TC Packet 06-28-2016
TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 28, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
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.
1
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. PRESENTATION
4.1. UNITED STATES FOREST SERVICE PRESENTATION (AARON MAYVILLE, ACTING DISTRICT RANGER)
5. ACTION ITEMS
5.1. PUBLIC HEARING SOUND PERMIT APPLICATION FOR POP UP STRINGS & ART ON THE MAIN STREET MALL
JULY 8, 2016 (DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA DEMPSEY)
5.2. REVIEW AND ACTION ON MR. PAUL EGAN’S APPEAL OF THE DENIAL OF A REAL ESTATE TRANSFER TAX
REFUND (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
5.3. PUBLIC HEARING AND MOTION ON RESOLUTION 16-16, APPROVING THE MEZA PUD AMENDMENT FOR LOT
110, BLOCK 1, WILDRIDGE SUBDIVISION - CONTINUED FROM THE JUNE 14, 2016 COUNCIL MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
6. WORK SESSION
6.1. REVIEW AND DIRECTION REGARDING PROPOSED LAND SWAP/ACCESS EASEMENT FOR THE DEVELOPMENT OF
LOT 39 AND TRACT O, BLOCK 4, WILDRIDGE SUBDIVISION (TOWN ATTORNEY ERIC HEIL)
6.2. REVIEW AND DIRECTION REGARDING XCEL/PUBLIC SERVICE COMPANY GAS LINE CHARGES IN WILDRIDGE
(TOWN ATTORNEY ERIC HEIL)
7. ACTION ITEMS
7.1. RESOLUTION 16-19 ADOPTING THE TOWN OF AVON 2017-18 STRATEGIC PLAN
(TOWN MANAGER VIRGINIA EGGER)
8. CONSENT AGENDA
8.1. BUTLER SNOW ENGAGEMENT LETTER (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
8.2. MINUTES FROM JUNE 14, 2016 MEETING (TOWN CLERK DEBBIE HOPPE)
8.3. MINUTES FROM JUNE 14, 2016 RETREAT (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
9. WRITTEN REPORTS
9.1. MONTHLY FINANCIAL REPORT (BUDGET ANALYST KELLY HUITT)
9.2. GIFT REPORTING – 2016 REDS, WHITES & BREWS FESTIVAL, COVERROCK FESTIVAL & BEAVER CREEK RODEO
SERIES VIP TICKETS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 28, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
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.
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10. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
10.1. ECO TRAILS & TRANSIT (MAYOR PRO TEM JAKE WOLF)
10.2. UERWA (COUNCILOR SARAH SMITH HYMES)
10.3. EAGLE COUNTY CLIMATE ACTION TASK FORCE (COUNCILOR SARAH SMITH HYMES)
11. MAYOR & COUNCIL COMMENTS
12. EXECUTIVE SESSION: PURSUANT TO COLORADO REVISED STATUE 24-6-402(4)(F) FOR THE PURPOSE OF
DISCUSSING PERSONNEL MATTERS
13. ADJOURNMENT
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 28, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
_________________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
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. 3
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. RENEWAL OF LIQUOR LICENSES
4.1. APPLICANT: Y&Z, INC. D/B/A NOZAWA SUSHI & KITCHEN
LOCATION: 240 CHAPEL PLACE
TYPE: HOTEL & RESTAURANT
MANAGER: JENNIFER BROSCH
5. PUBLIC HEARING SPECIAL EVENTS PERMIT
5.1. APPLICANT NAME: VAIL VALLEY CHARITABLE FUND, INC.
EVENT NAME: LAKESIDE SUNDAY’S
EVENT DATES: JULY 17, 2016, AUGUST 14, 2016 & SEPTEMBER 11, 2016
EVENT TIME: 4:00 P.M. UNTIL 7:00 P.M.
LOCATION: NOTTINGHAM PARK PAVILION
EVENT MANAGER: LAUREN EMENAKER
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
5.2. APPLICANT NAME: EAGLE VALLEY HUMANE SOCIETY
EVENT NAME: POP-UP STRINGS
EVENT DATES: JULY 8, 15 & 22, 2016
EVENT TIME: 5:00 P.M. UNTIL 8:00 P.M.
LOCATION: MAIN STREET MALL, LETTUCE SHED LANE (VENUE A) / POSSIBILITY PLAZA (VENUE B)
EVENT MANAGER: CHAR GONSENICA
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
6. MINUTES FROM JUNE 14, 2016
7. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 14, 2016
AVON TOWN HALL, ONE LAKE STREET
LA 6-14-2016 Minutes Page 1
1. CALL TO ORDER AND ROLL CALL
Start Time 00:00:01
Chairman Fancher called the meeting to order at 5:06 p.m. A roll call was taken and Board members present
were Sarah Smith Hymes, Megan Burch, and Jake Wolf. Buz Reynolds, Matt Gennett and Scott Prince were
absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Interim Police Chief Greg
Daly, 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
There were no changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No public comments made.
4. RENEWAL OF LIQUOR LICENSES
4.1. Applicant: YERF, LLC d/b/a Ticino Italian Restaurant
Location: 100 W. Beaver Creek Blvd. #127
Type: Hotel & Restaurant
Manager: Charles Frey
Vice Chairman Wolf moved to approve the renewal application for YERF, LLC d/b/a Ticino Italian
Restaurant; Board member Burch seconded the motion and it passed unanimously by those present.
Board member Reynolds, Board member Gennett and Board member Prince were absent.
5. PUBLIC HEARING SPECIAL EVENTS PERMIT
5.1. Applicant Name: Team Evergreen Bicycling Club
Event Name: Triple Bypass Bicycle Ride
Event Dates: July 9, 2016; 11:00 a.m. until 8:00 p.m.
Location: Nottingham Lake Park – Upper Soccer Field
Event Manager: Jennifer Anderson
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented with no concerns. Chairman Fancher opened the public hearing and no
comments were made. Board member Smith Hymes moved to approve the Special Event Permit for the
Triple Bypass Bicycle Ride event; Vice Chairman Wolf seconded the motion and it passes unanimously by
those present. Board member Reynolds, Board member Gennett and Board member Prince were
absent.
5.2. Applicant Name: Bright Future Foundation for Eagle County
Event Name: Cover Rock Music Festival
Event Dates: June 25 & 26, 2016; 10:00 a.m. until 11:00 p.m.
Location: Nottingham Lake Park
Event Manager: Casey Angel
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 14, 2016
AVON TOWN HALL, ONE LAKE STREET
LA 6-14-2016 Minutes Page 2
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented with no concerns. Chairman Fancher opened the public hearing and
Kathy Ryan commented. Board member Burch moved to approve the Special Event Permit for the Cover
Rock Music Festival; Board member Smith Hymes seconded the motion and it passes unanimously by
those present. Board member Reynolds, Board member Gennett and Board member Prince were
absent. Vice Chairman Wolf abstained from the vote.
5.3. Applicant Name: Samantha Remington Angel Heart Foundation
Event Name: Reds, Whites & Brews
Event Dates: June 17, 2016; 6:00 p.m. until 8:00 p.m.
June 18, 2016; 2:00 p.m. until 7:00 p.m
Location: Nottingham Park
Event Manager: Jen Radueg
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented with no concerns. Chairman Fancher opened the public hearing and no
comments were made. Vice Chairman Wolf moved to approve the Special Event Permit for the Reds,
Whites & Brews event; Board member Smith Hymes seconded the motion and it passes unanimously by
those present. Board member Reynolds, Board member Gennett and Board member Prince were
absent.
6. MINUTES FROM MAY 24, 2016
Vice Chairman Wolf moved to approve the Minutes from May 24, 2016; Board member Smith Hymes
seconded the motion and it passed unanimously by those present. Board member Reynolds, Board
member Gennett and Board member Prince were absent.
7. ADJOURNMENT
There being no further business to come before the Board, the meeting adjourned at 5:14 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ______________________________________
Jake Wolf ______________________________________
Matt Gennett ______________________________________
Megan Burch ______________________________________
Albert “Buz” Reynolds ______________________________________
Scott Prince ______________________________________
Sarah Smith Hymes ______________________________________
PAGE 1 OF 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: June 28, 2016
Agenda Topic: United States Forest Service Presentation
SUMMARY:
Aaron Mayville, Acting District Ranger for the Eagle-Holy Cross Ranger District of the United States
Forest Service, will be present at Tuesday’s meeting to provide an update on the Eagle-Holy Cross
Ranger District and discuss Fire Operations.
ATTACHMENTS:
2015 Fire Budget Report
Eagle-Holy Cross Ranger District – By the Numbers
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The Rising Cost of Fire Operations: Effects on the Forest Service’s Non-Fire Work
Overview
Over 100 years ago, President Theodore Roosevelt established the U.S. Forest Service to manage America’s 193-million acre national forests and grasslands for the benefit of all Americans. Today, that
mission is being consumed by the ever-increasing costs of fighting fires.
This report documents the growth over the past 20 years of the portion of the Forest Service’s budget that
is dedicated to fire, and the debilitating impact those rising costs are having on the recreation, restoration,
planning, and other activities of the Forest Service.
In 1995, fire made up 16 percent of the Forest Service’s annual appropriated budget—this year, for the
first time, more than 50 percent of the Forest Service’s annual budget will be dedicated to wildfire.1
Along with this shift in resources, there has also been a corresponding shift in staff, with a 39 percent reduction in all non-fire personnel. Left unchecked, the share of the budget devoted to fire in 2025 could
exceed 67 percent, equating to reductions of nearly $700 million from non-fire programs compared to today’s funding levels. That means that in just 10 years, two out of every three dollars the Forest Service gets from Congress as part of its appropriated budget will be spent on fire programs.
As more and more of the agency’s resources are spent each year to provide the firefighters, aircraft, and
other assets necessary to protect lives, property, and natural resources from catastrophic wildfires, fewer and fewer funds and resources are available to support other agency work—including the very programs
and restoration projects that reduce the fire threat.
The depletion of non-fire programs to pay for the ever-increasing costs of fire has real implications, not only for the Forest Service’s restoration work that would help prevent catastrophic fires, but also for the
protection of watersheds and cultural resources, upkeep of programs and infrastructure that support thousands of recreation jobs and billions of dollars of economic growth in rural communities, and support
for the range of multiple uses, benefits and ecosystem services, as well as research, technical assistance,
and other programs that deliver value to the American public.
The Forest Service has continually worked to do more with less, seeking to provide for the forests’
multiple uses with fewer resources and staff. The Forest Service has also worked to appropriately allocate
firefighting resources and improve risk management to use those resources safely and efficiently.
However, the agency is at a tipping point.
Climate change has led to fire seasons that are now on average 78 days longer than in 1970. The U.S.
burns twice as many acres as three decades ago and Forest Service scientists believe the acreage burned may double again by mid-century. Increasing development in fire-prone areas also puts more stress on the
Forest Service’s suppression efforts.
While the Forest Service and its firefighting partners are able to suppress or manage 98 percent of fires, catastrophic mega-fires burn through the agencies resources: 1–2 percent of fires consume 30 percent or
more of annual costs. Last year, the Forest Service’s 10 largest fires cost more than $320 million dollars. The cost of fire suppression is predicted to increase to nearly $1.8 billion by 2025. This trend of rising fire suppression costs is predicted to continue as long as the 10-year average serves as the funding model and
presents a significant threat to the viability of all other services that support our national forests.
1 Preparedness, Suppression, FLAME, and related programs.
2
This unsustainable problem is made worse because in many years, fighting fires costs more than was
planned for that year, requiring mid-season transfers of additional dollars from already depleted accounts
to pay for firefighting: a practice referred to as “fire transfer.” In some cases, the agency is forced to divert money away from the same forest restoration projects that prevent or lessen the impacts of future
wildfire. While Congress typically provides supplemental resources to replenish the Forest Service budget
after fire transfers, transfers remain extremely problematic as they disrupt seasonal work, frustrate partners, and delay vital work.
The Escalating Cost of Fire Suppression
Wildland fire suppression activities are currently funded entirely within the U.S. Forest Service budget,
based on a 10-year rolling average. Using this model, the agency must average firefighting costs from the past 10 years to predict and request costs for the next year. When the average was stable, the agency was able to use this model to budget consistently for the annual costs associated with wildland fire
suppression. Over the last few decades, however, wildland fire suppression costs have increased as fire seasons have grown longer and the frequency, size, and severity of wildland fires has increased.
Changing climatic conditions across regions of the United States are driving increased temperatures—
particularly in regions where fire has not been historically prominent. This change is causing variations and unpredictability in precipitation and is amplifying the effects and costs of wildfire. Related impacts
are likely to continue to emerge in several key areas: limited water availability for fire suppression,
accumulation at unprecedented levels of vegetative fuels that enable and sustain fires, changes in vegetation community composition that make them more fire prone, and an extension of the fire season to
as many as 300 days in many parts of the country.
These factors result in fires that increasingly exhibit extreme behavior and are more costly to manage. The six worst fire seasons since 1960 have all occurred since 2000. Moreover, since 2000, many western
states have experienced the largest wildfires in their state’s history.
In addition, more and more development is taking place near forests—an area referred to as the Wildland-Urban Interface (WUI). Increasing densities of people and infrastructure in the WUI makes management
more complex and requires more firefighting assets to ensure an appropriate, safe, and effective response that protects lives and property.
Funding for non-fire programs has not kept pace with the increased cost of fighting fire. The growth in
fire suppression costs has steadily consumed an ever-increasing portion of the agency’s appropriated budget. Between last fiscal year and this year, for example, the suppression budget grew by $115 million
and non-fire programs were reduced by that amount, requiring the agency to forego opportunities to
complete vital restoration work and meet public expectations for services. Those non-fire activities are often those that improve the health and resilience of our forested landscapes and mitigate the potential for
wildland fire in future years.
Over the last few decades, wildfire costs have increased as a percent of the Forest Service’s budget as fire seasons have grown longer and more costly. The projected continued growth in the 10-year average cost
of fire suppression through 2025 is rising to nearly $1.8 billion. This amounts to a nearly $700 million decrease in non-fire program funding in the next 10 years.
3
Figure 1: The Cost of Wildland Fire (Preparedness, Suppression, FLAME, and related programs) as a Percentage of the Forest Service’s Annual Budget
4
Figure 2: Projected Growth of the 10-Year Average Cost of Fire Suppression (in $1000s) Through 20252
5
2 This projection was developed by Forest Service researchers and is based on similar methodologies currently used
for suppression cost expenditures that are required within FLAME Act provisions.
Impacts to Forest Service Program Areas and Staff
The following charts show that from 1995 to 2015, the Wildland Fire Management appropriation Preparedness, Suppression, FLAME, and related programs) has more than tripled in its portion of the
orest Service budget from 16 percent to 52 percent, reducing National Forest System funding by nearly475 million in 2015 dollars (32 percent reduction in real dollars), and also impacting other program reas.
(
F $a
Figure 3: Forest Service FY 1995 Appropriations by Fund
Figure 4: Forest Service FY 2015 Appropriations by Fund
6
At the same time, increasing the portion of the budget dedicated to fire has reduced the Forest Service’s
ability to sustain staffing in vital non-fire program areas, which negatively impacts the Forest Service’s
ability to deliver work on the ground, including forest restoration and management, recreation, research, watershed protection, land conservation, and other activities.
Since 1998, fire staffing within the Forest Service has increased 114 percent, from around 5,700
employees in 1998 to over 12,000 in 2015. Over the same period, staffing levels for those dedicated to managing National Forest System lands has decreased by 39 percent—from approximately 18,000 in
1998 to fewer than 11,000 in 2015.
Figure 5: Forest Service staffing 1998 to 2015
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Impacts on Individual Programs
Funding trends for the past 15 years for individual programs used to manage the National Forest System re shown below.3 This section illustrates the significant declines in these programs and describes the
esulting impacts as a result of the shift of financial and human resources away from management of the ational Forest Systems and to the Wildland Fire Management accounts, within the agency’s constrained nnual budget.4
a
rNa
Vegetation & Watershed Management—24% Reduction
The Vegetation and Watershed Management Program is the cornerstone for forest, rangeland, soil and water restoration and enhancement activities on National Forest System (NFS) lands and plays a key role
in post-fire restoration. These programs are necessary for the agency to effectively support resource restoration projects that achieve multiple values, develop external partnerships to sustain healthy
watersheds and ecological communities, and provide an array of benefits for current and future
generations.
3 These charts start at 2001 rather than 1995 because many of the programs (BLIs) have changed over the years, and FY 2001 to FY 20015 represents a time period over which the following programs remained consistent and therefore provide for an analogous comparison year over year.
4 Appropriation numbers were adjusted for inflation to constant FY 2015 dollars. The deflators are from the Office of Budget and Management Fiscal Year 2015 Historical Tables, Table 10.1
(http://www.whitehouse.gov/sites/default/files/omb/budget/fy2015/assets/hist.pdf).
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Benefits include: improved water quality and quantity, healthy forests and rangelands that provide a
variety of products, a reduction of risks associated with wildfires, and greater resistance to establishment
and spread of invasive species.
Reduced funding since 2001 has decreased the rate of restoration that the agency could have achieved
across all NFS landscapes had funding levels been maintained. The agency has been less able to engage in
watershed improvement activities as well as overall restoration activities occurring within priority watersheds. The reductions have limited the agency’s ability to prevent and limit the spread of invasive
species; to decrease the backlog of deforestation and young stand management needs; and to lessen the severity and extent of insect, disease, and fire-prone forest stands.
Capital Improvement and Maintenance
Facilities—68% Reduction
The facilities program supports maintenance and capital improvement on approximately 21,600 recreation
sites and 23,100 research and other administrative buildings. More than half of all administrative facilities need improvement, with approximately 41 percent in poor condition needing major repairs or renovation,
approximately 12 percent in fair condition needing some minor repair, and 47 percent of the facilities in
good condition.
