now),
construction of wooden electronics boxes in cardio area covering plastic and
metal boxes.
o Bouldering Wall - $50,000. Bouldering wall will be a 30’x10’ wall constructed
where the front desk sits currently. The door and towel drop bin will be
reconfigured.
o Slide Refurbishment - $59,000. The slide refurbishment includes new stairs and
a refurbishment of the flume surface with fresh paint inside and out.
• Fishing Pier Repairs - $75,000. Please see the attached memorandum from Justin
Hildreth.
• Avon Road Landscaping Project - $485,000. The Avon Road 2015 Landscape
Improvements Project is a comprehensive update of the Avon Road landscaping that has
been in place since the construction of the roundabouts in 1998. The proposed 2015
project scope includes new landscaping at the median islands and at Roundabouts #1,
#2, #3, and #5. Another goal of the project is to reduce water requirements by installing
native, drought tolerant plants and water efficient irrigation fixtures.
• Space Needs Analysis - $30,000. This project will assist the Town in determining the
space needs and programming of a Town Hall building in terms of functionality,
accessibility, flexibility and cost effectiveness; and to assist with a facility condition
assessment of the current Town Hall.
Sub-Total Net Impact on Fund Balance from New Projects – ($1,856,000)
Page 4
Revised Projects included in the CIP long-range that are proposed to change in cost, scope, or
timing:
• Transit Bus Shelters - $125,000. A FTA-5311 Capital Funding Grant of $125,000 has been
approved. This project will place bus shelters at Christy Sports and City market stops
and improve signage and add seating at existing shelters.
• Nottingham Park Playground - $75,000. Design for the new playground which is
currently planned for construction in 2016. Updated total cost for this project has
increased from $550,000 to $1,075,000.
• Metcalf Road Bike Climbing Lane Phase 2 - $500,000. Phase 1 is included in the 2015
street improvements. This accelerates the completion of Phase 2 originally planned for
completion in 2019. Notice to proceed will depend upon 2015 real estate transfer tax
collections and will not be given until early fall.
Sub-Total Net Impact on Fund Balance from Revised Projects – ($575,000)
Rollover Projects that were included in the previous year budget that are not yet completed:
• Public Works Lot 5 Drainage Repairs- $56,489.
• Recreation Center Remodel - $17,793.
• Nottingham Park Pavilion - $1,145,716. Please see the attached memorandum from
Justin Hildreth.
• 2014 Mall Improvements - $203,058.
• Post Blvd. Landscaping Improvements - $30,000.
• Post Blvd. Electrical Assessment and Street Lights - $33,599.
• West B/C Blvd. Bike Lanes - $35,000.
• Eagle Valley Trails phase 3 Design - $39,659.
• Police Digital Ticketing System - $60,000.
• Kronos Timekeeping System - $10,238.
Other Project Revisions
• Add $27,000 for costs incurred with the proposed financing of the Skier Building.
• Eliminate the budget for the Skier Bldg. Tenant Finish - $2,520,000.
Other Fund Considerations
• Added $3.8 million of proceeds from the 2014 Certificates of Participation for street
improvements. This was originally budgeted in 2014 but delayed to 2015.
• Added Asphalt Overlay Contributions from Traer Creek Metro District - $40,000, and
from the Traer Creek Developer - $80,000. The restricted revenues for these
contributions was overlooked in the original 2015 budget.
• Added Operating transfer-in from General Fund - $225,000. Transfer-in from the
General Fund are proposed in order to maintain an adequate reserve level in the Capital
Project Fund of at least $1,000,000.
• Revised beginning 2015 fund balance based on actual 2014 year-end results.
The net impact to the overall fund balance of the Capital Projects Fund of all the above
revisions is a decrease of $98,989. The unreserved fund balance is revised down to $1,008,115
Page 5
from $1,227,104. The revised unreserved fund balance is the minimum that staff would
recommend at this time given the assumptions of revenues and project costs.
Attachments:
1. Resolution No. 2015-09
2. General Fund Supplemental Amendment No. 1
3. Water Fund Supplemental Amendment No. 1
4. Debt Service Fund Supplemental Amendment No. 1
5. Transit Enterprise Fund Supplemental Amendment No.1
6. Fleet Maintenance Fund Supplemental Amendment No.1
7. Resolution No. 2015-10
8. Capital Projects Fund Supplemental Amendment No. 1
9. Justin Hildreth Memorandum - April 2015 Update on H.A. Nottingham Park Pavilion and
Fishing Pier
10. Long-range CIP Plan
TOWN OF AVON, COLORADO
RESOLUTION NO. 15-09
SERIES OF 2015
A RESOLUTION TO AMEND THE 2015 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2015 BUDGET FOR THE TOWN OF AVON,
COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY
OF JANUARY, 2015 AND ENDING ON THE LAST DAY OF DECEMBER, 2015
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2015 budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for all operating funds for 2015; and
WHEREAS, the Town Council finds it necessary to amend the 2015 budget to
more accurately reflect the revenues and expenditures for 2015; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the following funds are
revised as follows for 2015:
Original or
Previously
Amended
2015 Budget
Current
Proposed
Amended
2015 Budget
General Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 3,315,036
15,163,046
13,849,405
$ 4,464,298
15,186,258
14,690,988
Ending Fund Balance
$ 4,628,677
$ 4,959,568
Res. No. 15-09
May 26, 2015
Page 1 of 2
Original or
Previously
Amended
2015 Budget
Current
Proposed
Amended
2015 Budget
Water Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 844,469
170,000
165,238
$ 916,230
170,000
185,286
Ending Fund Balance
$ 849,231
$ 900,944
Debt Service Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 511,335
1,350,507
1,350,507
$ 507,988
1,105,345
1,105,345
Ending Fund Balance $ 511,335 $ 507,988
Transit Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 495,562
1,796,337
1,869,598
$ 639,476
1,921,337
2,029,119
Ending Fund Balance
$ 422,301
$ 531,694
Fleet Maintenance Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 179,389
1,672,358
1,688,919
$ 204,027
1,672,358
1,698,851
Ending Fund Balance
$ 162,828
$ 177,533
Section 2. That the budget, as submitted, amended, and hereinabove summarized
by fund, hereby is approved and adopted as the budget of the Town of Avon for the year
stated above.
Section 3. That the budget hereby approved and adopted shall be signed by the
Mayor and made part of the public record of the Town.
ADOPTED this 28th day of April, 2015.
AVON TOWN COUNCIL
By:___________________________ Attest:________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
Res. No. 15-09
May 26, 2015
Page 2 of 2
Fund Summary
Adopted Amended Difference
Actual Budget Budget Increase
2014 2015 2015 (Decrease)
REVENUES
Taxes 10,842,607$ 10,820,041$ 10,820,041$ -$
Licenses and Permits 210,636 153,500 153,500 -
Intergovernmental 937,927 948,956 967,456 18,500
Charges for Services 1,268,023 1,276,195 1,276,195 -
Fines and Forfeitures 131,513 101,900 106,612 4,712
Investment Earnings 26,432 15,000 15,000 -
Other Revenue 347,731 309,119 309,119 -
Total Operating Revenues 13,764,869 13,624,711 13,647,923 23,212
Other Sources
Capital Lease Proceeds - - - -
Sales of Capital Assets - - - -
Transfer-In From Capital Projects Fund 207,121 1,538,335 1,538,335 -
Total Other Sources 207,121 1,538,335 1,538,335 -
TOTAL REVENUES 13,971,990$ 15,163,046$ 15,186,258$ 23,212$
EXPENDITURES
General Government 2,884,616$ 2,848,748$ 2,878,171$ 29,423$
Community Development 456,063 1,060,377 1,455,162 394,785
Public Safety 2,726,711 2,992,877 3,001,223 8,346
Public Works 1,499,235 2,983,725 3,126,529 142,804
Parks and Recreation 3,564,315 2,191,678 2,232,903 41,225
Total Operating Expenditures 11,130,940 12,077,405 12,693,988 616,583
Contingency - 100,000 100,000 -
Other Uses
Transfers-Out to Town Center West Fund 45,000 150,000 150,000 -
Transfers-Out to Capital Projects Fund 2,025,000 120,000 345,000 225,000
Transfers-Out to Transit 860,000 1,102,000 1,102,000 -
Transfers-Out to Fleet Maintenance 300,000 300,000 300,000 -
Total Other Uses 3,230,000 1,672,000 1,897,000 225,000
TOTAL EXPENDITURES 14,360,940 13,849,405 14,690,988 841,583
NET SOURCE (USE) OF FUNDS (388,950) 1,313,641 495,270 (818,371)
FUND BALANCES, Beginning of Year 4,853,248 3,315,036 4,464,298 1,149,262
FUND BALANCES, End of Year 4,464,298$ 4,628,677$ 4,959,568$ 330,891$
FUND BALANCES:
Nonspendable -$ -$ -$ -$
Restricted For:
3% TABOR Emergency Reserve 476,619 532,355 598,376 66,021
Assigned For:
Special Events - 300,000 121,878 (178,122)
2015 World Alpine Ski Championships - - - -
Unassigned:
25% Minimum Reserve Balance 3,590,235 3,462,351 3,672,747 210,396
Stabilitzation Balance 397,444 333,971 566,567 232,596
TOTAL FUND BALANCES 4,464,298$ 4,628,677$ 4,959,568$ 330,891$
General Fund #10
Supplemental Amendment No. 1
Fund Summary
Adopted Amended Difference
Actual Budget Budget Increase
2014 2015 2015 (Decrease)
REVENUES
Charges for Services:
Water Surcharges 149,832$ 150,000$ 150,000$ -$
Tap Fees 285,948 20,000 20,000 -
Tap Fees - Mountain Star 53,822 - - -
Total Charges for Services 489,602 170,000 170,000 -
Other Revenues
Nonclassified Revenues - - - -
TOTAL REVENUES 489,602$ 170,000$ 170,000$ -$
EXPENDITURES
Water Utilities 170,166 165,238 185,286 20,048
Total Operating Expenditures 170,166 165,238 185,286 20,048
Other Uses
Transfers Out - Capital Projects Fund 157,764 - - -
TOTAL EXPENDITURES 327,930 165,238 185,286 20,048
NET SOURCE (USE) OF FUNDS 161,672 4,762 (15,286) (20,048)
FUND BALANCES, Beginning of Year 754,558 844,469 916,230 71,761
FUND BALANCES, End of Year 916,230$ 849,231$ 900,944$ 51,713$
FUND BALANCES:
Restricted For:
Water Projects 316,230$ 249,231$ 300,944$ 51,713$
Assigned For:
Mountain Star Water Tank Contribution 600,000 600,000 600,000 -
TOTAL FUND BALANCES 916,230$ 849,231$ 900,944$ 51,713$
Water Fund #24
Supplemental Amendment No. 1
Fund Summary
Adopted Amended Difference
Account Actual Budget Budget Increase
Number Description 2014 2015 2015 (Decrease)
REVENUES
Taxes:
51101 General Property Taxes 550,201$ 541,020$ 541,020$ -$
51102 Property Tax - Delinquent 1 - - -
51103 Property Tax - Interest & Penalties (5,775) - - -
51104 Property Tax - Abatement (12,352) - - -
51000 Total Taxes 532,075 541,020 541,020 -
Investment Earnings:
57101 Investment Earnings 294 1,000 1,000 -
Other Sources:
59201 Transfers-In from Capital Projects Fund 732,375 808,487 563,325 (245,162)
59000 Total Other Sources 732,375 808,487 563,325 (245,162)
50000 TOTAL REVENUES 1,264,744 1,350,507 1,105,345 (245,162)
EXPENDITURES
Debt Service:
