TC Packet 05-10-2016 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MAY 10, 2016
REGULAR MEETING BEGINS AT 5:05 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
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. PUBLIC HEARING OF RESOLUTION 16-16, APPROVING THE MEZA PUD AMENDMENT FOR LOT 110, BLOCK 1,
WILDRIDGE SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER)
4.2. PRESENTATION OF THE 2015 TOWN AUDIT AND MOTION TO ACCEPT
(ASSISTANT TOWN MANAGER SCOTT WRIGHT, PAUL BACKES, MCMAHAN & ASSOC., CPAS)
5. WORK SESSION
5.1. UPPER EAGLE REGIONAL WATER AUTHORITY/EAGLE COUNTY WATER AND SANITATION DISTRICT JOINT WORK
SESSION (COUNCILOR SARAH SMITH HYMES)
6. ACTION ITEMS
6.1. PUBLIC HEARING SECOND READING OF ORDINANCE 16-07, ALLOWING FOOD TRUCKS TO OPERATE ON TOWN
RIGHT-OF-WAYS (TOWN MANAGER VIRGINIA EGGER)
6.2. ACTION ON RESOLUTION 16-17 SETTING THE LOCATIONS AND NUMBERS OF FOOD TRUCKS
(TOWN MANAGER VIRGINIA EGGER)
6.3. PUBLIC HEARING SECOND READING OF ORDINANCE 16-08 AMENDING SECTION 3.98.050(3) OF THE AVON
MUNICIPAL CODE TO EXEMPT GOVERNMENTAL INSTITUTIONS FROM SALES TAX ON CONSTRUCTION
MATERIALS (TOWN ATTORNEY ERIC HEIL)
6.4. PUBLIC HEARING FIRST READING OF ORDINANCE 16-09, APPROVING AN AMENDMENT TO THE AVON
COMPREHENSIVE PLAN; DISTRICT 13: NOTTINGHAM ROAD COMMERCIAL DISTRICT
(PLANNING DIRECTOR MATT PIELSTICKER)
6.5. PUBLIC HEARING RESOLUTION 16-18, TO AMEND THE 2016 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
_________________________________________________________________________________
MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG – AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC
LIBRARY & AVON ELEMENTARY SCHOOL.
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK
DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
Page 1
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MAY 10, 2016
REGULAR MEETING BEGINS AT 5:05 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
6.6. CONSENT AGENDA
6.6.1. APPROVAL OF RESOLUTION 16-15 FOR THE HOLY CROSS EASEMENTS, TRACT A RIVERSIDE FOR EAGLE
VALLEY TRAIL (PROJECT ENGINEER JIM HORSLEY)
6.6.2. APPROVAL OF AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON
AND EAGLE COUNTY, COLORADO CONCERNING THE AVON TO EAGLE-VAIL RECREATIONAL TRAIL
PROJECT (PROJECT ENGINEER JIM HORSLEY)
6.6.3. MINUTES FROM APRIL 12, 2016 MEETING (TOWN CLERK DEBBIE HOPPE)
7. WORK SESSION
7.1. PUBLIC SAFETY FACILITY/POLICE STATION & NEW TOWN HALL – DEVELOPMENT & FINANCING SCHEDULES
(TOWN MANAGER VIRGINIA EGGER)
8. WRITTEN REPORTS
8.1. MONTHLY FINANCIAL REPORT (BUDGET ANALYST KELLY HUITT)
8.2. 2017 BUDGET CALENDAR (BUDGET ANALYST KELLY HUITT)
9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
9.1. TOWN CLEAN-UP DAY (COUNCILOR MEGAN BURCH)
9.2. COLORADO CREATIVE INDUSTRIES SUMMIT (MAYOR JENNIE FANCHER)
9.3. UPPER EAGLE REGIONAL WATER AUTHORITY (COUNCILOR SARAH SMITH HYMES)
9.4. EAGLE COUNTY CLIMATE ACTION COMMITTEE ( COUNCILOR SARAH SMITH HYMES)
9.5. CLIMATE REALITY PROJECT (COUNCILOR SARAH SMITH HYMES)
10. MAYOR & COUNCIL COMMENTS
11. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT
TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER
C.R.S. §24-6-402(2)(E) AS WELL AS A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING
LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) CONCERNING 1) A POTENTIAL SPECIAL EVENT; AND 2) UPPER EAGLE
REGIONAL WATER AUTHORITY FACILITIES
12. ACTION ITEM
12.1. REVIEW AND ACTION TO APPROPRIATE $60,000.00 FROM THE GENERAL FUND CONTINGENCY TO LINE ITEM
69402 FINANCIAL SUPPORT – SIGNATURE EVENT SEED FUNDING (TOWN MANAGER VIRGINIA EGGER)
13. ADJOURNMENT
_________________________________________________________________________________
MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG – AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC
LIBRARY & AVON ELEMENTARY SCHOOL.
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK
DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
Page 2
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 12, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
CALL TO ORDER AND ROLL CALL
1. APPROVAL OF AGENDA
2. PUBLIC COMMENT
3. RENEWAL OF LIQUOR LICENSES
3.1. APPLICANT: BENCHMARK LIQUORS, INC. D/B/A BEAVER LIQUORS
LOCATION: 110 E. BEAVER CREEK BLVD.
TYPE: RETAIL LIQUOR LICENSE
MANAGER: DAVID COURTNEY
3.2. APPLICANT: EAST WEST RESORTS LLC & AVON RIVERFRONT LLC D/B/ A WESTIN RIVERFRONT RESORT & SPA &
MAYA
LOCATION: 126 RIVERFRONT LANE
TYPE: RESORT COMPLEX LICENSE
MANAGER: KRISTEN PRYOR
4. REPORT OF CHANGES CHANGE IN MANAGER
4.1. APPLICANT: EAST WEST RESORTS LLC & AVON RIVERFRONT LLC D/B/ A WESTIN RIVERFRONT RESORT & SPA &
MAYA
LOCATION: 126 RIVERFRONT LANE
TYPE: RESORT COMPLEX LICENSE
CURRANT MANAGER: JOHN EVANS
NEW MANAGER: KRISTEN PRYOR
5. MINUTES FROM APRIL 12, 2016
6. ADJOURNMENT
_________________________________________________________________________________
MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG – AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC
LIBRARY & AVON ELEMENTARY SCHOOL.
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK
DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
Page 3
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, Planning Director
Meeting Date: May 10, 2016
Agenda Topic: Motion to Continue the Public Hearing and Resolution No. 2016‐16 – A Resolution
Approving the Meza PUD Amendment for Lot 110, Block 1, Wildridge
I respectfully ask that the Public Hearing and Resolution No. 2016‐16 – A Resolution Approving a
Minor PUD Amendment application for Lot 110, Block 1, Wildridge Subdivision, be continued. Since
publishing public hearing dates, the applicant has modified the application; this has pushed the
schedule back to allow for additional time to address neighborhood comments and work with the
Planning and Zoning Commission. Thank you.
PROPOSED MOTION
I move to continue the Public Hearing and Resolution No. 2016‐16 – A Resolution Approving the Meza
PUD Amendment application for Lot 110, Block 1, Wildridge Subdivision, to the May 24, 2016, Town
Council meeting.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Asst. Town Manager
Date: May 10, 2016
Topic: Presentation of 2015 Comprehensive Annual Financial Report and Communication with
Governing Body
Action Before Council
On Tuesday evening, Paul Backes with McMahon & Associates, the Town’s independent
auditing firm, will present their audit findings to the Avon Town Council along with the 2015
Comprehensive Annual Financial Report (CAFR).
Recommended Motion
After presentation of the audit report from the auditors, the Town Council should accept the
report. The recommended motion would be “Move to accept the 2015 Comprehensive
Annual Financial Report”.
Attachments:
Communication with Governing Body
McMahan and Associates, l.l.c.
Certified Public Accountants and Consultants
Web Site: www.mcmahancpa.com
Chapel Square, Bldg C Main Office: (970) 845-8800
245 Chapel Place, Suite 300 Facsimile: (970) 845-8108
P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.co
Member: American Institute of Certified Public Accountants
Paul J. Backes, CPA, CGMA Avon: (970) 845-8800
Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996
Daniel R. Cudahy, CPA, CGMA Frisco: (970) 668-3481
M
&
A
To the Honorable Mayor and Town Council
Town of Avon, Colorado
We have audited the financial statements of Town of Avon, Colorado for the year ended December 31,
2015. Professional standards require that we provide you with the following information related to our
audit.
Qualitative Aspects of Accounting Policies
Management is responsible for the selection and use of appropriate accounting policies. The significant
accounting policies used by Town of Avon, Colorado are described in the Notes to the financial
statements. No new accounting policies were adopted and the application of existing policies was not
changed during the year. We noted no transactions entered into by the governmental unit during the year
for which there is a lack of authoritative guidance or consensus. There are no significant transactions that
have been recognized in the financial statements in a different period than when the transaction occurred.
Accounting estimates are an integral part of the financial statements prepared by management and are
based on management’s knowledge and experience about past and current events and assumptions
about future events. Certain accounting estimates are particularly sensitive because of their significance
to the financial statements and because of the possibility that future events affecting them may differ
significantly from those expected. The most sensitive estimates affecting the financial statements were:
Estimated useful lives for depreciation on fixed assets: Management’s estimate of depreciation is
based on industry practice and experience.
Allowance for doubtful accounts: The Town has a number of receivables from developers and
others. Some of the amounts owed to the Town may be uncollectable. The Town has recorded
an allowance for doubtful accounts to reflect any anticipated default on receivables.
Estimated claims reserve: Management’s estimate of the claims reserve liability is based on
actual claims activity relative to stop loss refunds and premiums charged to departments.
We evaluated the key factors and assumptions used to develop estimates above and found that
they are reasonable in relation to the financial statements taken as a whole.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our
audit.
To the Honorable Mayor and Town Council
Town of Avon, Colorado
Page 2
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the
audit, other than those that are trivial, and communicate them to the appropriate level of management.
There were no misstatements detected as a result of audit procedures which were material, either
individually or in the aggregate, to the financial statements taken as a whole.
Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a financial
accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be
significant to the financial statements or the auditor’s report. We are pleased to report that no such
disagreements arose during the course of our audit
Management Representations
As is required in an audit engagement we have requested certain representations from management that
are included in the management representation letter.
This letter is intended solely for the information and use of the Town Council, management, and others
within the organization and is not intended to be, and should not be,used by anyone other than those
specified parties.
Sincerely,
McMahan and Associates, L.L.C.
April 26, 2016
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: Water Work Session
DATE: May 6, 2016
SUMMARY: Linn Brooks, District General Manager of the Upper Eagle River Water Authority, will lead a
work session on water matters. Attached is a memorandum from Linn Brooks outlining a variety of
discussion items and describing items which have been completed since the 2013 Summit.
For efficiency, the following order of topics for review and discussion is recommended:
• Traer Creek Water Tank
• Regional and Local Water Supply Overview
• Water Demand Management Objectives, etc.
• Unallocated Water Policy
• Heat Recovery System
• Avon/District Authority Administrative Coordination
• Water System Impact Fees
Please note that the Water Treat Plant Ground Lease on Tract P will be discussed in executive session.
Thank you, Eric
Attachments: ERWSD/UERWA Memorandum, dated May 4, 2016
Heil Memorandum re: Unallocated Water Policy, dated May 5, 2016
M E MORANDUM & PLANNING, LLC
M E M O R A N D U M
TO: Town of Avon Council
FROM: Linn Brooks, District General Manager
DATE: May 6, 2016
RE: Topics for Water Work Session
The items listed below are of mutual interest to the Town of Avon and Eagle River Water and Sanitation
District (District) and Upper Eagle Regional Water Authority (Authority). As reference, the District
manages the Authority via an operations agreement, and the Town of Avon is a member of the Authority.
These topics for discussion were reviewed at a pre-meeting with District and Town of Avon staff, as well
as Avon councilmembers, Mayor Jennie Fancher and Ms. Sarah Smith Hymes. The attendees recognized
the completion of many action items that stemmed from a 2013 summit between the Town and District.
Summaries of these items are included at the beginning of this document.
Jason Cowles, District Planning Supervisor, and I will attend the Town’s May 10 work session and provide
three presentations: Regional and Local Water Supply Overview; Water Demand Management; and Tap
Fees. This memo summarizes these topics and additional topics on which we will be prepared to answer
questions in the work session. The entire list of discussion items includes the following:
Traer Creek Water Tank
Regional and Local Water Supply Overview
Water Demand Management Objectives
Unallocated Water Policy
Avon Drinking Water Facility (ADWF) Land Lease
Heat Recovery System
Avon/District-Authority Administrative Coordination
Water System Impact Fee (WSIF)
Completed Items from 2013 Summit
Authority Agreement
The Authority Agreement was fully executed on May 27, 2015. The Agreement was an update to the
original 1984 agreement that formed the Authority with its six original member entities. The 2015 updated
agreement was needed to accurately set forth the current relationship of the Authority to its members.
The update included amendments made throughout the years and now reflects current conditions.
Substantial attention was paid to stipulations in the agreement related to a possible dissolution of the
Authority or the withdrawal of a member district, though all members agreed that these were unlikely.
Topics for Water Work Session Page 2 of 10
Recreation Path Berm
In 2002, Avon wished to extend its bike path along the Eagle River, which necessitated crossing the
District’s AWWTP property. The District cooperated by contributing one half of the cost of the design
through the plant property and installed a fence to separate the areas of public access from the plant
property. An easement deed was executed that allowed for the bike path on the District’s property and
required Avon to install an irrigation system and landscaping, which was completed.
Mountain Star Water Tank Funding
A water tank in Mountain Star was contemplated by the developer but never constructed. The Town of
Avon and Mountain Star POA entered into an agreement on March 22, 2016, to fund the tank. Annexation
of the tank site into the Avon Town boundary occurred on April 12 and tank construction is expected to
commence during the week of May 9, weather dependent. The Authority is constructing the tank per its
Major Facilities Policy, which was approved by the Authority and District Boards in October 2015. The
policy provides that the Authority and District shall provide all project management services for major
facilities, including planning, design, and engineering; bidding, construction cost estimates, contract
award, and construction management to completion and throughout the warranty period. This ensures
that critical water and wastewater infrastructure is designed and constructed for the optimal combination
of long lifespan, overall project value, and recurring operation and maintenance costs.
The Authority’s contributions to the tank include procurement of the tank site through a land swap with the
Forest Service, PRV upgrades in the area, tank upgrades, and staff time related to the engineering
process, annexation, construction management, and related administrative functions.
Water Authority Rate Increase
In 2013, the Authority proposed an increase in its debt service base rate that would be used for debt
service payments on revenue bonds. The increase was higher than the Denver-Boulder CPI and required
the unanimous consent of all member districts. All member districts approved of the new rate, which was
effective in January 2014.
Beginning with the 2014 budget, the Authority undertook a five-year plan to reduce the need for bonding
and cover the Authority’s operating expenses with revenue; the economic climate had reduced plant
investment fees, which had previously funded the replacement and smaller capital projects. Annual 3%
base rate increases were envisioned and have successfully closed the gap between operating expenses
and revenue.
The 2014 budget also included a new capital replacement base rate of $3.25/month to be implemented in
2014. All member districts approved the new base rate and it was effective with April 2014 billing.
Authority’s Water System Impact Fee (formerly called Plant Investment Fee)
A tap fee is the system capacity impact fee collected by the Authority for the right to connect to the water
system. Water system impact fees collected are based on square footage for residential; assessment of
fixtures for commercial; and a combination of both for mixed use. Tap fees collected by the Authority for
Contracting Parties are remitted to the appropriate Contracting Party.
The Authority undertook a tap fee study in 2015, and the resulting fee is now in effect for all service
areas. The District will undertake a tap fee study and adjust its rate in 2016 for sewer connections.
Topics for Water Work Session Page 3 of 10
Discussion Items
Traer Creek Water Tank
Background/History:
Construction of a Traer Creek Tank within the Village at Avon development was mandated by the
Authority by the end of 2005, per an agreement with Traer Creek – this did not occur
A moratorium was placed on water service within the Traer Creek development was ratified on
January 1, 2006, and remained in place until the requirement for a tank was met.
First phase of construction began in 2013, continued into 2014; the Authority did not provide
project management services for the construction.
A resolution was passed by the Authority in March 2014, lifting the moratorium on water service
to Traer Creek pending tank completion and Authority acceptance of construction.