Due to the significant decrease in facilities funding, the agency has had to scale down or defer most
decommissioning and disposal projects that would reduce our square footage. Projects that implement sustainability best practices to conserve energy and water have been deferred. Reduced funding has jeopardized the agency’s ability to address basic facility operational and maintenance needs and many of
our safety issues such as those associated with water and septic systems. The overall effect is an increase in public health and safety concerns, and liability for the federal government. The only action national forests can take to reduce the government liability is to close recreation facilities, thereby impacting the
outdoor recreation opportunities that drive many rural tourism economies.
9
Because of a lack of funding, the Forest Service has lost opportunities for new office construction to
replace administrative facilities at the end of their design life, resulting in office closure and moves into
leased facilities. Deferred maintenance has increased resulting in more expensive future repairs or possible loss of facility investments. Projects to decommission buildings and reduce the square feet have
been deferred. Projects that would have helped the agency make its buildings more sustainable and reduce
the costs of maintaining recreation facilities have also been deferred.
Concurrently, additional fire facilities have been added to meet increased suppression needs. This has
required a shift in spending from capital improvements for national priority projects to projects critical for fire readiness. For example, Air Tanker Bases need pavement improvements to handle the newer aircraft which are being added to the fleet, these projects will be phased in over several years, increasing costs.
Roads—46% Reduction
The National Forest Road System is an integral part of the rural transportation network. It provides access for recreational, administrative, resource management, and commercial purposes. It also provides access
to and between rural and gateway communities, contributing to community vitality and economic
development. Maintaining this system is necessary to continue to provide this access, to meet Highway Safety Act requirements, emergency response, and to protect the quality of critical water supplies
provided by National Forest System lands to communities.
As our transportation infrastructure ages or is damaged by natural events, some roads and bridges have become unsafe for public travel. The Forest Service has had to restrict traffic on or close those roads and
bridges until funds are available for maintenance and repairs. Thirteen percent of our bridges are currently structurally deficient and the average age of all bridges is 50 years old. Without needed replacement or repairs, structurally deficient bridges would first be load-restricted and ultimately closed as deficiencies
progress.
Road restoration and decommissioning efforts, a critical component of watershed restoration, has progressed but not at the accelerated pace necessary to achieve watershed protection and other
management objectives. Action to replace road and stream crossings for aquatic organism passage and to improve aquatic habitat and resilience to catastrophic natural disasters has also suffered. Reducing these activities increases the severity and frequency of environmental impacts like catastrophic failure from
natural disasters, adverse effects to water quality, and deterioration of aquatic and terrestrial habitat. Our ability to support accelerated watershed restoration continues to be severely affected.
As a lack of funds forces the Forest Service to delay needed maintenance and improvements on many
roads and bridges, access will become more restricted, environmental impacts will increase rapidly, and vulnerability to catastrophic failure from natural disasters will greatly increase. It will become more
difficult for the public to access communities reached only by traveling through NFS lands, as well as
recreational areas, and other natural resource areas. Firefighting ability could also decline significantly as road access restrictions increase, putting our resources and the public at risk.
Deferred Maintenance—95% Reduction
The Deferred Maintenance and Infrastructure Improvement program addresses serious public health and safety concerns associated with the agency’s backlog in maintenance needs. This program funds high-priority national projects, focusing on areas that are heavily used by the public and agency employees.
These projects include critical maintenance and repairs to dams; correcting health and safety deficiencies in buildings, campgrounds, and water and wastewater systems; and renovating recreation structures.
10
In FY 2001, the Deferred Maintenance funding supported approximately 400 major projects. In FY 2014
the funding supported three major projects. In FY 2013 and FY 2014, 21 projects were deferred to future
years, including sewer system repairs, water system improvements, dam repairs, and wastewater system rehabilitation.
Forest Service assets currently have a deferred maintenance backlog of over $5.1 billion and many are 30
to 50 years old or more. The near elimination of funding for this program has prevented the Forest Service from making a dent in this backlog and has forced the agency to shift more of the deferred
maintenance work to other capital improvement programs, further reducing our ability to improve the long-term sustainability of our facilities, roads, and trails.
Recreation, Heritage and Wilderness—15% Reduction
The Recreation, Heritage and Wilderness programs offer a diverse range of recreational opportunities
across NFS lands, connecting people with nature in an unmatched variety of settings and activities. The decrease in funding resulting from increased fire costs has limited the agency’s ability to provide vital
recreational opportunities on NFS lands, which jeopardizes the thousands of jobs that are part of a
growing recreational economy.
The agency has been unable to more fully implement sustainable Recreation, Heritage, Volunteer
Services and Wilderness and Wild & Scenic Rivers programs to provide consistent, quality recreation
opportunities to the public. Reductions in recreation funding have a direct impact on local economies supported by these activities, including many small outfitter and guide businesses that depend on
recreation sites and programs on NFS lands. Additionally, the Forest Service’s ability to leverage funds
11
and implement projects with partners and volunteers is constrained by the reductions in funding and staff,
substantially affecting services.
The reductions in funding have also affected the Forest Service’s capacity to manage the permits needed for outfitters and guides and other recreation-focused small businesses to use the public land. This
impacts the presence and stability of permittees and small business in nearby tourism-oriented
communities.
Services to youth have also suffered. A higher sustained level of funding would increase the capability of
the Forest Service to engage youth in the outdoors and support increased employment opportunities for youth and veterans through programs such as the 21st Century Conservation Service Corps.
Landownership Management—33% Reduction
A 33 percent decrease in funding to Landownership Management has impaired the agency’s ability to
respond to demands that are growing in number and complexity in the lands special use permits program, which supports critical projects involving energy pipelines, geothermal, electric transmission,
hydropower, telecommunication infrastructure, including cellular towers and traditional line service and
broadband facilities.
These special use projects provide community development and growth that directly supports job
creation. Reductions in funding have limited the agency’s ability to keep up with title claims and
encroachments, each of which can cost the agency thousands of dollars to investigate and resolve, or can lead to even more costly lawsuits.
12
Wildlife & Fisheries Habitat Management—18% Reduction
The reduction in funding to Wildlife and Fisheries compromises, for example, recovery efforts for
threatened and endangered species (TES). The Forest Service has been unable to fulfill all of the required
monitoring associated with previous Endangered Species Act (ESA) consultation commitments, reducing the agency’s ability to implement projects in the future and jeopardizing current projects because ESA
consultation requirements cannot be met. The agency has had to forego many projects critical to TES
recovery and conservation efforts and offsetting the impacts of climate change.
The reduction in operating funds has limited the agency’s ability to support existing partnerships. These
partnerships often bring in as much as four-to-one return in partner contributions. This has resulted in the loss of significant dollars that could have been leveraged and has further reduced the agency’s impact on key restoration objectives.
13
Land Management Planning—64% Reduction
Reductions in Land Management Planning have had a significant impact on the Forest Service’s ability to reduce the backlog of forest plans requiring revision. The National Forest Management Act requires that
each unit of the NFS have a Land Management Plan (LMP) that is formally revised every 10 to 15 years to address changing conditions and new information related to natural resources, management goals, and
public use. The agency has only been able to meet this revision requirement on about 46 percent of its 125
LMPs.
The updated LMPs are essential for providing current, broad guidance for identifying, prioritizing, and
implementing the programs and projects that move an NFS unit towards achieving desired conditions and
achieving agency objectives. Reduced funding has had a significant effect on our ability to engage with the public and partners to address management issues and opportunities that have emerged since the
original plans were developed. These efforts are essential for garnering public support and reducing
appeals and litigations, which impacts our ability to implement key restoration efforts and increases implementation costs.
14
Inventory & Monitoring—35% Reduction
Reductions in Inventory and Monitoring have reduced the agency’s ability to collect essential inventory
and monitoring information, which has further delayed our ability to revise forest management plans. This reduced funding has hampered the Forest Service’s ability to plan and execute projects for adapting and mitigating the effects of changing climate conditions, including completing watershed condition
assessments, developing strategies for addressing needs for specific wildlife species and roadless area
evaluations, as well as ensuring abundant clean water, providing recreation opportunities, restoring and maintaining forest and rangeland ecosystems, and improving priority watersheds across larger landscapes.
Without current and adequate planning and monitoring, our ability to effectively deliver restoration treatments, recreation and special use permitting, and other economic activities on NFS lands has been adversely affected.
Conclusion
As documented in this report, the rising cost of fire suppression coupled with the current budgeting model
is significantly impacting all non-fire program and staff areas.
The dramatic underlying shift of funding and human capacity from non-fire programs to support fire
programs has real implications on the ground, including for restoration work that would help prevent
catastrophic fires, protect watersheds that provide clean drinking water to tens of millions of people, protect irreplaceable cultural resources, and provide the infrastructure and programming that supports the
$646 billion outdoor recreation economy and jobs and economic growth in hundreds of rural communities.
To solve this problem, we must change the way we pay for wildfire. Instead of treating catastrophic
wildfires as a normal agency expense, we must treat them more like other natural disasters, such as tornadoes or hurricanes. And any solution must confront both parts of the funding quandary: it must limit
15
or reverse the runaway growth of firefighting costs, and it must address the compounding disruption of
fire transfers.
Bipartisan legislation that offers a more rational approach to funding wildfire, the Wildfire Disaster Funding Act, has already been introduced in the House and Senate. It is mirrored by a similar option in
the President’s 2016 Budget. This proposal provides a fiscally responsible mechanism to treat
wildfires more like other natural disasters, end transfers, and partially replenish agency capacity to restore resilient forests and protect against future fire outbreaks.
USDA and the Forest Service look forward to working with Congress to take action to address the growth of fire costs that is crippling the agency's ability to conserve the nation's forests and grasslands and to provide the multiple uses and values for which the agency was created.
16
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Danita Dempsey, Director of Festivals & Special Events
Meeting Date: June 28, 2016
Agenda Topic: PUBLIC HEARING SOUND PERMIT APPLICATION FOR POP- UP STRINGS EVENT ON THE MAIN STREET MALL
ACTION BEFORE COUNCIL
The Town Council is asked to consider approving an Amplified Sound Permit on June 28, 2016, as requested
by the Town of Avon for the Pop-Up Strings Event.
PROPOSED MOTION
I move to approve (or approve with conditions or deny) the Amplified Sound Permit for Pop-Up Strings on
Friday, July 8, 2016.
OVERVIEW
A public hearing is required on Outdoor Use of Amplified Sound for events that will be using acoustic or
amplified sound systems before 8:00 a.m. or after 10:00 p.m. in the Main Street Mall (Avon Municipal Code
Chapter 5.24.020). The start time of the Pop-Up Strings will be 6:00 p.m. and end time is 7:30 p.m.
Due to a staff oversight, a public notice was not published in the Vail Daily announcing the public hearing on
June 28, 2016. In consultation with Town Attorney Heil, he recommended posting the evening’s music
throughout the event venue area and specifically noticing any individual or business, who staff knew has an
interest in sound permits on the mall. This work was completed.
While the application is for subsequent concerts as well, there is sufficient time to place the public notice for
Council action on July 12, 2016. A requested motion following the public hearing is for approval of a sound
permit for the July 8, 2016 evening only.
BACKGROUND
Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of permit.
The Council, in making its decision to issue the Amplified Sound Permit, may consider the following:
1.1. Comments by the public.
1.2. Necessity of the permit for the cultural, historical or social benefit of the community.
1.3. Proximity of the proposed location to residential neighborhoods.
1.4. Proposed direction of sound projection.
1.5. Screening of sound from neighboring properties.
1.6. Compatibility with other uses and activities in the vicinity.
The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse
effects upon the community or surrounding neighborhood.
ATTACHMENTS
Application for Outdoor Use of Amplified Sound Equipment
Diagram of Event in Main Street Mall showing location of sound projections
Pop Up Strings Premises Map / Sound
July 8, 15 and 22, 2016
“Venue A” Lettuce Shed Lane
“Venue B” Possibility Plaza
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Kelly Huitt, Budget Analyst Meeting Date: June 28, 2016
Agenda
Topic: Review and Action on Mr. Paul Egan’s Appeal on the Denial for a Real Estate
Transfer Tax Refund
ACTION BEFORE COUNCIL
Action on Mr. Paul Egan’s appeal on the denial for a real estate transfer tax refund
PROPOSED MOTION(s)
• “I move to approve Mr. Paul Egan’s appeal for the refund of real estate transfer tax paid in
error”
OR
• “I move to deny Mr. Paul Egan’s appeal for the refund of real estate transfer tax paid in
error”
SUMMARY
Attached is an appeal of the Town’s denial of Mr. Paul Egan’s request for a refund of real estate
transfer tax. Mr. Egan applied for and received a primary residence exemption on the 6/5/2015
purchase of Grandview Unit #103, located at 690 Nottingham Rd. Mr. Egan subsequently realized
that he was eligible for a full exemption from real estate transfer tax under section 3.12.060(14) of
the Town of Avon Municipal Code. Mr. Egan requested a refund for the $1,600 of tax that was paid
within the one year timeframe stipulated in section 3.12.140. However, section 3.12.070(a) states that
“an application for exemption for low and moderate income housing projects pursuant to Section
3.12.060(14) must be submitted and approved prior to the transfer of real property and no such
application for exemption pursuant to Section 3.12.060(14) may be received or approved after the
transfer of real property.” The relevant sections of the Municipal Code have been copied below:
3.12.060 - Exemptions.
Unless the method of transfer is contrived for the purpose of evading the real property transfer tax
imposed by this Chapter, the real property transfer tax shall not apply to the situations described
below:
(14) Any sale or conveyance of real property or improvements for the purpose of constructing or
providing low or moderately priced housing units for sale or lease to low or moderate income
persons; provided, that the parties to the transaction shall apply to the Town Manager for the
exemption prior to the occurrence of the transaction from which exemption is sought, and the
parties shall agree to appropriately restrict the future use of the property to low and moderately
priced housing units by recorded agreement, deed restriction, covenants, declarations or similar
instruments as may be required by the Town Manager;
3.12.070 - Application for exemption—appeal.
(a) Application required. No transfer of real property shall be exempt from the imposition of the
real estate transfer tax imposed in Section 3.12.030 unless a complete application for exemptions is
filed with the Town and such application is approved by the Town. An application may be filed no
more than seventy-five (75) days prior to a transfer of real property or within seventy-five (75) days
after the transfer of real property. No application for exemption from real property transfer tax shall
be received and no such application shall be approved if submitted to the Town more than four (4)
months after the date of transfer, unless the Finance Director finds good cause exists for a later
filing. Notwithstanding the foregoing, an application for exemption for low and moderate income
housing projects pursuant to Section 3.12.060(14) must be submitted and approved prior to the
transfer of real property and no such application for exemption pursuant to Section 3.12.060(14) may
be received or approved after the transfer of real property.
3.12.140 - Refund of tax paid in error.
A transferee who has paid a real estate transfer tax, or portion thereof, in error may apply for a
refund. Any such application for refund must be filed within one (1) year after the day of recording of
the deed causing the transfer. The failure to file an application for exemption from a real estate
transfer tax within the timeframes established in Section 3.12.070 shall not constitute the payment of
a real estate transfer tax in error. Any person whose application is denied may appeal to the town
council in accordance with Subsection 3.12.070(b) of this chapter.
Staff Response: Mr. Egan’s application for a primary residence exemption was approved by staff
based on the exemption noted on the application. Staff does not research property addresses on
primary residence applications for deed restricted status. The Town has previously approved full
exemptions from real estate transfer tax based on section 3.12.060(14) of the Municipal Code
when applied for before closing.
ATTACHMENTS
Paul Egan Appeal
Paul Egan RETT Exemption Application
Dear Town of Avon,
My name is Paul Egan, and I am a resident at the Grandview apartments. I am emailing you to
appeal section 3.12.060 (d) of the Town of Avon Municipal Code and request a refund for the real estate transfer tax. While applying for the exemption, I notated section 3.12.060 of the code
of my application; therefore, I did everything I should have done in applying for the
exemption. The Town is responsible to allow deed restricted properties full exemption, and
because I did everything in my power to apply for the exemption, I believe the Town made an
error by not identifying my apartment as deed restricted. Furthermore, upon reviewing a more recent application form, it became apparent that the Town
of Avon has updated their forms in June 2015 to include a section where an applicant marks a
choice for the type of exemption they are applying. With this addition, my selection as a deed
restricted property would have been clearer. However, I applied with a simpler, older form that I
was provided, which did not have such an option.
"There are very few deed restricted properties in the Town of Avon and they are in complexes
that also have units that are not deed restricted. The sale of deed restricted units in the Town is
very rare and only happens about once a year. To address this issue Kelly Huitt has asked the
Community Development department to alert her when someone is approved to purchase a deed restricted unit and communicate to them that they should speak with her regarding the exemption
of the real estate transfer tax. The town has exempted these transactions in the past, this one just
slipped through inadvertently.
I believe this alteration to the form is part of the reason why the Town did not grant me the transfer tax exemption it intends to give to deed restricted owners.
As I have conveyed above, I have overpaid my transfer tax based on the Town’s code at a time
when updates were being made to clarify the Town’s forms. I would greatly appreciate your
time and effort in reconsidering my case.
I look forward to hearing from you.
Regards,
Paul Egan
Sent from my iPhone
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: David McWilliams, Town Planner
Meeting Date: June 28, 2016
Agenda Topic: Public Hearing Resolution 16-16, Approving the MEZA PUD Amendment for Lot 110,
Block 1, Wildridge Subdivision
ACTION BEFORE COUNCIL
Action on Resolution 16-16, a Resolution approving a Minor PUD Amendment to the Meza PUD.
PROPOSED MOTION
“I move to approve Resolution 16-16, A Resolution approving File #PUD16003, an Application for a
Minor PUD Amendment to the Meza PUD.”