919 Series 1999, Sales Tax Revenue Refunding Bonds
65101 Principal 445,000 - - -
65102 Interest 20,248 - - -
922 Series 2004, G.O. Refunding Bonds
65101 Principal 475,000 490,000 490,000 -
65102 Interest 58,012 40,200 40,200 -
924 Series 2010, Certificates of Participation
65101 Principal 125,000 130,000 130,000 -
65102 Interest 123,581 119,832 119,832 -
925 Series 2014A, Certificates of Participation (Skier Bldg.)
65101 Principal - - - -
65102 Interest - 245,162 - (245,162)
926 Series 2014B, Certificates of Participation (Street Improvements)
65101 Principal - 210,000 210,000 -
65102 Interest - 94,493 94,493 -
911
64303 County Treasurer Fees 10,787 10,820 10,820 -
65103 Fiscal Agent Fees 10,463 10,000 10,000 -
Total Debt Service 1,268,091 1,350,507 1,105,345 (245,162)
60000 TOTAL EXPENDITURES 1,268,091 1,350,507 1,105,345 (245,162)
NET SOURCE (USE) OF FUNDS (3,347) - - -
FUND BALANCES, Beginning of Year 511,335 511,335 507,988 (3,347)
FUND BALANCES, End of Year 507,988$ 511,335$ 507,988$ (3,347)$
Debt Service Fund #31
Supplemental Amendment No. 1
Fund Summary
Adopted Amended Difference
Actual Budget Budget Increase
2014 2015 2015 (Decrease)
REVENUES
Charges for Services 1,287,309$ 1,372,358$ 1,372,358$ -$
Other Revenue 13,059 - - -
Total Operating Revenues 1,300,368 1,372,358 1,372,358 -
Other Sources
Transfers-In from General Fund 300,000 300,000 300,000 -
Capital Lease Proceeds - - - -
Total Other Sources 300,000 300,000 300,000 -
TOTAL REVENUES 1,600,368 1,672,358 1,672,358 -
EXPENDITURES
Public Works:
Fleet Maintenance 1,619,138 1,688,919 1,698,851 9,932
Total Operating Expenditures 1,619,138 1,688,919 1,698,851 9,932
TOTAL EXPENDITURES 1,619,138 1,688,919 1,698,851 9,932
NET SOURCE (USE) OF FUNDS (18,770) (16,561) (26,493) (9,932)
FUND BALANCES, Beginning of Year 222,797 179,389 204,027 24,638
FUND BALANCES, End of Year 204,027$ 162,828$ 177,534$ 14,706$
Fleet Maintenance Enterprise Fund #61
Supplemental Amendment No. 1
Fund Summary
Adopted Amended Difference
Actual Budget Budget Increase
2014 2015 2015 (Decrease)
REVENUES
Taxes 40,079$ 40,191$ 40,191$ -$
Intergovernmental - 328,000 453,000 125,000
Charges for Services 282,878 263,066 263,066 -
Other Revenues 61,837 63,080 63,080 -
Total Operating Revenues 384,794 694,337 819,337 125,000
Other Sources
Transfers In from General Fund - Operating 860,000 1,020,000 1,020,000 -
Transfers In from General Fund - Capital - 82,000 82,000 -
Total Other Sources 860,000 1,102,000 1,102,000 -
TOTAL REVENUES 1,244,794 1,796,337 1,921,337 125,000
EXPENDITURES
Administration 205,150 240,302 244,086 3,784
Operations 866,555 1,408,165 1,563,787 155,622
Washbay 94,345 221,131 221,246 115
TOTAL EXPENDITURES 1,166,050 1,869,598 2,029,119 159,521
NET SOURCE (USE) OF FUNDS 78,744 (73,261) (107,782) (34,521)
FUND BALANCES, Beginning of Year 560,732 495,562 639,476 143,914
FUND BALANCES, End of Year 639,476$ 422,301$ 531,694$ 109,393$
Transit Enterprise Fund #52
Supplemental Amendment No. 1
TOWN OF AVON, COLORADO
RESOLUTION NO. 15-10
SERIES OF 2015
A RESOLUTION TO AMEND THE 2015 TOWN OF AVON CAPITAL
PROJECTS FUND BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2015 CAPITAL PROJECTS FUND BUDGET FOR
THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR
BEGINNING ON THE FIRST DAY OF JANUARY, 2015 AND ENDING ON THE
LAST DAY OF DECEMBER, 2015
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2015 Capital Projects Fund budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for 2015; and
WHEREAS, the Town Council finds it necessary to amend the 2015 Capital
Projects Fund budget to more accurately reflect the revenues and expenditures for 2015;
and
WHEREAS, the Town Council has caused to be published a notice containing
the date and time of a public hearing at which the adoption of the proposed budget
amendment will be considered and a statement that the proposed budget amendment is
available for public inspection at the office of the Town Clerk located in the Avon Town
Hall during normal business hours, and that any interested elector of the Town of Avon
may file any objection to the proposed budget amendment at any time prior to the final
adoption of the proposed budget amendment; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the Capital Projects
Fund are revised as follows for 2015:
Res. No. 15-10
May 26, 2015
Page 1 of 2
Original or
Previously
Amended
2015 Budget
Current
Proposed
Amended
2015 Budget
Capital Projects Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 6,547,338
3,979,053
7,554,766
$ 3,386,721
8,286,553
8,800,638
Ending Fund Balance
$ 2,971,625
$ 2,872,636
Section 2. That the Capital Projects Fund budget, as submitted, amended, and
hereinabove summarized by fund, hereby is approved and adopted as the capital program
budget of the Town of Avon for the year stated above.
Section 3. That the Capital Projects Fund budget as hereby approved and adopted
shall be signed by the Mayor and made part of the public record of the Town.
ADOPTED this 26th day of May, 2015.
AVON TOWN COUNCIL
By:______________________________ Attest:________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
Res. No. 15-10
May 26, 2015
Page 2 of 2
Page 1
Fund Summary
Original or Proposed
Prev. Amended Revised Difference
Actual Budget Budget Increase
2014 2015 2015 (Decrease)
REVENUES
Taxes 3,764,526$ 3,825,312$ 3,825,312$ -$
Intergovernmental 1,026,019 30,000 232,500 202,500
Investment Earnings 13,298 3,741 3,741 -
Other Revenue 74,926 - 80,000 80,000
Total Revenues 4,878,769 3,859,053 4,141,553 282,500
Other Sources:
Transfer In from Other Funds 3,904,015 120,000 345,000 225,000
Certificates of Participation - - 3,800,000 3,800,000
Total Other Sources 3,904,015 120,000 4,145,000 4,025,000
TOTAL REVENUES AND OTHER SOURCES 8,782,784 3,979,053 8,286,553 4,307,500
EXPENDITURES
Capital Improvements:
Facilities 3,010,753 2,705,000 2,818,508 113,508
Land and Land Improvements 73,966 - 150,000 150,000
Roads and Streets 4,612,269 2,381,679 3,417,995 1,036,316
Water Fund Projects 161,506 - - -
Communications and Technology 64,215 - 70,238 70,238
Strategic Planning 5,000 - 30,000 30,000
Debt Service:
Bond Issuance Costs - - 93,800 93,800
Capital Leases 153,511 121,265 121,770 505
Total Expenditures 8,081,220 5,207,944 6,702,311 1,494,367
Other Uses
Operating Transfer-Out - General Fund 207,121 1,538,335 1,538,335 -
Operating Transfer-Out - Debt Service Fund 732,375 808,487 559,992 (248,495)
Total Other Uses 939,496 2,346,822 2,098,327 (248,495)
TOTAL EXPENDITURES AND OTHER USES 9,020,716 7,554,766 8,800,638 1,245,872
NET SOURCE (USE) OF FUNDS (237,932) (3,575,713) (514,085) 3,061,628
FUND BALANCE, Beginning of Year 3,624,653 6,547,338 3,386,721 (3,160,617)
FUND BALANCE, End of Year 3,386,721$ 2,971,625$ 2,872,636$ (98,989)$
Fund Balances
Restricted For:
Street Improvements -$ 1,624,521$ 1,624,521$ -$
Asphalt Overlay - 120,000 240,000 120,000
Unassigned and Unreserved 3,386,721 1,227,104 1,008,115 (218,989)
Total Fund Balances 3,386,721$ 2,971,625$ 2,872,636$ (98,989)$
Capital Projects Fund #41
Supplemental Amendment No. 1
Page 2
Original or Proposed
Prev. Amended Revised Difference
Actual Budget Budget Increase
Description 2014 2015 2015 (Decrease)
Taxes:
Penalties and Interest 3,733$ -$ -$ -$
Real Estate Transfer Tax 3,760,793 3,825,312 3,825,312 -
Total Taxes 3,764,526 3,825,312 3,825,312 -
Intergovernmental:
Federal / State:
FTA 90 SGR Grant 49,705 - - -
FTA-5311 Capital Funding Grant (Bus Shelters)- - 125,000 125,000
CDOT FASTER Grant - - - -
GOCO Grant - Eagle Valley Trail - Phase 1 497,000 - - -
CDOT Grant - Eagle Valley Trail - Phase 3 - - - -
Local Government / Other:
ECO Grant - Traer Creek Bus Stop - 30,000 30,000 -
Eagle County Trails Grant - Phase 2 463,864 - - -
Eagle County Trails Grant - Saddleridge Trail 15,450 - - -
Asphalt Overlay Contributions - TCMD - - 40,000 40,000
Short-term Loan Repayment - ERFPD - - 37,500 37,500
Total Intergovernmental 1,026,019 30,000 232,500 202,500
Investment Earnings:
Interest Earnings 17,962 3,741 3,741 -
Net Increase (Decrease) in Fair Value (4,664) - - -
Total Investment Earnings 13,298 3,741 3,741 -
Other Revenues:
Asphalt Overlay Contributions - Developer - - 80,000 80,000
Donations and Contributions 27,000 - - -
Project cost Reimbursements 32,614 - - -
Nonclassifed 15,312 - - -
Total Other Revenues 74,926 - 80,000 80,000
Revenue Detail
Capital Projects Fund #41
Supplemental Amendment No. 1
Page 3
Original or Proposed
Prev. Amended Revised Difference
Actual Budget Budget Increase
Description 2014 2015 2015 (Decrease)
Revenue Detail
Capital Projects Fund #41
Supplemental Amendment No. 1
Other Sources:
Transfer In from General Fund:
Capital Fund Shortfall - - 225,000 225,000
Nottingham Park Pavillion 700,000 - - -
Short-term Loan 1,325,000 - - -
Asphalt Overlay - 120,000 120,000 -
Transfer In from Avon URA (2014 Mall Improvements)700,000 - - -
Transfer In from Community Enhancement Fund 608,000 - - -
Transfer In from Facilities Reserve Fund 413,251 - - -
Transfer In from Water Fund 157,764 - - -
Certificates of Participation - - 3,800,000 3,800,000
Total Other Sources 3,904,015 120,000 4,145,000 4,025,000
TOTAL REVENUES 8,782,784$ 3,979,053$ 8,286,553$ 4,307,500$
Page 4
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2013 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2014 2015 2015 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Facilities:
General Government Facilities:
11011 Town Hall Acquisition -$ 5,822$ -$ 27,000$ 32,822$ 3,200,000$ 32,822$ (3,167,178)
11012 Town Hall Tenant Finish - - 2,520,000 - - 2,520,000 - (2,520,000)
New Short-term Loan to Fire District - - - 750,000 750,000 - 750,000 750,000
Joint Public Safety Facility Project:
New Design - - - 270,000 270,000 - 270,000 270,000
I70 Transit / PW Facilities Improvement Project:-