In August 2014, Jim Collins reported the moratorium was officially lifted as Traer Creek met all
requirements for doing so
Authority was completing inspections in November 2014 prior to final acceptance
Tank passed leak test, this was reported to the Authority Board in December 2014; surface
repairs still needed on tank floor and roof
Tank came online in February 2015
Staff report to Board that Traer Creek tank was functioning well in March 2015; Authority Board
approved acceptance of the tank at March 26, 2015, meeting
Tank failed May 25, 2015, when water staff noticed tank was leaking at 425 gallons/minute via its
SCADA monitoring system; tank was drained and remains offline
Moving forward – Pressure Reducing Valve Project
Without the capacity of the Traer Creek Tank, the Authority is limited to approximately 250 new SFEs for
new service. The Authority is undertaking a construction project to allow water storage tanks at higher
elevations in the system to download to the valley floor, which will allow service to an additional 620
SFEs. This project will be completed by summer 2017 and coupled with another project for cost savings
and other efficiencies. This will allow development to continue until the Traer Creek Tank is returned to
service.
Regional and Local Water Supply Overview:
Colorado Compact: 10-year Rolling Average
Background: The Colorado River is managed by the 1922 Colorado River Compact that was
signed by seven states including Colorado. The upper basin includes Colorado, New Mexico,
Utah, and Wyoming. The lower basin includes Nevada, Arizona, and California. At the time of the
compact, development was rapidly occurring in the Lower Basin states, especially in California.
The first in time, first in right system of prior appropriation was well established at that time.
Before enactment of the compact, the federal Supreme Court held that any interstate water
issues between two states that had adopted the prior appropriation doctrine would be resolved
using prior appropriation tenets, which could have left the upper basin states with little water for
future development. Instead, the compact was a cooperative agreement between the upper and
lower basin states, ensuring that the upper basin states had water reserves when these areas
finally developed and put their water to beneficial use.
The compact provides that the upper basin states cannot deplete the flow of the river below
75,000,000 million acre feet in any 10-year period. To date, the upper basin states have never
delivered less than 7,500,000 acre-feet in a given year; therefore, the 10-year rolling average
Topics for Water Work Session Page 4 of 10
continues to comply with the terms of the compact, and a compact “call” is at least 10 years away
under any circumstances.
Lakes Powell and Mead serve as the equalization storage for the river, effectively evening out
high flow years with low flow years to maintain a reliable water supply in a basin subject to
extreme natural variability. Therefore, water managers closely watch the water levels in these two
reservoirs. Elevations below critical target levels could result in power shortages, water use
curtailment requirements and litigation.
Current graphs:
Credit: ERWSD, 2016
Topics for Water Work Session Page 5 of 10
Credit: ERWSD, 2016
Levels in Lakes Mead and Powell have been low since the drought of 2002. Lake Powell is
currently 45% full and Lake Mead is 37% full. All involved parties understand that avoidance of a
compact call is of critical economic importance to the region.
Current efforts to avoid compact curtailment include:
2007 Interim Guidelines that are in effect through 2025 and include coordinated operation of
Lakes Mead (upper basin) and Powell (lower basin) to minimize lower basin shortages, while
not adversely affecting upper basin yield; the guidelines control releases from Glen Canyon
Dam, which affects Lake Powell levels
o Overuse by the lower basin states continues to draw down Lake Mead
o Conservation or overuse by upper basin states can and will affect Lake Powell levels
o Lakes Mead and Powell and their operations are interconnected by the interim
guidelines, therefore how the lower basin uses water affects upper basin outcomes
Colorado River System Conservation Program – funding pilot projects to reduce demands in
Colorado River Basin
Colorado Water Plan addresses efforts to collaboratively manage the Colorado River supply
to avoid compact curtailment
California enacted mandatory water use reductions in 2015 following the lowest snowpack
ever recorded; these efforts have been largely successful as the state conserved nearly 1.19
million acre feet from June 2015 – February 2016. More work in the lower basin will be
required to cure the “structural deficit” of overuse of Lake Mead water.
Topics for Water Work Session Page 6 of 10
Statewide Infrastructure
Credit: Office of the State Engineer, 2011
Credit: Colorado River Water Conservation District, 2016
Topics for Water Work Session Page 7 of 10
Local Infrastructure
Water Supply Reserves Under Drought Conditions
The firm yield of the District and Authority water supply is considered the amount of water
available to serve approved development in an extended drought, and is the supply that is
considered when the District and Authority commit to serve new development. The current firm
yield is calculated based on the historic three-year period with the lowest basin water supply yield
in the approximately 60-year period of record for local stream flows. Eagle Park Reservoir, which
is currently not fully allocated, contains sufficient water to weather three years of extended
drought at full allocation. The reservoir is additionally backed for a fourth year of supply by
Homestake Reservoir. The District and Authority own additional water in Homestake Reservoir
that is currently unallocated and, at least for the foreseeable future, could be used to back the
District and Authority systems should the Eagle Park supplies prove insufficient.
These estimates of drought yield are very conservative, and assume that all water uses during a
drought period would continue as in normal years. History indicates that water conservation
efforts during drought periods are effective in stretching the water supply in drought years, and
would likely extend the period of reliable drought supply beyond four years.
Water Demand Management Objectives and Policies and Results of Mountain Star
Pilot Program
Background: The Board adopted a Water Demand Management Plan in 2014, the purpose of which is
“to use water more efficiently over time, in order to use the existing supply to serve an expanding
population, while protecting water rights and the natural water resource.”
Topics for Water Work Session Page 8 of 10
Since then, the Board has adopted the following policies:
Water Services Agreement (WSA) policy: This goals of this policy are to document the water
use proposed by the developer; requirements for payment of tap and other application and
connection fees and cash-in-lieu of water rights dedication (if applicable); and the Authority’s
commitment to provide water service to the development and any conditions related thereto. The
policy also provides the Authority certainty of the amount of water committed to new uses and
provides a means by which the Authority can hold customers accountable to limiting water use to
that which was paid for at the time of the Authority’s commitment to serve.
The WSA requires identification of the property to be served; definition of the proposed water use;
stating the methods used to calculate water use for water rights dedication, including safety
factors; stating the methods used to calculate water use for tap fee determination; stating that the
water use is limited to that which is documented in the agreement; remedies available to the
Authority and customer in the case of exceedance of the limit; and requirement that such
limitation shall permanently encumber and run with the property and shall be recorded.
Policy for Alternative Calculation of Cash-in-Lieu of Water Rights Dedication Fee: This
policy provides that the Authority may choose in its sole discretion to reduce the amount of the
cash-in-lieu fee charged to customers that demonstrate the ability to use less water than would
be assumed using the Authority’s Water Demand Worksheet calculation, which is based on
system averages. The purpose of this alternative calculation is to provide a cost incentive to
developers to design water efficient buildings and landscaping, which will result in lower ongoing
water use for the life of the project.
Irrigation Account Water System Impact Fee: The District and Authority adopted an updated
methodology for calculating impact fees for irrigation accounts. Irrigation accounts are those that
serve outdoor uses only, such as subdivision entry statements, pocket parks and ball fields.
Irrigation accounts are not related to indoor uses of a structure. The impact fee is based on the
planned irrigated area. The proposed application rate of irrigation water is calculated for the
specific microclimate and considers irrigation system efficiency to arrive at the total gallons of
water per month that, if applied to the irrigated area, would result in a high quality landscape
without wasting water. This volume of water also is the amount of water billed in Tier One usage
for the property. Water use above Tier One would result in higher dollar per gallon charges.
This concept will be used in calculating water budgets once that program is developed.
District staff conducted the first year of a Water Demand Management pilot project in 2015. The purpose
of the pilot project was:
Develop a water budgeting program that meets the unique needs of our community and
customers;
Reduce water waste;
Explore new technologies to capture water use data and provide it to customers to assist them in
managing their water use effectively; and
Educate property owners and landscaping contractors in water-saving technologies, including
auditing water uses on the property; updating irrigation systems for efficiency; and managing
irrigation schedules to water only when needed. This can be accomplished by limiting water
application rates to match the local rate of evapotranspiration, turning off irrigation schedules
during rainy periods and matching application rates to the landscaping type (e.g., turf, mulched
areas, low-water-using plant species, native areas, etc.).
The pilot project included 13 properties, 10 in Mountain Star, one in Wildridge, and two in the Edwards
area. Significant water savings were documented for all properties, with an average savings of 40 – 50%.
Topics for Water Work Session Page 9 of 10
The District created a full-time, permanent position for a Water Demand Management Coordinator. The
pilot project will continue to expand in 2016 and will include implementation of a customer data portal
(smart phone app). The Authority will undertake a water conservation plan in 2017.
The District’s efforts in managing water supply and demand can be supported and enhanced by land use
authorities such as the Town of Avon, which have the ability to enforce property development guidelines.
Our staff is eager to begin coordinating with the Town staff in this effort.
Unallocated Water Policy Update
Background: Discussions about the updated Authority Agreement uncovered some outstanding issues
regarding the Authority’s unallocated water. An Authority board subcommittee was formed to start
discussions regarding the matter in April 2015. Since then, much progress has been made on the matter.
Status: Expected approval of a policy by Authority in May, pending resolution of outstanding items with
Town of Avon.
ADWF Land Lease
Background: In 1985, the Authority leased from Avon a portion of Tract P, Benchmark at Beaver Creek
Subdivision, for a term of 99 years, for the Avon Drinking Water Facility and the expansion area. The
lease encompassed only the footprint of the existing building and excluded surrounding areas located
within the fence line of the premises that are currently used for parking of District/Authority vehicles and
activities related to the operation of the plant. The Town has reserved the “air space” over the plant for
future facilities.
Status: The Authority wishes to extend the leased area to include the area within the fence line to ensure
continued provision of high quality water services to the Authority customers. The Authority would
ultimately like to purchase the land from the Town and is working towards agreement on appraisal
instructions with the Town, to prepare for a ballot question to sell the property to the Authority.
Heat Recovery System
Avon approached the District in 2008 to joint-venture on a system to capture heat from the wastewater
plant to heat the recreation center and street and sidewalk areas. The District donated an easement
within its plant property for the Town’s facilities, contributed $332,400, and continues to donate heat to
the project. The existing agreement covers design and implementation but not operations and
maintenance.
Status: Need to draft an O&M agreement.
Avon/District-Authority Administrative Coordination
Summary: Town and water provider administration activities intersect at many points. Examples include:
Development approval referrals (water rights, water efficient landscape design, water service
agreements, infrastructure design approval, etc.)
Building permit approvals (grease traps)
Master planning
Town of Avon Comprehensive plan (add specific water supply planning elements to this plan)
District staff believes that both entities could improve the value of our processes to our constituents by
coordinating on these important community matters.
Topics for Water Work Session Page 10 of 10
Water System Impact Fee (WSIF)
Background: The Authority maintains a policy that growth must pay for growth. The Authority’s Water
System Impact Fee (WSIF) (formerly called the Plant Investment Fee) is a one-time impact fee for system
capacity that is charged to new customers at the time of connection to the water system. New customers
are assessed for their share of system capacity in order to reimburse existing customers who paid the
upfront costs for capacity to serve future growth. The WSIF is intended to place existing customers and
new customers on equal footing regarding their investments in the water system. The fee was originally
established in 2001, and had been annually adjusted for inflation. These increases adjust for the present
value of money and are not intended to account for the significant capital expenditures made by the
Authority since 2001, nor did they account for recommended capital improvements from the 2008 Master
Plan update. The 2015 WSIF Study used industry best practices to establish a rational nexus for the
updated fee, which was recommended to recover, on average, $9,041 per single family equivalent (SFE).
The WSIF increase was approved by each of the Authority member entities in the spring of 2015 prior to
implementation.
The District collects the Authority’s WSIF, as well as local area Tap Fees that are passed on to each of
the Authority member entities and contracting entities. These local area tap fees have historically been
used to pay off bonds used to finance the initial construction of their local water system infrastructure. By
2015, the Eagle-Vail Metro District, Beaver Creek Metro District, Edwards Metro District, Arrowhead
Metro District, and Berry Creek Metro District had stopped collecting member entity tap fees as these
entities had satisfied their debt obligations and were no longer responsible for capital improvements to the
water system. In addition to the Town of Avon, the Arrowhead Mountain Metro District, the Cordillera
Metro District, and the Traer Creek Metro District continue to collect their entity tap fees as these entities
have continuing financial obligations for their local water system capital improvements.
The Authority has implemented the following policies for the WSIF and water rates, which support
affordable housing:
Payment of the WSIF may be deferred up to 10 years for affordable housing projects.
There is no “minimum” payment amount for the WSIF. The WSIF is based upon residential unit
square footage, thus smaller units pay a proportionately smaller WSIF.
The Authority’s Treated Water Storage Fee, which was assessed at $1,225/SFE for the use of
capacity in regional water storage tanks, was eliminated following the adoption of the WSIF, as
the costs of the Authority’s regional water storage tanks were incorporated into the WSIF.
Efficiency Units and Studio Units are only assessed 0.5 SFE for billing purposes. These
customers pay lower monthly base rates as a result.
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: Unallocated Water Policy
DATE: May 5, 2016
SUMMARY: The Upper Eagle Regional Water Authority (“UERWA”) formed an Unallocated Water Rights
Policy Committee (“Committee”) at the request and suggestion of the Town of Avon in fall of 2015. The
Committee was a follow-up to the adoption of the Authority Agreement Amending and Restating the
Agreement Establishing the Upper Eagle Regional Water Authority and The Master Service Contract
(“2015 Authority Agreement”) on May 27, 2015. The 2015 Authority Agreement was the result of four years
of effort by the parties to update and consolidate the original 1984 Agreement Establishing the UERWA and
the 1998 Master Service Contract. As part of that process, there was recognition of the existing surplus of
“Unallocated Water Rights” and the lack of a policy to provide guidance on the allocation of Unallocated
Water Rights. The 2015 Authority Agreement specifically defines “Allocated Water” and “Unallocated
Water.” The proposed Unallocated Water Policy is attached to this memorandum. In accordance with the
2015 Authority Agreement and the general law, the adoption of a policy requires a majority vote of the
Board of Directors of the UERWA.
RECOMMENDATION: I am providing a recommendation of adoption of the Unallocated Water Policy, as
attached, which is made in consultation with Sarah Smith-Hymes as the primary designated Elected Official
representative for the Town of Avon on the UERWA Board of Directors. A summary of specific issues and
considerations is described below.
PROPOSED MOTION: NOTE: The nature of the structure of the UERWA is that the Avon Town Council
does not adopt the proposed policy as a Town policy, rather, the Council can direct its representative on
the UERWA Board to vote in favor of the policy. “I move to direct Sarah Smith-Hymes to vote in favor
of adopting the Unallocated Water Policy.”
BACKGROUND: The UERWA has acquired water rights in addition to the water rights conveyed or leased
by the Contracting Parties (i.e. the 6 members of the UERWA). The UERWA calculates the current
Unallocated Water Rights to equal 316.294 acre feet. Unallocated Water Rights have been used to
supplement the water rights provided by a Contracting Party when such water rights are insufficient to meet
water use demands and Unallocated Water Rights have been used for cash-in-lieu of water rights
dedications. Cash-in-Lieu of water rights dedication is efficient for smaller projects where obtaining small
quantities of water rights would be expensive, time-consuming and burdensome (e.g. Red House, Wyndam
and Brookside projects in Avon).
The UERWA has adopted a series of policies concerning water rights dedications and water demand
management, including:
July 14, 2014 – Revision to Water Demand Management Plan
January 13, 2016 – Policy for Water Service Agreements for New Water Use.
January 13, 2016 – Joint Resolution of UERWA and Eagle River Water & Sanitation District to Adopt
Impact Fees for New Irrigation and Sprinkler Accounts.
January 21, 2016 – Water Dedication Policy
M EMORANDUM & PLANNING, LLC
Avon Town Council
Unallocated Water Policy
May 5, 2016
Page 2 of 2
These policies, which are incorporated by reference in the Unallocated Water Rights policy, address
several of the Town’s identified goals for the Unallocated Water Rights policy, including the requirement to
dedicate water rights if available and support for water conservation measures.
POLICY CONSIDERATIONS: The Unallocated Water Policy continues the general “first-come, first-serve”
approach that the UERWA has followed since its inception, with the following conditions, qualifications and
limitations:
1. Restricts the allocation of Unallocated Water to Contracting Parties (i.e. the 6 members of the
UERWA). Allocation of Unallocated Water to non-Contracting Parties would require unanimous
consent of the Contracting Parties to amend the 2015 Authority Agreement.
2. States that the Board of Directors shall re-evaluate the Unallocated Water Policy when the Unallocated
Water Rights are reduced by 150 acre feet or if the amount of storage comprising the Unallocated
Water Rights is less than 50 feet.
