TC Packet 02-28-2017 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 28, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 2)
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW)
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. MEETING PROCEDURES FOR THE MEETING OF FEBRUARY 28, 2017
3.1. ACTION ITEMS
• PRESENTATION OF ITEM
• PUBLIC COMMENT – 3 MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY
OF COUNCIL AGREES TO A LONGER TIME
• COUNCIL DISCUSSION
• MOTION
• COUNCIL DISCUSSION
• VOTE
3.2. WORK SESSION ITEMS
• PRESENTATION OF ITEM
• COUNCIL DISCUSSION
• PUBLIC COMMENT - 3 MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY
OF COUNCIL AGREES TO A LONGER TIME
• COUNCIL DIRECTION
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA* - 3 MINUTE
LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME
5. ACTION ITEMS
5.1. ACTION ON THE BEAVER CREEK BOULEVARD REDESIGN TO AUTHORIZE THE COMPLETION OF THE DESIGN
THROUGH CONSTRUCTION DOCUMENTS AND BIDDING OF THE PROJECT
(PLANNING DIRECTOR MATT PIELSTICKER/TOWN ENGINEER JUSTIN HILDRETH) (90 MINUTES)
5.2. APPOINTMENTS TO LANDOWNER’S COMMITTEE FOR CONSIDERATION OF TERMINATION OF THE PROTECTIVE
COVENANTS FOR BENCHMARK AT BEAVER CREEK SUBDIVISION (TOWN ATTORNEY ERIC HEIL) (20 MINUTES)
5.3. PUBLIC HEARING SECOND READING OF ORDINANCE 17-03, AMENDING AVON MUNICIPAL CODE SECTIONS
5.12.090, 110, AND 120 CONCERNING VEHICLE IMPOUNDMENT
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) (30 MINUTES)
5.4. REVIEW AND ACTION APPROVING OR AMENDING THE NEW TOWN HALL PROGRAM
(TOWN MANAGER VIRGINIA EGGER) (50 MINUTES)
_________________________________________________________________________________
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
TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 10, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
5.5. PUBLIC HEARING FIRST READING OF ORDINANCE 17-05, APPROVING TITLE 7: DEVELOPMENT CODE TEXT
AMENDMENTS (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES)
5.6. APPROVAL OF THE FEBRUARY 14, 2017 MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES)
(5 MINUTES)
6. WORK SESSION
6.1. REVIEW OF TOWN COUNCIL AND PLANNING AND ZONING COMMISSION COMPENSATION TO CONSIDER
CHANGES (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) (20 MINUTES)
7. WRITTEN REPORTS
7.1. UERWA WATER RIGHTS REPORT
7.2. MONTHLY FINANCIALS REPORT
7.3. FORFEITURE REPORT
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
9. ADJOURNMENT
_________________________________________________________________________
*Public Comments: Council agendas shall include a general item labeled “Public Comment” near the
beginning of all Council meetings. Members of the public who wish to provide comments to Council greater
than three minutes are encouraged to schedule time in advance on the agenda and to provide written
comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor
may permit public comments during any agenda item provided that such invitation does not hinder the
ability of Council to conduct official Town business in an efficient manner. For matters which may involve
substantial public comment by numerous members of the public, the Mayor or Council may propose limiting
public comment to no less than 3 minutes per individual, which limitation on public comment must be
approved by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified
Rules of Order, Adopted by Resolution No. 16-20.
_______________________________________________________________________________
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.
2
TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 28, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. RENEWAL OF LIQUOR LICENSES
4.1. APPLICANT: FIESTA JALISCO NUMERO TRES, LLC D/B/A FIESTA JALISCO
LOCATION: 240 CHAPEL PLACE B-12
TYPE: HOTEL AND RESTAURANT LICENSE
MANAGER: JOSE G. RODRIGUEZ
5. MINUTES FROM FEBRUARY 14, 2017
6. ADJOURNMENT
_______________________________________________________________________________
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.
2
LIQUOR AUTHORITY REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Debbie Hoppe, Town Clerk
Meeting Date: January 28, 2017
Agenda
Topic: Renewal Application–Fiesta Jalisco
PROPOSED MOTION
I move to approve (or deny stating the reasons for denial) the Renewal Application for Fiesta Jalisco
Numero Tres, LLC d/b/a Fiesta Jalisco.