13005 Public Works Facilities (On Site & Lot 5)585,773 77,212 - 56,489 719,474 719,474 719,474 -
13009 Transit Facility Construction (Grant #90)8,487,601 30,065 - - 8,517,666 8,281,888 8,281,888 -
Transportation Facilities:
14011 Transit Bus Shelters - - 125,000 250,000 250,000 125,000 250,000 125,000
Transit Bus Stop - Traer Creek Plaza - 4,490 60,000 55,510 60,000 60,000 60,000 -
Cultural and Recreational Facilities:
15009 Locker Room Remodel - 106,673 - - 106,673 120,000 120,000 -
15010 Recreation Center Remodel - Yoga Studio and Weight - 62,207 - 17,793 80,000 80,000 80,000 -
15012 Nottingham Park Pavilion - 2,724,284 - 1,145,716 3,870,000 3,870,000 3,870,000 -
New Recreation Center Exterior Renovation - - - 45,000 45,000 - 45,000 45,000
New Recreation Center - Remodel - Phase 2 - - - 92,000 92,000 - 92,000 92,000
New Recreation Center - Bouldering Wall - - - 50,000 50,000 - 50,000 50,000
New Recreation Center - Slide Refurbishment - - - 59,000 59,000 - 59,000 59,000
Land and Land Improvements:
21016 Nottingham Park Zone C Improvements - Playground De - 3,966 - 75,000 78,966 550,000 1,075,000 525,000
21018 Nottingham Park Athletic Field Drainage Improvements - 70,000 - - 70,000 70,000 70,000 -
New Fishing Pier Repairs - - - 75,000 75,000 - 75,000 75,000
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41
Supplemental Amendment No. 1
Page 5
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2013 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2014 2015 2015 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41
Supplemental Amendment No. 1
Roads and Streets:
Streetscape Improvements
31014 Avon Rd. Streetscape Update - 242,052 300,000 10,000 252,052 484,000 252,052 (231,948)
31015 2014 Mall Improvements - 1,789,645 - 203,058 1,992,703 1,992,703 1,992,703 -
31018 Post Blvd. Landscaping Improvements - 308,986 - 30,000 338,986 368,000 338,986 (29,014)
31019 Post Blvd. Electrical Assessment and Street Lights - 44,401 - 33,599 78,000 78,000 78,000 -
31020 Avon Rd. Streetlights - 165,753 - - 165,753 200,000 165,753 (34,247)
New 2015 Avon Rd. Landscaping Project - - - 485,000 485,000 - 485,000 485,000
35003 Roundabout #4 TCW Feature - 75,343 - - 75,343 60,000 60,000 -
Annual Street Maintenance:
33014 2014 Paving/Road Improvements - 740,622 - - 740,622 763,760 763,760 -
33015 2015 Paving/Road Improvements - - 2,081,679 2,081,679 2,081,679 2,081,679 2,081,679 -
Street Improvements
32015 US Hwy 6 Shoulder Widening Contribution - 50,000 - - 50,000 50,000 50,000 -
34024 B/C Blvd. Bike Lanes - - - 35,000 35,000 35,000 35,000 -
32017 Metcalf Road Bike Climbing Lane - Phase 2 - - - 500,000 500,000 700,000 500,000 (200,000)
Multi-Modal/Alternative Mobility:
34017 Eagle Valley Trails: Phase 1 - 556,525 - - 556,525 561,000 561,000 -
34023 Eagle Valley Trails: Phase 2 - 469,146 - - 469,146 522,000 522,000 -
34015 Eagle Valley Trails: Phase 3 - 10,341 - 39,659 50,000 2,850,000 3,050,000 200,000
Recreational Trails Program:
34019 West Avon Preserve Trail Improvements - 159,455 - - 159,455 157,626 157,626 -
Water Fund Projects:
61010 Nottingham Lake Liner Replacement 1,160,465 157,674 - - 1,318,139 1,300,000 1,300,000 -
21020 Pump House Pump Replacement - 3,832 - - 3,832 100,000 100,000 -
Page 6
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2013 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2014 2015 2015 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41
Supplemental Amendment No. 1
Strategic Planning:
79110 Recreation Center Expansion: Exhibits and Displays - 5,000 - - 5,000 5,000 5,000 -
New Space Needs Analysis - - - 30,000 30,000 - 30,000 30,000
Communications and Technology:
81008 Digital Ticketing - - - 60,000 60,000 60,000 60,000 -
81009 CityVision Budgeting Software System - 39,453 - - 39,453 40,000 40,000 -
81010 Timekeeping Software and Peripheral Devices - 24,762 - 10,238 35,000 35,000 35,000 -
Total Capital Improvement Projects 10,233,839$ 7,927,709$ 5,086,679$ 6,486,741$ 24,648,289$ 32,040,130$ 28,563,743$ (3,476,387)$
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Date: April 23, 2015
Agenda Topic: April 2015 Update on H.A. Nottingham Park Pavilion and Fishing Pier
Pavilion
The H.A. Nottingham Park Pavilion (Pavilion) was mostly completed in January and the contractor is
planning to complete the items that could not be completed in the winter by mid-May including side
curtains, landscaping and painting the canopy. The project is within the budget and the costs are
summarized below:
Item Amount
Construction $3,469,996
Architecture, Engineering and othe Fees $335,000
Total $3,804,996
Budget $3,870,000
Funds Remaining $65,004
Included in the construction costs is $97,000 for sound baffles attached to the ceiling that are supposed
to help project unamplified sound to the field. The acoustic consultant stated that the baffles will have
minimal effect in projecting sound out to the field because of the height of the canopy and the lack of
side walls, like a bandshell. We are recommending deleting the $97,000 from the project and adding the
funds to the contingency. This will increase the funds remaining to $162,004. If numerous non-amplified
sound events are programed in the future the addition of the baffles can be revisited. A portion of the
remaining funds will be used to pay for several items that were valued engineered out of the project that
now seem necessary including lighting controls, concrete band to contain the pavers in the front plaza,
landscaping in addition to adding sand below the sod infront of the plaza to improve drainage. These
items are estimated to cost approximately $100,000 leaving the project about $62,000 under budget.
Fishing Pier
Over the winter, 7 of the 16 columns that support the fishing pier broke. The structural engineer stated
the damage was from lateral forces of the ice moving. He speculated that it was damaged this year and
not in previous years because shifting ice had a larger then normal force due to the lower lake levels. The
repair is being advertised on the Town’s website and bids are due on Friday, April 24th. The repairs are
scheduled to be completed by May 15th. If the repairs cannot be completed by May 15th then the work will
be delayed until after the summer tourist season. The work is estimated to cost$50,000 and the actual
cost will be available at the Town Council meeting.
TOWN OF AVON
CAPITAL PROJECTS FUND 5-YEAR PLAN
Page 1
Proposed
Current Revised Proposed
Actual Budget Budget Budget
2014 2015 2015 2016 2017 2018 2019
REVENUES
Real Estate Transfer Tax:3,764,526$ 3,825,312$ 3,825,312$ 3,318,080$ 3,190,368$ 2,000,000$ 2,000,000$
Interest Earnings 13,298 3,741 3,741 13,372 10,460 16,388 19,675
Intergovernmental:
Federal/State:
FTA 90 SGR 49,705 - - - - - -
FTA-5311 Capital Funding Grant (Bus Shelters)- - 125,000 - - - -
GOCO Grant - Eagle Valley Trail - Phase 1 497,000 - - - - - -
CDOT Grant - Eagle Valley Trail - Phase 3 - - - 1,355,000 - - -
GOCO Grant - Playground - - - 350,000 - - -
Local Government:
ECO Grant - Traer Creek Bus Stop - 30,000 30,000 - - - -
Eagle County Trails Grant - Phase 2 463,864 - - - - - -
Eagle County Trails Grant - Saddleridge Trail 15,450 - - - - - -
Asphalt Overlay Contributions - TCMD - - 40,000 40,000 40,000 40,000 40,000
Short-term Loan Repayment - ERFPD - - 37,500 75,000 75,000 562,500 -
Other Revenues:
Asphalt Overlay Contributions - Developer - - 80,000 80,000 80,000 80,000 80,000
Donations and Contributions 27,000 - - - - - -
Project Cost Reimbursements 32,614 - - - - - -
Nonclassified 15,312 - - - - - -
Total Operating Revenues 4,878,769 3,859,053 4,141,553 5,231,452 3,395,828 2,698,888 2,139,675
Other Sources:
Debt Proceeds - Street Improvements - - 3,800,000 - - - -
Transfer in from General Fund
- Fund Shortfall - - 225,000 250,000 - - -
- Nottingham Park Pavilion 700,000 - - - - - -
- Short-term Loan 1,325,000 - - - - - -
- Asphalt Overlay - 120,000 120,000 120,000 120,000 120,000 120,000
Transfer in from the AURA - Mall Improvement Project 700,000 - - - - - -
Transfer in from Community Enhancement Fund
- Mall Improvement Project 608,000 - - - - - -
- 2016 Power line Undergrounding - - - 100,000 - - -
Transfer in from Facilities Reserve Fund -
Consolidation with Capital Projects Fund 413,251 - - - - - -
Transfer in from Water Fund 157,764 - - 100,000 - - -
Total Other Sources 3,904,015 120,000 4,145,000 570,000 120,000 120,000 120,000
Total Revenues and Sources of Funds 8,782,784$ 3,979,053$ 8,286,553$ 5,801,452$ 3,515,828$ 2,818,888$ 2,259,675$
Projected
TOWN OF AVON
CAPITAL PROJECTS FUND 5-YEAR PLAN
Page 2
Proposed
Current Revised Proposed
Actual Budget Budget Budget
2014 2015 2015 2016 2017 2018 2019
Projected
EXPENDITURES
Capital Improvements:
Facilities 3,010,753 2,705,000 2,818,508 80,000 - 75,000 300,000
Land and Land Improvements 73,966 - 150,000 1,000,000 625,000 - -
Roads and Streets 4,612,269 2,381,679 3,417,995 4,478,378 776,143 650,000 250,000
Utilities - - - - - - -
Water Fund Projects 161,506 - - 100,000 - - -
Communications and Technology 64,215 - 70,238 - - - -
Strategic Planning 5,000 - 30,000 - - - -
Debt Service:
Debt Issuance Costs - - 93,800 - - - -
Capital Leases 153,511 121,265 121,770 121,770 121,770 121,770 43,082
Total Expenditures 8,081,220 5,207,944 6,702,311 5,780,148 1,522,913 846,770 593,082
Other Uses:
Operating Transfers Out - General Fund:
- Engineering Department Salary and Operations 207,121 213,335 213,335 219,735 226,327 233,117 240,110
- Repayment of Short-term Loan - 1,325,000 1,325,000 - - - -
Operating Transfers Out - Debt Service Fund:
- 2010 Certificates of Participation Notes 255,081 252,165 252,165 252,165 253,265 251,881 250,133
- Town Hall & Parking Facility - 248,495 - - - - -
- 1999 Revenue Refunding Bonds (Rec Center)477,294 - - - - - -