SUMMARY
Dominic Mauriello, the Applicant, representing Volorale Wildridge One LLC, the Property Owner, is
requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the allowed
building type for Lot 110, Block 1, Wildridge Subdivision (the Property). Currently, two (2) dwelling
units in the form of one (1) single-family-detached structure or one (1) duplex structure are permitted
by right. The Application is requesting to amend the zoning to change the allowed building type to
construct two (2) single-family-detached structures on a re-subdivided lot.
BACKGROUND
The Property is currently undeveloped, zoned PUD and is included in the Wildridge Subdivision. The
Wildridge Subdivision and PUD Plat contains a Land Use Summary table indicating the number of
units entitled for each individual lot. Lot 110 is shown as entitled for two (2) units in the form of either
one (1) single-family-detached structure or one (1) duplex structure.
The Application includes a narrative, response to the mandatory review criteria, and preliminary site
and building design plans showing a likely development scenario. This Application is requesting to
create two (2) separate lots of record that each would be permitted one (1) single-family-detached
structure:
Meza Minor PUD Amendment – Resolution 16-16
Approval of this request would supersede the existing entitlement of a duplex on the lot and would
only one (1) single-family-detached structure on each new lot.
The Application proposes to keep standard Wildridge easements: ten (10) foot front Snow Storage,
Maintenance Easement, and seven and one-half (7.5) foot side yard drainage and utility Easements.
Setbacks would also be consistent with the current PUD standards: 1) twenty-five (25) foot front
setback and ten (10) foot side and rear setback. The internal lot line setback between structures
would also be maintained at ten (10) feet, which would maintain a minimum of twenty (20) feet
between the two structures. The application was modified since last review to increase the setback
on the south side of the property from ten (10) feet to thirty (30) feet.
PROCESS
Minor PUD Amendment Process
According the Avon Development Code, a proposed PUD amendment is considered minor if it meets
the following criteria for decision and has been determined as such by the Director:
(A) The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the
intent and integrity of the PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result
in a change in character of any of the open space proposed within the PUD.
This application is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii),
sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures
for the same process.
The application, as submitted, meets the criteria for a Minor Amendment.
Public Notification
In compliance with the Public Hearing and noticing requirements, a mailed notice was provided to all
property owners within 300’ of the property. Additionally, a notice was published in the Vail Daily
newspaper on March 25, 2016.
PUD REVIEW CRITERIA
Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when
forming the basis of a recommendation:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards.
Such improvements in quality may include, but are not limited to: improvements in open space
provision and access; environmental protection; tree/vegetation preservation; efficient provision
of streets, roads, and other utilities and services; or increased choice of living and housing
environments.
(ii) The PUD rezoning will promote the public health, safety, and general welfare.
Meza Minor PUD Amendment – Resolution 16-16
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject
property while maintaining adequate levels of service to existing development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water
management, wildlife, and vegetation, or such impacts will be substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses
on other properties in the vicinity of the subject tract.
Staff Response: The Applicant is not requesting any special privilege, variance or zoning beyond
a residential classification containing development rights of two (2) units, unchanged from the
current entitlement. The proposed PUD amendment solely requests a change from attached
dwelling units to detached dwelling units and self-imposes restrictions in doing so.
Compared with maximized development of this property, this PUD Amendment acts to preserve
sight lines, maintains views of open space, and prevents continuous building massing along
Wildridge Road. Proposed building footprints and livable square footage maximums
complement existing building footprints in the area. Adjacent properties are better protected
from encroachment with the setback conditions included by the Planning and Zoning
Committee.
ATTACHMENTS
Resolution 16-16
PZC Report, dated June 7, 2016
Resolution 16-16 PUD16003 – Meza Minor PUD Amendment June 28, 2016
TOWN OF AVON
RESOLUTION NO. 16-16
A RESOLUTION APPROVING FILE #PUD16003, A MINOR PUD AMENDMENT TO THE MEZA PUD, TOWN OF AVON, EAGLE COUNTY, STATE OF COLORADO
WHEREAS, a Minor PUD Amendment Application (“Application”), was submitted to the Community Development Department of the Town on March 1, 2016 by Dominic Mauriello (“Applicant”) to modify the allowed building type to construct two (2) single-family-detached structures
on a re-subdivided lot; and
WHEREAS, the Application was reviewed as a “Minor PUD Amendment” pursuant to code section 7.16.060(1)(ii), Avon Development Code.
WHEREAS, the Planning and Zoning Commission held a public hearing on June 7, 2016 after posting notice of such Public Hearing in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided; and
WHEREAS, after holding a Public Hearing the Planning and Zoning Commission made a unanimous recommendation that the Town Council approve the Application; and
WHEREAS, the Avon Town Council held a public hearing on June 28, 2016, and after posting
notice as required by law, considered all comments, testimony, evidence and staff report prior to taking action on the Application; and
WHEREAS, the Avon Town Council has examined the review criteria set forth in §7.16.060(e)(4)
and made the following findings regarding the Application:
(1) The Application better promotes the public health, safety and welfare over that of the existing
development rights for a duplex because the Applicant is imposing stricter standards than the existing development standards; and, (2) Approval of the Application will result in consistency of building sizes found in the vicinity; and,
(3) The Application will not result in adverse impacts upon the natural environment, wildlife, vegetation, noise or air; and,
(4) The Application is in conformance with policy recommendations in the Avon Comprehensive Plan, including “siting buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with surrounding development, and break up building bulk.”
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that PUD16003, a Minor PUD Application for the Meza PUD, Town of Avon, State of Colorado, is hereby approved.
ADOPTED June 28, 2016, AVON TOWN COUNCIL
By: _______________________________ Attest: ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
Staff Report – Minor PUD Amendment
June 7, 2016 Planning & Zoning Commission Meeting
Project File Case #PUD16003
Legal description Lot 110, Block 1, Wildridge Subdivision
Zoning PUD (2 Units)
Address 3087 Wildridge Road
Owner
Prepared By
Valorale Wildridge One LLC
Matt Pielsticker, Planning Director
Introduction
Dominic Mauriello, the Applicant, representing Volorale Wildirdge One LLC, the Property Owner, is
requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the allowed
building type for Lot 110, Block 1, Wildridge Subdivision (the Property). Currently, two (2) dwelling units
in the form of one (1) single-family-detached structure or one (1) duplex structure are permitted by-
right. The Application is requesting to amend the zoning to change the allowed building type to
construct two (2) single-family-detached structures on a re-subdivided lot.
This file and public hearing was heard and continued from the April 5, 2016 PZC meeting. Since the last
public meeting meeting the application was revised with the following changes: reduced maximum
building footprint sizes, revised site design between structures with less bridging, two curb cuts instead
of one, and increased distance between the neighboring property to the south.
Process
Minor PUD Amendment Process
According the Avon Development Code, a proposed PUD amendment is considered minor if it meets the
following criteria for decision and has been determined as such by the Director:
(A) The PUD amendment does not increase density, increase the amount of nonresidential land use or
significantly alter any approved building scale and mass of development.
(B) The PUD amendment does not change the character of the development and maintains the intent
and integrity of the PUD.
(C) The PUD amendment does not result in a net decrease in the amount of open space or result in a
change in character of any of the open space proposed within the PUD.
This application is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii),
sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for
the same process.
The application, as submitted, meets the criteria for a Minor Amendment.
Public Notification
In compliance with the Public Hearing and noticing requirements, a mailed notice was provided to all
property owners within 300’ of the property. Additionally, a notice was published in the Vail Daily
newspaper on March 25, 2016.
Public Hearings
The April 5, 2016 and June 7, 2016 meetings complete the public hearing requirements for PZC review.
As noted, the Council will make the final decision on this Application after holding one more public
hearing and acting on a Resolution. The Town Council hearing is scheduled for June 14, 2016.
June 7, 2016 PZC Meeting – 3087 Wildridge Road PUD Amendment 1
Proposed PUD Amendment
The Property is currently undeveloped, zoned PUD and is included in the Wildridge Subdivision. The
Wildridge Subdivision and PUD Plat contains a Land Use Summary table indicating the number of units
entitled for each individual lot. Lot 110 is shown as entitled for two (2) units in the form of either one (1)
single-family-detached structure or one (1) duplex structure.
The Application includes a narrative, response to the mandatory review criteria, and preliminary site and
building design plans showing a likely development scenario. This Application is requesting to create
two (2) separate lots of record that each would be permitted one (1) single-family-detached structure:
Approval of this request would supersede the existing entitlement of a duplex on the lot and would only
allow one (1) single-family-detached structure on each new lot.
The Application proposes to keep standard Wildridge easements: ten (10) foot front Snow Storage,
Maintenance Easement, and seven and one-half (7.5) foot side yard drainage and utility Easements. Setbacks
would also be consistent with the current PUD standards: 1) twenty-five (25) foot front setback and ten (10)
foot side and rear setback. The internal lot line setback between structures would also be maintained at ten
(10) feet, which would maintain a minimum of twenty (20) feet between the two structures. The application
was modified since last review to increase the setback on the south side of the property from ten (10) feet to
thirty (30) feet.
Staff Analysis
The current development rights allow a single duplex structure. The proposal is analyzed in comparison
with a maximized development of the property to better determine the scenario most beneficial to the
neighborhood and adjacent properties. Staff finds there are several advantages of the proposed Lot 21
PUD Amendment that mitigate the potential consequences of constructing a large duplex, including:
• Decreased building footprint through self-imposed restrictions resulting in increased open
space/undevelopable area between and below the structures
• Livable square footage maximums, which ensure compatibility with size of neighboring
structures
• Increased building separation between property to south with newly platted 30’ setback line.
The Applicant is not requesting any special privilege, variance or zoning beyond a residential
classification containing development rights of two (2) units, unchanged from the current entitlement.
The proposed PUD amendment solely requests a change from attached dwelling units to detached
dwelling units and self-imposes restrictions in doing so. To conclude, the proposed development
scenario is advantageous to adjacent neighbors who will be impacted by any development of the
Lot Lot Size Building
Height
Footprint
Limit
Livable
Area
Garage
Area
Max Area
w/
Garage
Lot 110A 0.71 acres
or 31,030 sf
35 ft. 2,600 max 4,460 sf
max
900 sf max 5,360 sf
max
Lot 110B 0.48 acres
or 21,058 sf
35 ft. 2,032 max 3,607 sf
max
900 sf max 4,500 sf
max
TOTAL 1.2 acres or
52,288 sf
N/A 4,902 max 8,067 sf
max
1,800 sf
max
9,860 sf
max
June 7, 2016 PZC Meeting – 3087 Wildridge Road PUD Amendment 2
property. The Applicant has proactively contacted or been contacted by neighbors to address any
potential concerns.
PUD Review Criteria
Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when
forming the basis of a recommendation:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access;
environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and
other utilities and services; or increased choice of living and housing environments.
Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC,
includes statements regarding the implementation of the Comprehensive Plan; regulating intensity
of use; avoiding increased demands on public services and facilities; and providing for compatibility
with the surrounding area, among other statements. The proposed 3087 Residences PUD
amendment does not increase demands on public services, and provides compatible building layouts
with the surrounding area. It should be noted that other applicable development standards
(parking, design standards, access requirements) would remain intact, or be superseded with stricter
standards as outlined in the attached PUD submittal. The request for two curb cuts on Wildridge
Road, however, it results in less site disturbance between the structures by keeping the homes closer
to the road and less need for bridging.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: Staff finds that the Application better promotes the public health, safety and
welfare over that of the existing development rights for a duplex because the Applicant is imposing
stricter standards than the existing development standards. The inclusion of single-family structures
on the Property is compatible with the adjacent residential uses which are a mix of single-family,
duplex, and fourplex buildings. Furthermore, the application does not propose to change from the
existing residential designation.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
Staff Response: The proposed PUD amendment is part of an established PUD, and is therefore not
subject to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Consistency
with the Comprehensive Plan is required and analysis is provided below. The Comprehensive Plan
includes this property within District 24: Wildridge Residential District. The planning principals specific
to this property include the following:
• Site buildings of varying sizes along the street to maximize sun exposure, protect views,
be compatible with existing surrounding development, and break up building bulk.
The majority of the Wildridge District planning principles involve enhancing and promoting open
space connectivity. This property is located adjacent to a large open space tract and does not impact
that area of the subdivision. Approval of this Application would result in consistency of building sizes
June 7, 2016 PZC Meeting – 3087 Wildridge Road PUD Amendment 3
found in the vicinity. The break from a single duplex structure into two structures has the potential
to maximize light and air and decrease overall massing.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject
property while maintaining adequate levels of service to existing development;
Staff Response: This PUD amendment does not change the current development rights to construct
two residential units; therefore the existing services can adequately serve the property.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon the natural environment, including air, water, noise, storm water management, wildlife,
and vegetation, or such impacts will be substantially mitigated;
Staff Response: When compared to the existing duplex zoning, the proposed Minor PUD
Amendment will not result in any adverse impacts upon the natural environment, wildlife,
vegetation, noise, or air. Storm water management may be improved with more opportunities for
storm water runoff between the buildings and underneath the supporting cantilevered design (if
that conceptual development plan is pursued).
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract; and
Staff Response: Approval of this PUD amendment may result in a lesser overall impact to neighboring
properties since the proposed development standards are stricter than the existing development
standards.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff Response: Single-family-detached residential use is compatible in scale with current and
potential uses on other properties in the vicinity of the Property.
Staff Recommendation
Staff is recommending approval of the Application. The PZC shall conduct a public hearing, consider
public comments, and approve Findings of Fact, Record of Decision, and Recommendation to Council
pursuant to Section 7.16.020(f)(3), Findings.
Recommended Motion:
“I move to recommend approval of Case #PUD16003, an application for a Minor PUD Amendment for Lot
110, Block 1, Wildridge Subdivision together with the findings of fact noted in Staff’s report”
The following Findings may be applied should PZC make a favorable recommendation to Council:
1. The 3087 Residences application meets the eligibility requirements for a Minor PUD Amendment
by not increasing density, increasing the amount of nonresidential land use, or significantly alter
any approved building scale and mass of the development.
2. The 3087 Residences PUD Amendment does not change the character of the development and
maintains the intent and integrity of the PUD with two residential dwelling units on the
Property.
June 7, 2016 PZC Meeting – 3087 Wildridge Road PUD Amendment 4
3. The 3087 Residences PUD Amendment promotes the public health, safety and welfare over that
of the existing development rights for a duplex because the Applicant is imposing stricter
standards than the existing development standards.
4. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and compared to
the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse
impacts upon the natural environment or neighboring properties.
Attachment
A: Application Narrative. Rev. June 1, 2016
June 7, 2016 PZC Meeting – 3087 Wildridge Road PUD Amendment 5
Submitted:
March 1, 2016
Rev. June 1, 2016
PUD Amendment
3087 Wildridge Road
Lot 110, Block 1, Wildridge Subdivision
3087 Residences
A. INTRODUCTION
The applicant, Valorale Wildridge One LLC, represented by Mauriello Planning Group, is
reques>ng a Minor PUD Amendment for 3087 Wildridge Road / Lot 110, Block 1, Wildridge
Subdivision. The Wildridge PUD currently in effect iden>fies Lot 110 as a two unit lot, allowing
for a total of two dwelling units in the form of a duplex on the property. The applicant is
reques>ng the Town of Avon allow for two single family dwelling units on the property,
maintaining the exis>ng density allowed by the Wildridge PUD. Because the lot is located
within the Wildridge PUD, a minor amendment to the PUD is required. The lot is proposed to
be plaTed to create two single-family lots by a future subdivision applica>on should the PUD
Amendment be approved. Lot 110A is proposed at 0.68 acres / 29,660 sq. Y. and Lot 110B is
proposed at 0.51 acres / 22,428 sq. Y.
The property is a total of 1.2 acres / 52,088 sq. Y. There are
exis>ng homes to the south and west, with Town of Avon
open space to the north and across the street to the east.
The lot is very steep, and the design of the proposed homes
respond to the site by running parallel to the grades.The
homes are located as close as possible to the road, limi>ng
disturbance to the remainder of the lot but s>ll in compliance
with adopted setbacks.
The applicant has revised the plans since the previous review
by the Planning and Zoning Commission, to respond both the
the Commission’s concerns and comments from neighboring
property owners. The plans have been revised to show 30 Y.
to the property line of the the neighbor to the south. It was
previously approximately 16 Y. from this property line. In
addi>on, the applicant has minimized the driveway bridge
structure by providing two curb cuts. The bridge structures
reduces grading.
The applicant is proposing addi>onal limita>ons to further
restrict development of this site, making development here
more sympathe>c to the neighborhood and the original
design philosophy of the developer including the following:
Footprint Limita>on: There is no footprint limita>on currently for the site. The applicant
is proposing a footprint limita>on of 2,600 sq. Y. (8.3%) on Lot 110A and 2,032 sq. Y.
(9.6%) on Lot 110B for a overall building footprint of 5,022 sq. Y. or 9.4% of the en>re
property.
Livable Area Limita>on: There is no limita>on currently on the site for livable area. The
applicant is proposing a limit of of 4,460 sq. Y. (14%) on Lot 110A and 3,600 sq. Y. (17%)
on Lot 110B for an overall livable area limita>on of 8,060 sq. Y. or 15% of the en>re
property. Garages for each lot are proposed to be limited to 900 sq. Y.
Non-developable Zone: The applicant is proposing a non-developable area of 30,120 sq.
Y, or 58% of the en>re site.
These limita>ons provide a benefit to the neighborhood by ensuring that development on this
lot will be significantly less than what could be developed under current regula>ons. It
eliminates the future opportunity to construct a coast-to-coast duplex, which is common in this
area of Wildridge. It allows for a greater separa>on between the buildings, improved privacy
for owners, open space, beTer light and air, and reduced appearance of bulk and mass.