ACTION BEFORE COUNCIL
The Town Council serving as the Avon Liquor Licensing Authority will consider the following Liquor License
Application for renewal at its Board meeting next week:
RENEWAL OF LIQUOR LICENSE
Applicant: Fiesta Jalisco Numero Tres, LLC d/b/a Fiesta Jalisco
Location: 240 Chapel Place B-12
Type: Hotel and Restaurant License
Manager: Jose G. Rodriguez
BACKGROUND
Colorado Liquor Code, 12-47-302, provides for guidelines related to liquor licensing renewals;
applications for the renewal of an existing license shall be made to the local licensing authority. The
Town Clerk, Town Attorney, and Police Department have reviewed the application submitted and
referenced above and the materials are in order. The Police Report indicates one incident in the past
5 years which is described as follows:
Fiesta Jalisco Numero Tres, LLC d/b/a Fiesta Jalisco:
Fiesta Jalisco has been the subject of an investigation conducted by the Division. Agents of the
Division allege violations of the Colorado Liquor Code, Section 12-47-901(1)(a.5)(I), C.R.S. On June
9, 2014, this Licensee, through its employee/agent Rafael Torres-Ortiz, permitted the selling,
serving, giving, or procuring of an alcoholic beverage to a nineteen year old male. Please see
attachment State liquor enforcement information.
The owner/manager has been invited to attend the Liquor Board meeting.
During the liquor license renewal process, the Liquor Authority has broad discretion to consider any
character issues related to the licensee holder at renewal in the same manner as granting a license.
If there have been various types of behavior, such as failure to pay taxes and fraud, the courts have
held these behaviors as a valid reason to find the applicant does not possess character. The
Colorado Liquor Code §12-47-302 sets forth the local authority’s ability to hold a hearing on the
application for renewal. It is also noted that a “yes or no action” only is required on renewals; there
are no conditions that can be mandated in this process.
Attachments:
State of Colorado Renewal Application Form
Avon Police Department Summary Reports
State liquor enforcement information
Page 2
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER AND ROLL CALL
Chairman Fancher called the meeting to order at 5:15 p.m. A roll call was taken and Board members
present were Megan Burch, Amy Phillips, Jake Wolf, Sarah Smith Hymes, and Scott Prince. Matt Gennett
was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg
Daly, Fleet Director Rego Omerigic, Planning Director Matt Pielsticker, Recreation Director John
Curutchet, Executive Assistant to the Town Manager Preston Neill, and Deputy Town Clerk Brenda
Torres.
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 were made.
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
Start time: 00:00:58
4.1. Applicant Name: Walking Mountains Science Center
Event Name: Escape Cabin Fever
Event Date: March 4, 2017; 7:00 pm until 11:00 pm
Location: 318 Walking Mountains Lane
Event Manager: Terri Scales
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented with no concerns. Chairman Fancher opened the public hearing and no
comments were made. Terri Scales, Event Manager, talked about the upcoming fundraising event.
Board member Burch moved to approve the Special Event Pemit applicaiton for the upcoming Escape
Cabin Fever event to be held on March 4, 2017. Board member Phillips seconded the motion and it
passed unanimously by those present. Councilor Gennett was absent.
5. RENEWAL OF ART GALLERY PERMIT
5.1. Applicant: Vail Valley Art Guild d/b/a Art in the Valley Gallery
Location: 240 Chapel Place # 119
Type: Art Gallery Permit
Manager: Rosalind Reed
The application was presented to the Board and no concerns were raised. Rosalind Reed, Art Gallery
Manager, spoke regarding the monthly events.
Board member Burch moved to approve the Art Gallery Permit for Vail Valley Art Guild d/b/a Art in the
Valley Gallery. Board member Phillips seconded the motion and it passed unanimously by those present.
Councilor Gennett was absent.
Page 1
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017
AVON TOWN HALL, ONE LAKE STREET
6. REPORT OF CHANGE - TRADE NAME
6.1. Applicant: SVO Colorado Management, Inc. d/b/a Sheraton Mountain Vista
New Trade Name: Vistana Colorado Management, Inc.
Location: 160 Beaver Creek West
Type: Hotel & Restaurant
Manager: David Weiss
Vice Chairman Smith Hymes moved to approve the report of change – trade name for SVO Colorado
Management, Inc. to Vistana Colorado Management, Inc. Board member Phillips seconded the motion
and it passed unanimously by those present. Councilor Gennett was absent.