3. Cross-references the Water Dedication Policy, which states a preference for dedication of water rights
when available to serve the property.
4. Cross-references the Water Demand Management Plan, which includes policies that promote water
conservation.
5. States the Board of Directors may reserve and withhold allocation of a portion of Unallocated Water
Rights to meet unanticipated water demands or to store senior historic consumptive use credits in a
Colorado River Compact Storage Bank.
The proposed Unallocated Water Policy meets all of the objectives expressed by the Town of Avon
with the exception of (1) defining “large developments” and adopting guidance that large developments are
not appropriate for allocation of Unallocated Water Rights and (2) stating that cash-in-lieu of water rights
should be used for developing or acquiring additional water supplies. The concern expressed by the Town
of Avon was that a single, unanticipated large development could utilize a significant portion of the
remaining Unallocated Water Rights, leaving the remaining Contracting Parties without a convenient and
readily available pool of Unallocated Water Rights for other projects that come up from time to time. The
remainder of the Unallocated Water Rights committee members felt that defining “large developments” was
not necessary. The current Allocated Water Rights for each Contracting Party are already matched to
serve the development plans for each member that exists today. It is very speculative to estimate the
potential for new “large developments” that are not planned or identified today. A review of the UERWA
boundaries and boundaries of the Contracting Parties indicates that there is very little non-federal land
which has not been included in existing development plans (see the Map of the UERWA boundaries). With
regard to the use of cash-in-lieu, by law, such payments can only be used for water rights related purposes,
including reimbursement for the cost of Unallocated Water Rights already acquired or acquisition or
development of new water supplies.
Overall, the proposed Unallocated Water Policy meets nearly all the goals identified by the Avon Town
Council.
Thank you, Eric
Attachment A: Unallocated Water Policy
Attachment B: Map of the UERWA boundaries
78272
UNALLOCATED WATER POLICY
The Authority Agreement Amending and Restating the Agreement Establishing the Upper
Eagle Regional Water Authority and the Master Service Contract dated May 27, 2015 (the
“Authority Agreement”) defines at Section 19 the Authority’s Unallocated Water Rights as any
direct flow water rights that are owned by the Authority and not originally conveyed by a
Contracting Party, and any storage water rights that are owned or leased by the Authority and not
originally conveyed or assigned by a Contracting Party, and any other water rights owned by the
Authority and not allocated to a Contracting Party pursuant to the definition of Allocated Water
Rights. The Allocated Water Rights are defined in Section 17 of the Authority Agreement. The
Authority Agreement further provides that the Water Right Reports prepared for each Contracting
Party shall be periodically updated at least every two years to identify the Allocated Water Rights
and the Unallocated Water Rights. The Authority Agreement additionally provides that the
Unallocated Water Rights shall be retained by the Authority for its use and for the benefit of the
Contracting Parties that remain members of the Authority.
In view of the foregoing, it is the policy of the Authority that all or any portion of the
Authority’s Unallocated Water Rights may be allocated to a Contracting Party, as that term is
defined in the Authority Agreement, on a first come first serve basis where the board of directors of
the Authority (1) has determined that the Developer is not able to meet the dedication of water right
provisions of the Authority’s Water Dedication Policy; (2) has agreed to accept a cash payment in
lieu of water rights pursuant to the Authority’s Water Dedication Policy for a development within
the service area of a Contracting Party; and (3) has determined that the development is in
compliance with the objectives of the Authority’s Water Demand Management Plan.
It shall further be the policy of the Authority to have the board of directors determine
periodically whether to reserve and withhold from allocating a portion of the Unallocated Water
Rights to meet unanticipated future water demands, or to store senior historic consumptive use
credits in a Colorado River Compact storage bank.
As of the date of the adoption of this policy, the board of directors has determined that the
amount of the Unallocated Water Rights equals 316.294 acre feet. The board of directors shall
periodically review and reevaluate this policy at its discretion; provided, however, there shall be a
mandatory review and reevaluation of this policy if the amount of Unallocated Water Rights is
reduced by 150 acre feet, or if the amount of storage comprising the Unallocated Water Rights is
less than 50 acre feet.
Adopted and approved this _____ day of February, 2016.
By /s/ George Gregory, President and Board Chair
Attachment A: Draft Unallocated Water Policy
§
¨
¦
7
0
£¤6
£
¤
24
£¤6Cordillera
Edwards
Avon
Eagle-Vail
Bachelor Gulch
Beaver Creek
Arrowhead
Berry Creek
Cordillera Valley Club
Upper Eagle Regional Water Authority Water Service Boundary
.0 1 20.5 MilesProduced: 02/2009
Interstate
Highway
Rivers
Parcels
Sections
UERWA Boundary
At
t
a
c
h
m
e
n
t
B:
UE
R
W
A
Se
r
v
i
c
e
Ma
p
From: Tom Ruemmler [mailto:truemmler@hotmail.com]
Sent: Wednesday, May 04, 2016 9:56 AM
To: Avon Council Web
Cc: Virginia Egger; Scott Wright
Subject: $27,000 in Water & Sewer tap fees can be eliminated
The Eagle River Water and Sewer District has calculated they could eliminate
all tap fees (about $27,000) by increasing the monthly SFE (Single Family
Equivalent) fee by $10.21. This is another example that by spreading taxes
over more payers, the tax becomes palatable. Keep this in mind for your
May 10, 2016 work secession with ERWSD.
This would be another step towards more affordable housing and would
also stimulate the local economy and thus increase sale tax revenues.
Other alternatives exist that would spreading the cost of water and sewer
over more payers include increasing the sale tax collect by the county and
then the county supplements the Eagle River Water and Sewer District.
Another would be increasing the lodging tax. Both of these methods would
spread the costs to more payers and the tourists that use the services.
Catherine Hayes of Eagle River Water and Sewer District did the calculations
that verify a $10.12 SFE increase will offset the "tap fees". I can email those
the calculations to anyone that requests them.
By also eliminating Avon’s RETT (real estate transfer tax) the cost of
purchasing new construction could be reduced by more than $40,000.
Furthermore, considerably less money would be consumed by closing costs
since the RETT is not rolled into the loan amount. It is an additional closing
cost.
Tom Ruemmler
719 293-0655
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: May 10, 2016
Agenda Topic: Public Hearing and Second Reading of Ordinance 16-07, Allowing Food Trucks
to Operate on Town Right-of-Ways
ACTION BEFORE COUNCIL:
Review and consideration of Ordinance 16-07 that would allow food trucks to operate on Town right-
of-ways.
RECOMMENDED MOTION:
I move to approve Ordinance No. 16-07, an Ordinance Allowing Food Trucks to Operate on Town Right-
of-Ways.
BACKGROUND:
At its March 22, 2016 work session, Town Council reviewed a staff report about allowing one or more
food trucks to operate on Town property and right-of-ways. Subsequently, Council provided direction
to staff to present an ordinance allowing food trucks to operate on Town right-of-ways in up to three
locations near Harry A. Nottingham Park, but limit permits to one truck at a time. Council wished for
the food truck permit(s) to be monitored as a test case through 2016.
A change to the Avon Municipal Code is the first step to allowing food trucks on Town right-of-ways,
and while Council direction is to limit the locations and number of permits, staff has prepared the
ordinance to allow Council to grant additional locations and numbers in the future.
First reading of Ordinance 16-07 was approved on April 12, 2016.
ATTACHMENT :
Resolution 16-07
Ord 16-07 Allowing Food Trucks to Operate on Right-of-Ways SECOND READING – May 10, 2016 Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE 16-07 AMENDING SECTION 5.04.020 OF THE AVON MUNICIPAL CODE, ALLOWING FOOD TRUCKS TO OPERATE ON RIGHT-OF-WAYS
WHEREAS, Colorado municipalities are authorized to regulate the use of public streets, sidewalks and rights-of-way for public health, safety, welfare and convenience; and
WHEREAS, mobile food vehicles or “food trucks”, are a national trend and provide the
useful service of convenient and varied dining options in business areas and in areas that lack
businesses providing nutritional dietary options; and
WHEREAS, the Council of the Town of Avon finds it in the interest of the public health,
safety, welfare and convenience to authorize the operation of mobile food vehicles within the
Town of Avon, subject to regulations to protect the safe and convenient use of public rights-of-
way; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that
the Town Council desires to comply with the requirements of the 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, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Avon Municipal Code Section 5.04.020 Definitions. Avon
Municipal Code Section 5.04.020 is hereby amended to read as follows:
Vendor means any person who sells or attempts to sell, or offers to the public, any services, goods, wares or merchandise including, but not limited to food or
beverage, from any outdoor location from a mobile or stationary cart, table, or
vehicle regardless of whether a fee is charged for such goods or services.
Section 3. 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
Ord 16-07 Allowing Food Trucks to Operate on Right-of-Ways SECOND READING – May 10, 2016 Page 2 of 3
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. 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 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. 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 7. 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 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 16-07 Allowing Food Trucks to Operate on Right-of-Ways SECOND READING – May 10, 2016 Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 12, 2016 and setting such public hearing for May 10, 2016 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 10, 2016.
BY: ATTEST:
____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: May 10, 2016
Agenda Topic: Resolution 16-17 Establishing Locations and Number of Food Trucks
ACTION BEFORE COUNCIL:
Review and consideration of Resolution 16-17 that would establish locations and number of food
trucks in the Town of Avon.
RECOMMENDED MOTION:
I move to approve Resolution 16-17, Establishing the Locations and Number of Food Trucks.
BACKGROUND:
Upon adoption of Ordinance 16-07, Allowing Food Trucks to Operate on Town Right-of-Ways, the
locations and maximum number of vendor permits for food trucks must be established by Council.
During Council’s April 12th discussion of food truck locations, the Council consensus was to allow the
Town Manager to set locations around Harry A. Nottingham Park, but to limit the number to only one
food truck to operate at a time.
ATTACHMENT:
Resolution 16-17
TOWN OF AVON, COLORADO
RESOLUTION 16-17
ESTABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS WHEREAS, the Avon Town Council has determined that allowing food trucks in locations near
Harry A. Nottingham Park is a viable strategy to bring activity and vibrancy and will provide for
expanded small business opportunity; and
WHEREAS, the Avon Town Council adopted Ordinance 16-07, Allowing Food Trucks to
Operate on Right-of-Ways; and
WHEREAS, Section 5.04.080 (b) of the Avon Municipal Code requires that the Avon Town
Council establish the location and maximum number of vendor permits by resolution; and
NOW, THEREFORE BE IT RESOLVED that the Avon Town Council approves that one (1)
food truck is allowed to operate on any one location near the Harry A. Nottingham Park. The
Town Manager is authorized to identify and test locations near the park, including but not limited
to the following sites mapped on Exhibit A:
• Location #1: The parking lot on north side of Harry A. Nottingham Park.
• Location #2: The two northerly parking spaces in the parking lot located on the east side
of the Municipal Building.
• Location #3: The northwest corner of the parking lot located on the north side of the Recreation Center.
ADOPTED May 10, 2016
AVON TOWN COUNCIL
By:_______________________________ Attest:___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
Resolution No. 16-17 May 10, 2016
POTENTIAL FOOD TRUCK LOCATIONS
NEAR HARRY A. NOTTINGHAM PARK
EXHIBIT A
Potential location
Potential location
Potential location
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: Ordinance No. 16-08 Sales Tax Exemption for Governmental Institutions
DATE: May 5, 2016
SUMMARY: Ordinance No. 16-08 is presented to Council for Second and Final Reading. Ordinance No.
16-08 amends the Avon Municipal Code to exempt governmental institutions from paying sales tax on
construction materials. A simple amendment to Section 3.08.050(3) of the Avon Municipal Code will
accomplish this change by deleting the reference to Section 3.08.050(1) and thereby deleting the regulation
that governmental institutions are NOT exempt from paying sales tax on construction materials. Council
adopted first reading of Ordinance No. 16-08 at its last meeting on April 12, 2016.
Proposed Motion: “I move to approve Ordinance No. 16-08 Amending Chapter 3.08.050(3) of the Avon
Municipal Code to Exempt Governmental Institutions from Sales Tax on Construction Materials on
second and final reading.”
BACKGROUND: Town Council reviewed the Avon Municipal Code and the imposition of sales tax on
construction materials delivered into the Town of Avon earlier this year. Council was presented with a list
of options for amending the Sales Tax Regulations, including Option 5 which read:
5. Enact
an
Exemption
for
Public
Facilities
and
Projects:
Council
may
amend
Chapter
3.08
to
exempt
the
imposition
of
sales
tax
on
construction
materials
used
for
public
facilities
and
projects.
Such
exemption
would
simply
repeal
Section
3.08.050(3)
so
that
the
Town’s
sales
tax
regulations
are
consistent
with
the
State’s
sales
tax
regulations.
Such
an
exemption
would
apply
to
both
sales
by
in-‐Town
retailer-‐vendors
and
sales
by
out-‐of-‐Town
retailer
vendors
that
deliver
to
Town.
From those discussions a majority of Council favored exempting governmental institutions from paying
sales tax on construction materials. Such an exemption would follow the State of Colorado’s exemption for
governmental institutions.
FINANCIAL IMPACT: The Town Council has already approved a waiver of the sales tax for the proposed
regional fire station facility. The Upper Eagle Regional Water Authority has requested a waiver of the sales
tax on construction materials for the Mountain Star water storage tank. There are no other proposed or
pending governmental institution projects in the near future (possibly a expansion of the Eagle River Water
and Sanitation District waste water treatment facility in Avon). Therefore, the projected financial impacts
are very speculative. In very general terms, for every $1,000,000 of governmental institution construction
projects in Avon, assuming ½ of the cost is construction materials, the Town would forego $20,000 in sales
tax revenue.
EFFECT OF TABOR: The municipal code change would be permanent and could not be reversed or re-
instated without a voter approval in Avon.
M EMORANDUM & PLANNING, LLC
Avon Town Council
Ord. No 16-08 Exempt Governmental Institutions from Sales Tax
May 5, 2016
Page 2 of 2
Section 3.08.050 – Exempt taxpayers is reprinted below with the language amendment proposed in
Ordinance No 16-08 shown in REDLINE/STRIKE-OUT:
3.08.050 - Exempt taxpayers.
Sales to the following classes of taxpayers shall be exempt from the tax imposed by this
Chapter:
(1) Sales to the United States government; to the State, its departments or institutions and to
the political subdivisions thereof, in their governmental capacity only; in all sales to the
Town; providing, however, that no commercial, industrial or other banking institution,
organized or chartered by the United States government, any agency or department
thereof, or by the State, shall be considered a governmental institution for the purpose
of this exemption;
(2) Sales by or to religious, charitable and eleemosynary institutions, in the conduct of their
regular religious, charitable and eleemosynary functions and activities;
(3) Nothing herein contained shall be deemed to exempt from the tax levied by this Chapter
sales of building material or supplies to be used by a contractor for the construction of
an improvement for any of the institutions or agencies enumerated in Subsections (1) or
(2) above.
Thank you, Eric
Attachment: Ordinance No. 16-08
Ord 16-08 Amending Section 3.08.050(3)
FINAL - April 12, 2016
Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE NO. 16-08
AMENDING SECTION 3.08.050(3) OF THE AVON MUNICIPAL CODE TO
EXEMPT GOVERNMENTAL INSTITUTIONS FROM SALES TAX ON
CONSTRUCTION MATERIALS
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants;
WHEREAS, the Town Council finds that the exemption of governmental institutions from
sales tax on construction materials will reduce the cost the constructing and updating
governmental institutions in Avon and will follow the State of Colorado sales tax exemption on
construction materials for governmental institutions; and,
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that
the Town Council desires to comply with the requirements of the 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 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. Section 3.08.050(3) Amended. Section 3.08.050(3) – Exempt taxpayers. of the
Avon Municipal Code is hereby amended by repealing Section 3.08.050(3) in its entirety and re-
enacting to read as follows:
“Nothing herein contained shall be deemed to exempt from the tax levied by this Chapter
sales of building material or supplies to be used by a contractor for the construction of an
improvement for any of the institutions or agencies enumerated in Subsection (2) above.”