- 2015-17 Street Improvements - 307,827 307,827 309,494 302,926 302,931 302,825
Total Other Uses 939,496 2,346,822 2,098,327 781,394 782,518 787,929 793,068
Total Expenditures and Uses of Funds 9,020,716 7,554,766 8,800,638 6,561,542 2,305,431 1,634,699 1,386,150
Net Source (Use) of Funds (237,932) (3,575,713) (514,085) (760,090) 1,210,397 1,184,189 873,525
Fund Balance, Beginning of Year 3,624,653 6,547,338 3,386,721 2,872,636 2,112,546 3,322,943 4,507,132
Fund Balance, End of Year 3,386,721$ 2,971,625$ 2,872,636$ 2,112,546$ 3,322,943$ 4,507,132$ 5,380,657$
TOWN OF AVON
CAPITAL PROJECTS FUND 5-YEAR PLAN
Page 3
Proposed
Current Revised Proposed
Actual Budget Budget Budget
2014 2015 2015 2016 2017 2018 2019
Projected
Fund Balances
Restricted For:
Street Improvements -$ 1,624,521$ 1,624,521$ 626,143$ -$ -$ -$
Asphalt Overlay - 120,000 240,000 480,000 720,000 960,000 1,200,000
Assigned For:
Facility Debt Service - - - - 400,000 800,000 1,200,000
Unassigned:
Unreserved 3,386,721 1,227,104 1,008,115 1,006,403 2,202,943 2,747,132 2,980,657
Total Fund Balances 3,386,721$ 2,971,625$ 2,872,636$ 2,112,546$ 3,322,943$ 4,507,132$ 5,380,657$
TOWN OF AVON
CAPITAL PROJECTS INVENTORY 5-YEAR PLAN
(Nondiscretionary Projects)
Page 4
Proposed Estimated
Total 2013 and Current Revised Project Cost Proposed
Project Prior Yr.Actual Budget Budget To-Date Budget
Budget Actuals 2014 2015 2015 2015 2016 2017 2018 2019
CAPITAL IMPROVEMENT PROJECTS
Facilities:
General Government Facilities:
11011 Town Hall Acquisition 3,200,000$ -$ 5,822$ -$ 27,000$ 32,822$ -$ -$ -$ -$
11012 Town Hall Tenant Finish - - - 2,520,000 - - - - - -
New Short-term Loan to Fire District 750,000 - - - 750,000 750,000 - - - -
Joint Public Safety Facility Project:
New Design 270,000 - - - 270,000 270,000 - - - -
Transit / PW Facilities Improvement Project:
13005 Public Works Improvements, (On-site and Lot 5)719,474 585,773 77,212 - 56,489 719,474 - - - -
13009 Transit Facility Construction (Grant #90)8,281,888 8,487,601 30,065 - - 8,517,666 - - - -
Public Works Facilities
13012 Cinder De-icer Storage 200,000 - - - - - - - - 200,000
13013 Large Vehicle Storage 100,000 - - - - - - - - 100,000
Transportation Facilities
14010 Fleet Maintenance EPDM Roof Replacement 80,000 - - - - - 80,000 - - -
14013 Transit Bus Stop Improvements 75,000 - - - - - - - 75,000 -
14011 Transit Bus Shelters 250,000 - - 125,000 250,000 250,000 - - - -
14012 Transit Bus Stop - Traer Creek Plaza 60,000 - 4,490 60,000 55,510 60,000 - - - -
Cultural and Recreational Facilities:-
15009 Recreation Center - Locker Room Remodel 120,000 - 106,673 - - 106,673 - - - -
15010 Recreation Center Remodel - Yoga Studio and Weight 80,000 - 62,207 - 17,793 80,000 - - - -
15012 Nottingham Park Pavilion 3,870,000 - 2,724,284 - 1,145,716 3,870,000 - - - -
New Recreation Center Exterior Renovation 45,000 - - - 45,000 45,000 - - - -
New Recreation Center - Remodel - Phase 2 92,000 - - - 92,000 92,000 - - - -
New Recreation Center - Bouldering Wall 50,000 - - - 50,000 50,000 - - - -
New Recreation Center - Slide Refurbishment 59,000 - - - 59,000 59,000 - - - -
Land and Land Improvements:
H.A. Nottingham Park Improvements
21016 Nottingham Park Zone C Improvements - Playground 1,075,000 - 3,966 - 75,000 78,966 1,000,000 - - -
21017 Nottingham Park - Remodel Restrooms 275,000 - - - - - - 275,000 - -
21018 Nottingham Park Athletic Field Drainage Improvements 70,000 - 70,000 - - 70,000 - - - -
21019 Upper Athletic Field Replacement 350,000 - - - - - - 350,000 - -
New Fishing Pier Repairs 75,000 - - - 75,000 75,000 - - - -
Projected
TOWN OF AVON
CAPITAL PROJECTS INVENTORY 5-YEAR PLAN
(Nondiscretionary Projects)
Page 5
Proposed Estimated
Total 2013 and Current Revised Project Cost Proposed
Project Prior Yr.Actual Budget Budget To-Date Budget
Budget Actuals 2014 2015 2015 2015 2016 2017 2018 2019
CAPITAL IMPROVEMENT PROJECTS
Projected
Roads and Streets:
Streetscape Improvements
31014 Avon Rd. Streetscape Update 484,000 - 242,052 300,000 10,000 252,052 - - - -
31015 2014 Mall Improvements 1,992,703 - 1,789,645 - 203,058 1,992,703 - - - -
31018 Post Blvd. Landscaping Improvements 368,000 - 308,986 - 30,000 338,986 30,000 - - -
31019 Post Blvd. Electrical Assessment and Street Lights 78,000 - 44,401 - 33,599 78,000 - - - -
31020 Avon Rd. Street Lights 200,000 - 165,753 - - 165,753 - - - -
31022 Avon Rd./I70 Overpass Pedestrian Improvements 100,000 - - - - - 100,000 - - -
31024 Roundabout #4 TCW Art Element 250,000 - - - - - 250,000 - - -
32017 Metcalf Road - Retaining Wall Stabilization 100,000 - - - - - - 100,000 - -
New 2015 Avon Rd. Landscaping Project 485,000 - - - 485,000 485,000 - - - -
35003 Roundabout #4 TCW Feature 60,000 - 75,343 - - 75,343 - - - -
Street Improvements:
Annual Paving/Road Improvements N/A - 740,622 2,081,679 2,081,679 NA 998,378 626,143 500,000 250,000
32015 US Hwy 6 Shoulder Widening Contribution 50,000 - 50,000 - - 50,000 - - - -
34024 B/C Blvd. Bike Lanes 35,000 - - - 35,000 35,000 - - - -
32017 Metcalf Road Bike Climbing Lane - Phase 2 500,000 - - - 500,000 500,000 - - - -
Multi-Modal/Alternative Mobility:
34017 Eagle Valley Trails Phase 1 (Grant Funded)561,000 - 556,525 - - 556,525 - - - -
34023 Eagle Valley Trails Phase 2 (Grant Funded)522,000 - 469,146 - - 469,146 - - - -
34015 Eagle Valley Trails Phase 3 (CDOT Funded)3,050,000 - 10,341 - 39,659 50,000 3,000,000 - - -
34016 Eagle Valley Trails Undergrounding Project (CEF)100,000 - - - - - 100,000 - - -
Recreational Trails Program:
34019 West Avon Preserve Trail Improvements 157,626 - 159,455 - - 159,455 - - - -
34021 Nottingham Trail-Buck Creek Trail connector 50,000 - - - - - - 50,000 - -
34022 Buck Creek Trail Improvements 150,000 - - - - - - - 150,000 -
Water Fund Projects
61010 Nottingham Lake Liner Replacement 1,300,000 1,160,465 157,674 - - 1,318,139 - - - -
21020 Pump House Pump Replacement 100,000 - 3,832 - - 3,832 100,000 - - -
Communications and Technology
e-Gov.:
81008 Digital Ticketing 60,000 - - - 60,000 60,000 - - - -
81009 CityVision Budgeting and BPM Software 40,000 - 39,453 - - 39,453 - - - -
81010 Timekeeping Software and Peripheral Devices 35,000 - 24,762 - 10,238 35,000 - - - -
TOWN OF AVON
CAPITAL PROJECTS INVENTORY 5-YEAR PLAN
(Nondiscretionary Projects)
Page 6
Proposed Estimated
Total 2013 and Current Revised Project Cost Proposed
Project Prior Yr.Actual Budget Budget To-Date Budget
Budget Actuals 2014 2015 2015 2015 2016 2017 2018 2019
CAPITAL IMPROVEMENT PROJECTS
Projected
Strategic Planning
Planning and Consulting:
79110 Recreation Center Expansion: Exhibits and Displays 5,000 - 5,000 - - 5,000 - - - -
New Space Needs Analysis 30,000 - - - 30,000 30,000 - - - -
Total Capital Improvement Projects 31,010,691$ 10,233,839$ 7,927,709$ 5,086,679$ 6,486,741$ 21,825,988$ 5,658,378$ 1,401,143$ 725,000$ 550,000$
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, MAY 12, 2015
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:14 p.m. A roll call was taken and Council members present
were Sarah Smith Hymes, Scott Prince, Matt Gennett, Buz Reynolds and Megan Burch. Also present were
Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Executive
Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. Mayor Pro Tem Wolf appeared
remotely.
2. APPROVAL OF AGENDA
Mayor Fancher asked to move the 2015 Summer Recreation Programs and Summer Events to follow
action items 4.5 and 4.6. Town Attorney Eric Heil asked to add two executive items. Council agreed to
the change.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No comments were made.
4. ACTION ITEMS
4.1. PUBLIC HEARING AMPLIFIED SOUND PERMIT APPLICATION FOR REDS, WHITES & BREWS
(TOWN CLERK DEBBIE HOPPE)
Mayor Fancher opened the Public Hearing, no comments were made. Councilor Burch moved to
approve the Amplified Sound Permit Application for Reds, Whites & Brews; Councilor Gennett
seconded the motion and it passed unanimously by those present.
4.2. CONTINUED PUBLIC HEARING ON A MINOR PUD AMENDMENT FOR LOTS 38 & 39, BLOCK 4, WILDRIDGE
SUBDIVISION (PLANNING MANAGER MATT PIELSTICKER)
Councilor Reynolds and Councilor Prince stepped down due to a conflict of interest. Mayor Fancher opened
the Public Hearing, Bobby Ladd, Scott Rella and Dr. Richard McGuire commented. Councilor Gennett moved
to deny a Minor PUD Amendment for Lots 38 & 39, Block 4, Wildridge Subdivision as presented by staff;
Councilor Smith Hymes seconded the motion and it passed 3 to 1 vote. Mayor Fancher voted no. Councilor
Prince and Councilor Reynolds recused themselves.
4.3. PUBLIC HEARING FIRST READING OF ORDINANCE NO. 15-06, A REZONING OF LOT B, AVON CENTER
SUBDIVISION, FROM PUD TO TOWN CENTER (TC) ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER)
Councilor Prince and Councilor Reynolds returned to the meeting. Mayor Fancher opened the Public
Hearing, no comments were made. Councilor Burch moved to approve First Reading of Ordinance No.
15-06, A Rezoning of Lot B, Avon Center Subdivision, from PUD to Town Center (TC) Zone District;
Councilor Prince seconded the motion and it passes unanimously by those present.
4.4. DIRECTION ON LOT B DEVELOPMENT CONCEPT FOR HOTEL PROJECT WITH NO RETAIL USES
(PLANNING MANAGER MATT PIELSTICKER)
Avon Council Meeting 5-12-2015 Minutes Page 1
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, MAY 12, 2015
AVON TOWN HALL, ONE LAKE STREET
4.5. APPROVAL TO HOLD DATE FOR AUGUST 2016 JAZZ FESTIVAL
(CARLOS MERCADO–NY@MX PRODUCTIONS)
Mayor Fancher opened the discussion for comment. Kathy Ryan commented. Councilor Smith Hymes
moved to reserve the dates of August 19-21, 2016 to potentially host an Avon Jazz Festival produced by
NY@MX Productions. The dates will be held through January 31, 2016. Councilor Gennett seconded the
motion and it passes unanimously by those present.