Below is a conceptual design of the lot layout and eleva>ons:
B. BACKGROUND
The Town of Avon was incorporated in 1978 and Benchmark Proper>es created the Wildridge
and Wildwood Subdivisions shortly thereaYer. The Wildridge Subdivision was subsequently
completely replaTed in 1981. Lot 110 was plaTed as 1.20 acres / 52,272 sq. Y. as indicated on a
por>on of the 1981 plat provided below:
C. ZONING ANALYSIS
Development Standard ExisBng Proposed
Lot Size:1.20 acres / 52,272 sq. Y. Lot 110A - 0.71 acres / 31,030 sq. Y.
Lot 110B - 0.48 acres / 21,058 sq. Y.
Density:2 units (in duplex format)2 units (in single family format)
Setbacks:Front - 25 Y.
Side - 10 Y.
Rear - 10 Y.
Front - 25 Y.
Side - 10 Y., 30 Y. to the southern property line
Side - 10 N. (internal between units)
Rear - 10 Y.
Height:35 Y.35 Y.
Footprint:No limita>on Lot 110A - 2,600 sq. Y. (8.3%)
Lot 110B - 2,032 sq. Y. (9.6%)
Total: 4,902 sq. Y. (9.4%)
Livable Floor Area:No limita>on Lot 110A - 4,460 sq. Y. (14%)
Lot 110B - 3,600 sq. Y. (17%)
Total - 8,060 sq. Y. (15%)
Garage Area:No limita>on Lot 110A - 900 sq. Y.
Lot 110B - 900 sq. Y.
Total - 1,800 sq. Y.
Non-developable Zone:No requirements 30,120 sq. Y. (58%)
D. CRITERIA FOR REVIEW
Sec>on 7.16.060.4 establishes the criteria for review of a PUD amendment. Sec>on 7.16.060.4
states:
Review Criteria. The PZC and Town Council shall consider the following criteria as the
basis for a recommenda;on or decision to rezone a property to PUD Overlay, and
approve a preliminary PUD plan, or process a PUD amendment:
(i)The PUD addresses a unique situa3on, confers a substan3al benefit to the Town, and/or
incorporates crea3ve site design such that it achieves the purposes of this Development
Code and represents an improvement in quality over what could have been accomplished
through strict applica3on of the otherwise applicable district or development standards.
Such improvements in quality may include, but are not limited to: improvements in open
space provision and access; environmental protec3on; tree/vegeta3on preserva3on;
efficient provision of streets, roads, and other u3li3es and services; or increased choice of
living and housing environments.
Applicant Response: The proposed amendment to the Wildridge PUD to allow for two single
family homes provides a structure for a crea>ve site design that is an improvement over the
exis>ng duplex development scenario. It allows for a greater separa>on between the
buildings, addi>onal green space and reduced appearance of bulk and mass. Furthermore,
the addi>onal restric>ons proposed by the applicant provide a substan>al benefit to the
Town. The proposed si>ng of homes as proposed is consistent with the recommenda>ons
found in the original design guidelines. The homes will each be benched into the hillside to
conform to the slope. The proposed roof lines run with the slope of the land. The structures
are linear due to the steep grade. Buildings are being ar>culated in response to slope to
reduce building scale and create spa>al variety. Finally, the separa>on of the units and the
limita>ons placed on the floor area provide for increased choice of living opportuni>es.
More than a third of the development in Wildridge is mul>ple family including Wildwood
which is part of the Wildridge subdivision. One of the least available housing formats in all
of Avon is single-family and this applica>on addresses this showing choice while also limi>ng
the floor area in perpetuity.
(ii)The PUD rezoning will promote the public health, safety, and general welfare;
Applicant Response: The applicant is proposing two units in a single-family format, while
the current regula>ons would require the two units in a duplex format. Because there is no
increase in the number of proposed dwelling units, there is no increase in the es>mated
number of vehicular trips generated by the units. The homes have been sited with
sensi>vity to views and openness of the neighbors. As indicated in this analysis, the
proposal promotes the public health, safety, and general welfare.
(iii)The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
Applicant Response: The Avon Land Use Map indicates the property as Residen>al - Low
Density as indicated on the map below:
The Comprehensive Plan defines “Residen>al-Lot Density” as follows:
Areas designated for residen;al low density are intended to provide sites for single-family,
duplex, and mul;-family dwellings at a density no greater than 7.5 dwelling units per acre.
The proposal complies with the density as recommended by the Comprehensive Plan. The
purpose of the Development Code is provided in Sec>on 7.04.030 Purposes of the Avon
Development Code:
The Development Code is intended to promote and achieve the following goals and purposes for
the Avon community, including the residents, property owners, business owners and visitors:
(a) Divide the Town into zones, restric;ng and requiring therein the loca;on, erec;on,
construc;on, reconstruc;on, altera;on 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 loca;ons of buildings designed for specified industrial, commercial, residen;al and
other uses within such areas; establish standards to which buildings or structures shall
conform; establish standards for use of areas adjoining such buildings or structures;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(c) Comply with the purposes stated in state and federal regula;ons which authorize the
regula;ons in this Development Code;
(d) Avoid undue traffic conges;on and degrada;on of the level of service provided by streets
and roadways, promote effec;ve and economical mass transporta;on and enhance effec;ve,
aRrac;ve and economical pedestrian opportuni;es;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentra;on or
sprawl of popula;on;
(f) Provide a planned and orderly use of land, protec;on of the environment and preserva;on
of viability, all to conserve the value of the investments of the people of the Avon community
and encourage a high quality of life and the most appropriate use of land throughout the
municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facili;es
which exceed capacity or degrade the level of service for exis;ng residents; provide for phased
development of government services and facili;es which maximizes efficiency and op;mizes
costs to taxpayers and users; and promote sufficient, economical and high-quality provision of
all public services and public facili;es, including but not limited to water, sewage, schools,
libraries, police, parks, recrea;on, open space and medical facili;es;
(h) Minimize the risk of damage and injury to people, structures and public infrastructure
created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other
natural hazards;
(i) Achieve or exceed federal clean air standards;
(j) Sustain water sources by maintaining the natural watershed, preven;ng accelerated
erosion, reducing runoff and consequent sedimenta;on, elimina;ng pollutants introduced
directly into streams and enhancing public access to recrea;onal water sources;
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic
views, provide recrea;onal opportuni;es, sustain the tourist-based economy and preserve
property values;
(l) Promote architectural design which is compa;ble, func;onal, prac;cal and complimentary
to Avon's sub-alpine environment;
(m) Achieve innova;on and advancement in design of the built environment to improve
efficiency, reduce energy consump;on, reduce emission of pollutants, reduce consump;on of
non-renewable natural resources and aRain sustainability;
(n) Achieve a diverse range of aRainable 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 ;me residen;al community
which is balanced with the visitor economy;
(o) Promote quality real estate investments which conserve property values by disclosing risks,
taxes and fees; by incorpora;ng prac;cal and comprehensible legal arrangements; and by
promo;ng accuracy in investment expecta;ons; and
(p)Promote the health, safety and welfare of the Avon community.
As demonstrated within this document, the proposal is consistent with and in substan>al
compliance with the purpose of the Development Code by not increasing the number of
dwelling units.
The eligibility criteria for a PUD are outlined in Sec>on 7.16.060(b) and state the following:
(1) Property Eligible. All proper;es within the Town of Avon are eligible to apply for PUD
approval.
(2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the
Avon Comprehensive Plan.
(3) Consistent with PUD Intent. The proposed development shall be consistent with the intent and
spirit of the PUD purpose statement in §7.16.060(a).
(4) Compa;bility with Exis;ng Uses. The proposed development shall not impede the con;nued
use or development of surrounding proper;es for uses that are permiRed in the Development
Code or planned for in the Avon Comprehensive Plan.
(5) Public Benefit. A recognizable and material benefit will be realized by both the future
residents and the Town as a whole through the establishment of a PUD, where such benefit
would otherwise be infeasible or unlikely.
(6) Preserva;on of Site Features. Long-term conserva;on of natural, historical, architectural, or
other significant features or open space will be achieved, where such features would otherwise
be destroyed or degraded by development as permiRed by the underlying zoning district.
(7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with
all applicable regula;ons of the Development Code, to adequately serve the needs of all
permiRed uses in the PUD projects, and to ensure compa;bility between uses and the
surrounding neighborhood.
As demonstrated within this document, the proposal is consistent with the eligibility criteria
for a PUD. The proposal is consistent with the Avon Comprehensive Plan and compa>ble
with exis>ng uses, which are of a similar density as the proposal.
(iv)Facili3es and services (including roads and transporta3on, water, gas, electric, police and
fire protec3on, and sewage and waste disposal, as applicable) will be available to serve
the subject property while maintaining adequate levels of service to exis3ng development;
Applicant Response: The applicant is proposing the same number of units as currently
allowed by the Town of Avon, and as a result, all facili>es and services are available and
adequate to serve the development. There is no increase in demand as a result of the
proposal, and therefore the proposal maintains adequate levels of service to exis>ng
development.
(v)Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water
management, wildlife, and vegeta3on, or such impacts will be substan3ally mi3gated;
Applicant Response: The proposal will have beneficial impacts on wildlife and vegeta>on as
a result of the proposed non-developable zone, limi>ng development to specific areas on
the lot. The remaining area will remain generally in its natural state, crea>ng opportuni>es
for wildlife and vegeta>on. The proposal is en>rely located within a previously plaTed
subdivision, with no increase in the allowable density, and as a result will not have any
addi>onal adverse impacts on the above-referenced criteria.
(vi)Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
Applicant Response: As there is no increase in allowable density for the proper>es, there is
no increase to impacts upon other property in the vicinity. The proposal is consistent with
the allowable density for surrounding proper>es and will be smaller in scale than many of
the exis>ng homes in the neighborhood. The following photos provide some idea of the
character and size (from Eagle County Assessors) of the exis>ng homes in the vicinity:
(vii)Future uses on the subject tract will be compa3ble in scale with uses or poten3al future
uses on other proper3es in the vicinity of the subject tract.
Applicant Response: The Wildridge neighborhood is developed with a mix of single-family
homes, duplexes, and mul>ple family dwellings. The majority of the lots in the
neighborhood are allowed a minimum of two dwelling units (534 units or 267 lots out of the
849 units originally proposed). Homes in the neighborhood vary greatly in size, with some
small single-family residences under 3,000 sq. Y., to larger duplexes with some up to 7,000
sq. Y. As a neighborhood that has developed slowly over the past 35 years, architectural
style and unit size have changed as a reflec>on of trends over that same period. The
demands for floor area in the 1980s and what is deemed more acceptable today are
significantly different.
Many of the duplexes built over the last two decades in Wildridge departed from the
general design principles that this applica>on promotes:
Structures that conform to the natural landform, stepping with grade, and roof sloping in
the direc>on of the grades (steep slopes);
Ar>culated building massing, with small building forms to create a more addi>ve
appearance; and
Building materials (stucco, wood, stone) and colors (natural earth tones) that blend with
the natural landscape.
The character of the architecture for the proposed units will also be compa>ble with the
neighborhood. The proposed homes have been sited to be responsive to the site, stepping
with the natural grade and stepping down on the front and sides to anchor the buildings to
the ground. Building massing is consistent with the neighborhood and both units are below
the maximum height limita>on. While the final materials have not been iden>fied, the
proposed materials will be those that are prevalent throughout Wildridge and consistent
with the design guidelines, such as wood siding, stucco, and stone. The conceptual design
for the project is provided below, though it is important to note that these have yet to go
through the Design Review process:
E. PREVIOUS APPLICATIONS BY MAURIELLO PLANNING GROUP
Mauriello Planning Group has processed several similar applica>ons which have allowed for
single family homes where duplexes were previously allowed. In all cases, the applica>ons have
resulted in limita>ons on development that are responsive to the topography, bulk and mass,
and considerate of neighboring uses. In just about every case, the neighbors were ul>mately
suppor>ve of the proposals.
Wildridge Point
Two duplex lots converted to three single-family lots
Building footprint limited on Lot 2 to 3,000 sq. Y. or 12% of the lot area
Building footprint limited on Lot 3 to 2,500 sq. Y. or 7% of the lot area
5151 Longsun Lane
Duplex divided into two single family homes
4290 Wildridge Road West
Duplex divided into two single family homes
Footprints limited to 2,400 sq. Y. on each lot
4010 Wildridge Road West (Gasperlin Residences)
Duplex divided into two single family homes
Building footprint limited to 2,900 sq. Y. for each lot
Livable area limited to 4,000 sq. Y. for each lot
4250 Wildridge Road West
Duplex divided into two single family homes
Limited height to 33 Y. (south) and 30 Y. (north)
Created building envelopes
Foot print limita>on of 2,900 sq. Y. (south) and 2,500 sq. Y. (north)
Livable are limited to 3,900 sq. Y. for each unit
F. CONCLUSIONS
The applicant has shown that this lot can be developed with two single-family homes in a
manner that is consistent with the Town’s review criteria and comprehensive plan policies.
Further, this applicant has provided addi>onal restric>ons and benefits that will ensure that
future homes developed on the subject proper>es will be respecoul of topography and
sympathe>c to the neighborhood. The site planning for these two lots is a significant
improvement over that of a duplex structure on this property even with dwelling units of the
same or similar size.
We hope you will agree that this proposal, considered independently from other similar
proposals on other proper>es, meets the review criteria and is an enhancement over the
exis>ng zoning restric>ons on the property.
G. ADJACENT ADDRESSES (within 300 Feet)
TOWN OF AVON
PO BOX 975
AVON, CO 81620-0975
BLOCK, JONATHAN ALEXANDER & DANIELLE ELKIN
PO BOX 1555
AVON, CO 81620-1555
FRED & FLORA HILLER LIVING TRUST
12950 N HIGH HAWK DR
MARANA, AZ 85658-4239
GROW, STEVEN M. & MARGARET S.
8 MANETTE RD
MORRISTOWN, NJ 07960-6344
SHERMAN, CHARLES M. - PETERS, PEGGY L.
PO BOX 1044
AVON, CO 81620-1044
LANE, LAWRENCE
PO BOX 3117
AVON, CO 81620-3117
HARRISON, KEITH
PO BOX 536
VAIL, CO 81658-0536
JONES, SHARON S. - SAMSON, GREG M.
PO BOX 7685
AVON, CO 81620-7685
WALKER, J. KIM & MARYJO
9848 SE SANDPINE LN
HOBE SOUND, FL 33455-6399
SHERMAN, SHEILA M.
1734 BLUEBELL DR
BRIGHTON, CO 80601-6787
MEINTJES, LEIGH P. - WILDE, SEAN WJ
6725 ROXBURY TRCE
ALPHARETTA, GA 30005-1753
JOHN C. BUCHER DECLARATION OF TRUST
29025 N SPOON CT
MUNDELEIN, IL 60060-5311
PETROWSKI, DAVID S. & HILARY W.
PO BOX 1178
AVON, CO 81620-1178
NELSON, LINDSEY ALLAN
PO BOX 8751
AVON, CO 81620-8709
GREENE, RICHARD & LINDA
3300 E DELHI RD
ANN ARBOR, MI 48103-8858
RAUB, SCOTT
PO BOX 2999
EDWARDS, CO 81632-2999
GROSS, LAURA F. & ROBERT C.
4011 SAN FELICE PT
COLORADO SPRINGS, CO 80906-5900
BECKER-PEREZ, STEPHANIE M. - PEREZ, JASON S.
PO BOX 833
AVON, CO 81620-0833
JONES, JAMES D.
2399 N FRONTAGE RD W
VAIL, CO 81657-4285
BRAINARD, DAVID A. - ABBEY, DONNA R.
7773 KRYPTONITE LN
CASTLE ROCK, CO 80108-3112
PINES OF WILDRIDGE TOWNHOME ASSOC INC
PO BOX 1593
VAIL, CO 81658-1593
CRAINE, LORI J.
PO BOX 1732
LEADVILLE, CO 80461-1732
BURTON, BRET A. & CARRYN
PO BOX 8623
AVON, CO 81620-8619
DEAN, JENNIFER L.
PO BOX 2001
AVON, CO 81620-2001
VOSS, GEOFFREY E. & JENNIFER L.
PO BOX 3612
AVON, CO 81620-3612
ROMANIN, MELISSA G.
PO BOX 4138
EAGLE, CO 81631-4138
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1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RD AVON, CO 81620 A1.01aELEVATIONSWILDRIDGE RESIDENCES Project Number - 142806.01.2016
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SEWER MANHOLE 2560 INV=8178.1 MEAS RIM=8184.3 BASIS OF ELEVATION TEST HOLE SLOPE MAINTENANCE,DRAINAGE & SNOW STORAGE EASEMENTTRACT F LOT 90LOT 110 LOT 91 LOT 109WILDRIDGE ROAD (50' R.O.W.)N 7 3 °5 5 '1 8 "E 2 1 7 'S11°34'40"E 276.90'S 7 8 °2 5 '2 0 "W 1 7 6 .8 5 'N15°56'35"W 85.88'N 22°17'08"W 177.3 3'8104.108104.10 CABLEPED105105
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1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RD AVON, CO 81620 A1.02a3D MODELWILDRIDGE RESIDENCES Project Number - 142806.01.2016
1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RD AVON, CO 81620 A1.03a3D VIEWSWILDRIDGE RESIDENCES Project Number - 142806.01.2016
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1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RD AVON, CO 81620 A1.04a3D VIEWSWILDRIDGE RESIDENCES Project Number - 142806.01.2016
1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 f.(970) 476-4901 p.(970)476-63423087 WILDRIDGE RD AVON, CO 81620 A1.05a3D VIEWSWILDRIDGE RESIDENCES Project Number - 142806.01.2016
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 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: Lot 39 and Tract O Land Exchange Request
DATE: June 23, 2016
Summary: The Reynolds Corporation desires to construct duplexes on Lot 39 and is proposing to swap a
portion of Lot 39 with the lower portion of Tract O to facilitate the design of the access driveway. A water
storage tank is currently located on the upper portion of Tract O. The driveway access would also serve as
future access for the development of a duplex on Lot 38. Attached is a narrative from RAL Architects. The
Avon Planning Commission took action to recommend approval of the land swap as proposed by the owner
of Lot 39. The Upper Eagle River Water Authority provided a letter and diagram requesting certain
restrictions and acknowledgements about a future water storage tank as well as a request for additional
area of Lot 39 to be added to Tract O to facilitate a future replacement water storage tank. The Authority
has no immediate plans to construct a replacement water storage tank, but values the designation of
suitable areas for future construction of a replacement water storage tank.