Section 3. 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
ATTACHMENT: ORD NO. 16-08
Ord 16-08 Amending Section 3.08.050(3)
FINAL - April 12, 2016
Page 2 of 3
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Non-severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid or enforceable, such
invalidity or effect shall render the entire ordinance void and not effective, it being the intention
of the Council that is this all provisions of this Ordinance are not severable and that Council
would not have adopted this Ordinance if any provision of this Ordinance is invalid or not
effective. 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 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. 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 7. 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: ORD NO. 16-08
Ord 16-08 Amending Section 3.08.050(3)
FINAL - April 12, 2016
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on April 12, 2016 and setting such public hearing for May 10, 2016 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 10, 2016.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT: ORD NO. 16-08
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: May 10, 2016
Agenda Topic: Public Hearing and First Reading of Ordinance No. 16-09, An Ordinance Amending the
Comprehensive Plan; District 13: Nottingham Road Commercial District
SUMMARY
The attached Ordinance (Exhibit A) approves an application to amend the Comprehensive
Plan. Specifically, the application pertains to District 13: Nottingham Road Commercial District
and results in more flexibility for building height and setback requirements related to the
Joint Public Safety facility. The Joint Public Safety facility is located on property zoned Public
Facility (PF); accordingly, the Avon Municipal Code allows development plans to vary from
dimentional standards when there are unique design features if made part of the
Comprehensive Plan. The Planning and Zoning Commission (“PZC”) reviewed the application
at their April 5, 2016 meeting, where they approved the Development Plan for the Joint Public
Safety contingent upon final approval of the Comprehsnive Plan Amendment by the Town
Council.
STAFF ANALYSIS & PZC REVIEW
The attached staff report to PZC includes a more detailed summary of the application and
analysis of the mandatory review criteria. The PZC packet, including their resolution and
recommendation, is attached (Exhibit B) for your review and consideration.
PROPOSED MOTION
“Move to approve Ordinance No. 16-09, An Ordinance Amending the Comprehensive Plan for
District 13: Nottingham Road Commercial District.”
EXHIBITS
A - Ordinance No. 16-09
B –Staff Report to PZC and Attachments
TOWN OF AVON, COLORADO
ORDINANCE NO. 16-09
AMENDING THE COMPREHENSIVE PLAN; DISTRICT 13: NOTTINGHAM ROAD COMMERCIAL DISTRICT
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, the Eagle River Fire Protection District (“Applicant”) submitted development
applications to the Town including a Major Development Plan and a Comprehensive Plan
Amendment for the Joint Public Safety Facility project; and
WHEREAS, the Joint Public Safety Facility is located on a property zoned Public Facilities (PF), and according to the Comprehensive Plan is located within District 13: Nottingham Road
Commercial District; and
WHEREAS, a Major Development Plan Application for the Joint Public Safety Facility was
approved by the Planning and Zoning Commission contingent upon approval of a
Comprehensive Plan amendment; and
WHEREAS, according to the Avon Municipal Code (“AMC”) §7.20.080(e), the PF district
is “intended to provide sites for public uses such as community centers, police and fire stations
and governmental facilities,” and unless otherwise set forth in the Avon Comprehensive Plan the
dimensional standards for the zone district apply; and
WHEREAS, the Joint Public Safety Facility has unique design features, including a training tower and layout of emergency vehicle bays for effective ingress and egress, which are directly
related to the performance and functioning of the public facility and which do not meet the
dimensional standards set forth in the Public Facilities zone district; and
WHEREAS, the Applicant submitted a Comprehensive Plan Amendment application
(“Application”) to the Town’s Community Development Department for amendments to District 13: Nottingham Road Commercial District to set forth certain dimensional standards in the Avon
Comprehensive Plan which reflect the unique design features of the Joint Public Safety Facility;
and
WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held a public hearing on April 5, 2016; 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 Resolution 2016-03 to make a
recommendation to the Town Council for approval of the Application, and
Ord 16-09 Comp Plan Amendment for District 13: Nottingham Road Commercial FIRST READING - May 10, 2016 Page 1 of 4
Exhibit A
WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in
accordance with the requirements of AMC §7.16.020(d), Step 4: Notice, held public hearings on
May 10, 2016, and May 24, 2016 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, 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
WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Comprehensive Plan Amendment and specifically
finds that the Application meets the criteria in AMC §7.16.030(c)(1) that the Joint Public Safety
Facility as designed provides an essential public benefit of fire and police protection and other
locations are not feasible or practical due to the proximity to the I-70 interchange and minimum size and access requirements for the Joint Public Safety Facility; and
WHEREAS, development in District 13:Nottingham Road Commercial District in
accordance with the Application will provide for orderly growth in accordance with the policy
and goals set forth in the Comprehensive Plan;
WHEREAS, the Application provides flexibility with site design and building form that are in response to changing circumstances in District 13: Nottingham Road Commercial District; and
WHEREAS, it is the Town Council’s opinion the health, safety and welfare of the citizens
by locating essential public safety services in an appropriate location of Town, sized accordingly
with a 50 year design; 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. Comprehensive Plan Amendment. The Comprehensive Plan is hereby amended
to modify language in District 13: Nottingham Road Commercial District, as attached (“Exhibit
A to Ordinance No. 16-09”).
Ord 16-09 Comp Plan Amendment for District 13: Nottingham Road Commercial FIRST READING - May 10, 2016 Page 2 of 4
Exhibit A
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
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 in no event 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 16-09 Comp Plan Amendment for District 13: Nottingham Road Commercial FIRST READING - May 10, 2016 Page 3 of 4
Exhibit A
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on May 10, 2016 and setting such public hearing for May 24, 2016 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 24, 2015.
BY: ATTEST:
____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Ord 16-09 Comp Plan Amendment for District 13: Nottingham Road Commercial FIRST READING - May 10, 2016 Page 4 of 4
Exhibit A
Town District Planning Principles Medium Priority Districts
Town of Avon Comprehensive Plan
Page 93
District 13: Nottingham Road Commercial District
This area’s proximity to the I-70/Avon Road Interchange
establishes its importance to the Town’s identity. Development and redevelopment that occurs here should reflect the standards
in the Town Center, but should not compete with the Town Center in terms of size of buildings or intensity of development.
Planning Principles:
Limit access points on Nottingham Road to simplify traffic movements.
Require landscape setbacks and internal landscaping of parking lots.
Screen all equipment and storage areas from view.
Limit building heights and setbacks to that which is
compatible with the existing surrounding development.
Allow a building height of up to 60’ on Lot 1B, Buck
Creek Subdivision (zoned Public Facility), for a joint public safety facility, and allow scale and proportion in response to the adjacent medical office building height
and scale.
Development intensity and activity should diminish when
traveling north on Buck Creek Road.
A secondary
commercial
district.
Exhibit A to Ordinance No. 16-09
April 5, 2016 PZC Meeting – Joint Public Safety 1
Staff Report
Meeting Date April 5, 2016
Project type Comprehensive Plan Amendment
Prepared By Matt Pielsticker, Planning Director
Staff Report Overview This staff report contains one application for consideration by PZC:
CPA16003: Comprehensive Plan Amendment for Nottingham Road Commercial District.
Application Purpose 7.16.030 Comprehensive Plan Amendment
The amendment process is established in order to provide flexibility in response to changing
circumstances, to reflect changes in public policy, and to advance the general welfare of the Town.
Introduction The Applicant, Goulding Development Advisors, LLC, is proposing a Comprehensive Plan
Amendment for District 13: Nottingham Road Commercial District. The proposal is submitted in
conjunction with the Major Development Plan application for a joint public safety facility and
proposes to modify the language of District 13: Nottingham Road Commercial District to address
dimensional standards of the public safety facility.. Attached to this Staff Report is a strikethrough of the Avon Comprehensive Plan that shows the proposed changes.
According to the Avon Municipal Code Table §7.20.080(e), the PF district is “intended to provide
sites for public uses such as community centers, police and fire stations and governmental facilities.
The uses permitted in this district are identified by location in the Avon Comprehensive Plan. Unless otherwise set forth in the Avon Comprehensive Plan, the following dimensional
requirements shall apply for the PF zone district”:
This application is being submitted because the Major Development Plan includes heights exceeding that currently specified above for the PF zone district, and one of the side setbacks is less
than 20 feet.
Process The PZC will recommend approval or denial of this application to the Town Council at the April 5, 2016 hearing, and will be considered for final review by Town Council at a hearing scheduled for
May 10, 2016.
Review Criteria
Exhibit B
April 5, 2016 PZC Meeting – Joint Public Safety 2
The review procedures for this application are governed by the Development Code. According to the AMC §7.16.030(c), Review Criteria, the following criteria must be considered prior to
formulating a recommendation to the Avon Town Council:
(1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible
or practical;
Staff Response: The surrounding area is generally commercial in nature, and the Buck Creek
drainage separates and buffers the property from the Walking Mountains residential and
educational land uses. The Civic/Public land use designation within the Avon Comprehensive Plan
specifies that public land uses should be evaluated separately based on compatibility with adjacent
uses.
The site layout of this project was designed at a conceptual level during the review of the Medical
Office Building on Lot 1A to ensure compatibility and suitability of each property for the intended
land uses. At that time, the setbacks and compatibility between properties was reviewed and found
to be appropriate. The land uses are compatible in terms of use, size layout, and massing.
(2) Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment;
Staff Response: Allowing flexible development standards for properties within the Nottingham
Road Commercial District should not impact transportation infrastructure or resultant demand in
the area. There was a transportation study provided at the time of rezoning and that study remains
valid. The study contemplated buildout of both properties and modeled their resultant potential
impact on surrounding infrastructure.
According to the study provided by Charles Buck, a traffic engineer with Feldburg, Hult and
Ullevig, the development will generate approximately 1,870 vehicle trips per day (VPD), increasing
the traffic on Nottingham Road from 12,100 VPD to 13,970 VPD, an increase of 15%. The traffic
study concluded that the additional traffic generated will not increase congestion on Nottingham
Road. The traffic will cause minor delays to vehicles attempting to make a left hand turn from Swift
Gulch Road and Buck Creek Road onto Nottingham Road. This issue already exists and will
slightly increase as a result of the development.
Emergency vehicles causing long delays and back-ups on Nottingham Road when exiting is not
expected to be significant since currently the delays when the emergency vehicles enter Avon Road
at Benchmark Road are not, a roundabout with 28,042 VPD, twice the volume than Nottingham
Road. The Town is committed to maintaining a safe road system and will hire a traffic engineer to
evaluate Nottingham Road and the Swift Gulch Road and Buck Creek Road intersections once the
two projects are complete and buildings occupied.
(3) Public services and facilities have adequate current capacity, or planned capacity, to serve
the land use proposed in the plan amendment;
Staff Response: The land uses within the Nottingham Road Commercial District can be adequately
served by public services. Water and wastewater requirements have been evaluated by the Water
District and the property can be served.
Exhibit B
April 5, 2016 PZC Meeting – Joint Public Safety 3
(4) The proposed land use in the plan amendment will result in a better location or form of
development for the Town, even if the current plan designation is still considered appropriate;
Staff Response: The land uses and program for Lot 1A and Lot 1B, Buck Creek, were studied in
detail by Davis Partnership Architects in early 2015. This site itself is strategically located near the
Interstate, with quick access to areas where first responders frequent. Allowing a taller building
height and some reduced areas of side setback result in a more efficient use of the land, and forms
that are in context with the surroundings.
(5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan;
Staff Response: Adherence to the current plan and dimensional requirements of the PF zone
district would result in a situation neither intended nor in keeping with other elements of the plan.
The 40’ height limit would limit the ability to house a fire station with training facilities. It should
be noted that the training tower element was part of the original Buck Creek PUD for Lot 1A
(previously about 150’ to the south) and is suitable for this project.
(6) The proposed plan amendment will promote the purposes stated in this Development
Code; and,
Staff Response: The Purposes stated in the Development Code are achieved with the siting and
development of the properties for valuable public safety facilities in a site layout and scale
appropriate for buildout of the community.
(7) The proposed plan amendment will promote the health, safety or welfare of the Avon
Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan.
Staff Response: The plan amendment is supported by the Comprehensive Plan policies (as stated in
the application), and will help to ensure that essential public safety facilities are provided near the
people who use them, at a scale appropriate for future buildout potential of the community. Staff Recommendation for CPA16003 Comprehensive Plan Amendment Staff recommends approving the Resolution 16-03, recommending approval of a Comprehensive
Plan Amendment application for the Nottingham Road Commercial District.
Recommended Motion: “I move to approve Resolution 16-03, a resolution recommending that the Town Council approve
the Comprehensive Plan Amendment for the Nottingham Road Commercial District.”
Attachments A: District 13: Nottingham Road Commercial District Strikethrough B: Project Narrative
C: Resolution 16-03
Exhibit B
Town District Planning Principles Medium Priority Districts
District 13: Nottingham Road Commercial District
This area’s proximity to the I-70/Avon Road Interchange establishes its importance to the Town’s identity. Development
and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town
Center in terms of size of buildings or intensity of development.
Planning Principles:
Limit access points on Nottingham Road to simplify traffic
movements.
A secondary commercial
district
Require landscape setbacks and internal
landscaping of parking lots.
Screen all equipment and storage areas from view.
Limit building heights and setbacks to that which is compatible with the existing surrounding development.
(Allowing Building Heights up to 60’ with scale and
proportion in response to the Medical Office Building height and scale.)
Development intensity and activity should diminish when traveling north on Buck Creek Road.
Town of Avon Comprehensive Plan
Page 93
Exhibit A
_________________________________
Lot 1B Narrative
Avon Public Safety Facility
_________________________________
Submittal Date: March 02, 2016
Exhibit B
Applicant:
Eagle River Fire Protection District
PO Box 2308
Avon , CO 81632
(970) 331-1732
Consultants:
Architecture/Landscape Architecture
Davis Partnership Architects
2901 Blake Street, Suite 100
Denver , CO 80205
(303) 861-8555
Civil Engineer
Martin / Martin
0101 Fawcett Road, Suite 260
Avon, CO 81620
(970) 926-6009
Lot 1B highlighted in aerial shown above
Exhibit B
Lot 1B
Applicant’s Written Statement
Specific Reasons for the Site
Eagle River Fire Protection District, the Applicant, is planning to develop a Public Safety Facility on Lot
1B. Lot 1B is currently zoned PF, Public Facilities. It was part of the Buck Creek PUD and identified as a
Fire Station and an Administration Building on Lot 1A prior to the Nexcore Medical Office Building
project. Lot 1B was removed from the PUD and rezoned to the PF Zone District. The plans for a Fire and
Administration Building were then identified as more suitable to the Lot 1B site. The PF district is
intended to provide sites for public uses such as community centers, police and fire stations and
governmental facilities. The uses permitted in this district are identified by location the in Avon
Comprehensive Plan. The PF district includes a building height restriction of 40 feet. The building height
of Applicant’s development plan has a Fire Training tower that is 57’ tall. The remainder of the building
is a three story facility. The portion that is two stories will conform to the 40’ height but the portion of
the three stories is at 48’-5” height. The Applicant would like to modify the Avon Comprehensive Plan to
allow the 48’-5” for the building and 57’ height for the Fire Training tower.
The existing Utility Easement on the east will be adjusted to accommodate parking and retaining walls.
The easement adjustment will run through a concurrent process that will reduce the current width from
30’ to 20’.
The PF zone required setbacks on all sides are 20’. The Applicant would like to modify the Avon
Comprehensive Plan to allow a 7.5’ building setback on the west side. The shared property line with Lot
1A allows a 0’ setback for their MC zone, but the development provided 7.5’ along the majority of the
shared property line. The revised property line pushed towards Lot 1A but still left a 4’ setback bringing
the total landscaped area between properties to 11.5’ to the building overhang. This setback along the
shared west property line is to accommodate the fire parking bays, driveway and building eave
overhang.
Per the PF zone parking use type is determined by the director based on standards for the closest
comparable use. The Applicant is proposing 48 spaces to be used for current use and future expansion.
The numbers were determined by staff from both facilities based on needs. The applicant also used a
comparison to other public buildings and fire/police stations in seventeen other communities. Many
mountain communities determined the number of spaces to be by a jurisdiction authority, others were
based on count of beds and SF calculations. The proposed building is broken down by 8 beds, 10,300 sf
of police office space and 14,000 sf of fire administration.
Assessment of Impacts on Town Services
Assessing the impacts on Town services by comparing the current and proposed use of Lot 1B, involves
the comparison of the relative impacts of the Public Safety Facility development where an existing
vacant lot stands. Many of the below services were evaluated at the time of development of Lot 1A and
included a Public Facility.
Transportation. The existing Transportation Study was updated to account for the traffic generated by
Lot 1A (medical office use) and included anticipated traffic for Lot 1B.