7. REPORT OF CHANGES- CORPORATION MASTER FILE
7.1. Applicant: Vistana Colorado Management, Inc. d/b/a Sheraton Mountain Vista
Location: 160 West Beaver Creek Blvd.
Manager: David Weiss
Board member Phillips moved to approve the report of change – Corporation Master file for Vistana
Colorado Management, Inc. d/b/a Sheraton Mountain Vista. Board member Prince seconded the motion
and it passed unanimously by those present. Councilor Gennett was absent.
8. MINUTES FROM JANUARY 24, 2017
Start time: 00:07:25
Board member Burch moved to approve the minutes from the January 24, 2017, Liquor Authority
meeting. Board member Phillips seconded the motion and it passed on a vote of 5 to 0. Vice Chairman
Smith Hymes abstained from the vote. Councilor Gennett was absent .
9. ADJOURNMENT
There being no further business to come before the Board, the meeting adjourned at 5:23 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Brenda Torres, Deputy Town Clerk
APPROVED:
Jennie Fancher ______________________________________
Sarah Smith Hymes ______________________________________
Jake Wolf ______________________________________
Megan Burch ______________________________________
Matt Gennett ______________________________________
Scott Prince ______________________________________
Amy Phillips ______________________________________
Page 2
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
On behalf of Mayor Jennie Fancher
Date: February 28, 2017
Topic: Meeting Procedures for the Meeting of February 28, 2017
Mayor Jennie Fancher will review and seek your concurrence for the
meeting procedures outlined on the agenda.
Page 1 of 1
Beaver Creek Boulevard Redesign
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: February 28, 2017 Meeting
Agenda Topic: ACTION ON THE BEAVER CREEK BOULEVARD REDESIGN TO AUTHORIZE THE COMPLETION OF
THE DESIGN THROUGH CONSTRUCTION DOCUMENTS AND BIDDING OF THE PROJECT
ACTION BEFORE COUNCIL
Vote on final design and next steps for Beaver Creek Boulevard Redesign project.
PROPOSED MOTION
I move to authorize completion of the redesign as presented, development of construction documents,
and bidding of the project. The project will be bid as a complete project and also in two phases – East
Beaver Creek Boulevard and West Beaver Creek Boulevard. I also move to authorize up to $50,000 in
funding from the General Fund Contingency line item for milling and street painting in May, 2017.
MEETING ORDER & ESTIMATED TIMES
5:15 – Presentation of Redesign by Design Workshop & Staff Overview
5:45 – Public Comments, timed to 3 minutes per speaker
6:30 – Council Action
PROPOSED DESIGN
The proposed plan has been modified based upon feedback received during the 2016 summer “road
test” layout, and additional public meetings last fall. The proposed final design (Exhibit A -
http://www.avon.org/bcblvd) will be presented, including road sections, illustrative plans, results of
the and left turn analysis. The proposed redesign plans include the following details:
6’-10’ wide sidewalks
11’ vehicle travel lanes
4’ continuous bike lane between vehicle travel lanes and parking spaces
2’ buffer between bike lanes and parallel parking
8’ parallel parking spaces
Left turn lanes into Christie Lodge and the Avon Center/Alpine Bank
Landscape islands and enhancements throughout
Pedestrian crosswalks with paver treatments
Realigned crosswalks at Sun Road and Lake Street for better visibility
Lighting uniformity where required
1
Beaver Creek Boulevard Redesign
CIVIC & BUSINESS OUTREACH AND ENGAGEMENT
Town staff held open houses on February 22, 2017, in order to gain additional feedback on the revised
plans. Leading up to the open houses press releases were distributed, a webpage was created, and
physical plan sets were distributed to the Library, Recreation Center, and Town Hall.
Staff took time to meet with adjoining residential and business property owners or managers in early
February to discuss the Redesign project and review details of the project. Overall, there was
considerable support expressed from neighboring stakeholders for the overarching project goals and
design. There were a number of suggestions offered during the stakeholder meetings, as summarized
in the attached (Exhibit B). Additional written public comments are also included (Exhibit C).
CONSTRUCTION PRICING AT SCHEMATIC DESIGN
The redesign changes were priced the week of February 6, 2017 (Exhibit D). The estimated construction
budget has risen from $2.5M to $2.85 M. The increase is primarily attributable to 1) the design change,
which widens of the sidewalks on both sides of the travel lanes. The widening requires replacing the
majority of existing abutting curb, gutter, and sidewalks; and, 2) the inclusion of a 30% contingency. The
high contingency is recommended at this schematic design phase. Only when the project is fully
designed and bid, will the Town know the actual cost of construction.