Proposed Motion: “I move to approve to the conceptual land exchange between Lot 39 and Tract O as
proposed by RAL Architects, with the incorporation of the requests by the Upper Eagle River Water
Authority, and direct Town staff to work with the owner and representative of Lot 39 to prepare and review
such deeds, easements and agreements as deemed appropriated for Council approval.”
Land Exchange: The owner has proposed to convey a portion of Lot 39 in exchange for a driveway and
utility access easement. It may be possible for the Town Council to convey the requested portion of Tract
O by fee simple deed without an election under Section 18.3 of the Avon Home Rule Charter because that
portion of Tract O is not “. . . real property in use for public purposes . . . .” There are several pros and cons
for the Town to providing a driveway and utility access versus a fee simple conveyance because the Town
needs to retain a drainage easement across this portion of Tract O. These considerations will be analyzed
further by Town staff before bringing an ordinance to approve the land exchange between Lot 39 and Tract
O.
It is not common for the Town to provide Town land for access to facilitate development; however, the
proposed land exchange would result in a public benefit by providing a suitable future site for the
replacement of the existing water storage tank.
ATTACHMENTS: Narrative from RAL Architects, Inc., July 7, 2016
Letter from Eric Jorgenson, attorney for Eagle River Fire Protection District, dated
June 21, 2016
Site Plan from UERWA depicting desired portion of Lot 39.
Thank you, Eric
M EMORANDUM & PLANNING, LLC
5032-5040 Wildridge LLC
Proposed Land Swap/Access Easement
Lot 39 and Tract O
Block 4
Wildridge Subdivision
Town of Avon, Colorado
June 7, 2016
Vicinity Map
Introduction
Lot 39 sits on the north side of Wildridge Road East soon after the four way intersection that
signifies the split of Wildridge Road East and West. Lot 39 is approximately 2.463 acres and
abuts Town of Avon property Tract O, including an encroachment from the building and water
tank located upon it. The properties are very steep with extremely limiting grades and building
siting areas. There are small pockets of manageable grades and slopes mostly situated on the
upper and western portion of the lots. The areas of the lots that abut Wildridge Road East are
extremely steep and limiting for site access, with there in reality being only one reasonable area
for site access on the far Eastern edge of Lot 39 and on to Tract O.
Our proposal entails conveying a portion of Lot 39 to the Town of Avon to be incorporated onto
Tract O so that the ERWSD water tank and associated pump house building will be contained
entirely on Tract O and no longer encroach on the adjacent property. In exchange for the this
land conveyance, we are requesting that an access and utility easement be granted across the
bottom of Tract O for use in constructing a driveway to access Lot 39 and in the future Lot 38
through the Tract O property.
It is our opinion that this exchange offers a benefit to all parties involved. For the Town of Avon,
the newly acquired land would ensure control of the area surrounding the water tank and pump
house to eliminate the risk that adjacent construction on Lot 39 could potentially cause structural
instability by disturbing and undermining the hillside that supports the water tank and pump
house. The pump house, water tank, and immediate surrounding area would be completely
located on Tract O ensuring control over those structures. The additional land would also allow
for more flexibility for future water service improvements and adjustents. For 5032-5040
Wildridge LLC, the benefit revolves around the construction of the driveway. Lot 39 is extremely
steep and any driveway access onto the property will be difficult. The easement through Tract
O would allow the driveway to start at a higher elevation along Wildridge Road as the road rises
as it continues to the east in front of Tract O. The driveway would also now be longer which
would help to achieve a greater elevation once on to the property allowing for better building
siting, decreased retaining wall height, and decreased property disturbance. Accessing the site
at a higher point from the proposed driveway through Tract O also benefits the future access to
Lot 38. Designing the driveway to accommodate this access greatly decreases the disturbance
that would occur if Lot 38 was access directly from Wildridge Road. By the time the driveway
through Tract O and Lot 39 gets to Lot 38, there is no longer a need for retaining walls and that
lot can be accessed simply with some grading adjustments to the existing site. The overall site
concept is demonstrated in the site concept plan along with some site sections attached to the
end of this narrative. While these factors are a benefit to the development of Lots 38 and 39,
they are also benefits for the Town of Avon as the final constructed solution on the property
would be less overwhelming, with less disturbance, and a greater degree of harmony with the
surrounding neighborhood. The majority of the driveway and retaining areas will be located
behind the residences and screened from adjacent properties by the structures below and the
hillside above.
We have met with ERWSD to review this proposed swap, and at their May 26, 2016 Board of
Directors meeting, they unanimously approved supporting this land swap proposal. During the
process of working with them, we reviewed the driveway at its closest point to the water tank
and had that section analyzed by a structural engineer to determine the viability of the retaining
wall construction along the driveway and any risk that would pose to the water tanks stability.
The engineers letter is also attached to this narrative. The site section reviewed is as follows:
The current configuration of Lot 39 and Tract O are as depicted in the following survey:
The proposed land conveyance and subsequent easement to be granted are described in the
following attached image:
Lot Areas and Dimensions
Existing
Lot 39 2.463 acres
Tract O 0.46 acres
Proposed
Lot 39 2.230 acres
Tract O 0.693 acres
Land conveyed to Tract O - .233 acres (10,171sf)
New easement on Tract O - 6,305sf
Proposed Design
The proposed design for the driveway and subsequent first duplex on Lot 39 is attached to this
narrative. This design was reviewed and approved by the Avon Planning and Zoning
Commission at their April 19, 2016 meeting, contingent upon the land swap/easement being
approved by the Avon Town Council. The design depicted in this submittal is greatly improved
by the driveway access through Tract O. Last year, the Avon Planning and Zoning Commission
approved a duplex design for Lot 39 that did not propose accessing the property through Tract
O. The improvement to the building design through this new proposed access was noted at the
April 2016 meeting through the following comments and observations:
1. The bulk of the retaining walls are located behind the house blocking them from view off
of the site.
2. The vertical scale of the house is greatly improved from the previous design by the new
driveway configuration accessing the site at a higher point than before. The maximum height of
the design is greatly reduced and is well below the maximum allowable height of 35’
3. The amount of cut and disturbance on the lot is greatly reduced by the new driveway
configuration accessing the site at a higher point than before.
4. The new driveway configuration provides a more desirable house configuration with a
main level entry on the garage level.
5. The garage doors and parking areas are behind the house and screened from view off
site.
6. The higher driveway will facilitate better access to the rest of the lot with less disturbance
and retaining for the second duplex permitted to be constructed on Lot 39 by current zoning as
well as the possibility of accessing the adjacent Lot 38 from the same driveway with much less
disturbance than would be required by accessing the Lot directly from Wildridge Road and with
no additional retaining walls required.
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Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 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: Public Service Company Gas Line Charges in Wildridge
DATE: June 23, 2016
SUMMARY: Buz Reynolds raised concerns about charges by Public Service Company (“PSCO”) for
natural gas line installation in Wildridge. The charges were just under $7,000 for 2 service lines
connections of a combined length of approximately 200’ where the property owner dug the trench. The
Town of Avon entered into an agreement with PSCO, dated July 10, 1990, to extend a natural gas main to
Wildridge to provide service (“1990 PSCo Agreement”). Avon formed a special improvement district to pay
for the gas line and cable line extensions and assessed all property owners in Wildridge for the cost of such
utility line extensions. Paragraph 5.2 of the 1990 PSCo Agreement states, “5.2 PSCo shall not collect any
amounts from its customers due to connections to the distribution facilities being constructed pursuant to
this Agreement.”
I sent a letter last fall to request information to determine if the gas line connection charges by PSCo
are limited to the actual cost of a service line connection or whether a portion of the charges exceed the
costs of the service line connection and constitute charges for connection to the distribution facility
constructed under the 1990 PSCo Agreement. Although I have had several conversations with Julie
Stencel, legal counsel for PSCo, since sending the letter, PSCo has not provide any information to
demonstrate that the service line charges are limited to the actual cost of the service line installation. It is
not possible to determine if PSCo is in breach of the 1990 PSCo Agreement without the requested
information of the actual cost of service line connections.
If the Council desires to pursue this further then the next recommended step is to file an “informal
complaint” with the Public Utilities Commission (“PUC”). The PUC expects that it would respond to an
informal complaint within 2-3 weeks. If this step did not result in obtaining information from PSCo to verify
the service line connection charges then the Town could pursue a formal complaint with the PUC. I do
recommend working through the PUC first to obtain information related to billing and costs for gas line
connections in Wildridge before considering any action under the 1990 PSCo Agreement.
REQUESTED ACTION: Authorize filing an informal complaint with the PUC to obtain information related
to the cost of service gas line connections in Wildridge.
ATTACHMENTS: Letter to PSCo, dated October 5, 2015
Thank you, Eric
M EMORANDUM & PLANNING, LLC
HEIL LAW & PLANNING, LLC OFFICE: 970.468.0635
1022 SUMMIT DRIVE FAX: 720.836.3337
DILLON, CO 80435 E-MAIL: ERIC@HEILLAW.COM E-MAIL: ERICHEILLAW@YAHOO.COM
HEIL LAW
October 5, 2015
Public Service Company of Colorado
Sent VIA E-Mail: inquire@xcelenergy.com
RE: Gas Line Connection Charges in Wildridge Subdivision, Avon, Colorado
To whom it may concern:
I represent the Town of Avon, Colorado as its Town Attorney. It has come to the attention of the Town of
Avon that property owners in the Wildridge Subdivision located in Avon, Colorado have been charged
connection fees for connecting to the Wildridge gas distribution facility. The Town of Avon entered into an
Agreement for Financing the Construction of Gas Distribution Facilities between the Town of Avon
(Avon) and Public Service Company of Colorado (PSCO), dated July 10, 1990, whereby the Town of
Avon paid slightly over $1 Million dollars to finance the installation of natural gas line and PSCO agreed to
not charge for connection to the gas distribution facilities (see paragraph 5.2). Attached is an example
invoice whereby PSCO charged $6,927 for connection the PSCO gas line.
I look forward to discussing this matter further and understanding PSCO billing practices in the Wildridge
Subdivision in Avon, Colorado.
Sincerely,
Eric J. Heil, Esq., A.I.C.P.
Avon Town Attorney
& PLANNING LLC
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Date: June 28, 2016
Agenda Topic: Action on Resolution 16-19 Adopting the Town of Avon 2017-18 Strategic Plan
Please find attached proposed Resolution 16-19 Adopting the Town of Avon 2017-18 Strategic Plan.
The Plan summarizes the purpose of developing a strategic plan and Vision Statement, and then lists
future priorities and strategies to meet the objectives of the Vision Statement. The document is the
culmination of your direction at the June 14, 2016, Council Retreat work session.
• I have placed the strategies into prioritized “tiers” as I best understood your priorities at the
Retreat, and, as such, are subject to your review.
• Since the Retreat, Councilor Sarah Smith Hymes requested that identification of one or more
dog parks be included in the plan, and I have made that addition.
Priority work for the balance of 2016, as reviewed at the Retreat, follows this cover memo.
Strategies, which have been completed to date in 2016, have been moved to the RECENT SUCCESSES
section of the proposed 2016-17 Strategic Plan.
Once the Strategic Plan is adopted, I, with my staff, will prepare and recommend budgets to you to
implement the strategies. Once the budget is approved, respective staff prepares work plans which
detail the timing and approaches to complete the work.
Recommended Motion
Once Council has finalized its review and provided any modifications, the appropriate motion to be
considered is:
I move to approve Resolution 16-19 Adopting the Town of Avon 2017-18 Strategic Plan.
Attachment
Resolution 16-19
Town Council Strategic Priorities Fiscal Year 2016
REPORT ON STATUS OF
2016 COUNCIL STATED PRIORITIES
FROM THE COUNCIL RETREAT OF JUNE 14, 2016
SUPPORT A STRONG COMMUNITY,
BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY
Tier 1 Priorities
Proposed Completion Date: December 31, 2016
Update the comprehensive plan, including demographic data update and consideration of policy
support for the millennial generation and seniors
Proposed Completion Dates: December 31, 2016
Develop diverse options for local working housing through public - private partnerships; study
successful models in other resort communities
Develop an IGA with The Valley Store to manage all Avon deed restricted housing
properties
Participate in Eagle County’s evaluation of forming a multi-jurisdictional housing
authority
Continue to pursue private-public partnerships
Proposed Completion Dates: October 18, 2016
Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with
transit, parking and wayfinding
Complete E-WBC Boulevard walkability/bike-ability test
Finalize E-WBC Boulevard walkability/bike-ability design for bid
New Strategy; Proposed Planning Dates: September 15, 2016 – September 15, 2017
Retain qualified consultant services to assist in the preparation of master land use plans for Tract
G, Lot 5 and Swift Gulch, building on the Stan Clauson Associates, November, 2015, initial plan.
The planning will be an inclusive process with the greatest civic engagement.
Tier 2 Priorities
MOVE to 2017: Map railroad right-of-way and Town easements to evaluate transportation
options
Move to 2017: Work with local merchants on a bike sharing program
Delete from Strategies: Evaluate the pros and cons of zoning Wildridge
Move to 2017 as an element of a comprehensive transit planning
Conduct a survey in the Wildridge development to assess interest in transit ridership, including
but not limited to days and hours of operation
On-going
Maintain a strong partner relationship with our business community, developers, Vail Valley
Partnership and the Vail Leadership Institute
Throughout the year, Liaison Appointees and Town Manager will meet with respective principals
for developments in the Town of Avon to discuss current issues, development needs and
opportunities
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PRESERVE & ENHANCE THE NATURAL ENVIRONMENT
Tier 1 Priorities
Move to 2017: Amend the Town’s landscape code to more effectively replace vegetation which
has been removed
Tier 2 Priorities
Proposed Completion Date: December 31, 2016
Process Annexation and Zoning applications, including surveying and public notification
requirements, for the 85.99 acre “Village Parcel” deeded to Town through the Eagle Valley Land
Exchange of 2013
On-going
Evaluate climate action plan/adaptation needs for public and private properties
Once Eagle County completes its Climate Action Plan, place on the Town Council agenda
for direction.
Move Specific Actions to 2017: Evaluate waste reduction options
Proposed Completion Date: July 12, 2016
Resolve Avon Drinking Water Facility fenced area for ownership and/or lease to the Water
Authority; and, in the interim, remediate liability concerns
Move to 2017: Assess the Town's public tree stock in the park and in right-of-ways for timely
replacement
On-going
Participate as a member of the Urban Run-off Group to evaluate and support, as appropriate,
needed Eagle River improvements
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DEVELOP INCLUSIVE & DIVERSE ECONOMIC,
EDUCATIONAL & CULTURAL OPPORTUNITIES
Tier 1 Priorities
On-going: Fund a diverse program of vibrant arts, educational, cultural and recreational
offerings at the Pavilion & Mall
Report to Town Council in late September or early October on all 2016 events and
festivals for direction regarding mix, size and prominence
Move to 2017: Upgrade and relocate the Nottingham Park Playground, prioritizing this project
for a 2016 GOCO grant application
Proposed Completion Date: August 9, 2016
Update the Avon Trails Plan to provide a comprehensive, prioritized soft and hard trails plan,
including trail connectivity
After plan adoption, Council will provide direction regarding trail development priorities
Pursue grants
Tier 2 Priorities
Proposed Completion Date: November 1, 2016
Provide needed improvements to Whitewater Park, its parking and access
On-going: Support regional World Class events and the Walking Mountains School
Move to 2017: Build photo monuments around the commercial core to memorialize Avon’s
history
Proposed Planning Dates: September 15, 2016 – September 15, 2017
Revised: Help support the formation of a citizen committee, who will evaluate keeping the
Hahnewald Barn, Blacksmith Barn and Cabin in the Town of Avon, as a stakeholder group, during
the Tract G planning process
On-going
As appropriate, share the results of the Community Survey with potential business interests in
terms of types of businesses and services desired in Avon
Maximize the grant resources available through potential sources available such as through the
Office of Economic Development and International Trade, including its new Outdoor Industry
Recreation Office; a Scientific & Cultural Facilities District, and Department of Local Affairs
Page 4
PROVIDE A RESPONSIVE, CUTTING-EDGE
& EFFECTIVE GOVERNMENT STRATEGIES
Tier 1 Priorities
Updated: Planning & Construction Dates: June 28, 2016 – December 1, 2017
Complete pricing and construction of the new Police Station at the Public Safety Facility
With Design Committee oversight, complete planning of the New Town Hall, with Town
Council approval of the final layout recommendation; bid and manage construction
Plan relocations of all employees in a seamless manner
On-going
Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails;
appropriating deferred maintenance funds as required, and seeking long term debt approval,
when appropriate
New Strategy – Proposed Completion Date: December 15, 2016
Implement Marketing Plan’s 2016 priorities, including updating of the website and social media
policy
New Strategy – Proposed Completion Date: November 1, 2016
Execute RFP for a comprehensive community swim program at the Avon Recreation Center,
select provider(s) and implement. Establish a goal for 100% of Avon residents to Learn to Swim,
if not already skilled at a level to utilize the Nottingham Lake. Provide for free-to-reduced fees
for populations who will require a subsidy to participate in the Learn to Swim sessions.