Exhibit B
Water. The estimated water consumption for Applicant’s Public Safety Facility use is less than what the
original multi-family units would have consumed under the old PUD for 1B. The Buck Creek PUD
submittal, dated January 16, 2009, estimated the annual water usage intensity of 11 multi-family units
(townhomes) at 3.696 ac. ft./yr. For the Public Safety Facility the Applicant is providing an estimate of
water consumption based historical data from buildings of similar size and use in its portfolio. The
Applicant estimates that its 24,300 square foot Public Safety Facility will have an annual water usage
intensity of 1,400 gal./day, which equals 1.57 ac. ft./yr.
Sewer. The ERW&SD has adequate capacity to treat the wastewater estimated for Applicant’s proposed
use. Do we have documentation (will call) letters from all the services?
Schools. The proposed project will have no impact on schools.
Emergency Services. Development of Lot 1B as a Fire and Police facility will provide emergency services
central to the area but is not expected to place more demand on these services. Police and Fire use is for
employee and some public use. Police employees are stationed at the office full time and patrol cars
come and go at all times of day and night. Public will only park on site between 8am and 5pm as those
are the police station business hours. Fire employees live at the fire station on 48 hour shifts and park
on site as do their visitors. In the case of an emergency situation fire trucks would dispatch from the
south apron out of the apparatus bay on to Swift Gulch Road and on to their destination. Police would
dispatch, if necessary, from the parking lot to Buck Creek Road. If the exit to Buck Creek is blocked, an
emergency ramp is provided onto Swift Gulch Road.
Police. Development of the project will place Police central to the community but is not anticipated to
require a greater demand
Parks and Recreation. The project will result in no impact on parks and recreation.
Medical. The project will not affect emergency response times throughout the valley and will be
accessible for public services for the Town of Avon and its residents.
Library. The proposed project will have no impact on the library.
Response to Mandatory Review Criteria in
Section 7.16.030(c) of the Town of Avon Municipal Code
(1)
The surrounding area is compatible with the land use proposed in the plan amendment or
the proposed land use provides an essential public benefit and other locations are not
feasible or practical;
The proposed Land Use is a Public Facility and zoned for such. This proposed land use
conforms to the definition if Civic/Public currently within the Avon Comprehensive Plan as;
Civic/Public – Public areas are intended to contain uses related to community services,
such as fire stations, schools, community centers, hospitals, municipal centers,
recreation centers, police stations, and municipal maintenance yards. Each proposed
public use should be evaluated separately in terms of its land area and topographical
constraints, as well as its compatibility with adjacent uses.
Exhibit B
The proposed development was determined within the Buck Creek PUD to be a
compatible land use and was planned for a fire station and administration building. The
accompanying MDP document for the Fire and Police building shows that this building
land area and topographic constraints will work if a portion of the building is three
stories. The three story portion will need to be taller than the current allowed height.
The fire tower exceeding the height limit was anticipated for and incorporated into the
original Buck Creek PUD prior to the rezone to the PF district.
District 13: Nottingham Road Commercial District
This area’s proximity to the I-70/Avon Road Interchange establishes its importance to the
Town’s identity. Development and redevelopment that occurs here should reflect the
standards in the Town Center, but should not compete with the Town Center in terms of size
of buildings or intensity of development.
Planning Principles:
• Limit access points on Nottingham Road to simplify traffic movements.
The proposed development is planned to share the existing access point from Buck
Creek Road and has no access to Nottingham Road. The Buck Creek Road access is
shared by Lot 1A. Emergency exit only access from Swift Gulch Road is proposed.
• Require landscape setbacks and internal landscaping of parking lots.
The proposed development plans for landscaping to be accomplished within areas of
the parking lot and property setbacks as well as maintaining existing landscape and
native areas around the undeveloped portion of the property. The request for a
reduced setback between Lot 1A and Lot 1B is reduced from code but greater than what
is required on Lot 1A. This area is intended to be landscaped.
• Screen all equipment and storage areas from view.
All equipment and storage areas will be screen from public roads and from view with
plantings and structures as required.
• Limit building heights to that which is compatible with the existing surrounding
development.
Although the request for the third story and the fire tower to exceed the height limit set
in the PF Zone of 45’, the height is lower than the adjacent Lot 1A property of 60’,
including the fire tower. The development will be compatible with the existing
surrounding development adjacent in height (less than) and materials.
• Development intensity and activity should diminish when traveling north on Buck
Creek Road.
The proposed development will have emergency fire access exiting onto Buck Creek
Road. Police access is intended to be from the shared drive from Buck Creek Road. The
police will use this road except in the rare circumstances it is blocked
(2)
Exhibit B
Transportation services and infrastructure have adequate current capacity or planned
capacity, to serve potential traffic demands of the land use proposed in the plan
amendment;
The Transportation Study completed for Lot 1A indicates that the development will not
cause traffic congestion nor degrade level of service on Avon roadways to an
unreasonable degree. According to the Lot 1A Transportation Study, peak traffic
demands will not reduce the level of service on roadways and intersections below an
acceptable standard and since the fire and police do not produce heavy traffic demands
the same will be true of Lot 1B. The Applicant’s proposed development plan will
adequately address the effective coordination of pedestrian and vehicular
transportation in a manner that is attractive aesthetically.
(3)
Public services and facilities have adequate current capacity or planned capacity to serve
the land use proposed in the plan amendment;
The fire and police station use is a less intensive use with respect to water consumption,
wastewater service, schools, library, parks, and recreation than multi-family residential
and was planned for within the Buck Creek PUD. The Town has adequate facilities to
serve the proposed development without diminishing service to existing developments.
The ERW&SD has the capacity to handle the water and wastewater requirements.
(4)
The proposed land use in the plan amendment will result in a better location or form of
development for the Town, even if the current plan designation is still considered
appropriate;
Lot 1B land is suitable for the proposed development of a fire and police station. Having
this location is conveniently situated in the Town of Avon and is beneficial to Avon
residents. The proposed development plans are not likely to result in any adverse
impacts on other properties in the vicinity. If any impacts were deemed to be adverse,
these are unlikely to be significant. Traffic and site lighting have been considered to
identify any possible adverse effects on other property in the vicinity of the subject
tract.
(5)
Strict adherence to the current plan would result in a situation neither intended nor in
keeping with other key elements and policies of the plan;
The original Buck Creek PUD included the exception of a fire tower to be 60’ tall. When
Lot 1A and Lot 1B were switched and the fire police station was moved to Lot 1B, the
site was taken out of the Buck Creek PUD and rezoned to PF (Public Facility). The
original intention was for a fire and administrative building, but now includes a fire and
police station. In order to meet the program requirements of the fire and police
services, a portion of the building is three stories and the fire tower is still needed. This
causes the request to exceed the height limits in this zone district. The adjacent Lot 1A
has a 60’ height limit. In addition, the footprint requirements of the garage bay to
house the fire equipment and the exiting topography of the site require the
encroachment of the side setback by XX’.
(6)
Exhibit B
The proposed plan amendment will promote the purposes stated in this Development
Code; and
The Applicant understands that the Town of Avon’s entitlement process requires evidence of
substantial compliance with the purpose of the Development Code. The purposes and goals
of the Development Code are described in Section 7.04.030 (a) through (p), and the Applicant
is addressing these items in order as follows:
(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;
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;
Project is in compliance with current PF Zone District. The PF district is intended to provide
sites for public uses such as community centers, police and fire stations and governmental
facilities.
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
The proposed project is compatible with the Avon Comprehensive Plan and other applicable
planning documents of the Town, as described herein:
District 13: Nottingham Road Commercial District
This area’s proximity to the I-70/Avon Road Interchange establishes its importance to the
Town’s identity. Development and redevelopment that occurs here should reflect the
standards in the Town Center, but should not compete with the Town Center in terms of size
of buildings or intensity of development.
Planning Principles:
• Limit access points on Nottingham Road to simplify traffic movements.
This project is planned to have no entrances to the development from Nottingham Road. This
also is consistent with the Buck Creek PUD which this site was once a part of. Entrance from
Buck Creek Road will serve Parcel 1B.
Sidewalks are going to connect to existing sidewalks on the medical office building site and
terminate at the property line going up Swift Gulch Road.
• Require landscape setbacks and internal landscaping of parking lots.
Exhibit B
Following the PF Zone, Parcel 1B will respect the natural features of the site and provide
additional landscaping, following code for any future development.
• Screen all equipment and storage areas from view.
The geometry of the roof and the natural terrain of the site will allow the proposed
development to screen all equipment and storage areas from view. This will be demonstrated
further in the development plan.
• Limit building heights to that which is compatible with the existing surrounding
development.
This project will follow the PF zoning by reducing the massing and present a frontage that is in
scale with the neighboring development. The PF zone allows a building that is 40’ from finish
floor, but the planned building will have a tower that is at 57’-0” above finished floor. The
location of the building will place the long side facing Swift Gulch, and there is an opportunity
to step back the upper levels to reduce massing.
• Development intensity and activity should diminish when traveling north on Buck Creek
Road once the MOB and Public Safety Facility are completed.
Per the PF zoning the most intense uses, this development will be located at the Nottingham
Road/Swift Gulch Road intersections. With this project, the land use planning will not change
that configuration and will honor the goal of the intensity of the overall development
diminishing north along Buck Creek Road.
(c) Comply with the purposes stated in state and federal regulations which authorize the
regulations in this Development Code;
The Applicant’s Development Plan submittal indicates compliance with the Development
Code and the state and federal regulations authorizing the 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;
The Applicant’s Transportation Study completed for 1A indicates that the development of
these lots will not cause traffic congestion nor degrade level of service on Avon roadways to
an unreasonable degree.
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
The proposed development of Lot 1B will not hinder the promotion of adequate light, air,
landscaping and open space. Development of Lot 1B in the PF District will assist the Town of
Exhibit B
Avon in avoiding undue concentration or sprawl of population. The Applicant’s Development
Plan submittal indicates compliance with Development Code requirements in connection with
light, air, landscaping and open space.
(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;
Development in the PF Zone fosters a planned and orderly use of land. The development of
Lot 1B will encourage a high quality of life by bringing additional high quality public safety
facilities services and emergency response times to the Town of Avon. The Applicant’s
Development Plan will meet Town of Avon standards for environmental protection, as
required by the Development Code.
(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;
The proposed development in PF Zone enables the Applicant to improve the access to high
quality public safety for the residents of the Town of Avon. This enhancement of public safety
in the Town can be developed efficiently and without degrading levels of government
services to residents. The results of applicant’s studies of traffic, water consumption and
sewage treatment all indicate that the development will reduce the strain on government
services and 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;
Applicant’s development of Lot 1B poses no increase in risk due to natural hazards. The civil
engineering associated with the development plan is intended to minimize the risks to
people, structures, and public infrastructure described herein.
(i) Achieve or exceed federal clean air standards;
Applicant’s development plan is expected to meet 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;
Exhibit B
Applicant’s development plan will incorporate the necessary features to maintain the existing
watershed and mitigate adverse consequences of stormwater runoff. The stormwater will be
treated for water quality before discharge into Buck Creek.
(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;
The proposed development would provide a beneficial service to residents and tourists in
need of convenient, shorter response time public safety. Development of Lot 1B will not
impair scenic beauty, or consume areas of historical or archeological importance.
(l) Promote architectural design which is compatible, functional, practical and complimentary
checking to Avon's sub-alpine environment;
The architecture of the development plan and design solution will be sensitive to the context
of the immediate environs and the larger Avon community. Materials will be of a quality to
last within the existing environment and chosen based on the influences from the immediate
context of the natural area and visual connection to the Avon Community.
(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;
The Applicant understands the objectives of efficiency in engineering and design, and is
experienced in developing healthcare facilities that reduce waste and are environmentally
responsible.
(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 stages and promotes a balanced, diverse and stable full time residential community which
is balanced with the visitor economy;
The proposed public safety facility development will create a work environment for several
paying jobs for highly trained and educated individuals.
(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
The Applicant develops only high quality police and fire real estate assets. Applicant expects
to comply with all applicable codes and regulations as it rezones and develops Lot 1B.
Exhibit B
(p) Promote the health, safety and welfare of the Avon community.
The professionals and services of the public safety facility are intended to promote the health
and welfare of the community. The development plan will be designed and implemented in a
way that contributes to a safe community environment for public, visitors, staff, pedestrians
and vehicular transportation.
(7) The proposed plan amendment will promote the health, safety or welfare of the Avon
Community and will be consistent with the general goals and policies of the Avon
Comprehensive Plan.
Consistency with the Avon Comprehensive Plan.
District 13: Nottingham Road Commercial District
This area’s proximity to the I-70/Avon Road Interchange establishes its importance to the
Town’s identity. Development and redevelopment that occurs here should reflect the
standards in the Town Center, but should not compete with the Town Center in terms of size
of buildings or intensity of development.
Planning Principles:
• Limit access points on Nottingham Road to simplify traffic movements.
This project is planned to have no entrances to the development from Nottingham Road. This
also is consistent with the Buck Creek PUD. The main entrance from Buck Creek Road will
serve all vehicular traffic public and employees. The fire truck exit will be onto Swift Gulch as
will be the Police emergency exit. The Police Sally Port entry and exit will be accessed from
Swift Gulch.
• Require landscape setbacks and internal landscaping of parking lots.
Following the PF Zone, Parcel 1B will respect the natural features of the site and provide
additional landscaping around the proposed development following code and best practices.
• Screen all equipment and storage areas from view.
The geometry of the roof and the natural terrain of the site will allow the proposed
development to screen all equipment and storage areas from view. This will be demonstrated
further in the development plan.
• Limit building heights to that which is compatible with the existing surrounding
development.
Exhibit B
This project will follow the PF zoning by reducing the massing and present a frontage that is in
scale with the neighboring development. The PF zone allows a building that is 40’ from finish
floor, but the planned building will have a tower that is at 57’-0” above finished floor. The
location of the building will place the long side facing Swift Gulch, and there is an opportunity
to step back the upper levels to reduce massing.
• Development intensity and activity should diminish when traveling north on Buck Creek
Road.
Per the PF zoning the most intense uses, this development will be located at the Buck Creek
Road/Swift Gulch Road intersections. With this project, the land use planning will not change
that configuration and will honor the goal of the intensity of the overall development
diminishing north along Buck Creek Road.
Conformity with the Town of Avon Plan Goals
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.
The addition of a public safety facility use will provide a convenient location for high quality fire
fighter response times to the community. A public safety facility can be used year round and
provide an essential service to both residence and visitors.
Goal C.1.2 - Ensure each development contributes to a healthy jobs/housing balance in the
Town and surrounding area.
The proposed public safety development will provide an employment opportunity for both
existing and future residents of Avon. The location balances with the proposed residences
planned for the remainder of the Buck Creek PUD planning area.
Goal C.1.6 - Include sufficient land for public uses such as schools, recreation, community
facilities (such as childcare), and government services near the people who use them.
The proposed public safety facility will serve the majority of the Avon community.
Goal D.1.1 - Encourage creative, forward thinking development consistent with adopted
plans.
The planned public safety facility building use is a forward thinking safety opportunity to Avon
that benefits the public. This type of development upholds the town’s goals and policies for
the benefit the community.
Exhibit B
Goal D.2 - Create community gateways and streetscapes that reflect and strengthen Avon’s
unique community character and image.
The proposed public safety facility building along with the medical office building on the
adjacent parcel will become a landmark for the immediate neighborhood and serve as a
gateway to Nottingham Road.
Goal H.3.4 - Ensure outdoor lighting does not create undesirable light pollution and complies
with the “Dark Sky Ordinance”. Revisit the ordinance as needed to ensure it is achieving the
desired goals.
The proposed development within the site will comply with the “Dark Sky Ordinance”.
Exhibit B
E
x
h
i
b
i
t
C
Ex
h
i
b
i
t
C
Page 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Asst. Town Manager
Date: May 10, 2016
Re: 2016 Supplemental Budget Amendment Resolution No. 2016-18
Action Before Council
A capital projects fund budget amendment is before Town Council in order to appropriate the funds
necessary for the real estate closing on the Mountain Vista Office Building that will be used as the
new Avon Town Hall. Closing is scheduled for May 20. The purchase price is $1.5 million plus
estimated closing costs of $25,000 for a total new appropriation of $1,525,000. These funds have
previously been held as assigned fund balance.
Proposed Motion
“Move to approve Resolution 2016-18, a Resolution Summarizing Expenditures and Revenues by
Fund and Amending the 2016 Capital Projects Fund Budget for the Town of Avon for the Calendar
Year 2016”.
Summary
It is anticipated that staff will come back to Council at a future date with another supplemental
budget amendment for the Capital Project fund for the design and construction of the tenant
finishes.