4.6. ACTION ON REQUEST FOR JULY 29, 2015, DATE AND FUNDING OF THE VAIL INTERNATIONAL DANCE F ESTIVAL,
“DANCING IN THE PARK” (MIKE IMHOFF – VAIL VALLEY FOUNDATION)
Councilor Burch moved to approve the date of July 29, 2015, for Dancing in the Park, and funding in the
amount of $20,000 to the Vail Valley Foundation, producer of the event. Funding is approved from the
General Fund’s Special Events Assigned Fund Balance. Councilor Reynolds seconded the motion and it
passed unanimously by those present.
4.7. RESOLUTION NO. 15-11, E STABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF MOBILE VENDOR CARTS
IN THE AVON COMMERCIAL CORE AND HARRY A. NOTTINGHAM PARK (TOWN MANAGER VIRGINIA E GGER)
Councilor Gennett moved to approve Resolution No. 15-11, Establishing the Locations and Maximum
Number of Mobile Vendor Carts in the Avon Commercial Core and Harry A. Nottingham Park; Councilor
Reynolds seconded the motion and it passes unanimously by those present.
4.8. MINUTES FROM APRIL 28, 2015 MEETING (TOWN CLERK DEBBIE HOPPE)
Councilor Reynolds moved to approve the Minutes from April 28, 2015; Councilor Gennett seconded the
motion and it passed unanimously by those present.
5. WORK SESSION
5.1. DIRECTION ON PROPOSED SOUND AND LIQUOR PERMIT CHANGES FOR THE PAVILION & MAIN STREET M ALL
(FESTIVALS & SPECIAL EVENTS DIRECTOR DANITA DEMPSEY & DIRECTOR OF ECONOMIC INITIATIVES SUSAN
FAIRWEATHER)
5.2. PRESENTATION OF 2015 SUMMER RECREATION P ROGRAMS & SUMMER EVENTS
(DIRECTOR OF RECREATION JOHN CURUTCHET & DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA
DEMPSEY)
Mayor Fancher opened the discussion for comment. Sarah Straub, Kathy Ryan and John LaConte
commented.
6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
7. MAYOR & COUNCIL COMMENTS
8. WRITTEN REPORTS
8.1. AVON POLICE DEPARTMENT FIRST QUARTER REPORT (POLICE CHIEF BOB TICER)
Avon Council Meeting 5-12-2015 Minutes Page 2
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, MAY 12, 2015
AVON TOWN HALL, ONE LAKE STREET
9. EXECUTIVE SESSION, IF NEEDED (THIS SESSION IS NOT OPEN TO THE PUBLIC)
9.1. For discussion of a personnel matter under C.R.S. §24-6-402(2)(f) concerning the Town Manager
annual performance review.
9.2. For a conference with the Town Attorney for the purpose of receiving legal advice concerning the
Town Manager inquiry under C.R.S. §24-6-402(2)(b).
Mayor Fancher moved to meet in Executive Session for the purpose of discussion of a personnel matter
under C.R.S. §24-6-402(2)(f) concerning the Town Manager annual performance review.
For a conference with the Town Attorney for the purpose of receiving legal advice concerning the Town
Manager inquiry under C.R.S. §24-6-402(2)(b).
The time was 9:00 p.m.
Council moved to revise the performance evaluation schedule for Town Manager Virginia Egger to
November.
Council reconvened into regular session at 9:40 p.m.
10. ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 9:45 p.m.
RESPECTFULLY SUBMITTED:
_________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Albert “Buz” Reynolds ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ________________________________
Avon Council Meeting 5-12-2015 Minutes Page 3
TOWN COUNCIL REPORT
To: Honorable Jennie Fancher and Town Council
From: Robert L. Ticer, Chief of Police
Date: May 26, 2015
Agenda Topic: Study Session on Avon Police 2015 1st quarter report, Department Patrol Philosophy
On May 12th, 2015, Chief Ticer submitted the 2015 1st quarterly report to Avon Town Council for review
prior to this study session. During this study session, the Chief will be available to discuss this report
and provide an interactive briefing about the Avon Police Department’s Community Policing
Philosophy.
The Avon Police Department provides service to the community through their focus on the
Department’s Mission Statement, Goals, and Values. The following are guiding principles that govern
the Community Policing Philosophy of the Avon Police Department, of which each employee is
committed to. The Mission, Goals, and Values of the Department were developed in 2010 by
consensus of the police employees.
Mission Statement
Make A Difference
Goals
Through our service and community partnerships we are focused on education, crime
reduction/deterrence, and traffic safety.
Values
Courage. We demonstrate moral and physical courage in the performance of our duties.
Outstanding Leadership. We will lead by example and serve as role models to the community in
choosing to do the right thing for the right reason.
Unsurpassed Integrity. We are honest and truthful, recognizing integrity is the cornerstone of our
department.
Respect. We believe in treating all people with respect and dignity.
Teamwork. We respect and cooperate with fellow employees, other agencies, and the community to
identify and achieve common goals.
Empathy. While we will always take enforcement action where necessary, we accept the
responsibility to empathize with others and protect the rights of all.
Openness. We share factual information in a timely manner through various mediums both internally
and externally.
Uncompromising Honor. We are proud of our profession and pledge to do nothing to bring dishonor
to our community or department.
Sacrifice. We are committed to Service Above Self.
Overview of Patrol Operations
The Avon Police Department Patrol Division is the backbone of the Department. The Division is
divided into to two patrol teams of six officers and one sergeant responsible for coverage and
response in the Town 24 hours per day, 7 days per week. The sergeants report to the Deputy Chief of
Police. The teams are broken further into day and night shifts, which consist of 3 officers assigned to
each time period. The sergeants are flexible and rotate between days and nights, depending upon
coverage needs and other operational duties to maximize service during times of high call volume.
The Avon Police Department and Patrol Division have three goals: Community Education, Crime
Reduction/Deterrence, and Traffic Safety. Each Avon Police Officer is focused on these goals and
Making a Difference positively in the community. Patrol Division is responsible for the following: First
responders to community emergencies; criminal investigations; general patrol; traffic enforcement;
traffic crash investigations; response to 911 emergency calls; response to non-emergency calls for
service, staffing special events; and other duties as assigned.
Several strategies for patrol operations are utilized, such as the Data Driven Approach to Crime and
Traffic Safety (DDACTS), which is an evidence-based problem solving approach that includes the
following seven guiding principles: 1. Partners and stakeholder’s input. 2. Data collection. 3. Data
analysis. 4. Strategic operations. 5. Information sharing and outreach. 6. Monitoring, evaluation,
and adjustments. 7. Outcomes. Additionally, officers are deployed to specific locations through
directed patrol for problem solving based upon community input/complaints such as speeding and
traffic or requests for extra patrols based upon specific crime trends.
During patrol operations, officers utilize a variety of strategies throughout each geographic area of
the Town of Avon. These include mobile patrol, where the officers can utilize moving radar for traffic
enforcement and deter crime through high visibility. Secondly, officers park in areas with high visibility
to operate station radar and deter traffic offenses and crime. While stationary, officers are available
to the public to provide general assistance/information. Thirdly, officers interact with the public
during foot patrols and bicycles patrols, which often contribute to positive community contacts.
In addition to general community policing by the patrol teams, the detectives and chief assist in patrol
coverage and augment staffing as necessary. The Avon Police Department participates in the Gore
Range DUI Task Force, which is a regional law enforcement response to reduce impaired driving in the
local communities. This program along with the National Click it or Ticket campaign to increase seat
belt usage are funded through state grants.
Reducing impaired driving and increasing seat belt usage through year-round education and
enforcement are tried and true methods for reducing traffic fatalities and injury related traffic crashes.
Seat belt enforcement became a Town of Avon focus beginning in 2011 with the unanimous passage of
a primary enforcement law by the Avon Town Council. Prior to the enactment of the ordinance the
town’s seat belt usage rate was around 80%. Seat belt enforcement was not a priority within the
Police Department prior to the passage of the ordinance. Through education and enforcement, the
town has seen usage rates during surveys as high as 96% in 2013. The latest survey on May 6, 2015 of
400 vehicles in Avon indicated a seat belt usage rate of 89.75%.
Avon Police Officers are effectively trained and equipped for their work. The Department conducts
quarterly trainings and focuses on specific trainings to continuously improve the level of expertise in
the Department. Avon Police Patrol Officers drive fully-marked Chevrolet Tahoes that are equipped
with mobile data computers and cellular telephones. Officers are able to write reports from their
vehicles, which ensure high visibility in the community. When community members see Avon Officers
parked in the community, the officers are often completing reports or utilizing the cell phone. These
technologies allow officers to remain mobile, which ensures rapid response to emergencies. In fact,
Avon Police response times to emergencies averages between 2 and 4 minutes, which is significantly
quicker than the national average of 10-11 minutes.
The Avon Police Department measures success through the performance metrics which consists of
the following: 1. Community Survey. 2. Internal survey (bi-annual ethics survey). 3. Crime and traffic
statistics analysis. 4. Police response times. The community survey is pending; however the police
department receives community input through a variety of means including day to day community
interactions; complaint/compliments; and through channels such as the Citizens Police Academy and
Latino Citizens Police Academy. The results of the anonymous internal surveys over the last several
years indicate a team of satisfied, ethical, and highly trained professionals. The results of the Town of
Avon internal survey rated the Police Department at the highest of any department for how each is
viewed by town employees.
Through high visibility patrols and intelligence led policing, the Avon Police Department has seen many
positive trends and decreases in crime and traffic crashes over the last several years. Total crime,
assaults, theft, robbery, burglary, vehicle theft, vandalism, and traffic crashes, have been at all-time
lows recently.
Traffic enforcement has remained a priority in the Division for a dual purpose: One, to reduce/deter
crime and two, to improve traffic safety. Officers remain visible in their patrols and stop on average
11.7 traffic violators per day and issue 2.2 traffic citations during these contacts. Officer use excellent
judgment and discretion during these contacts with a goal to improve drive safety by exercising
appropriate and reasonable decision making. Using the data driven model and intelligence led
policing, officers focus on locations in town for patrol as first priority where the highest number of
calls for service, highest number of traffic crashes, and most serious-life threatening calls are located.
These areas are the core of Avon, Interstate 70, and East Avon. Additional Patrols are directed in
Wildridge and West Avon.
Success: The Avon Police Department’s Patrol Division, in partnership with the community, have
achieved over the last several years efficiency in policing, increased partnerships, lower crime,
improved traffic safety, minimal complaints, positive compliments, and community buy-in.
Additionally, many professional organizations have recognized the Department for their professional
work including, Mothers Against Drunk Driving; Colorado Department of Transportation; the National
Highway Traffic Safety Administration, Colorado Association of Chiefs of Police, and the International
Association of Chiefs of Police who awarded the Department with the prestigious Civil Rights Award
for positive work in the immigrant community.
Moving Forward: The Avon Police Department, through the aforementioned programs and strategies
and through direction of the Town/Community leaders, will continue to improve. The Department is
implementing additional strategies to further improve their community policing model and efficiencies
through crime mapping technologies, country wide electronic citations, and evaluation of officer
proactive times.
Respectfully Submitted,
Robert L. Ticer
Chief of Police
TOWN COUNCIL REPORT
To: Honorable Jennie Fancher and Town Council
From: Robert L. Ticer, Chief of Police
Date: May 26, 2015
Agenda Topic: Implementation of Police Body Worn Cameras Program
Body worn cameras (BWC) are a new and emerging technology in law enforcement. Prior to this
technology, in-car cameras and audio recording devices were, and are, common technology used in
law enforcement agencies. The Avon Police Department has utilized an in-car camera system in their
police sedan for years. The Department also utilizes audio and video recording in each of the
Department’s two interview rooms.