Tier 2 Priority
Move to 2017
In a collaborative work group, with Eagle County, its municipalities and major metropolitan
districts, review Eagle County’s revenues and expenditures apportionment
On-going
Provide strategic Council leadership, consistently practicing open and transparent government
Maintain and consistently evaluate a strong civic engagement program, including ad hoc
committees, a bi-annual community survey, volunteerism program, etc.
Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient
to economic fluctuations; transfer surplus funds to capital projects
Continue to develop annual department work plans, which are measurable and maintain
accountability
Hold annual or bi-annual sessions in joint meeting settings with government partners
Page 5
TOWN OF AVON, COLORADO
RESOLUTION 16-19
ADOPTING THE TOWN OF AVON 2017-18 STRATEGIC PLAN
WHEREAS, the Avon Town Council participated in a Retreat on June 14, 2016, in order to
discuss and identify the priorities, strategic work and future direction for the Town over the
next two years; and
WHEREAS, the Avon Town Council has set forth its direction in the attached Town of Avon
2017-18 Strategic Plan; and
WHEREAS, the Avon Town Council has reviewed this document at its regular Town Council
meeting on June 28, 2016, in order to provide opportunities for the public to comment on
the proposed vision and strategies; and
WHEREAS, the Town Council has committed to quarterly progress reviews of the Town of
Avon 2017-18 Strategic Plan, to evaluate success, and to consider any needed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, that the Avon Town Council adopts the attached Town of Avon 2017-18 Strategic
Plan, as a critical implementation tool to help guide the Town in achieving a successful and
vibrant vision for the growth and development of Avon.
ADOPTED AND APPROVED by the Avon Town Council this 28th day of June, 2016.
By: _________________________________ Attest: ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
TOWN OF AVON
2017-2018
STRATEGIC PLAN
Adopted by the Avon Town Council
Resolution 16-19, Series of 2016
June 28, 2016
Purpose of the Strategic Plan
The Strategic Plan is developed and adopted to guide decision-making and provide the structure for ensuring
investments and programs reflect Council priorities in achieving the vision and adopted plans of the Town of
Avon. This work of the Council has been done since 2013, when the Town’s first Strategic Plan was developed
and adopted at regular Council meetings, with meeting notice.
In July of 2015, the Town Council provided the opportunity for residents and businesses to identify the most
important issues in the Town through civic engagement outreach at open houses. The outreach was specific to
the development of a community survey, which was distributed to all residential households and businesses in
Avon on August 3, 2015. Results were presented to Council on September 22, 2015. The results have aided the
Council in identifying priorities over the next several years and have provided information as to other methods
to engage the public in the vision and strategic planning of the Town.
The Strategic Plan is updated each year to reflect dynamic change, as may be needed, and to present to the
Avon community the important work planned by the Town over the planning period.
• The following section presents the Strategic Plan Vision, which provides a dynamic overview describing
the way of life in Avon, the values the community holds and serves as a comprehensive statement
regarding the focus and directed outcomes of the Town’s work.
• From the Strategic Plan Vision, four key outcomes have been identified to set the prioritized work of the
Town. The four outcomes, with successes, challenges and strategies to achieve each vision are detailed,
resulting in a Strategic Plan.
Once the Strategic Plan is adopted, a budget is prepared to meet the multi-year program, followed by
each department submitting a business work plan to the Town Manager identifying the timing and
process for implementing each strategy. Progress on the work plans are monitored to ensure
outcomes are met.
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June 28, 2016
Strategic Plan Vision
“… To provide a high quality of life, today and in the future, for a diversity of people and interest,
and to promote their ability to live, work, visit and recreate in the community.”
TOWN OF AVON COMPREHENSIVE PLAN, REVISED MARCH - 2008
The Town of Avon, surrounded by natural beauty, is today a strong community, which will maintain a focus on
families and workers, and that will build on its strengths to become a nationally and internationally recognized
year-round mountain resort community. Committed to providing a high level of municipal services for our
citizens and visitors, and the stewardship of our natural resources, Avon will expand its cultural, recreational
and educational offerings in partnership with our broader community and regional public and private sector
agencies, thereby ensuring sustained economic vitality and a vibrant community experience.
Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted at
its founding and in its early years. It is this superior level of quality development that Avon believes will be its
comparative advantage in the future, and, therefore, will work to attract and promote these types of
developments by ensuring Town plans and incentives are constructed in a manner which provides the
development community clear and timely information; and by steadfastly maintaining a professional and
solution-oriented municipal business.
The Town will continue to value and support our full-time and part-time resident population by providing an
exceptional level of municipal services and by working to retain existing businesses as the Town seeks to
expand its retail and commercial base, while fostering our sense of community through both our spirit and the
built environment. The importance of vibrancy and activity within the Town will be supported by attracting an
array of new and diverse cultural and recreational events to Avon which are in concert with the values of our
community and serve to nurture a cohesive sense of place and public.
It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and
efficiency in providing government services and a practiced belief in open and transparent governance that will
lead the successful implementation of this vision for the growth and development of Avon.
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2017-18 STRATEGIC PLAN
June 28, 2016
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Strategic Plan Fiscal Years 2017-18
SUPPORT A STRONG COMMUNITY,
BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY
The Town will continue to value and support our community through a strong and diverse economy, attentive to
business retention and proactively partnering with the private sector to expand Avon’s retail and commercial base.
The Town’s commitment to planning for future growth; openness to new community development trends; and,
recognition of private property interests and the costs of doing business with the Town, sets forth a dynamic
relationship for the successful construction of the built environment and business growth.
RECENT SUCCESSES
MEDICAL OFFICE BUILDING TCO/CO - ELEMENTARY
SCHOOL STREET SAFETY IMPROVEMENTS -
DEVELOPMENT OF E/WBC BLVD WALKABILITY
DESIGN TEST & FINAL PLAN - WAYFINDING SIGNAGE -
BUS SHELTER CONSTRUCTION – MARKETING PLAN
COMPLETED – WILDRIDGE LOT SPLIT REGULATION
UPDATE
CURRENT CHALLENGES
SHORTAGE OF AFFORDABLE LOCAL HOUSING FOR
WORKERS & SENIORS - FEW HOUSING OWNERSHIP
OPPORTUNITIES - CHANGING DEMOGRAPHICS OF
THE SKI INDUSTRY & INCREASED COMPETITION
STRATEGIES
Tier 1 Priorities
Develop a Town of Avon Housing Guideline, including but not limited to an employee housing resident
goal
Develop diverse options for local working housing through public –private partnerships
Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with transit,
parking and wayfinding
Bid and construct approved E/WBC Boulevard walkability plan in one or two phases depending
on cost
Complete walkability plan for the remainder of the Avon core as an initial phase of the
development of a comprehensive parking and multi-modal transportation plan
Fully support Avon transit as a key element of a walkable community, including funding of a
Town late night transit loop; testing taxi, dial-a-ride or transportation network company (e.g.,
Uber) services for low-ride routes, including Wildridge; stay attentive to the potential role of
autonomous cars
Determine funding for a Town of Avon internal late night bus
Participate in ECO initiatives such as late night bus service to serve workers, a Tipsy Taxi
program, and transit consolidation
With consultant services, prepare master land use plans for Tract G, Lot 5 and Swift Gulch, building on
the Stan Clauson Associates, November, 2015, initial plan. In the Tract G planning, evaluate expansion of
the Recreation Center and a parking garage. Engage a citizen committee to serve as a stakeholder group
for consideration of the relocation of the Hahnewald Barn, Blacksmith Shop and Cabin in the Town of
Avon. The planning will be an inclusive process with the greatest civic engagement from the initial
2017-18 STRATEGIC PLAN
JUNE 28, 2016
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meetings through Planning and Zoning Commission recommending action and Council adoption
hearings.
Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home
sizes.
Tier 2 Priorities
Analyze the current Real Estate Transfer Tax primary exemption of $160,000 as a mechanism to increase
affordable opportunities for homeownership in Avon to support employee housing shortages for Avon
businesses.
Evaluate the formation of a special improvement district to improve the facades of the Avon Center,
Comfort Inn, First Bank, and other properties along E/W Beaver Creek Boulevard, including development
of public spaces
Map railroad right-of-way and Town easements to evaluate transportation options
Work with local merchants on a bike sharing program
On-going
Work proactively with the owners of vacant commercial property to find leaseholders and/or
redevelopment projects and, when appropriate, 1) Utilize Urban Renewal Authority tax increments
generated from the existing district or in a potential new Urban Renewal Authority district, and/or
2) Other economic development incentives including tax rebates, zoning amendments, etc.
Maintain a strong partner relationship with the Avon business community, developers, Vail Valley
Partnership and the Vail Leadership Institute/Vail Centre
Throughout the year, Liaison Appointees and Town Manager will meet with respective principals for
developments in the Town of Avon to discuss current issues, development needs and opportunities
2017-18 STRATEGIC PLAN
June 28, 2016
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Strategic Plan Fiscal Years 2017-18
PRESERVE & ENHANCE THE NATURAL ENVIRONMENT
Maintaining a strong foundation for the stewardship of Avon’s natural resources is a top commitment by the
Town. Avon will promote sustainability through the funding of programs and projects to protect the Town’s
and the regions clean waters and clean air.
RECENT SUCCESSES
UERWA UNALLOCATED POLICY ADOPTED – WATER
ORIENTATON FOR TOWN COUNCIL – WILDFIRE
COORDINATION WITH ERFPD FOR HOMEOWNER
OUTREACH – MOUNTAIN STAR FUNDING
AGREEMENT -
CURRENT CHALLENGES
POTENTIAL COLORADO WATER COMPACT CALLS &
SHORTAGES - WILDFIRE POTENTIAL - POTENTIAL
LONG-TERM DROUGHT IMPACTS - EAGLE RIVER
PROTECTION - CLIMATE CHANGE - RESOURCE COST
ESCALATION
STRATEGIES
Tier 1 Priorities
Evaluate all Town projects to the greatest extent possible under an objective of climate change
mitigation, considering financial feasibility of cost reductions and beneficial impact to the environment
Amend the Town’s landscape code to more effectively replace vegetation which has been removed
With the expertise of the UERWA, develop outdoor landscape guidelines/regulations to reduce water
use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River
Assess the Town's public tree stock in the park and in right-of-ways for timely replacement
Proactively ensure trees on public and private property do not host and spread viruses; remove dead
trees with a well-developed landscape program
In planning for the new Police Station and Town Hall, adopt a paperless strategy to reduce waste and
support files, etc.
Tier 2 Priorities
Consider adopting a “pay-as-you-throw” refuse system and evaluate franchise agreements for waste
haulers
Consider legislation to end the use of plastic bags by retailers in the Town of Avon
Take the lead role in working with the UERWA to assess and potentially partner with the Aspens Mobile
Home Village to improve and/or replace the property’s water distribution system to eliminate water loss
Develop a plan to improve the visual gateway and corridor along I-70
On-going
Partner with Eagle County and its political jurisdictions to implement the Eagle County Climate Action Plan
Participate as a member of the Urban Run-off Group to evaluate and support, as appropriate, needed Eagle
River improvements
2017-18 STRATEGIC PLAN
June 28, 2016
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Strategic Plan Fiscal Years 2017-18
DEVELOP INCLUSIVE & DIVERSE ECONOMIC,
EDUCATIONAL & CULTURAL OPPORTUNITIES
The importance of vibrancy and activity within the Town will be supported by partnering with existing special
events and attracting an array of new and diverse cultural, educational and recreational events to Avon, which
meet the Town’s brand and are in concert with the values of our community and serve to nurture a cohesive
sense of place and public.
RECENT SUCCESSES
MAIN STREET MALL/PAVILION DIVERSE EVENT &
FESTIVAL ACTIVATION - MAIN STREET MALL
COMPLETION & ACTIVATION COMPLETION OF
REGIONAL TRAIL AND METCALF CLIMBING LANE –
EXPANSION OF MOBILE CART PROGRAM AND FOOD
TRUCK PROGRAM AT NOTTINGHAM PARK -
PLAYGROUND DESIGN COMPLETED WITH CITIZEN
COMMITTEE – MARKETING PLAN COMPLETED –
TRAILS MASTER PLAN UPDATED
CURRENT CHALLENGES
IDENTIFYING & NURTURING A DIVERSE &
SUSTAINABLE YEAR-ROUND SCHEDULE OF
CULTURAL EVENTS - SUMMER REVENUE, WHEN
MEASURED BY SALES TAX, LAGS WINTER RECEIPTS
STRATEGIES
Tier 1 Priorities
Prepare, with consultant services, a GOCO grant to relocate and upgrade the Harry A. Nottingham Park
Playground; with successful funding and grant match construct the new Destination Jump, Splash, Learn
playground
Continue to solicit, develop and fund, in partnership with qualified producers, a diverse program of
vibrant arts, educational, cultural and recreational offerings at the Pavilion & Mall, as directed through
the annual Town Council review of all offerings. In particular, seek to add live theater as a desired multi-
day or evening festival. Expand use of the Pavilion in shoulder seasons to local band productions, which
are low key and low budget, such as a battle-of-the-bands or open mike nights.
Implement the adopted Avon Recreational Trails Plan as prioritized and adopted by the Avon Town
Council, as soon as possible; pursue construction grants
Tier 2 Priorities
Build photo monuments around the commercial core to memorialize Avon’s history
Evaluate a Scientific and Cultural District to provide funding to Walking Mountains educational programming
and Avon’s cultural activities
Identify locations for the installation of outdoor percussion instruments and fund in the Capital Projects Fund,
when feasible
2017-18 STRATEGIC PLAN
June 28, 2016
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On-going
When approving Town funded or supported festivals and events which offer alcoholic libations, require
that the sponsoring non-profit is an Avon community grant recipient or locally based nonprofit.
Support regional World Class events and the Walking Mountains School
As appropriate, share the results of the Community Survey with potential business interests in terms of
types of businesses and services desired in Avon
Maximize the grant resources available through potential sources available such as through the Office of
Economic Development and International Trade, including its new Outdoor Industry Recreation Office; a
Scientific & Cultural Facilities District, and Department of Local Affairs
2017-18 STRATEGIC PLAN
June 28, 2016
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Strategic Plan Fiscal Years 2017-18
PROVIDE A RESPONSIVE, CUTTING-EDGE
& EFFECTIVE GOVERNMENT
Ensure that Town government is managed and operated as a “competitive” business and in a manner which is
client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing
best practices, and using Town resources effectively and efficiently in each department. Provide for the
development of capital projects, which support the community-resort economy, and promote the Town brand
through a five-year capital investment plan, utilizing appropriate funding mechanisms such as pay-as-you-go,
new mill levy and/or current tax receipt long-term debt. Support a work culture that is flexible, innovative and
resilient to change
RECENT SUCCESSES
COUNCIL STRATEGIC PLAN ADOPTED – POLICE
STATION DESIGNED & BALLOT ISSUE FOR FUNDING
APPROVED – PURCHASE OF NEW TOWN HALL -
BALANCED BUDGETS/RESERVES MAINTAINED - CIVIC
ENGAGEMENT PROGRAMS - EXPENDITURE SAVINGS -
DEFFERED MAINTENANCE FUNDING
CURRENT CHALLENGES
CIVIC ENGAGEMENT OUTREACH CHALLENGES -
LABOR FORCE COMPETITION - COMPETING FOR
GRANTS FOR PUBLIC PROJECTS
STRATEGIES
Tier 1 Priorities
Complete construction of the new Police Station at the Public Safety Facility and staff relocation
With Design Committee oversight, complete construction of the new Town Hall and staff relocation
Expand the participation in the Second Annual Town Clean-up Day with earlier marketing and community
picnic after the completion of the clean-up
Implement the Marketing Plan’s 2017 priorities: 1) Pool marketing resources among departments for
cross promotion and integrated communication; 2) Develop partnerships with local and regional
businesses to keep these entities updated on Town priorities and activities; 2) Continue Town Council
festival booth outreach, host coffee chats and create stand-alone displays; 3) Evaluate 2016 wayfinding
investments and expand for the visitor/resident experience; 4) Create a regional media strategy; 5) Focus
social media by audience; and 6) Rebrand transit
Monitor and adjust as needed the comprehensive community swim program initiated on November 1,
2016 at the Avon Recreation Center
Participate in the Mountain Connect broadband community; develop a program to ensure fiber is proactively
developed in Avon as growth occurs
Identify location(s) and cost(s) for the development of one or more dog parks in Avon or nearby in
partnership with Eagle-Vail
2017-18 STRATEGIC PLAN
June 28, 2016
Tier 2 Priorities
In a collaborative work group, with Eagle County, its municipalities and major metropolitan districts,
review Eagle County’s revenues and expenditures apportionment
Plan and budget for the development of Lot 5, in the Five Year Capital Improvements Plan, including adding a
reserve line item for an equipment and vehicle storage facility and future office space
Seek a short-term title sponsor for the Avon Performance Pavilion.
On-going
Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails; appropriating
deferred maintenance funds as required, and seeking long term debt approval, when appropriate
Provide strategic Council leadership, consistently practicing open and transparent government
Maintain and consistently evaluate a strong civic engagement program, including ad hoc committees, a
bi-annual community survey, volunteerism program, etc.
Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient to
economic fluctuations; transfer surplus funds to capital projects
Continue to develop annual department work plans, which are measurable and maintain accountability
Hold annual or bi-annual sessions in joint meeting settings with government partners
PAGE 10 OF 10
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Asst. Town Manager
Date: June 28, 2016
Topic: Dee Wisor Engagement Letter
Action Before Council
Action on an engagement letter with Butler Snow for Bond and Disclosure Counsel services.