Attachments:
1. Resolution No. 2016-18
2. Capital Projects Fund Supplemental Amendment No. 2
Res. No. 16-18
May 10, 2016 Page 1 of 2
TOWN OF AVON, COLORADO
RESOLUTION NO. 16-18 SERIES OF 2016
A RESOLUTION TO AMEND THE 2016 TOWN OF AVON CAPITAL
PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2016 CAPITAL PROJECTS FUND BUDGET FOR
THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR
BEGINNING ON THE FIRST DAY OF JANUARY, 2016 AND ENDING ON THE LAST DAY OF DECEMBER, 2016
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2016 Capital Projects Fund budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for 2016; and
WHEREAS, the Town Council finds it necessary to amend the 2016 Capital
Projects Fund budget to more accurately reflect the revenues and expenditures for 2016; 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 2016:
Res. No. 16-18
May 10, 2016 Page 2 of 2
Original or Previously
Amended
2016 Budget
Current Proposed
Amended
2016 Budget
Capital Projects Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 6,238,773
7,591,906
6,818,614
$ 6,198,817
7,591,906
8,343,614
Ending Fund Balance
$ 7,012,065
$ 5,447,109
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 10th day of May, 2016.
AVON TOWN COUNCIL
By:______________________________ Attest:________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
Page 1
Fund Summary
Original or Proposed
Prev. Amended Revised Difference
Actual Budget Budget Increase
2015 2016 2016 (Decrease)
REVENUES
Taxes 2,369,314$ 2,100,000$ 2,100,000$ -$
Intergovernmental 40,000 1,878,534 1,878,534 -
Investment Earnings 18,167 13,372 13,372 -
Other Revenue 93,246 80,000 80,000 -
Total Revenues 2,520,727 4,071,906 4,071,906 -
Other Sources:
Transfer In from Other Funds 2,095,000 1,020,000 1,020,000 -
Bond Issue Proceeds 3,800,000 2,500,000 2,500,000 -
Total Other Sources 5,895,000 3,520,000 3,520,000 -
TOTAL REVENUES AND OTHER SOURCES 8,415,727 7,591,906 7,591,906 -
EXPENDITURES
Capital Improvements:
Facilities 1,514,981 685,932 2,210,932 1,525,000
Land and Land Improvements 44,632 369,484 369,484 -
Roads and Streets 1,667,152 4,624,684 4,624,684 -
Water Fund Projects - 150,000 150,000 -
Communications and Technology 7,037 63,201 63,201 -
Strategic Planning 51,050 - - -
Other - 5,000 5,000 -
Debt Service:
Bond Issuance Costs 80,569 - - -
Capital Leases 121,769 121,770 121,770 -
Total Expenditures 3,487,190 6,020,071 7,545,071 1,525,000
Other Uses
Operating Transfer-Out - General Fund 1,538,335 219,735 219,735 -
Operating Transfer-Out - Debt Service Fund 578,106 578,808 578,808 -
Total Other Uses 2,116,441 798,543 798,543 -
TOTAL EXPENDITURES AND OTHER USES 5,603,631 6,818,614 8,343,614 1,525,000
NET SOURCE (USE) OF FUNDS 2,812,096 773,292 (751,708) (1,525,000)
FUND BALANCE, Beginning of Year 3,386,721 6,238,773 6,198,817 (39,956)
FUND BALANCE, End of Year 6,198,817$ 7,012,065$ 5,447,109$ (1,564,956)$
Fund Balances
Restricted For:
Street Improvements 2,752,445$ 1,356,333$ 1,492,445$ 136,112$
Asphalt Overlay 240,000 480,000 480,000 -
Assigned For:
Avon Town Hall Relocation 1,425,000 1,500,000 - (1,500,000)
URA Town Center West Improvements - Bond Proceeds - 2,500,000 2,500,000 -
Unassigned and Unreserved 1,781,372 1,175,732 974,664 (201,068)
Total Fund Balances 6,198,817$ 7,012,065$ 5,447,109$ (1,564,956)$
Capital Projects Fund #41 Supplemental Amendment No. 2
Page 2
Original or Proposed
Prev. Amended Revised Difference
Actual Budget Budget Increase
Description 2015 2016 2016 (Decrease)
Taxes:
Penalties and Interest 289$ -$ -$ -$
Real Estate Transfer Tax 2,369,025 2,100,000 2,100,000 -
Total Taxes 2,369,314 2,100,000 2,100,000 -
Intergovernmental:
Federal / State:
MAP-21 Grant (CFDA 20.205)- 1,355,000 1,355,000 -
Local Government / Other:
ECO Grant - Traer Creek Bus Stop (50%)- 30,000 30,000 -
Eagle County Trails Grant - Phase 3 - 453,534 453,534 -
Asphalt Overlay Contributions - TCMD 40,000 40,000 40,000 -
Total Intergovernmental 40,000 1,878,534 1,878,534 -
Investment Earnings:
Interest Earnings 20,633 13,372 13,372 -
Net Increase (Decrease) in Fair Value (2,466) - - -
Total Investment Earnings 18,167 13,372 13,372 -
Other Revenues:
Asphalt Overlay Contributions - Developer 80,000 80,000 80,000 -
Donations and Contributions 10,000 - - -
Project cost Reimbursements 2,194 - - -
Nonclassifed 1,052 - - -
Total Other Revenues 93,246 80,000 80,000 -
Other Sources:
Transfer In from General Fund:
Short-term Loan 1,425,000 - - -
Asphalt Overlay 120,000 120,000 120,000 -
Unassigned General Fund Balance - 150,000 150,000 -
Transfer In from Avon URA - 500,000 500,000 -
Transfer In from Community Enhancement Fund - 100,000 100,000 -
Transfer In from Water Fund - 150,000 150,000 -
Transfer In from Equipment Replacement Fund 550,000 - - -
Bond Issue Proceeds 3,800,000 2,500,000 2,500,000 -
Total Other Sources 5,895,000 3,520,000 3,520,000 -
TOTAL REVENUES 8,415,727$ 7,591,906$ 7,591,906$ -$
Revenue Detail
Capital Projects Fund #41
Supplemental Amendment No. 2
Page 3
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2014 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2015 2016 2016 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Facilities:
General Government Facilities:
11011 Town Hall Acquisition - 2014 5,822$ 27,795$ -$ -$ 33,617$ 33,617$ 33,617$ -
Mountain Vista Office Building - - - 1,525,000 1,525,000 - 1,525,000 1,525,000
Joint Public Safety Facility Project:
12003 Design - 69,606 294,534 294,534 364,140 364,140 364,140 -
I70 Transit / PW Facilities Improvement Project:-
13005 Public Works Facilities (On Site & Lot 5)662,985 41,046 - - 704,031 719,474 719,474 -
Transportation Facilities:
14010 Fleet Maintenance EPDM Roof Replacement - - 80,000 80,000 80,000 80,000 80,000 -
14014 Fleet Maintenance Building Improvements - - 80,000 80,000 80,000 80,000 80,000 -
14011 Transit Bus Shelters (4)- 19,382 140,618 140,618 160,000 250,000 250,000 -
14012 Transit Bus Stop - Traer Creek Plaza 4,490 - 55,510 55,510 60,000 60,000 60,000 -
Cultural and Recreational Facilities:
15012 Nottingham Park Pavilion 2,724,284 1,135,344 - - 3,859,628 3,870,000 3,870,000 -
15013 Recreation Center Exterior Renovation - 52,902 - - 52,902 52,750 52,750 -
15014 Recreation Center - Remodel - Phase 2 - 96,530 - - 96,530 98,530 98,530 -
15015 Recreation Center - Bouldering Wall - 48,646 - - 48,646 50,000 50,000 -
15016 Recreation Center - Slide Refurbishment - 23,730 35,270 35,270 59,000 59,000 59,000 -
Land and Land Improvements:
21016 Nottingham Park Zone C Improvements - Playground De 3,966 - 71,034 71,034 75,000 975,000 975,000 -
21017 Nottingham Park - Restroom Remodel - - 260,400 260,400 260,400 260,400 260,400 -
21021 Fishing Pier Repairs - 44,632 - - 44,632 75,000 75,000 -
21022 Eagle River Whitewater Park Repair - - 10,000 10,000 10,000 10,000 10,000 -
21023 Eaglebend Affordable Housing Landscaping Project - - 28,050 28,050 28,050 28,050 28,050 -
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41 Supplemental Amendment No. 2
Page 4
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2014 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2015 2016 2016 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41 Supplemental Amendment No. 2
Roads and Streets:
Streetscape Improvements
31014 Avon Rd. Streetscape Update 242,052 27,683 - - 269,735 252,052 252,052 -
31015 2014 Mall Improvements 1,789,645 54,820 - - 1,844,465 1,992,703 1,992,703 -
31018 Post Blvd. Landscaping Improvements 308,986 2,320 25,000 25,000 336,306 363,986 363,986 -
31019 Post Blvd. Electrical Assessment and Street Lights 44,401 28,541 - - 72,942 78,000 78,000 -
31022 Avon Rd. / I70 Overpass Pedestrian Safety Imp.- - 88,000 88,000 88,000 88,000 88,000 -
31024 Roundabout #4 TCW Art Element - 10,000 15,000 15,000 25,000 255,525 255,525 -
31025 2015 Avon Rd. Landscaping Project - 438,130 - - 438,130 485,000 485,000 -
31026 Mall Improvements - Phase 2 - - 15,000 15,000 15,000 240,000 240,000 -
35003 Roundabout #4 TCW Feature 75,343 1,718 - - 77,061 60,000 60,000 -
New Wayfinding Signage - - 45,000 45,000 45,000 45,000 45,000 -
Annual Street Maintenance and Repair:
33015 2015 Paving/Road Improvements - 717,372 - - 717,372 729,684 729,684 -
32016 Buck Creek Bridge Repair - 280,865 - - 280,865 280,865 280,865 -
34025 West B/C Blvd. Pedestrian Crossing - 49,318 15,000 15,000 64,318 64,318 64,318 -
34032 West B/C Blvd. Slurry Seal - Lake Street to US 6 - - 150,000 150,000 150,000 150,000 150,000 -
32018 Post Blvd. Settlement Repair - - 75,000 75,000 75,000 75,000 75,000 -
32019 Wildwood Road Repair - - 75,000 75,000 75,000 75,000 75,000 -
Street Improvements
34014 Metcalf Bike Lane - Phase 1 - 32,883 827,117 827,117 860,000 860,000 860,000 -
32017 Metcalf Bike Lane Overlay - - 400,000 400,000 400,000 400,000 400,000 -
34033 Walkability - East & West B/C Blvd.- 1,254 203,746 203,746 205,000 2,705,000 2,705,000 -
New 2016 Safety Improvements - West B/C Blvd - - 30,000 30,000 30,000 30,000 30,000 -
New West B/C Blvd. RR Crossing Improvements - - 10,000 10,000 10,000 10,000 10,000 -
Multi-Modal/Alternative Mobility:
34015 Eagle Valley Trails - Phase 3 10,341 22,248 2,427,411 2,427,411 2,460,000 2,460,000 2,460,000 -
34016 Eagle Valley Trails - Undergrounding Project - - 100,000 100,000 100,000 100,000 100,000 -
Recreational Trails Program:
34026 Trails Master Plan - - 23,410 23,410 23,410 23,410 23,410 -
34027 Soft and Hard Surface Trail Improvements - - 100,000 100,000 100,000 150,000 150,000 -
Page 5
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2014 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2015 2016 2016 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41 Supplemental Amendment No. 2
Water Fund Projects:
21020 Pumphouse Pump Replacement - - 150,000 150,000 150,000 150,000 150,000 -
Strategic Planning:
79111 Space Needs Analysis - 26,249 - - 26,249 30,000 30,000 -
79112 Tract G Feasibility Study - 24,801 - - 24,801 30,000 30,000 -
Communications and Technology:
81008 Fullcourt - - 60,000 60,000 60,000 60,000 60,000 -
81010 Timekeeping Software and Peripheral Devices 24,762 7,037 3,201 3,201 35,000 35,000 35,000 -
Other:
93012 Historical Preservation - - 5,000 5,000 5,000 5,000 5,000 -
Total Capital Improvement Projects 5,897,077$ 3,284,852$ 5,898,301$ 7,423,301$ 16,605,230$ 19,349,504$ 20,874,504$ 1,525,000$
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Jim Horsley, Project Engineer
Eric Heil, Town Attorney
Meeting Date: May 10, 2016
Agenda Topic: Resolution No. 16-15, Approving Holy Cross Energy Underground Right-Of-Way
Easement and Trench, Conduit, and Vault Agreement for the Eagle Valley Trail
Construction Project
ACTION BEFORE COUNCIL
Review and approve Resolution No. 16-15, Approving Holy Cross Energy Underground Right-Of-Way
Easement and Trench, Conduit, and Vault Agreement for the Eagle Valley Trail Construction Project.
PROPOSED MOTION
I move to approve Resolution No. 16-15, Approving Holy Cross Energy Underground Right-Of-Way
Easement and Trench, Conduit, and Vault Agreement for the Eagle Valley Trail Construction Project.
DISCUSSION
In addition to trail construction, the Eagle Valley Trail Project includes placement of 1,170 feet of
overhead electric and communications lines below ground. The proposed electric conduit routing is
below the trail on Tract A Riverside, Town owned property. The Holy Cross Energy Underground
Right-Of-Way Easement, attached as Exhibit A, is required to facilitate installation of facilities to bury
the existing overhead electric lines and allows the right of access to property to construct, repair,
operate, and maintain underground and aboveground electric facilities. The Trench, Conduit, and
Vault Agreement, attached as Exhibit B, specifies construction and clearance requirements. The
Town Attorney has reviewed and approved the Agreements.
ATTACHMENTS:
Resolution No. 16-15
Exhibit A: Holy Cross Energy Underground Right-Of-Way Easement
Exhibit B: Holy Cross Energy Trench, Conduit, and Vault Agreement
RESOLUTION NO. 16-15 APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY
EASEMENT ACROSS TRACT A, RIVERSIDE, AVON, COLORADO AND TRENCH,
CONDUIT AND VAULT AGREEMENT
WHEREAS, the Town of Avon is constructing a new segment of Eagle Valley Trail,
regional recreational trail, in partnership and with support from Eagle County and the Colorado
Department of Transportation, and such construction project presents a cost effective opportunity
to underground overhead electrical lines owned by Holy Cross Energy, and Holy Cross Energy has agreed to cooperate with this project;
WHEREAS, the Avon Town Council has determined that the undergrounding of electrical
lines across Tract A, Riverside, Avon, Colorado will improve the aesthetic enjoyment of the
river corridor area and will thereby promote the health, safety and general welfare of the Avon
community; and,
WHEREAS, the Town Council finds that approval of the attached Holy Cross Energy
Underground Right-of-Way Easement Across Tract A, Riverside, Avon, Colorado and approval
of the Trench, Conduit and Vault Agreement will promote the health, safety, prosperity,
convenience and general welfare of the Avon community.
NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the following Holy Cross Energy Underground Right-of-Way Easement Across Tract A, Riverside,
Avon, Colorado (attached to this Resolution as Exhibit A) and the Trench, Conduit, and Vault
Agreement (attached to this Resolution as Exhibit B).
ADOPTED May 10, 2016 by the AVON TOWN COUNCIL
By:_______________________________ Attest:___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Jim Horsley, Project Engineer
Date: May 10, 2016
Re: Amendment to the Intergovernmental Agreement between the Town of
Avon and Eagle County, Colorado Concerning the Avon to Eagle Vail
Recreational Trail Project
ACTION BEFORE TOWN COUNCIL
To review and approve, approve with changes or deny the Amendment to the
Intergovernmental Agreement between the Town of Avon and Eagle County, Colorado
Concerning the Avon to Eagle-Vail Recreation Trail Project.
PROPOSED MOTION
I move to approve the Amendment to the Intergovernmental Agreement between the
Town of Avon and Eagle County, Colorado Concerning the Avon to Eagle-Vail Recreation
Trail Project.
BACKGROUND
In 2011 and 2014, the Town and Eagle County entered into an Intergovernmental
Agreement (IGA) to fund the construction of the Eagle Valley Trail from Avon Road to the
Eagle-Vail I-70 interchange. The Beaver Creek to Stonebridge Drive segment is the last
segment that needs to be constructed as outlined in the IGAs. There is $159,136 of Eagle
County’s funds remaining unspent from the 2014 IGA and this amendment increases Eagle
County’s contribution by $350,000 to $459,136. Eagle County previously contributed
$463,864 to the segments constructed in 2014 over the Eagle River and Beaver Creek.
This IGA memorializes the increased financial contribution that was previously approved
by the ECO Trails Committee and County Commissioners in 2015.