In 2014, the Police Department began wear testing several BWC systems for future use within the
Department and budgeted for this technology in the 2015 Avon budget. In addition to the wear
testing, the Department is finalizing a policy based upon the model policy of the International
Association of Chiefs of Police, Department of Justice, policies from other major law enforcement
agencies, and input from the District Attorney, Avon Town Manager, and Avon Town Attorney for the
use of BWC systems, including but not limited to the activation, training, recording, storage, access to
footage, and public records responsibilities. Secondly, the Police Department worked with Avon
Information Technology (IT) to determine whether storage for digital media should occur within the
Town’s system or within the vendor’s secure IT cloud. The decision to store the data on the secure
cloud was determined to be the best solution.
Benefits
• BWC promote transparency in law enforcement.
• BWC capture law enforcement/community interactions, not just traffic enforcement.
• BWC capture important evidentiary data for use in prosecution of criminal and civil complaints,
such as Driving Under the Influence.
• Research has shown that citizen’s complaints have been significantly reduced when officers
utilize BWC systems.
• All sworn Avon Police Officers will utilize the BWC system.
Implementation and Schedule
The Police Department selected Taser Technology as the vendor for the BWC system after significant
wear testing and analysis of multiple systems. This product has been successful in many major U.S.
law enforcement agencies.
The Avon Police Department believes that it is important to notice the community prior to full
implementation of the BWC program through presentation during Town Council, written press
releases, and social media. Additionally, the public is welcome to interact with officers and learn how
this system is utilized. The following is the proposed schedule for this project:
• May 11, 2015. Cameras ordered from Taser.
• May 22, 2015. Press Release that Town Council will be briefed at its meeting on May 26th about
the Department adding body cameras to its equipment.
• May 25, 2015. Receive delivery of cameras.
• May 26, 2015. Town Council briefed on BWC Program.
• June 1, 2015. Town Manager writes column in Vail Daily Column about BWC Program.
• June 1, 2015. Press Release on BWC program.
• June 2015. Officers attend virtual training for BWC use, mid-June.
• June 2015. Open House to showcase BWC Program.
• July 2015. Implement program in stages beginning second week of July, 2015.
Projected Costs
Actual 2015 costs for the BWC program are less than anticipated in the adopted 2015 budget, and has
been adjusted to $12,404, which includes cameras, hardware, licensing, data storage, and shipping.
The actual costs versus budget estimate are a savings of $990.0. Projected annual costs for licensing
and data storage are $4,000, which has been estimated in the 2016 projected budget.
Respectfully Submitted,
Robert L. Ticer
Chief of Police
TOWN COUNCIL REPORT
To: Mayor & Town Council
From: Robert L. Ticer, Chief of Police
Date: May 12, 2015
Re: Avon Police Department 2015 First Quarter Report
Department Overview
The Avon Police Department is a full-service municipal law enforcement agency responsible for 24/7 service to the Town of Avon,
with a population of 6410, as of 2013 U.S Census Bureau estimates. The Department consists of eighteen (18) sworn police officers
and two (2) non-sworn employees. The 2015 Avon Police Department adopted budget is $2,992,877, which is 18.63% of the Town’s
budget. Avon Police employees focus attention to the Department’s Mission Statement and Goals on a day-to-day basis to ensure the
safety and security of residents and visitors in the community.
Administration of the Department
The Police Department is administered by the Police Chief, and is assisted by a Deputy Chief and three (3) Sergeants. Each Patrol
Sergeant oversees six (6) police officers, while the Detective Sergeant supervises the detective and major programs such as Police
Training. The twelve (12) Patrol Officers and two (2) Patrol Sergeants work 11.5 hour shifts.
Avon Police Department Organization Chart
Quarterly Reporting of Crime and Traffic Statistics:
The Avon Police Department is committed to reducing crime and improving traffic/community safety through community
partnerships, education, and by enforcement of laws. The Department has been capturing known data since 1997, which is available
for analysis and is used for strategic planning. Additionally, the data is used to identify when and where crimes and crashes are
occurring and to efficiently and effectively deploy officers to further deter/reduce crime and improve traffic safety. Some crime is
random, but utilizing data and identifying areas of concern allow the most efficient use of personnel to improve community safety.
This document contains year-to-year historical crime reporting and traffic data, which highlights highs and lows in activity. There are
many variables that contribute to crime and traffic crashes: such as weather, staffing, philosophy, prioritization, special events,
population, economy, etc. Secondly, this memorandum contains current 2015 1st quarter crime/traffic data as compared to the 1st
quarters of 2013 and 2014. Lastly, additional programs and community projects that the Police Department is working on is
documented.
Year-to-Year Crime/Traffic Reporting
The Police Department captures a wide variety of data and statistics for a variety of reasons. First, crime data is sent to the FBI for
documentation in the Uniformed Crime Report (UCR). The FBI uses this information to produce a crime index for each community
that voluntarily submits crime information. The latest index available is from 2012 and lists the Avon UCR Index at 145.6, which is
less than half of the national average of 298.9. This is an excellent indicator of low crime rates in the Town of Avon. Between 2009
and through the current data available, Avon has had the lowest UCR Indexes dating back to 2001. Additionally, the Police
Department compares statistical data against the Annual Benchmark Cities Survey, which is a nearly two decade long comparative
police performance analytics. Thirty (30) law enforcement agencies from throughout the country participate in this survey including
Boulder, Ft. Collins, and Lakewood, Colorado. The latest available annual data for this national survey is 2013.
http://www.opkansas.org/maps-and-stats/benchmark-cities-survey/
The yellow and red highlights in the table below indicate high and low ranges of the historical period. The larceny category includes
shoplifting cases and has shifted year-to-year depending upon staffing of safety and loss departments at local retailers. Reporting
procedures changed in 2004, therefore, data for total reports and calls for service are most accurate for comparison purposes moving
forward to today’s data.
Avon Police Department
1997-2014 Activity Statistics
1999* 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Total Crimes Reported 1015 965 1153 1119 1101 1310 1191 1330 1438 1227 869 786 908 613 667 912
Group A Crimes (1) 498 498 620 632 495 585 553 592 571 562 438 368 440 372 313 388
Group B Crimes (2) 517 467 533 487 606 725 638 738 867 665 431 418 468 241 354 524
Clearance Rate .33 .62 .56 .40 .43 .52 .42 .35 .49 .41 .43 .43 .48 .59 .44 .40
Total Reports 3880 4529 5223 5544 5325 3947* 1284 1406 1453 1338 952 897 1111 1015 925 912
Calls for Service 2787 3214 3608 4294 19819 21250 21215 19359 13364 14382 16905 16213 13829 16909
Traffic Accidents 282 310 330 307 270 187 221 213 204 253 177 170 161 142 174 148
Traffic Accidents ETOH/Drug 0 7 14 16 14 6 8 7 10 12
Total Arrests 385 452 526 533 500 595 477 568 722 607 366 334 384 450 435 501
Adult Arrests 325 402 453 472 443 520 421 512 654 549 350 291 363 419 413 478
Juvenile Arrests 42 50 73 61 57 75 56 56 68 58 16 43 21 31 21 23
Felony Arrests 87 83 117 86 70 39 71 88 54 50
Sexual Offenses 4 8 7 11 9 8 6 6 2 4 6 6 12 12 4 10
Robbery 3 5 3 2 5 2 1 1 0 0 0 2
Burglary 19 36 61 45 41 37 30 47 33 41 38 28 24 9 11 12
Larceny 158 173 204 231 166 175 184 198 164 155 153 149 160 87 129 159
Motor Vehicle Theft 6 14 16 20 15 15 22 15 13 17 7 9 4 1 4 6
Assault 65 71 93 77 90 101 85 78 90 74 42 48 41 37 36 45
Arson 0 0 4 4 3 1 2 1 0 0 0 0 2 1 1 3
Forgery/Counterfeiting 9 20 35 18 17 24 20 24 29 38 25 9 5 5 4 9
Fraud 34 42 51 33 21 43 37 49 42 48 32 20 17 28 32 27
Vandalism 61 78 96 118 69 74 117 110 104 117 94 54 64 51 72 69
Weapon Offense 5 9 2 6 3 7 4 8 6 9 1 1 3 4 0 6
Narcotics 31 39 41 67 55 85 34 43 80 50 36 41 101 135 15 36
DUI 70 76 69 85 123 169 95 105 154 153 93 78 118 89 105 150
Liquor Laws what is this 24 93 96 87 106 49 48 61 52 37 17 31 25 23 23 16
Disorderly Conduct 31 46 33 23 61 47 39 61 59 42 25 26 30 33 24 19
Domestic Violence 31 54 53 42 42 75 70 88 84 64 30 40 41 38 55 37
Traffic Stops 2477 2115 2039 1553 1765** 1193* 1227 1894 2055 2126 2383 2860 4691 4299 3283 4302
Traffic Warnings 791 1169 1143 1098 1434 1811 3101 2523 2371 3275
Traffic Summons
Speeding
Avon
682 495 555 443 569 397 278 554
237
142
614
233
70
772
340
80
663
312
57
782
393
63
1192
379
31
961
275
16
701
118
5
820
169
14
Wildridge
WBC BL
EBC BL
Swift
I 70
Metcalf
Nottingham
9
17
16
3
5
24
7
11
19
9
5
91
16
11
1
49
33
6
139
21
8
8
101
35
13
36
9
44
15
86
31
7
147
22
19
2
46
7
6
265
3
17
3
36
6
13
191
1
7
2
9
6
2
85
3
4
4
22
5
2
103
7
7
Safety Belt Tickets 25 0 86 410 407 365 316
Child Safety Seats Tickets 2 2 8 3 7 1 5
Criminal Summons 266 320 329 291 293 91*
Odor Complaints N/A 28 30 3 2 2 0 0 0 0 0 0 0
Animal Control Warnings 66 30 20 25 33 19 12 10 28
Animal Control Summonses N/A 35 32 12 22 20 22 38 34 13 27 9 6 7 11 3
Wildlife Protection Ordinance
(CFS)
N/A N/A N/A N/A N/A 4 189 136 103 62 55 23 11 40 3 29
Wildlife Protection Ordinance
Summonses
N/A N/A N/A N/A N/A 0 15 16 20 0 7 0 0 2 0 1
Bear Calls N/A N/A N/A N/A N/A 120 24 32 106 16 108 38 35 131 18 60
Smoking Violation
Summonses
N/A N/A N/A N/A N/A N/A N/A 7 7 2 0 0 0 0 0 0
Smoking Violation Warnings 4 3 4 0 0 0 0 0 0
January 1-December 31, 2014
(1) Group A crimes include: Homicide, Kidnapping/Abduction, Robbery, Assault, Arson, Extortion, Burglary, Larceny/Theft, Motor Vehicle Theft, Counterfeiting,
Fraud, Embezzlement, Stolen Property, Vandalism, Drug/Narcotic Offenses, Sex Offenses, Pornography/Obscene, Gambling Offense, Prostitution, Bribery
and Weapon Violations.
(2) Group B crimes include: Bad Checks, Curfew/Loitering, Disorderly Conduct, DUI, Family Offenses, Liquor Law Violations, Peeping Tom, Runaway and
Trespass.
1997 Traffic Stops June 20-December 31, 1997
2003 Traffic Stops January 1-December 28, 2003
Crime/Traffic Statistics and Calls for Service:
During the 1st quarter of 2015, Vail Public Safety Communication Center dispatched 1,121 calls for service to the Avon Police
Department. In addition to these calls, officers logged 3,096 self-initiated calls for service, which include traffic stops, building
checks, foot patrols, extra patrols as requested by community members, community contacts, etc.