Proposed Motion
“I moved to approve the engagement letter dated June 6, 2016, with Butler Snow.”
Summary
Attached is an engagement letter with Dee Wisor of Butler Snow to provide public financing
advise and serve as bond counsel for the Certificates of Participation financing to construct
the joint public safety facility The engagement letter is in similar form to past engagement
letters presented by Dee Wisor. Mr. Wisor has provided public finance advice and served as
bond counsel for many years. The Avon Home Rule Charter requires the Town Council to
approve the retention of attorneys that represent the Town.
Attachments:
A – Butler Snow engagement letter dated June 6, 2016
Butler
June 6, 2016
VIA E-MAIL
Town Council
Town of Avon
Avon, CO 80104
Attn: Eric Heil, Town Attorney
Re: Bond and Disclosure Counsel Services - Town of Avon
Dear Eric:
We are pleased to confirm our engagement as counsel to Town of Avon (the
“Town”). We appreciate your confidence in us and will do our best to continue to merit it.
In establishing our attorney-client relationship, current practice standards
dictate that we set forth in writing (and in some detail) the elements of our mutual
understanding. While some of the matters covered in this engagement letter will never be
relevant or of concern between us, we hope you will understand that as attorneys and counselors it is our natural function to try to make communication clear and complete, and to
anticipate and resolve questions before they arise. We also believe that the performance of
our services may require your effort and cooperation. Consequently, the better we each
understand our respective roles, responsibilities and contributions, the more efficient,
effective and economical our work for you can be.
Personnel
This letter sets forth the role we propose to serve and the responsibilities we
propose to assume as bond and disclosure counsel to the Town in connection with the a lease purchase agreement financing in the approximate principal amount of $6,500,000, including
the issuance of related certificates of participation (collectively, the “Obligations”). Dee
Wisor will be principally responsible for the work performed by Butler Snow LLP on your behalf Where appropriate, certain tasks may be performed by other attorneys or paralegals.
At all times, however, Dee Wisor will coordinate, review, and approve all work completed for
the Town.
Scope of Employment
Bond Counsel is engaged as a recognized expert whose primary responsibility
is to render an objective legal opinion with respect to the authorization of securities like the
Obligations. As your bond counsel, we will: examine applicable law; consult with the parties
1801 California Street
Suite 5100
Denver, CO 80202
Dee P. Wisor
720.330.2357clee.wisor(®butlersnow.com
T 720.330.2300
F 720.330.2301
www. butlersnow.com
Butler Snow LLP
Town of Avon
June 6, 2016
Page 2
to the transaction prior to the execution of the Obligations; prepare customary authorizing and operative documents, and closing certificates; review a certified transcript of proceedings; and
undertake such additional duties as we deem necessary to render the opinion. Subject to the
completion of proceedings to our satisfaction, we will render our opinion relating to the validity of the Obligations, the enforceability of the security for the Obligations, and the
exclusion of the interest on the Obligations (subject to certain limitations which may be
expressed in the opinion) from gross income for federal income tax purposes and for
Colorado income tax purposes.
We are also being retained by you to act as special counsel to the Town in
connection with the Official Statement for the Obligations (the “Official Statement”). As
such, we will provide advice to the Town on the applicable legal standards to be used in
preparing the Official Statement and meeting the Town’s disclosure responsibilities. At the conclusion of the transaction we will deliver a letter to you stating that we have assisted the Town in the preparation of the Official Statement, and that in the course of such assistance,
nothing has come to the attention of the attorneys in our firm rendering legal services in
connection with our representation which leads us to believe that the Official Statement, as of its date (except for the financial statements, other statistical data and statements of trends and
forecasts, and information concerning the bond insurer, if any, and information concerning
The Depository Trust Company (“DTC”) provided by DTC contained in the Official Statement and its Appendices, as to which we express no view), contains any untrue statement
of material fact or omits to state any material fact necessary to make the statements in the
Official Statement, in light of the circumstances under which they were made, not misleading.
In delivering our opinion and letter, we will rely upon the certified proceedings
and other certifications of public officials and other persons furnished to us without
undertaking to verify the same by independent investigation. Our opinion and letter will be
addressed to the Town and will be executed and delivered by us in written form on the date the Obligations are exchanged for their purchase price (the “Closing”). The opinion and letter
will be based on facts and law existing as of their date.
Our services are limited to those contracted for explicitly herein; the Town’s execution of this letter constitutes an acknowledgment of those limitations. Specifically, but
without implied limitation, our responsibilities do not include any representation by Butler
Snow LLP in connection with any IRS audit, SEC enforcement action or any litigation
involving the Town or the Obligations, or any other matter. Neither do we assume responsibility for the preparation of any collateral documents (e.g., environmental impact
statements) which are to be filed with any state, federal or other regulatory agency. Nor do
our services include financial advice (including financial advice about the structure of Obligations) or advice on the investment of funds related to the Obligations.
Town of Avon
June 6, 2016Page 3
Representation of the Town
In performing our services, the Town will be our client and an attorney-client
relationship will exist between us. We will represent the interests of the Town rather than the
Town Council or its individual members. We will work closely with the Town’s general counsel and will rely on the opinion of the general counsel with regard to specific matters,
including pending litigation. We assume that other parties to the transaction will retain such
counsel as they deem necessary and appropriate to represent their interests in this transaction.
Conflicts of Interest
Our firm sometimes represents, in other unrelated transactions, certain of the
financial institutions that may be involved in this transaction, such as underwriters, credit
enhancers, and banks. We do not believe that any of these representations will materially limit or adversely affect our ability to represent the Town in connection with the Obligations,
even though such representations may be characterized as adverse under the Colorado Rules
of Professional Conduct (the “Rules”). In any event, during the term of our engagement hereunder, we will not accept a representation of any of these parties in any matter in which
the Town is an adverse party. However, pursuant to the Rules, we do ask that you consent to
our representation of such parties in transactions that do not directly or indirectly involve the
Town. Your execution of this letter will signify the Town’s prospective consent to such
representations in matters unrelated to the Town while we are serving as bond counsel
hereunder.
Fee Arrangement
Based upon: (i) our current understanding of the terms, structure, size and schedule of the financing, (ii) the duties we will undertake pursuant to this letter, (iii) the time we anticipate devoting to the financing, and (iv) the responsibilities we assume, we estimate
that our fee for this engagement will be $65,000. Such fee may vary: (i) if the principal
amount of the Obligations actually issued increases significantly, (ii) if material changes in the structure of the financing occur, (iii) if unusual or unforeseen circumstances arise which
require a significant increase in our time or our responsibilities or (iv) the Obligations are not
delivered by December 31, 2016. If, at any time, we believe that circumstances require an
adjustment of our original fee estimate, we will consult with you.
Our fees are usually paid at Closing out of proceeds of the Obligations. We
customarily do not submit any statement until the Closing, unless there is a substantial delay
in completing the financing. We understand and agree that our fees will be paid at Closing
out of proceeds. If the financing is not consummated, we understand and agree that we will
not be paid. If, for any reason, the financing is completed without our opinion as bond counsel, we will expect to be compensated at our normal hourly rates (currently ranging from
Town of AvonJune 6, 2016
Page 4
$100 to $650 depending on personnel) for time actually spent on your behalf, plus disbursements.
Termination of Engagement
The Town may terminate our engagement, with or without cause, upon 5 days’
written notice to us. We may terminate this engagement, upon 45 days’ written notice to the
Town.
Our fees for this engagement contemplate compensation for usual and
customary services as bond and disclosure counsel as described above. Upon delivery of the
opinion, our responsibilities as bond and disclosure counsel will terminate with respect to this financing, and our representation of the Town and the attorney-client relationship created by
this engagement letter will be concluded. Specifically, but without implied limitation, we do
not undertake to provide continuing advice to the Town or to any other party to the
transaction. Many post-issuance events may affect the Obligations, the tax-exempt status of interest on the Obligations, or liabilities of the parties to the transaction. Such subsequent events might include a change in the project to be financed with proceeds, a failure by one of
the parties to comply with its contractual obligations (e.g., rebate requirements, continuing
disclosure requirements), an IRS audit, an SEC enforcement action, or a change in federal or
state law. Should the Town seek the advice of bond counsel on a post-closing matter or seek other, additional legal services, we would be happy to discuss the nature and extent of our
separate engagement at that time.
Document Retention
At or within a reasonable period after Closing, we will review the file to determine what materials should be retained as a record of our representation and those that are no longer needed. We will provide you with a copy of the customary transcript of
documents after Closing and will return any original documents obtained from you (if a copy
is not included in the transcript). Our document retention policy is attached hereto.
Approval
If the other foregoing terms of this engagement are acceptable to you, please so
indicate by returning a copy of this letter signed by the officer so authorized, keeping a copy for your files.
Town of Avon
June 6, 2016Page 5
We appreciate this opportunity to serve as your bond counsel and disclosure
counsel and look forward to a mutually satisfactory and beneficial relationship.
BUTLER SNOW LLP
f.
ACCEPTED AND APPROVED:
TOWN OF AVON
By:_
Title:.
Date:
DPW/jw
Enclosure
Town of Avon
June 6, 2016
Page 6
Notice to Clients of Butler Snow’s
Record Retention & Destruction Policy for Client Files
Butler Snow maintains its client files electronically. Ordinarily, we do not keep separate paper files. We will scan documents you or others send to us related to your matter to our electronic file for that matter and will ordinarily retain only the electronic version while your
matter is pending. Unless you instruct us otherwise, once such documents have been scanned to our electronic file, we will destroy all paper documents provided to us. If you send us original documents that need to be maintained as originals while the matter is
pending, we ordinarily will scan those to our client file and return the originals to you for
safekeeping. Alternatively, you may request that we maintain such originals while the matter
is pending. If we agree to do that, we will make appropriate arrangements to maintain those original documents while the matter is pending.
At all times, records and documents in our possession relating to your representation are
subject to Butler Snow’s Record Retention and Destruction Policy for Client Files. Compliance with this policy is necessary to fulfill the firm’s legal and ethical duties and
obligations, and to ensure that information and data relating to you and the legal services we
provide are maintained in strict confidence at all times during and after the engagement. All
client matter files are subject to these policies and procedures.
At your request, at any time during the representation, you may access or receive copies of
any records or documents in our possession relating to the legal services being provided to
you, excluding certain firm business or accounting records. We reserve the right to retain originals or copies of any such records of documents as needed during the course of the
representation.
Unless you instruct us otherwise, once our work on this matter is completed, we will designate your file as a closed file on our system and will apply our document retention policy
then in effect to the materials in your closed files. At that time, we ordinarily will return to
you any original documents we have maintained in accordance with the preceding paragraph while the matter was pending. Otherwise, we will retain the closed file materials for our
benefit and subject to our own policies and procedures concerning file retention and
destruction. Accordingly, if you desire copies of any documents (including correspondence,
e-mails, pleadings, contracts, agreements, etc.) related to this matter or generated while it was pending, you should request such copies at the time our work on this matter is completed.
You will be notified and given the opportunity to identify and request copies of such items
you would like to have sent to you or someone else designated by you. You will have 30 days from the date our notification is sent to you to advise us of any items you would like to
receive. You will be billed for the expense of assimilating, copying and transmitting such
Town of Avon
June 6, 2016
Page 7
records. We reserve the right to retain copies of any such items as we deem appropriate or necessary for our use. Any non-public information, records or documents retained by Butler Snow and its employees will be kept confidential in accordance with applicable rules of
professional responsibility.
Any file records and documents or other items not requested within 30 days will become
subject to the terms of Butler Snow’s Record Retention and Destruction Policy for Client
Files and will be subject to final disposition by Butler Snow at its sole discretion. Pursuant to
the terms of Butler Snow’s Record Retention and Destruction Policy for Client Files, all unnecessary or extraneous items, records or documents may be removed from the file and destroyed. The remainder of the file will be prepared for closing and placed in storage or
archived. It will be retained for the period of time established by the policy for files related to
this practice area, after which it will be completely destroyed. This includes all records and
documents, regardless of format.
While we will use our best efforts to maintain confidentiality and security over all file records
and documents placed in storage or archived, to the extent allowed by applicable law, Butler Snow specifically disclaims any responsibility for claimed damages or liability arising from damage or destruction to such records and documents, whether caused by accident; natural
disasters such as flood, fire, or wind damage; terrorist attacks; equipment failures; breaches of
Butler Snow’s network security; or the negligence of third-party providers engaged by our
firm to store and retrieve records.
31188994vl
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, JUNE 6, 2016
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 06-14-2016 Minutes Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:15 p.m. A roll call was taken and Council members present
were Jake Wolf, Megan Burch, and Sarah Smith Hymes. Buz Reynolds, Matt Gennett and Scott Prince were
absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Interim Police Chief Greg
Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Executive Assistant to the
Town Manager Preston Neill, and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT
START TIME: 00:09:17
Alan Himelfarb, Michael Holton, Craig Brue, Kim Saalfeld and Kathy Ryan commented.
Scott Prince arrived at 5:35 p.m.
Buz Reynolds arrived at 5:45 p.m.
4. WORK SESSION
START TIME 00:11:32
4.1 DESTIMETRICS PRESENTATION (RALF GARRISON, PRESIDENT, DESTIMETRICS)
Mayor Pro Tem Wolf left the meeting at 6:03 p.m.
5. ACTION ITEMS
START TIME 01:07:
5.1. FIRST READING ORDINANCE 16-13, APPROVING REZONING OF LOTS 1, 2A, 2B, 2C, 3 AND 5, MOUNTAIN VISTA
RESORT SUBDIVISION, FROM PUD TO TOWN CENTER ZONE DISTRICT (PLANNING DIRECTOR MATT PIELSTICKER)
Councilor Prince moved to approve Ordinance 2016-13 (Exhibit A), thereby first reading of an application
to rezone Lots 1, 2A, 2B, 2C, 3 and 5, Mountain Vista Resort Subdivision, from PUD to TC zone districts,
setting second reading for July 12, 2016; Councilor Smith Hymes seconded the motion and it passed
unanimously by those present. Mayor Pro Tem Wolf and Councilor Gennett were absent.
5.2. FIRST READING ORDINANCE 16-14, APPROVING REZONING LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION, FROM
PUD TO PUBLIC FACILITIES ZONE DISTRICT (PLANNING DIRECTOR MATT PIELSTICKER)
Council provided direction to staff to look at amending the Town Center Zone District to include
government offices/uses and the Public Facilities Zone District to allow for workforce housing. Council
did not vote on First Reading and therefore, it did not pass. Mayor Pro Tem Wolf and Councilor Gennett
were absent.
5.3. FIRST READING ORDINANCE 16-11, AMENDING AVON MUNICIPAL CODE SECTIONS 5.12.090, 110, AND 120
CONCERNING VEHICLE IMPOUNDMENT (TOWN ATTORNEY ERIC HEIL)
Nick Antuna, Heather S., Andrei Litviakou, Rich Nelly and Judge Buck Allen commented.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, JUNE 6, 2016
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 06-14-2016 Minutes Page 2
Councilor Reynolds moved to table Ordinance No. 16-11 Amending Avon Municipal Code Sections
5.12.090, 110 and 120 Concerning Vehicle Impoundment; Councilor Burch seconded the motion and it
passed unanimously by those present. Mayor Pro Tem Wolf and Councilor Gennett were absent.
5.4. FIRST READING ORDINANCE 16-12, AMENDING AVON MUNICIPAL CODE TITLE 15 TO REQUIRE CERTAIN INFORMATION
PROVIDED TO THE TOWN PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF COMPLIANCE
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
Dave Dantas commented.
Council took no action on Ordinance 16-12, Amending Avon Municipal Code Title 15 Building and
Construction to Enact Section 15.03 Required Supplier Information. Mayor Pro Tem Wolf and Councilor
Gennett were absent.
5.5. PUBLIC HEARING AND MOTION TO CONTINUE RESOLUTION 16-16, APPROVING THE MEZA PUD AMENDMENT FOR
LOT 110, BLOCK 1, WILDRIDGE SUBDIVISION TO JUNE 28, 2016 - CONTINUED FROM THE MAY 24, 2016 COUNCIL
MEETING (PLANNING DIRECTOR MATT PIELSTICKER)
Mayor Fancher opened the Public Hearing and no comments were made. Mayor Fancher moved 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 June 28, 2016, Town Council
meeting; Councilor Sarah Smith Hymes seconded the motion and it passed unanimously by those
present. Mayor Pro Tem Wolf and Councilor Gennett were absent.
5.6. PUBLIC HEARING SECOND READING OF ORDINANCE 16-10 AUTHORIZING THE ACQUISITION OF A REAL PROPERTY
INTEREST IN LOT 1B, BUCK CREEK SUBDIVISION, TOWN OF AVON (TOWN ATTORNEY ERIC HEIL)
Mayor Fancher opened the Public Hearing and no comments were made. Councilor Burch moved to
approve Ordinance No. 16-10 Authorizing the Acquisition of a Real Property Interest in Lot 1B, Buck Creek
Subdivision, Town of Avon, on second and final reading; Councilor Reynolds seconded the motion and it
passed unanimously by those present. Mayor Pro Tem Wolf and Councilor Gennett were absent.
5.7. APPROVAL OF THE MINUTES FROM MAY 24, 2016 MEETING (DEPUTY TOWN CLERK BRENDA TORRES)
Councilor Burch moved to approve the minutes from the May 24, 2016 meeting; Councilor Smith Hymes
seconded the motion and it passed unanimously by those present. Councilor Reynolds abstained from
the vote. Mayor Pro Tem Wolf and Councilor Gennett were absent.