The project was awarded to Ewing Construction at the April 12, 2016 Town Council
meeting and will be constructed this summer.
EXHBIT
Amendment to Intergovernmental Agreement between the Town of Avon and Eagle
County, Colorado Concerning the Avon to Eagle-Vail Recreational Trail Project.
AMENDMENT TO INTERGOVERNMENATL AGREEMENT BETWEEN
THE TOWN OF AVON AND EAGLE COUNTY, COLORADO
CONCERNING THE AVON TO EAGLE-VAIL RECREATIONAL TRAIL PROJECT
THIS AMENDMENT (“Amendment”) is effective as of the ____ day of ___________, 2016, by
and between the Town of Avon, a Colorado municipal corporation, (hereinafter “Town”) and
Eagle County, a body corporate and politic of the state of Colorado (hereinafter “County”).
Collectively the Town and County shall be referred to as the “Parties”.
RECITALS
WHEREAS, C.R.S. 29-20-101 et. seq., encourages intergovernmental agreements through which
local governments cooperate and participate in joint projects; and
WHEREAS, County and Town entered into an Intergovernmental Agreement dated April 19,
2011 (“2011 IGA”) for purposes of shared design, engineering and construction of the Project; and
WHEREAS, the Parties entered into a further Intergovernmental Agreement dated August 19,
2014 (the “2014 IGA”) related to the Project; and
WHEREAS, the Town submitted an additional funding request to County in 2015 which was
approved by County for funding in 2016 and the Parties desire to document the same; and
WHEREAS, the Parties further desire to extend the term of the 2014 IGA as set forth herein.
AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as
set forth below, the Parties agree as follows:
1. Paragraph 2.1 PROJECT FUNDING as set forth in the 2014 IGA is hereby
supplemented and amended by the addition of the following sentence at the end of
paragraph 2.1:
“The Parties agree that at the end of 2015, of the County funds identified in the 2011 IGA and the 2014 IGA, $159,136 of County funds remained for the Project. The
Town made a request for additional funds to the County in 2015, to supplement those
remaining funds. The County approved an additional $350,000 of funding for the
Project such that a total of $459,136 of County funds remain available to the Town in
2016 for the Project. In no event shall County funds for the Project exceed $459,136 as approved in County’s 2016 budget.”
2. Paragraph 6.1 of the 2014 IGA is hereby amended and restated to read as follows:
“6.1 This Agreement will be effective as of the day and year first set forth above and will terminate on December 31, 2016. This Agreement shall automatically renew for
2
Eagle County Amend Term Scope Comp Final 5/14
one year terms (December 31 of each succeeding year) until December 31, 2019
unless earlier terminated as set forth herein.”
3. Capitalized terms in this Amendment will have the same meaning as in the 2014 IGA. To the extent that the terms and provisions of the Amendment conflict with, modify
or supplement portions of the 2014 IGA, the terms and provisions contained in this
Amendment shall govern and control the rights and obligations of the Parties.
4. Except as expressly altered, modified and changed in this Amendment, all terms and provisions of the 2014 IGA shall remain in full force and effect, and are hereby
ratified and confirmed in all respects as of the date hereof.
5. This Amendment shall be binding on the Parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment the day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY COMMISSIONERS
By: ______________________________
Jeanne McQueeney, Chair
Attest:
By: _________________________________
Teak J. Simonton, Clerk to the Board
TOWN OF AVON
By: ____________________________
Jennie Fancher, Mayor
Attest: By:_________________________
Debbie Hoppe, Town Clerk
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, APRIL 12, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 04-12-2016 Minutes Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 3:18 p.m. A roll call was taken and Council members present
were Sarah Smith Hymes, Scott Prince, Megan Burch, Buz Reynolds, and Jake Wolf. Matt Gennett was
absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager
Scott Wright, Police Chief Bob Ticer, Recreation Director John Curutchet, Planning Director Matt Pielsticker,
Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
Mayor Fancher asked to add Resolution 16-14 in support of Colorado HB 1336 “Concerning the Creation of a
Single Geographic Rating Area for Health Insurers to use when Establishing Rates for Individual Health
Insurance Plan.” Mayor Fancher also asked to add a proclamation honoring Phil Struve’s years of service on
the Planning and Zoning Commission. The agenda was approved with suggested changes.
3. PUBLIC COMMENT
Tom Ruemmler asked to provide additional public comment at 8:30 p.m. David Strandjord and Peter
Buckley commented.
4. ACTION ITEMS
START TIME: 00:19:47
4.1. MOUNTAIN STAR WATER TANK
4.1.1 PUBLIC HEARING SECOND READING OF ORDINANCE 16-04, AN ORDINANCE APPROVING THE
ANNEXATION OF THE MOUNTAIN STAR TANK PROPERTY (TOWN ATTORNEY ERIC HEIL)
Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds
moved to approve Ordinance No. 16-04 Annexing the Mountain Star Water Storage Tank Site
Property on first reading; Councilor Burch seconded the motion and it passed unanimously by
those present. Councilor Gennett was absent.
4.1.2 PUBLIC HEARING SECOND READING OF ORDINANCE 16-05, AN ORDINANCE APPROVING A
COMPREHENSIVE PLAN AMENDMENT AND THE ZONING OF THE MOUNTAIN STAR TANK PROPERTY
IN THE PUBLIC FACILITIES ZONE DISTRICT (TOWN ATTORNEY ERIC HEIL)
Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds
moved to approve second and final reading Ordinance No. 16-05 Approving Amendments to the
Town of Avon comprehensive plan and rezoning application for the Mountain Star Tank Site
Property in the Public Facilities Zone District; Councilor Smith Hymes seconded the motion and
it passed unanimously by those present. Councilor Prince requested a maintenance agreement.
Mayor Pro Tem Wolf agreed with the request for a maintenance agreement. Councilor Gennett
was absent.
4.1.3 PUBLIC HEARING ON A 1041 PERMIT FOR THE CONSTRUCTION OF THE MOUNTAIN STAR WATER
STORAGE TANK (PLANNING DIRECTOR MATT PIELSTICKER)
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, APRIL 12, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 04-12-2016 Minutes Page 2
Mayor Fancher opened the Public Hearing and no comments were made. Councilor Smith
Hymes moved to approve the 1041 Permit for construction of the Mountain Star Water Storage
Tank as described in the application materials dated February 12, 2016, and to strike the year
2016 to add 2017, with the following findings and conditions:
Findings
1. The Application was reviewed in accordance with Avon Municipal Code Chapter 7.40, 1041
Regulations, and found to be in conformance with the mandatory review criteria outlined in
Matt Pielsticker’s Staff Report dated April 12, 2016.
Conditions
1. Prior to construction a Grading and/or Building Permit will be obtained from the
Community Development Department.
2. Permit is valid from April 15, 2016 to November 15, 2016.
Councilor Reynolds seconded the motion and it passed unanimously by those present.
Councilor Gennett was absent.
4.2. RESOLUTION 16-08 TO SET NUMBER AND LOCATIONS FOR MOBILE VENDOR CARTS IN NOTTINGHAM PARK
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
Councilor Reynolds moved to approve Resolution 16-08, A Resolution Establishing the Locations for
two (2) Mobile Vendor Carts in Harry A. Nottingham Park; Councilor Smith Hymes seconded the
motion and it passed unanimously by those present. Councilor Gennett was absent.
4.3. FIRST READING OF ORDINANCE 16-07, AN ORDINANCE ALLOWING FOOD TRUCKS TO OPERATE ON TOWN
RIGHT-OF-WAYS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
Councilor Smith Hymes moved to approve Ordinance No. 16-07, an Ordinance Allowing Food
Trucks to Operate on Town Right-of-Ways; Councilor Prince seconded the motion and it passed
unanimously by those present. Councilor Gennett was absent.
4.4.FIRST READING OF ORDINANCE 16-08 AMENDING SECTION 3.98.050(3) OF THE AVON MUNICIPAL CODE
TO EXEMPT GOVERNMENTAL INSTITUTIONS FROM SALES TAX ON CONSTRUCTION MATERIALS
(TOWN ATTORNEY ERIC HEIL)
Councilor Prince moved to approve Ordinance 16-08 Amending Section 3.98.050(3) of the Avon
Municipal Code to Exempt Governmental Institutions from Sales Tax on Construction Materials
on first reading and set a public hearing on May 10, 2016 for second reading; Councilor Burch
seconded the motion and it passed unanimously by those present. Councilor Gennett was absent.
4.5. PUBLIC HEARING ON RESOLUTION 16-12 APPROVING A MINOR PUD AMENDMENT TO THE MINERVINI PUD
(PLANNING DIRECTOR MATT PIELSTICKER)
Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds
moved to approve Resolution 16-12, A Resolution approving File #PUD16002, an Application for a
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, APRIL 12, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 04-12-2016 Minutes Page 3
Minor PUD Amendment to the Minervini PUD; Councilor Prince seconded the motion and it passed
unanimously by those present. Councilor Gennett was absent.
4.6. PUBLIC HEARINGS – REVIEW AND ACTION ON RECOMMENDED 2016 AMENDED BUDGETS
4.6.1. RESOLUTION 16-10 TO AMEND THE 2016 TOWN OF AVON GENERAL, EQUIPMENT
REPLACEMENT AND WATER FUNDS BUDGETS (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
Councilor Gennett arrived at 4:40 p.m.
Mayor Fancher opened the Public Hearing and no comments were made. Councilor
Reynolds moved to approve Resolution 16-10 to amend the 2016 Town of Avon, General,
Equipment Replacement and Water Funds Budgets; Councilor Burch seconded the
motion and it passed unanimously by those present.
4.6.2. PRESENTATION OF TOWN OF AVON 2016 CAPITAL PROJECTS UPDATE
(TOWN ENGINEER JUSTIN HILDRETH)
4.6.3. RESOLUTION 16-11, TO AMEND THE 2016 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
Tab Bonidy and Peter Buckley commented. Mayor Fancher opened the Public Hearing
and no comments were made. Councilor Reynolds moved to approve Resolution 16-11 to
amend the 2016 Town of Avon Capital Projects Fund Budget; Councilor Smith Hymes
seconded the motion and it passed unanimously by those present.
4.7. REVIEW AND ACTION ON A CONSTRUCTION CONTRACT FOR THE REGIONAL TRAIL COMPLETION
(TOWN ENGINEER JUSTIN HILDRETH)
Councilor Reynolds moved to authorize issuance of Notice of Award for the Eagle Valley Trail –
Beaver Creek to Stonebridge Drive project contract to the low bidder, Ewing Trucking &
Construction, LLC, in the amount of $2,189,611; Councilor Burch seconded the motion and it passed
unanimously by those present.
4.8. REVIEW AND ACTION FOR A PRE-APPROVAL OF THE METCALF ROAD BIKE CLIMBING LANE
(TOWN ENGINEER JUSTIN HILDRETH)
Councilor Prince moved to preauthorize issuance of Notice of Award for the Metcalf Road Bicycle
Climbing Lane Project contract, provided the low bid is within budget, as approved in the Town of
Avon 2016 Capital Projects Fund; Councilor Smith Hymes seconded the motion and it passed
unanimously by those present.
Agenda item addition:
Resolution 16-14 in Support of Colorado HB 1336 “Concerning the Creation of a Single Geographic
Rating Area for Health Insurers to use when Establishing Rates for Individual Health Insurance Plan”
Peter Buckley commented.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, APRIL 12, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 04-12-2016 Minutes Page 4
Councilor Prince moved to approve Resolution 16-14 in Support of Colorado HB 1336 “Concerning the
Creation of a Single Geographic Rating Area for Health Insurers to use when Establishing Rates for
Individual Health Insurance Plan.” Councilor Burch seconded the motion and it passed unanimously
by those present
4.9. UPDATE ON VAIL VALLEY TRAILS CONNECTION (RICH CARROLL)
4.10. REVIEW AND ACTION ON A LETTER OF SUPPORT FOR THE VAIL VALLEY TRAILS CONNECTION APPLICATION
IN SUPPORT OF AN IMBA RIDE CENTER DESIGNATION (RICH CARROLL)
Councilor Burch moved to approve the letter of support for the Vail Valley Trails Connection
Application in support of an IMBA Ride Center Designation with Councilor Smith Hymes’ edit;
Councilor Gennett seconded the motion and it passed unanimously by those present.
4.11. PRESENTATION BY HOLY CROSS ENERGY OF 2015 COMMUNITY ENHANCEMENT FUND REBATE
(MANAGER OF MEMBER SERVICE STEVE CASEY)
4.12. INTERVIEWS AND APPOINTMENT OF UP TO FOUR PLANNING AND ZONING COMMISSION MEMBERS
(MAYOR JENNIE FANCHER)
Martin Golembiewski, Kenneth Howell and John Minervini were appointed for 2 year terms.
Jared Barnes was appointed for a 1 year term.
4.13. PUBLIC HEARING SECOND READING OF ORDINANCE 15-11, AN ORDINANCE AMENDING THE AVON
MUNICIPAL CODE TABLE 7.16-1 AND SECTION 7.16.060(H)(1) CONCERNING AMENDMENTS TO
WILDRIDGE PUD APPLICATIONS (PLANNING DIRECTOR MATT PIELSTICKER)
Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds
moved to approve Ordinance 15-11 (Exhibit A), thereby approving Case #CTA15001, an application for
a code text amendment pertaining to the Wildridge Subdivision, to add a new Section
7.16.060(h)(1)(iii) Amendments to Wildridge PUD to the Avon Development Code and edit Table 7.16-1
accordingly, together with the findings of fact; Councilor Prince seconded the motion and it passed
on a 4 to 3 vote. Councilor Burch, Councilor Gennett and Mayor Pro Tem Wolf voted no.
4.14. PUBLIC HEARING SECOND READING OF ORDINANCE 16-06, APPROVING A PURCHASE AND SALE
AGREEMENT OF THE PHASE 1B OFFICE BUILDING, MOUNTAIN VISTA RESORT SUBDIVISION (TOWN
ATTORNEY ERIC HEIL)
Mayor Fancher opened the Public Hearing and Tab Bonidy, Peter Buckley, Kenneth Powell and Clark
Shively commented. Councilor Reynolds moved to approve second and final reading of Ordinance
16-06 Approving the Purchase and Sale Agreement for Lot 4, Mountain Vista Resort Subdivision,
Town of Avon, Colorado; Mayor Pro Tem Wolf seconded the motion and it passed on a 5 to 2 vote.
Councilor Prince and Councilor Gennett voted no.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, APRIL 12, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 04-12-2016 Minutes Page 5
4.15. PUBLIC HEARING SECOND READING OF ORDINANCE 16-03, AMENDING CHAPTER 3.08 OF THE AVON
MUNICIPAL CODE TO ENACT SECTION 3.08.037 TO PROVIDE A TEMPORARY SALES TAX CREDIT FOR THE
INSTALLATION OF RENEWABLE ENERGY COMPONENTS (TOWN ENGINEER JUSTIN HILDRETH)
Mayor Fancher opened the Public Hearing and no comments were made. Councilor Prince
moved to move to approve Ordinance 16-03, An Ordinance Amending Chapter 3.08 of the Avon
Municipal Code to Enact Section 3.08.037 to provide a Temporary Sales Tax Credit for the
Components for Production of Energy from Renewable Sources and a waiver of planning review and
building permit fees for renewable energy projects. Councilor Prince also moved to make the credit
effective on April 13, 2016; Councilor Smith Hymes seconded the motion and it passed unanimously
by those present.
4.16. CONSENT AGENDA
START TIME: 06:02:19
4.16.1. RESOLUTION 16-13, DELEGATING AUTHORITY TO APPOINT ELECTION JUDGES TO THE AVON
TOWN CLERK (TOWN CLERK DEBBIE HOPPE)
4.16.2. APPROVAL OF BUS PURCHASE AGREEMENT BETWEEN THE TOWN OF AVON AND GILLIG, LLC
(TRANSIT DIRECTOR JANE BURDEN)
4.16.3. MINUTES FROM MARCH 22, 2016 MEETING (TOWN CLERK DEBBIE HOPPE)
Councilor Burch moved to approve the Consent Agenda; Councilor Gennett seconded the
motion and it passed unanimously by those present.