The Benchmark Cities Survey shows that the average number of annual calls for service per 1,000 citizens is 473.1. Calls for service
in Avon have been significantly higher over the last three years at 691 in 2012, 619 in 2013, and 652 in 2014. This indicates that the
Avon Police Department is busier than the average law enforcement agency in response requests, which may be an indicator of public
trust. Community members call when they need assistance, whether emergent or not.
The Police Department, as part of the annual performance matrix, measures response times to calls for service. These times are
documented and calculated through the Vail Public Safety Communications Center. Calls for service are broken into four priorities,
which are:
Priority 1: Life or property in immediate threat or just occurred. Units respond immediately, lights and sirens.
Priority 2: Respond promptly, no lights and sirens necessary.
Priority 3: Normal everyday calls for service, needs to be handled in a timely manner.
Priority 4: Calls can be held for a period of time.
The Annual Benchmark Cities Survey indicates that the average response time for Priority 1 responses is 5:55 for the thirty (30)
agencies surveyed. The survey does not break down Priority 1 or 2 as does the Vail Public Safety Communications Center; however,
the Avon Police Department’s response times for emergency calls (Priority 1 and 2) are significantly less than the survey average.
Avon Police Department Response Times:
2012
P1 – 0:00:00 (No priority 1 events)
P2 – 0:03:39
P3 – 0:08:08
P4 – 0:08:56
2013
P1 – 0:03:53 (2 Priority 1 events)
P2 – 0:03:53
P3 – 0:11:38
P4 – 0:09:18
2014
Priority 1 - 00:00:57 (2 Priority 1 events)
Priority 2 - 00:03:13
Priority 3 - 00:10:59
Priority 4 - 00:07:40
Crime Reporting/Incident Reports:
During the 1st quarter of 2015, the Police Department saw an increase in crime reporting and incident reports in comparison to the 1st
quarters of 2013 and 2014. February 2015 was very busy with the Alpine World Ski Championship, the Après Avon two-week
concert series, and the three-day Winter Wonder Grass Festival in Avon. Total reported crime for February increased 59%, and total
incident reports increased 29% when compared between 2015 and 2014.
Alcohol/Drugs:
Persons under the influence of alcohol and/or drugs continue to be a root cause of crime, especially in relation to crimes against
persons incidents and driving under the influence cases. Marijuana arrests have continued to decline substantially since the passage of
Amendment 64 by Colorado voters two years ago. Officers made 31% more DUI arrests in the first quarter of 2015 compared to the
1st quarter of 2014. DUI related crashes declined from 3 to 1 over the same quarterly comparison.
Arrests:
These arrest numbers include full custodial arrests, where the subject is booked into the Eagle County Detention Facility and summons
and releases for minor offenses. Due to the distance to the Detention Facility and current staffing levels, Avon Officers attempt to
summons and release when practical to ensure the Officers are within the town boundaries as much as possible. With increases in
reported crime, the Police Department has recorded arrests at higher rates than the previous two quarterly comparisons. For the 1st
quarter of 2015, officers arrested 43% more offenders than in 2014 and more than doubled the number of felony arrests over that time
period.
Property Crimes:
Property crimes have remained at historic lows over the last several years. For the 1st quarter of 2015, one burglary was reported with
a small increase in vandalism noted. Theft increased slightly from 2014; however, the Police Department has been very busy for the
last two years with calls for service at several of our large retailers due to active safety and loss prevention departments detaining
shoplifters and requesting prosecution.
In comparison to the Benchmark Cities Survey, the average annual number of burglaries per 1,000 residents is 5.1. Avon has seen an
annual average below 2 for each of the last three years.
In comparison to the Benchmark Cities Survey, the average annual number of auto thefts per 1,000 residents is two (2). Avon has
seen an annual average below one (1) for each of the last three years.
Crimes Against Persons:
There have been zero robberies reported for the 1st quarters of 2013-2015. There was one sexual assault reported during the 1st
quarter of 2015. Assaults and domestic violence were the same for the 1st quarter of 2015 as in 2014. These numbers were slightly
lower than 2013.
In comparison to the Benchmark Cities Survey, the average annual number of reported domestic violence per 1,000 residents is 6.2.
Avon has seen an annual average less than that number in 2012 and 2014, yet higher at 8.5 in 2013.
In comparison to the Benchmark Cities Survey, the average annual number of reported sexual assaults per 1,000 residents is .33.
Avon has seen a rate significantly higher than this average for each of the last three years at 1.8 in 2012, .62 in 2013, and 1.5 in 2014.
The Avon Police Department tracks clearance rates for the most serious crime. Some crime has high solve rates such as narcotic
arrests and assaults, while other crime like sexual assaults, burglaries, and theft have lesser solve rates. The Avon Police Department
has a clearance rate that is significantly higher than the Benchmark Cities Survey average. The Avon rate has declined over the last
two years, primarily because of less drug arrests as a result of the passage of Amendment 64 by Colorado voters.
Traffic Crashes:
Traffic Crashes have declined from 66 in 2013 to 53 in 2014 to 46 in 2015, for the 1st quarter. Of the 46 crashes in 2015, 5 involved
injuries and 1 involved an impaired driver. The majority of crashes occur on Interstate 70, Avon Road, Beaver Creek Boulevard, and
Beaver Creek Place. The Benchmark Cities Survey indicates that the crash rate for 1,000 citizens annually is 22.2. Factoring this
average would equate to 142 crashes in Avon annually. Avon recorded 142 crashes in 2012, 174 in 2013, and 148 in 2014. 2012 was
the lowest number of crashes on record for Avon.
15%
24%
24%
7%
4%
9%
9%
2%2%
4%
Traffic Crash Locations
First Quarter 2015
Interstate 70
Avon Road
Beaver Creek Blvd/Beaver
Creek Place
Metcalf/Nottingham
Wildridge
Post Blvd
Traffic Enforcement:
Traffic summonses for the 1st quarter of 2015 were nearly the same as in 2014 at 175 and 181, respectively. Officers gave 818
warnings to traffic offenders for the 1st quarter of 2015, which was an increase of 5% from the 1st quarter of 2014. Seat belt citations
declined for the 1st quarter of 2015 compared to the 1stt quarter of 2014 by 81% from 48 to 9.
The Benchmark Cities Survey lists the average number of annual traffic citations per 1,000 citizens at 167. In 2014, the Avon Police
Department issues 970 traffic citations/summons, which included 150 arrests for Driving Under the Influence (DUI). This annual
number is 151 citations per 1,000 citizens in Avon, which is below the survey data average.
Patrol Vehicle Usage and Annual Mileage:
The Police Department utilizes nine (9) black and white fully marked patrol vehicles for patrol operations. Each of the two Patrol
Sergeants is assigned a vehicle and the other seven (7) vehicles are shared between the 12 Patrol Officers. Of the nine (9) vehicles,
eight (8) are Chevrolet Tahoe and the other is a Chevrolet Caprice sedan. Annual mileage usage for these vehicles differed slightly
over the last three years in comparison due to staffing and calls for service. Using the formula of 14 sworn personnel assigned to
patrol operations, officers averaged 8,216 miles driven in 2014, 7,723 miles driven in 2013, and 7,304 miles driven in 2012. The
Department was fully staffed in 2014.
102260
7304
108133
7723
115073
8219
Total Mileage Average Per Officer/Sgt
Patrol Vehicle Mileage
Annual Comparison
2012 2013 2014
Community Policing Projects and Involvement:
• Kids, Cops, and Hoops Community Basketball Program.
• Eagle River Youth Coalition Partnership.
• Suicide Prevention Coalition of Eagle County (Speak up Reach out).
• Dinner and Dialogue Presentation on Youth Substance Abuse.
• Eagle County Law Enforcement Immigrant Advisory Committee.
• Presentation at Colorado Association of Chiefs of Police Marijuana Summit.
• Planning of the new Avon Public Safety building.
• Managing the Gore Range DUI Task Force grants.
Special Events:
• 2015 Alpine World Ski Championships. Incident Command, Tactical Command, Dignitary Protection, and community
presentations.
• Après Avon 2-week staffing.
• Winter Wondergrass Festival. Staffing/Incident Command.
• Scheduling and planning for end of summer citizen’s academy and Latino citizens academy,
Special Projects/Personnel/Training:
• End of Year department reports completed.
• Preparing and planning for 2015 Commission on Accreditation for Law Enforcement Agencies (CALEA) mock audit and full
audit moving the Department to full accreditation.
• Quarterly inspections and audits completed.
• Detective Sergeant Ken Dammen has announced his retirement for May 2015. Promotion and hiring planning begins.
• Quarterly Department Training completed.
• Bi-monthly Eagle County Special Operations Unit Training completed.
• Development and final research phase of body worn camera system program.
• Finalization of electronic citation/data system in partnership with multiple agencies through grant funding
Summary:
The Avon Police Department believes that every crime victim is a victim regardless of what the crime rate is. Recognizing
this, the Town of Avon has seen a community with low rates of crime and improved traffic safety. Reasons for these successes
are varied; however, it is apparent that high visibility patrol, efficient use of data to deploy officers efficiently and effectively,
and excellent community involvement/trust are significant factors.
This document is the first requested quarterly report for the current Avon Town Council and should be utilized to ask further
questions and provide additional ideas for community policing and problem solving to reduce crime and improve traffic safety.
FISCAL YEAR 2015
FINANCIAL REPORT
May 26, 2015
______________________________________________________________________________________
1. Fiscal Year 2015 Financial Report Cover Memo
2. Sales and Accommodations Tax Reports - March 2015
3. Real Estate Transfer Tax Report and Monthly Detail - April 2015
4. General Fund Year-To-Date Expenditures - April 2015
5. Fleet Maintenance Fund Year-To Date Expenditures - April 2015
6. Transit Fund Year-To Date Expenditures - April 2015
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Kelly Huitt, Budget Analyst
Date: May 20, 2015
Re: Fiscal Year 2015 Financial Report – March / April
Revenues:
SALES TAX
• Sales tax revenue for the month of March is up $82,197.57 or 10.36% compared to March 2014, and up
10.85% compared to the budget. This increase includes $51,955 from new businesses, and after adjusting for
new business growth, 3.81% is the gain in revenue from existing business for the month. Year-to-date sales
tax from new businesses makes up 47.12% of total year over year growth. March 2015 sales tax revenue is
the highest ever for the month of March.
• March collections are up compared to 2014 for most industries. Other businesses are up 54.66%,
Miscellaneous Retail is up 24.39%, and Service Related business is down –16.24% for March. These high year-
over-year increases can be partially attributed to response to education, outreach and collection efforts by
Town staff, stemming from the Wyndham project. The Other Business category is up 72.90% year to date;
many of the new businesses in this category are related to construction and mechanical contracting. The loss
in existing Service Related business growth correlates to an apparent decrease in sales from technology
services.
2014/2015 Growth Growth
Variance Existing Business New Business
Home/Garden (28.32)-15.47%15.40%
Grocery, Specialty, Health 9,137.85 5.08%0.58%
Liquor Stores 637.82 1.80%0.03%
Sporting Goods Retail/Rental 11,743.36 7.31%2.21%
Miscellaneous Retail 6,155.47 10.40%13.99%
Accommodations 13,986.14 5.97%2.20%
Restaurants/Bars 5,202.15 3.87%0.01%
Other 40,186.58 10.43%44.23%
Service Related (4,823.48)-23.77%7.53%
Total $82,197.57 3.81%6.55%
Category
Sales Tax Monthly Totals
ACCOMMODATIONS TAX
• Accommodations tax revenue for March is up $15,052.90, or 8.93% compared to March 2014, and up 9.54%
compared to the monthly budget.
• March accommodations tax collections are up for all lodging types. Vacation rentals increased 10.17%,
Timeshares rose 19.66%, and Hotels were up 5.16% for the month.