6. WORK SESSION
START TIME 04:31:34
6.1. REVIEW OF COMMUNITY GRANTS POLICY & PROCEDURES FOR SOLICITATION, EVALUATION & FUNDING (EXECUTIVE
ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
Michael Cacioppo commented.
Mayor Pro Tem Wolf retuned to the meeting at 9:48 p.m.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, JUNE 6, 2016
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 06-14-2016 Minutes Page 3
7. WRITTEN REPORTS
8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
START TIME 04:48:29
8.1. AFFORDABLE HOUSING BOARD (COUNCILOR MEGAN BURCH)
Michael Cacioppo commented.
9. MAYOR & COUNCIL COMMENTS
10. EXECUTIVE SESSION: PURSUANT TO COLORADO REVISED STATUE 24-6-402(4)(F) FOR THE PURPOSE OF DISCUSSING
PERSONNEL MATTERS RELATED TO THE ANNUAL PERFORMANCE REVIEW OF THE TOWN MANAGER
Mayor Fancher moved to meet in Executive Session for the purpose of Discussing Personnel Matters
related to the Annual Performance Review of the Town Manager.
The time was 10:06 p.m.
Executive session began at 10:17 p.m.
Executive session ended at 11:57 p.m. Council reconvened into regular session at 11:58 p.m.
Councilor Prince moved to approve that the Town Manager’s Employment Agreement be changed to
include an annual salary of $170,000.00 effective December 1, 2015; a housing/car allowance of $1,070 per
month be paid effective June 1, 2016; and that performance review criteria for the Town Manager
position be as established in 2016 to again be used with any changes provided to the Town Manager not
later than June 30, 2016; Councilor Burch seconded the motion and it passed with Mayor Fancher, and
Councilors Smith Hymes, Councilor Burch, Councilor Reynolds and Councilor Prince voting yes and Mayor
Pro Tem Wolf voting no. Councilor Gennett was absent.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, JUNE 6, 2016
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 06-14-2016 Minutes Page 4
11. ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 12:00 a.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 OF AVON, COLORADO
TOWN COUNCIL RETREAT MEETING MINUTES FOR TUESDAY, JUNE 14, 2016
AVON REGIONAL TRANSPORTATION FACILITY, 500 SWIFT GULCH ROAD
Avon Town Council Retreat Minutes 6/14/16 Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 12:07 a.m. A roll call was taken and Council members
present were Megan Burch, Jake Wolf, Scott Prince, Sarah Smith Hymes and Jennie Fancher. Buz
Reynolds and Matt Gennett were absent. Also present were Town Manager Virginia Egger, Town
Attorney Eric Heil, Assistant Town Manager Scott Wright and Executive Assistant to the Town Manager
Preston Neill.
2. WORK SESSION
2.1. DEVELOPMENT OF THE 2017/18 STRATEGIC PLAN (MAYOR JENNIE FANCHER)
2.1.1. REVIEW OF ADOPTED 2016/17 STRATEGIC PLAN
2.1.2. RECOMMENDED NEW STRATEGIES FROM THE TOWN OF AVON LEADERSHIP TEAM
2.1.3. WORKER HOUSING DISCUSSION
2.1.3.1. NEW TOWN HALL OPTION – 4TH AND/OR 5TH FLOORS DEVELOPMENT & POTENTIAL USES
2.1.3.2 SWIFT GULCH UPPER BENCHES
2.1.3.3 LOT 5 WITH PUBLIC WORKS
2.1.3.4 DEED RESTRICTED HOUSING – OPTION TO CONTRACT WITH THE VALLEY STORE FOR MANAGEMENT
2.1.3.5 FORMATION OF A MULTI-JURISDICTIONAL HOUSING AUTHORITY
2.1.4 COUNCIL DISCUSSION OF OTHER STRATEGIES FOR THE 2017/18 STRATEGIC PLAN
2.1.5 PRIORITIZATION OF STRATEGIES
2.2 REVIEW OF CRITERIA & PROCEDURE FOR PRIORITIZATION OF THE FIVE YEAR CAPITAL IMPROVEMENTS PLAN
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
2.3 NEW TOWN HALL – 1ST FLOOR POSSIBILITIES FOR COMMUNITY ACTIVATION/VIBRANCY
(MAYOR JENNIE FANCHER)
3. EXECUTIVE SESSION PURSUANT TO COLORADO REVISED STATUTE 24-6-402 (4)(F) FOR THE PURPOSE OF
DISCUSSING PERSONNEL MATTERS RELATED TO THE HIRING OF THE AVON POLICE CHIEF.
Mayor Fancher moved to meet in Executive Session at 4:13 p.m. Executive Session began at 4:14 p.m.
Executive Session ended at 4:46 p.m.
TOWN OF AVON, COLORADO
TOWN COUNCIL RETREAT MEETING MINUTES FOR TUESDAY, JUNE 14, 2016
AVON REGIONAL TRANSPORTATION FACILITY, 500 SWIFT GULCH ROAD
Avon Town Council Retreat Minutes 6/14/16 Page 2
4. ADJOURNMENT
There being no further business to come before the Council, the retreat adjourned at 4:46 p.m.
RESPECTFULLY SUBMITTED:
_____________________________________________
Preston Neill, Executive Assistant to the Town Manager
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Albert “Buz” Reynolds ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ________________________________
FISCAL YEAR 2016
FINANCIAL REPORT
June 28, 2016
______________________________________________________________________________________
1. Fiscal Year 2016 Financial Report Cover Memo
2. Sales and Accommodations Tax Reports – April 2016
3. Real Estate Transfer Tax Report and Monthly Detail – May 2016
4. Recreation Center Admissions – May 2016
5. General Fund Year-To-Date Expenditures - May 2016
6. Fleet Maintenance Fund Year-To Date Expenditures - May 2016
7. Transit Fund Year-To Date Expenditures - May 2016
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Kelly Huitt, Budget Analyst Meeting Date: June 28, 2016
Agenda
Topic: Fiscal Year 2016 Financial Report –April/May
SUMMARY
Revenues
SALES TAX
• Sales tax revenue for the month of April is up $34,638 or 8.58% compared to April 2015, and up
6.21% compared to the budget. This year-over-year increase includes $23,656 from new
businesses, and after adjusting for new business growth, 2.72% is the growth in revenue from
existing business for the month. Year to date sales tax collections are up 2.44% compared to 2015
and 2.54% compared to the budget.
• April sales tax collections show considerable increases for the Home/Garden category at 46.33%,
Accommodations at 73.58%, and Other businesses which increased 17.70% compared to April
2015. Miscellaneous Retail, Sporting Goods Rental/Retail, and Service Related businesses
declined -23.93%, -26.05% and -56.09% respectively. The large decrease in the Service Related
category is due to wide variances in returns from interior design and architecture businesses. The
decrease in existing business growth from Miscellaneous Retail can be partially attributed to two
entities being re-categorized. The decline in the Sporting Goods category is from an overall
decrease in collections from all payers. The increase in the Other business category is related to
the construction of the Buck Creek Medical Plaza. Approximately $6,050 in April sales tax from
new business can be attributed to this project. Home/Garden saw a large increase from online
sales while sales tax from Accommodations had a large jump due to an unexpected supplemental
rebate received by one lodging establishment.
2015/2016 Growth Growth
Variance Existing Business New Business
Home/Garden 16,145.78 26.73%19.60%
Grocery, Specialty, Health 6,638.61 1.84%3.82%
Liquor Stores 766.66 4.18%0.00%
Sporting Goods Retail/Rental (9,381.97) -28.51%2.45%
Miscellaneous Retail (4,888.91) -23.93%0.00%
Accommodations 25,949.29 68.12%5.46%
Restaurants/Bars 4,157.13 1.05%4.41%
Other 7,630.40 3.38%14.32%
Service Related (12,379.23) -56.09%0.00%
Total $34,637.76 2.72%5.86%
Category
Sales Tax Monthly Totals - April 2016
ACCOMMODATIONS TAX
• Accommodations tax revenue for April is up $26,091, or 74.92% compared to April 2015, and up
74.40% compared to the monthly budget.
• April 2016 accommodations tax collections increased 97.11% for Hotels, 19.43% for Timeshares
and 94.18% for Vacation Rentals compared to April 2015.
• A portion of the increase to April accommodations tax collections is related to an unexpected
supplemental rebate received by one lodging establishment.
REAL ESTATE TRANSFER TAX
• 2016 real estate transfer tax collections for May equal $184,987.10, which is a ($52,984)
decrease over May 2015.
• Year-to-date RETT collections are on track at 41.64% of the 2016 annual budget.
• $9,628 of May RETT is from April sales at the Wyndham. A total of $78,930 in RETT has been
received from the Wyndham in 2016.
RECREATION CENTER ADMISSIONS
• May admissions fees at the ARC total $54,337, an 8.53% increase over May 2015. Year-to-date
admissions are 11.97% above 2015, and $45,163 over the estimated annual budget.
Expenditures
• General Fund expenditures through May 2016 total 45.67% of the 2016 annual budget. These
expenditures include the Town’s annual insurance premium, $252,000 toward signature event
seed funding, $144,710 spent for community grants, as well as a large encumbrance for the
Town Attorney.
• Fleet expenditures for May are at 36.91% 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 43.85% 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 665,532.70 643,910.29 720,267.31 793,301.96 875,499.53 896,356 945,795.71 49,440.00 8.03%
April 305,269.73 304,220.84 307,407.13 381,839.56 403,560.42 412,562 438,198.18 25,636.50 8.58%
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$ 2,902,437.67$ 71,840.69$ 2.44%
Actual Collections
$0
$100,000
$200,000
$300,000
$400,000
$500,000
2012 2013 2014 2015 2016
Year
Sales Tax Collections for April
TOWN OF AVON
SALES TAX
2016 Actual vs. Budget
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
2012 2013 2014 2015 2016
YTD Sales Tax Comparison January - April
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
Sales Tax Monthly Comparison 2014-2016
2014
2015
2016
TOWN OF AVON
ACCOMMODATIONS TAX
2016 Actual vs. Budget
Budget YTD Collections Budget % change
2011 2012 2013 2014 2015 2016 2016 Variance 2015
January 85,233.73$ 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 122,145.16 115,043.42 153,208.80 168,597.39 183,650.29 185,351 217,387.54 32,036.06 18.37%
April 26,214.58 20,786.24 26,494.49 31,626.02 34,825.13 34,928 60,916.55 25,988.31 74.92%
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$ 632,099.25$ 97,094.79$ 13.30%
Actual Collections
$-
$15,000
$30,000
$45,000
$60,000
$75,000
2012 2013 2014 2015 2016
Accommodations Tax Collections for April
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 249,482.30 219,195.80 144,437.80 197,656.36 125,266.30 178,341 159,046.06 33,779.76 26.97%
May 187,668.62 270,170.12 121,784.12 183,745.60 237,971.08 190,782 184,987.10 (52,983.98)-22.26%
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$ 874,367.67$ 208,266.59$ 31.27%
Budget 2,100,000.00
Variance, Favorable (Unfavorable)(1,225,632.33)$
Actual Collections
$-
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
$700,000.00
$800,000.00
$900,000.00
$1,000,000.00
$1,100,000.00
2012 2013 2014 2015 2016
YTD Real Estate Transfer Tax Collections
TOWN OF AVON
RECREATION CENTER ADMISSION FEES
2016 Actual vs. Budget
Budget YTD Collections Budget % of change
2011 2012 2013 2014 2015 2016 2016 Variance from 2015
January 76,386$ 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 67,398 9,471 21.54%
May 47,368 44,880 35,064 43,119 50,067 43,809 54,337 10,528 8.53%
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$ 358,774$ 45,163$ 11.97%
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2012 2013 2014 2015 2016
YTD Rec Admissions Thru May
Dept./Div.2016 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
111 Mayor and Town Council 211,907$ 278$ 92,957$ 118,672$ 44.00%
112 Boards and Commissions 15,300 - 4,237 11,063 27.69%
113 Town Attorney 130,000 92,498 36,526 976 99.25%
115 Town Clerk 158,811 13,652 54,293 90,866 42.78%
121 Municipal Court 124,826 11,319 33,387 80,120 35.81%
131 Town Manager 367,267 200 133,510 233,557 36.41%
133 Community Relations 149,897 3,457 55,440 91,000 39.29%
Total General Government 1,158,008 121,404 410,350 626,254 45.92%
Human Resources Department:
132 Human Resources 412,319 7,099 161,448 243,772 40.88%
Finance & IT Department:
141 Finance 819,334 15,603 302,117 501,614 38.78%
143 Information Systems 388,494 18,943 166,415 203,136 47.71%
149 Nondepartmental 401,231 45,645 267,071 88,515 77.94%
Total Finance & IT 1,609,059 80,191 735,603 793,265 50.70%
Total General Gov't Departments 3,179,386 208,694 1,307,401 1,663,291 47.69%
Community Development:
212 Planning 317,767 15,596 56,491 245,680 22.69%
213 Building Inspection 146,758 3,350 53,121 90,287 38.48%
214 Economic Development 65,600 - 20,000 45,600 30.49%
215 Town Produced Events 335,502 63,689 65,112 206,701 38.39%
216 Signature Event Seed Funding 400,000 - 252,250 147,750 63.06%
217 Community Grants 230,150 2,500 144,710 82,940 63.96%
Total Community Development 1,495,777 85,135 591,684 818,958 45.25%
Police Department:
311 Administration 658,759 22,008 236,948 399,803 39.31%
312 Patrol 2,331,166 32,833 1,113,294 1,185,039 49.17%
313 Investigations 263,742 - 99,132 164,610 37.59%
Total Police 3,253,667 54,841 1,449,374 1,749,452 46.23%
Public Works:
412 Engineering 273,664 6,947 105,524 161,193 41.10%
413 Roads and Bridges 1,612,864 213,350 538,600 860,914 46.62%
415 Parks 1,133,005 63,328 346,969 722,708 36.21%
418 Buildings & Facilities 1,124,910 151,046 420,580 553,284 50.82%
Total Public Works 4,144,443 434,671 1,411,673 2,298,099 44.55%
Recreation Department:
514 Administration 245,396 22,630 96,690 126,076 48.62%
515 Adult Programs 58,827 - 20,213 38,614 34.36%
516 Aquatics 427,447 8,876 166,872 251,699 41.12%
518 Fitness 132,740 - 90,176 42,564 67.93%
519 Guest Services 292,090 4,865 111,146 176,079 39.72%
521 Youth Programs 132,412 1,891 35,915 94,606 28.55%
Total Recreation 1,288,912 38,262 521,012 729,638 43.39%
TOTAL OPERATING EXPENDITURES 13,362,185$ 821,603$ 5,281,144$ 7,259,438 45.67%
Department Expenditure Summaries
General Fund
May 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 1,817,945$ 51,867$ 619,076$ 1,147,002$ 36.91%
Total Operating Expenditures 1,817,945 51,867 619,076 1,147,002 36.91%
TOTAL EXPENDITURES 1,817,945$ 51,867$ 619,076$ 1,147,002$ 36.91%
Expenditure Summary
Fleet Maintenance Enterprise Fund May 2016 Expenditures to Date
Dept./Div.2016 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 240,052$ 25,063$ 103,174$ 111,815$ 53.42%
432 Transit Operations 1,684,207 2,570 729,713 951,924 43.48%
435 Wash Bay 159,486 8,027 45,181 106,278 33.36%
Total Operating Expenditures 2,083,745 35,660 878,068 1,170,017 43.85%
TOTAL EXPENDITURES 2,083,745$ 35,660$ 878,068$ 1,170,017$ 43.85%
Expenditure Summary
Transit Enterprise Fund May 2016 Expenditures to Date
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: June 28, 2016
Agenda Topic: Town Code Requirement for Gift Reporting and Disclosure Report
The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts”
includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of
$50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall
report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the
Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of
the Town Code of Ethics.
Please find attached the Town Clerk Gift Reporting Disclosure Report for June 2016, which lists
1) Fourteen (14) VIP passes to the Reds, Whites & Brews Festival on June 18th, and 2) Fourteen (14) VIP
passes to the CoverRock Music Festival on June 25th and 26th, and 3) Fourteen (14) VIP passes to the 15th
Annual Beaver Creek Rodeo Series this summer.
Town Council is not required to take any action; however, any Town Council member may request
Council consideration of a reported gift to determine whether such gift constitutes a conflict of
interest.
Town of Avon
Town Clerk Disclosure Report
In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30
Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule
Charter provision, ordinance or resolution adopted by the Town of Avon, I, Debbie Hoppe, Town Clerk
for Town of Avon, submit the following list of such gifts reported to be received by officers of the
Town of Avon:
1. 2016 Reds, Whites & Brews Festival VIP Tickets – The Town Council received fourteen (14) VIP
passes to the Reds, Whites & Brews Festival on June 18th. Each member of the Council received two
(2) passes, one provided for the purpose of reviewing the event for production and for any future
funding request, and the second provided as a gift for a guest. Each pass is valued at $75.00.
2. 2016 CoverRock Music Festival VIP Tickets – The Town Council received fourteen (14) two-day VIP
passes to the CoverRock Music Festival on June 25th and 26th. Each member of the Council received
two (2) passes, one provided for the purpose of reviewing the event for production and for any
future funding request, and the second provided as a gift for a guest. Each pass is valued at
$189.00.
3. 15th Annual Beaver Creek Rodeo Series VIP Passes – The Town Council received fourteen (14) VIP
passes to the 15th Annual Beaver Creek Rodeo Series this summer. Each member of the Council
received two (2) passes, one provided for the purpose of reviewing the event for any future
funding request, and the second provided as a gift for a guest. With individual VIP tickets valued at
$27.00 and there being seven (7) total rodeo events scheduled, the total value of each pass is
$189.00.
Submitted to the Avon Town Council on June 28, 2016.
_________________________________
Debbie Hoppe, Town Clerk