5. WRITTEN REPORTS
5.1. 2016-17 TOWN AVON STRATEGIC PLAN QUARTERLY UPDATE ( TOWN MANAGER VIRGINIA C. EGGER)
6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
6.1.AFFORDABLE HOUSING BOARD UPDATE (COUNCILOR MEGAN BURCH)
7. MAYOR & COUNCIL COMMENTS
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, APRIL 12, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 04-12-2016 Minutes Page 6
8. ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 9:25 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 ________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Date: May 10, 2016
Agenda Topic: Public Safety Facility/Police Station & New Town Hall – Development & Finance
Schedules
ACTION BEFORE COUNCIL:
Town staff is meeting on Monday afternoon to prepare the scope of work and schedules for the
financing and construction of the Avon Police Station and finishing of the new Town Hall. We will
provide the work to Council later that day or Tuesday morning for your review and direction at the
meeting.
FISCAL YEAR 2016
FINANCIAL REPORT
May 10, 2016
______________________________________________________________________________________
1. Fiscal Year 2016 Financial Report Cover Memo
2. Sales and Accommodations Tax Reports – February 2016
3. Real Estate Transfer Tax Report and Monthly Detail – March 2016
4. Recreation Center Admissions – March 2016
5. General Fund Year-To-Date Expenditures - March 2016
6. Fleet Maintenance Fund Year-To Date Expenditures - March 2016
7. Transit Fund Year-To Date Expenditures - March 2016
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Kelly Huitt, Budget Analyst Meeting Date: May 10, 2016
Agenda
Topic: Fiscal Year 2016 Financial Report – January/February
SUMMARY
Revenues
SALES TAX
• Sales tax revenue for the month of February is down -$14,245 or -1.81% compared to February
2015, but up .98% compared to the budget. This year-over-year decrease includes $21,170 from
new businesses, and after adjusting for new business growth, -4.49% is the loss in revenue from
existing business for the month. A portion of this loss is attributable to increased February 2015
sales tax related to the Alpine World Ski Championships
• February sales tax collections show considerable increases for the Grocery, Specialty, and Health
category at 10.36%, Sporting Goods Rental/Retail at 12.18%, and Home/Garden with an 8.52%
increase compared to February 2015. However, a few categories had substantial declines:
Miscellaneous Retail decreased -18.26%, Other businesses are down -41.71%, and Service Related
entities declined -72.24%. The decrease in existing business growth from Miscellaneous Retail can
be partially attributed to two entities being re-categorized. The large decrease in the Service
Related category is due to wide variances in returns from interior design and architecture
businesses, which were unusually high in February 2015, coupled with increased returns in
February 2015 from sales tax catch up related to increased compliance. The Other business
category is also down due increased returns in February 2015 from sales tax catch up related to
increased compliance with construction suppliers and contractors.
2014/2015 Growth Growth
Variance Existing Business New Business
Home/Garden 2,950.57 -6.12%14.64%
Grocery, Specialty, Health 17,397.54 6.88%3.48%
Liquor Stores 2,494.31 6.72%0.00%
Sporting Goods Retail/Rental 12,097.37 12.18%0.00%
Miscellaneous Retail (4,578.40)-18.29%0.03%
Accommodations 11,679.93 5.49%1.10%
Restaurants/Bars 954.84 -4.87%5.58%
Other (32,915.76)-42.39%0.67%
Service Related (24,325.46)-72.93%0.69%
Total ($14,245.06)-4.49%2.68%
Category
Sales Tax Monthly Totals - February 2016
ACCOMMODATIONS TAX
• Accommodations tax revenue for February is up $10,314, or 5.89% compared to February 2015,
and up 8.76% compared to the monthly budget.
• February 2016 accommodations tax collections increased 24.45% for Hotels, while Timeshares
and Vacation Rentals were down -11.80% and -13.67%, respectively compared to February 2015.
REAL ESTATE TRANSFER TAX
• 2016 real estate transfer tax collections for March equal $265,061.65, which is a $96,317
increase over March 2015. The sales of one home in Mountain Star and two units at the
Riverfront Resort and Spa make up $130,850 of this monthly total.
• Year-to-date RETT collections are right on track at 25.25% of the 2016 annual budget.
RECREATION CENTER ADMISSIONS
• March admissions fees at the ARC total $76,023, a -6.91% decrease over March 2015. Year-to-
date admissions are 10.31% above 2015, and $25,164 over the estimated annual budget.
Expenditures
• General Fund expenditures through March 2016 total 31.81% of the 2016 annual budget. These
expenditures include the Town’s annual insurance premium, $40,000 for the Winter
Wondergrass event, $50,000 toward the writer’s conference, $118,710 spent for community
grants, as well as a large encumbrance for the Town Attorney.
• Fleet expenditures for March are at 22.62% of the total budget. These costs include blanket
encumbrances for stock parts and ongoing expenditures such as regularly purchased shop
supplies and monthly copier charges.
• Transit funds are 38.37% expended compared to the 2016 budget. These expenditures include a
$135,000 expenditure for the 2015 people mover bus purchase, as well as $176,000 for the
Town’s half of the 2016 gondola operations.
TOWN OF AVON
SALES TAX
2016 Actual vs. Budget
Budget YTD Collections Budget % of change
2011 2012 2013 2014 2015 2016 2016 Variance from 2015
January 511,040.76$ 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 754,412$ 743,689.78$ (10,722.17)$ -2.81%
February 532,903.25 533,546.48 636,702.27 673,722.03 788,999.06 767,268 774,754.00 7,486.36$ -1.81%
March 665,532.70 643,910.29 720,267.31 793,301.96 875,499.53 896,356
April 305,269.73 304,220.84 307,407.13 381,839.56 403,560.42 412,562
May 236,424.93 270,082.79 309,938.72 340,332.28 353,840.11 366,107
June 406,828.27 430,588.57 490,329.18 538,517.31 570,424.51 590,545
July 452,873.44 472,215.40 537,479.66 570,959.86 601,516.82 638,618
August 419,977.29 455,439.86 504,332.25 547,085.80 572,647.57 605,764
September 391,546.49 424,793.75 475,362.88 546,016.59 595,235.68 589,641
October 299,193.35 341,711.43 356,925.96 417,921.46 423,701.53 445,802
November 301,407.41 336,060.63 362,460.94 397,935.36 438,315.55 445,009
December 921,815.61 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,244,988
Total 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 7,757,072$ 1,518,443.78$ (3,235.81)$ -2.30%
Actual Collections
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
2012 2013 2014 2015 2016
Year
Sales Tax Collections for February
TOWN OF AVON
SALES TAX
2016 Actual vs. Budget
$-
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
$1,500,000
$1,750,000
2012 2013 2014 2015 2016
YTD Sales Tax Comparison January - February
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000 Sales Tax Monthly Comparison 2014-2016
2014
2015
2016
TOWN OF AVON
ACCOMMODATIONS TAX
2016 Actual vs. Budget
Budget YTD Collections Budget % change
2011 2012 2013 2014 2015 2016 2016 Variance 2015
January 85,233.73$ 90,118.88$ 108,508.43$ 129,851.78$ 164,361.04$ 144,277$ 168,424.63$ 24,147.30$ 2.47%
February 114,035.90 106,016.32 137,503.61 150,317.06 175,056.31 170,447 185,370.53 14,923.11$ 5.89%
March 122,145.16 115,043.42 153,208.80 168,597.39 183,650.29 185,351
April 26,214.58 20,786.24 26,494.49 31,626.02 34,825.13 34,928
May 15,152.82 16,664.44 24,527.17 21,961.97 28,002.56 26,533
June 49,999.66 56,012.17 66,578.91 54,232.23 53,397.46 69,938
July 62,928.07 66,726.73 73,008.92 81,083.01 86,301.22 92,358
August 52,037.55 58,358.93 67,688.07 71,044.33 75,107.71 80,924
September 35,521.81 42,245.24 44,661.37 50,840.16 60,417.74 58,324
October 21,801.56 25,879.51 27,154.53 34,977.59 38,706.72 37,068
November 24,971.33 22,786.42 28,171.04 32,064.02 34,328.47 35,521
December 135,984.00 112,759.02 131,361.43 168,944.85 198,421.26 186,556
Total 746,026.17$ 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,122,226$ 353,795.16$ 39,070.41$ 4.24%
Actual Collections
$-
$25,000
$50,000
$75,000
$100,000
$125,000
$150,000
$175,000
$200,000
2012 2013 2014 2015 2016
Accommodations Tax Collections for February
Town of Avon
Real Estate Transfer Tax
2016 Actual vs. Budget
Budget YTD Collections $ change % of change
2011 2012 2013 2014 2015 2016 2016 2015 2015
January 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 50,308$ 64,422.00$ 15,781.60$ 32.45%
February 230,705.50 41,750.07 55,872.69 562,219.70 85,479.08 185,960 200,850.86 115,371.78 134.97%
March 187,099.47 84,760.49 125,927.64 50,375.06 168,744.22 117,537 265,061.65 96,317.43 57.08%
April 249,482.30 219,195.80 144,437.80 197,656.36 125,266.30 178,341
May 187,668.62 270,170.12 121,784.12 183,745.60 237,971.08 190,782
June 49,606.58 169,040.47 90,309.74 220,009.15 294,434.84 156,880
July 46,707.37 71,057.40 386,434.78 141,051.52 396,838.68 198,546
August 106,785.21 232,505.93 97,579.70 154,032.32 152,380.93 141,616
September 140,876.56 96,389.34 157,010.67 267,886.92 291,223.61 181,646
October 64,005.33 176,889.62 169,839.80 178,044.24 172,855.22 145,112
November 98,057.44 150,549.86 112,491.82 122,582.66 169,328.38 124,416
December 198,448.03 145,134.57 83,382.60 1,598,062.92 225,862.90 428,856
Total 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 2,100,000$ 530,334.51$ 227,470.81$ 75.11%
Budget 2,100,000.00
Variance, Favorable (Unfavorable)(1,569,665.49)$
Actual Collections
$-
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
$700,000.00
2012 2013 2014 2015 2016
YTD Real Estate Transfer Tax Collections
TOWN OF AVON
RECREATION CENTER ADMISSION FEES
2016 Actual vs. Budget
Budget YTD Collections Budget % of change
2011 2012 2013 2014 2015 2016 2016 Variance from 2015
January 76,386$ 66,113$ 70,040$ 62,607$ 64,723$ 67,526$ 74,674$ 7,148$ 15.37%
February 72,997 78,782 68,578 63,838 68,506 70,075 86,342 16,267 26.04%
March 78,985 62,670 72,616 77,902 81,664 74,275 76,023 1,748 -6.91%
April 59,991 49,982 64,370 61,760 55,452 57,927
May 47,368 44,880 35,064 43,119 50,067 43,809
June 49,850 49,442 46,194 55,052 58,431 51,452
July 70,839 73,067 71,491 61,472 66,400 68,201
August 68,324 67,510 57,329 63,233 66,389 64,131
September 40,822 38,141 43,829 36,846 44,719 40,602
October 52,476 41,588 48,803 75,818 61,167 55,602
November 93,746 94,044 93,822 29,570 71,384 76,009
December 80,985 72,059 69,258 77,672 112,201 81,892
Total 792,769$ 738,277$ 741,394$ 708,889$ 801,102$ 751,500$ 237,039$ 25,164$ 10.31%
$-
$50,000
$100,000
$150,000
$200,000
$250,000
2011 2012 2013 2014 2015 2016
YTD Rec Admissions Thru March
Dept./Div.2016 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
111 Mayor and Town Council 210,907$ 9,384$ 60,332$ 141,191$ 33.06%
112 Boards and Commissions 15,300 - 2,688 12,612 17.57%
113 Town Attorney 130,000 114,375 12,085 3,540 97.28%
115 Town Clerk 135,636 18,802 30,800 86,034 36.57%
121 Municipal Court 124,210 16,253 20,230 87,727 29.37%
131 Town Manager 366,967 940 79,803 286,224 22.00%
133 Community Relations 149,897 10,372 14,027 125,498 16.28%
Total General Government 1,132,917 170,126 219,965 742,826 34.43%
Human Resources Department:
132 Human Resources 411,819 7,685 95,912 308,222 25.16%
Finance & IT Department:
141 Finance 812,834 11,457 169,311 632,066 22.24%
143 Information Systems 384,846 35,895 115,001 233,950 39.21%
149 Nondepartmental 398,813 75,148 218,331 105,334 73.59%
Total Finance & IT 1,596,493 122,500 502,643 971,350 39.16%
Total General Gov't Departments 3,141,229 300,311 818,520 2,022,398 35.62%
Community Development:
212 Planning 317,767 22,600 34,052 261,115 17.83%
213 Building Inspection 146,758 3,750 32,782 110,226 24.89%
214 Economic Development 40,600 - 10,000 30,600 24.63%
215 Town Produced Events 314,364 2,675 34,587 277,102 11.85%
216 Signature Event Seed Funding 125,000 - 154,800 (29,800) 123.84%
217 Community Grants 230,150 14,250 118,710 97,190 57.77%
Total Community Development 1,174,639 43,275 384,931 746,433 36.45%
Police Department:
311 Administration 658,376 26,173 140,843 491,360 25.37%
312 Patrol 2,331,166 40,429 775,323 1,515,414 34.99%
313 Investigations 263,742 2,654 57,783 203,305 22.92%
Total Police 3,253,284 69,256 973,949 2,210,079 32.07%
Public Works:
412 Engineering 273,664 21,912 49,711 202,041 26.17%
413 Roads and Bridges 1,612,864 83,514 328,886 1,200,464 25.57%
415 Parks 1,093,645 21,291 224,074 848,280 22.44%
418 Buildings & Facilities 1,109,892 172,011 250,936 686,945 38.11%
Total Public Works 4,090,065 298,728 853,607 2,937,730 28.17%
Recreation Department:
514 Administration 238,222 12,337 66,835 159,050 33.23%
515 Adult Programs 58,827 - 11,644 47,183 19.79%
516 Aquatics 427,447 7,377 100,962 319,108 25.35%
518 Fitness 132,740 - 77,677 55,063 58.52%
519 Guest Services 292,090 5,121 68,673 218,296 25.26%
521 Youth Programs 132,412 4,088 19,007 109,317 17.44%
Total Recreation 1,281,738 28,923 344,798 908,017 29.16%
TOTAL OPERATING EXPENDITURES 12,940,955$ 740,493$ 3,375,805$ 8,824,657 31.81%
Department Expenditure Summaries
General Fund
March 2016 Expenditures to Date
Dept./Div.2016 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,785,969$ 66,848$ 337,119$ 1,382,002$ 22.62%
Total Operating Expenditures 1,785,969 66,848 337,119 1,382,002 22.62%
TOTAL EXPENDITURES 1,785,969$ 66,848$ 337,119$ 1,382,002$ 22.62%
Expenditure Summary
Fleet Maintenance Enterprise Fund March 2016 Expenditures to Date
Dept./Div.2016 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 239,797$ 33,617$ 66,474$ 139,706$ 41.74%
432 Transit Operations 1,549,213 3,250 600,838 945,125 38.99%
435 Wash Bay 159,486 8,110 35,395 115,981 27.28%
Total Operating Expenditures 1,948,496 44,977 702,707 1,200,812 38.37%
TOTAL EXPENDITURES 1,948,496$ 44,977$ 702,707$ 1,200,812$ 38.37%
Expenditure Summary
Transit Enterprise Fund March 2016 Expenditures to Date
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Kelly Huitt, Budget Analyst Meeting Date: May 10, 2016
Agenda
Topic: 2017 Budget Calendar
SUMMARY
A calendar outlining the 2017 budget development and approval process, including Town
Council work sessions, is attached for your review. Maintaining the strategy of a budget that
plans for two years in the future, staff will soon begin work on the 2017-2018 biennial budget.
The strategic plan is set for adoption in June, with a revenue and personnel presentation
following in August and a CIP update in September. The draft budget will be submitted to
Council at the end of September in time for a budget work session on September 27th and
another possible work session on October 11th if necessary. In light of the upcoming November
election, the public hearing and final budget adoption is scheduled for October 25th. Finally, the
certification of mill levies is set to take place on December 13th.
ATTACHMENTS
2017 Budget Calendar
Date Event/Activity
June 14 Council Review of Strategic Plan
June 20 - Aug 7 Budget Entry by Staff
Aug 9 Revenues and Personnel Presentation to Council
Aug 15 - Sept 9 Budget Review with Department Heads
Sept 13 CIP Presentation to Council and Community Grant Requests
Sept 21 Completion of Draft Budget for Town Council Budget Work Sessions
Sept 27 Town Council Budget Work Session
Oct 11 Possible Town Council Budget Work Session if Necessary
Oct 18 Notice of Public Hearing Published in Newspaper
Oct 25 Public Hearing and Adoption of 2017 Operating, URA, CIP Budgets
Dec 13 Certification of Mill Levies
2017 Budget Calendar