REAL ESTATE TRANSFER TAX
• 2015 real estate transfer tax collections for April equal $125,266.30. This is a -36.62% decrease from April
2014, and ($235,932) under the estimated monthly budget. Chapel square was purchased in February of
last year which added $490,000 to the total. If you remove this atypical transaction, 2015 year to date is
actually up 5.61% or $22,752 compared to 2014 collections.
Expenditures:
• General Fund expenditures through April 2015 total 36.93% of the revised budget totals. These
expenditures include the annual Cirsa insurance payment as well as payments for several of the community
grants.
• Fleet expenditures to date are at 36.69% of the total budget. These costs include stock parts and several
blanket purchase orders, which encumber funds for the year for ongoing expenditures such as regularly
purchased shop supplies and monthly copier charges.
• Transit funds are 39.23% expended compared to the annual budget. This includes encumbered funds for
the purchase of one of two buses scheduled for acquisition in 2015.
TOWN OF AVON
SALES TAX
2015 Actual vs. Budget
Budget YTD Collections Budget % of change
2010 2011 2012 2013 2014 2015 2015 Variance from 2014
January 515,009.18$ 511,040.76$ 519,784.89$ 677,943.78$ 638,863.27$ 636,040$ 765,195.68$ 129,155.19$ 19.77%
February 504,752.59 532,903.25 533,546.48 636,702.27 673,722.03 670,745 788,999.06 118,253.83$ 17.11%
March 620,937.20 665,532.70 643,910.29 720,267.31 793,301.96 789,797 875,499.53 85,702.73$ 10.36%
April 309,937.09 305,269.73 304,220.84 307,407.13 381,839.56 380,152
May 242,830.16 236,424.93 270,082.79 309,938.72 340,332.28 338,829
June 377,920.42 406,828.27 430,588.57 490,329.18 538,517.31 536,138
July 421,975.98 452,873.44 472,215.40 537,479.66 570,959.86 568,437
August 361,702.25 419,977.29 455,439.86 504,332.25 547,085.80 544,669
September 359,139.22 391,546.49 424,793.75 475,362.88 546,016.59 543,604
October 288,859.84 299,193.35 341,711.43 356,925.96 417,921.46 416,075
November 284,528.70 301,407.41 336,060.63 362,460.94 397,935.36 396,177
December 818,360.74 921,815.61 852,868.64 981,917.79 1,221,263.98 1,215,868
Total 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,036,531$ 2,429,694.27$ 333,111.74$ 15.38%
Actual Collections
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
2011 2012 2013 2014 2015
Year
Sales Tax Collections for March
TOWN OF AVON
SALES TAX
2015 Actual vs. Budget
$-
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
$1,500,000
$1,750,000
$2,000,000
$2,250,000
$2,500,000
2011 2012 2013 2014 2015
YTD Sales Tax Collections
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
Sales Tax Monthly Comparison 2013-2015
2013
2014
2015
TOWN OF AVON
ACCOMMODATIONS TAX
2015 Actual vs. Budget
Actual Collections Budget YTD Collections Budget % of change
2010 2011 2012 2013 2014 2015 2015 Variance 2014
January 87,938.84$ 85,233.73$ 90,118.88$ 108,508.43$ 129,851.78$ 129,125$ 164,361.04$ 35,236.35$ 26.58%
February 99,336.34 114,035.90 106,016.32 137,503.61 150,317.06 149,475 175,056.31 25,580.93 16.46%
March 105,518.15 122,145.16 115,043.42 153,208.80 168,597.39 167,653 183,650.29 15,996.94 8.93%
April 26,496.88 26,214.58 20,786.24 26,494.49 31,626.02 31,449
May 12,425.51 15,152.82 16,664.44 24,527.17 21,961.97 21,839
June 32,857.68 49,999.66 56,012.17 66,578.91 54,232.23 53,929
July 51,170.82 62,928.07 66,726.73 73,008.92 81,083.01 80,629
August 42,188.56 52,037.55 58,358.93 67,688.07 71,044.33 70,647
September 30,090.34 35,521.81 42,245.24 44,661.37 50,840.16 50,555
October 20,614.06 21,801.56 25,879.51 27,154.53 34,977.59 34,782
November 20,582.47 24,971.33 22,786.42 28,171.04 32,064.02 31,884
December 98,561.90 135,984.00 112,759.02 131,361.43 168,944.85 167,999
Total 627,781.55$ 746,026.17$ 733,397.32$ 888,866.77$ 995,540.41$ 989,966$ 523,067.64$ 76,814.22$ 16.56%
-
25,000.00
50,000.00
75,000.00
100,000.00
125,000.00
150,000.00
175,000.00
200,000.00
2011 2012 2013 2014 2015
Accommodations Tax Collections for March
Town of Avon
Real Estate Transfer Tax
2015 Actual vs. Budget
Budget YTD Collections $ change % of change
2010 2011 2012 2013 2014 2015 2015 2014 2014
January 237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 160,101$ 48,640.40$ (36,486.34)$ -42.86%
February 362,719.22 230,705.50 41,750.07 55,872.69 562,219.70 443,386 85,479.08 (476,740.62)$ -84.80%
March 284,243.65 187,099.47 84,760.49 125,927.64 50,375.06 259,114 168,744.22 118,369.16$ 234.98%
April 210,185.30 249,482.30 219,195.80 144,437.80 197,656.36 361,199 125,266.30 (72,390.06)$ -36.62%
May 112,431.30 187,668.62 270,170.12 121,784.12 183,745.60 309,844
June 66,271.14 49,606.58 169,040.47 90,309.74 220,009.15 210,586
July 63,509.36 46,707.37 71,057.40 386,434.78 141,051.52 250,748
August 88,823.40 106,785.21 232,505.93 97,579.70 154,032.32 240,477
September 159,861.96 140,876.56 96,389.34 157,010.67 267,886.92 290,820
October 222,575.20 64,005.33 176,889.62 169,839.80 178,044.24 287,044
November 115,654.16 98,057.44 150,549.86 112,491.82 122,582.66 212,036
December 236,117.45 198,448.03 145,134.57 83,382.60 1,598,062.92 799,958
Total 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 3,825,312$ 428,130.00$ (467,247.86)$ -52.18%
Budget 3,825,312.00
Variance, Favorable (Unfavorable)(3,397,182.00)$
Actual Collections
$-
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
$700,000.00
$800,000.00
$900,000.00
2011 2012 2013 2014 2015
YTD Real Estate Transfer Tax Collections
Dept./Div.2015 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
Legislative:
111 Mayor and Town Council 235,171$ -$ 68,347$ 166,824$ 29.06%
112 Boards and Commissions 15,299 - 3,551 11,748 23.21%
113 Town Attorney 155,000 107,216 45,551 2,233 98.56%
115 Town Clerk 124,747 14,359 36,890 73,498 41.08%
Total Legislative 530,217 121,575 154,339 254,303 52.04%
Judicial:
121 Municipal Court 100,234 13,333 29,400 57,501 42.63%
Executive:
131 Town Manager 353,069 111 109,383 243,575 31.01%
133 Community Relations 125,360 32 28,960 96,368 23.13%
Total Executive 478,429 143 138,343 339,943 28.95%
Finance Department:
132 Human Resources 220,886 4,885 68,575 147,426 33.26%
141 Finance 774,084 41,589 213,342 519,153 32.93%
143 Information Systems 385,028 25,123 138,228 221,677 42.43%
149 Nondepartmental 389,293 32,515 225,149 131,629 66.19%
Total Financial Administration 1,769,291 104,112 645,294 1,019,885 42.36%
Total General Government 2,878,171 239,163 967,376 1,671,632 41.92%
Community Development:
212 Planning 277,000 8,220 89,403 179,377 35.24%
213 Building Inspection 136,410 200 41,362 94,848 30.47%
214 Economic Development 215,144 - 43,896 171,248 20.40%
215 Town Produced Events 623,758 961 242,668 380,129 39.06%
216 Signature Event Seed Funding 5,000 - - 5,000 0.00%
217 Community Grants 197,850 - 107,440 90,410 54.30%
Total Community Development 1,455,162 9,381 524,769 921,012 36.71%
Police Department:
311 Administration 595,431 19,058 175,886 400,487 32.74%
312 Patrol 2,162,311 43,254 659,661 1,459,396 32.51%
313 Investigations 243,481 630 77,746 165,105 32.19%
Total Police 3,001,223 62,942 913,293 2,024,988 32.53%
Public Works:
412 Engineering 488,935 1,714 68,502 418,719 14.36%
413 Roads and Bridges 1,515,799 125,887 461,067 928,845 38.72%
418 Buildings & Facilities 1,121,795 159,594 338,192 624,009 44.37%
Total Public Works 3,126,529 287,195 867,761 1,971,573 36.94%
Department Expenditure Summaries
General Fund
April 2015 Expenditures to Date
Dept./Div.2015 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
Department Expenditure Summaries
General Fund
April 2015 Expenditures to Date
Parks and Recreation:
514 Administration 198,528 7,305 76,472 114,751 42.20%
515 Adult Programs 27,671 40 9,359 18,272 33.97%
516 Aquatics 436,309 8,746 146,759 280,804 35.64%
518 Fitness 138,344 26 82,574 55,744 59.71%
519 Guest Services 252,537 4,083 83,284 165,170 34.60%
521 Youth Programs 121,498 847 22,796 97,855 19.46%
522 Cabin 28,241 - 5,878 22,363 20.81%
551 Parks & Grounds 1,029,775 74,702 292,550 662,523 35.66%
Total Parks and Recreation 2,232,903 95,749 719,672 1,417,482 36.52%
TOTAL OPERATING EXPENDITURES 12,693,988$ 694,430$ 3,992,871$ 8,006,687 36.93%
Dept./Div.2015 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,698,851$ 63,274$ 560,049$ 1,075,528$ 36.69%
Total Operating Expenditures 1,698,851 63,274 560,049 1,075,528 36.69%
TOTAL EXPENDITURES 1,698,851$ 63,274$ 560,049$ 1,075,528$ 36.69%
Expenditure Summary
Fleet Maintenance Enterprise Fund
April 2015 Expenditures to Date
Dept./Div.2015 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 244,086$ 7,870$ 86,065$ 150,151$ 38.48%
432 Transit Operations 1,563,787 138,036 510,134 915,617 41.45%
435 Wash Bay 221,246 1,417 52,598 167,231 24.41%
Total Operating Expenditures 2,029,119 147,323 648,797 1,232,999 39.23%
TOTAL EXPENDITURES 2,029,119$ 147,323$ 648,797$ 1,232,999$ 39.23%
Expenditure Summary
Transit Enterprise Fund
April 2015 Expenditures to Date
Heil Law & Planning, LLC Office: 303.975.6120
3445 S. Clermont St. Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: WRITTEN REPORT: House Bill 15-1348 and letter requesting veto
DATE: May 21, 2015
Summary: The Colorado Legislature adopted House Bill 15-1348 at the very end of the legislative
session. This bill was similar to HB 14-1375 adopted last year that placed new restrictions on tax
increment financing by Urban Renewal Authorities. The Avon Urban Renewal Authority submitted a letter
urging the Governor to veto the bill last year. Due the short time frame to submit a letter for the Governor’s
consideration, Jennie Fancher, Virginia Egger, Scott Wright and I reviewed this letter and it was sent today
in advance of the Memorial Day week-end. The position is similar to the position taken by the Town and
Avon Urban Renewal Authority last year.
Attachments: Avon Urban Renewal Authority letter to Governor dated May 21, 2015.
Colorado Municipal League letter to Governor date May 19, 2015
Thank you, Eric
M EMORANDUM & PLANNING, LLC