PROJECT SCHEDULE
March Commence Design Development (DD) Plans - 50%
April PZC Review | Continue to Final DD
May Continue to Final DD
June Complete DD - 100%
July Advertise
August Bid Review and Council Action
September Mobilize, if constructing in phases or the entire project
Spring 2018 Complete Construction
OPTIONS
1. Staff Recommended Option: Complete the redesign as presented, develop the construction
documents and bid of the project. The project will be bid as a complete project and also in two
phases – East Beaver Creek Boulevard and West Beaver Creek Boulevard. Council will then
consider construction of the project once the bids are received.
2. Complete the Redesign through Construction Documents and Price: Review by Council and
decide how to proceed
3. Amend Schematic Redesign an price
4. Repave in 2017 with no changes to roadway design.
5. For Options 1 -3, staff recommends milling the existing test paint and repainting with proposed
redesign in May
ATTACHMENTS
Exhibit A: Proposed Redesign
Exhibit B: Summary of Comments
Exhibit C: Written Public Comments
Exhibit D: Cost Estimates
2
Beaver Creek Boulevard Redesign
Exhibit A - Proposed Redesign
*Left Turn Study
*Road Sections
*Illustrative Plans
*Walkability Audit - Bluezones
www.avon.org/bcblvd
3
Beaver Creek Boulevard Redesign
Exhibit B – Summary of Suggestions from Stakeholders & Citizens
Consider 12’ lanes given the size of buses, snowplows, and deliveries.
o Response: Current plans show 11’ travel lanes, 4’ bike lanes, 2’ buffer space, and then
8’ parallel parking spaces. The 11’ travel lanes are functional for all large vehicles, and
bike lanes/buffer zones can be crossed if needed by large truck traffic.
Add left hand turn lanes back in at Avon Road (third lane), Lot A/B, Sheraton, and Lake Street.
o Response: The traffic volumes have been studied by a Traffic Engineer and left hand
turn pockets are not recommended at those locations.
Flashing crossing lights at all pedestrian crosswalks.
o Response: Staff recommends studying further which crosswalks warrant flashing
crossing lights in the design phase. Additional flashing lights are recommended at key
locations.
Raise the crosswalks.
o Response: The proposed design indicates brick paver crossing, which would match
those installed elsewhere in Town that are raised 1”. Exemplifying key crosswalks even
further could be discussed for heavily used crossings.
Remove 3-hr restriction on roadway so people will actually use it.
o Response: The road will revert back to unlimited (no overnight) parking in April, and re-
evaluated for the 2017-18 ski season.
Add proper crosswalk on West side of Lake Street.
o Response: This crossing was added to the project based on public comments during
open houses, and is included in the current plans.
Move the crossings nearest Avon Road further west (west of Avon Rd.) and east (east side of
Avon Rd.) to make them safer and allow more vehicle stacking outside of the roundabouts.
o Response: These modifications will be explored in the final design phase.
Provide a portion of Right-of-Way to either side of the road in order to spur additional private
development since the Right-of-Way is so wide at 80’.
o Response: The conveyance of ROW has not been explored by the project team, based
upon the land necessary to fully implement the multi-modal goals of the project.
Consider delivery turning movements for larger vehicles into the Avon Center, and Lot B.
o Response: The drawings note “narrowed” crossing in the Lot A/Lot 55 entrance. The
turning studies will be reviewed during the design process so as to not preclude large
vehicles. Alternate delivery opportunities were also discussed with property managers
including on-street loading zone for limited timeframes, and/or reverting the
Benchmark Road area back to loading near Possibility Plaza.
4
1
Matt Pielsticker
Subject:FW: Project recommendation
‐‐‐‐‐Original Message‐‐‐‐‐
From: Micheal Smith [mailto:michealsmith@usa.net]
Sent: Thursday, February 02, 2017 5:43 PM
To: Beaver Creek Blvd
Subject: Project recommendation
As president of the Greenbrier HOA, our HOA requests that a proper pedestrian crosswalk from the west side of Lake
street sidewalk to the north side of W.
Beaver Creek Blvd. be installed and included as part of the proposed redo of W. Beaver Creek Blvd.
Given the snow plow challenges the town has with constant dumping of huge piles of snow blocking our sidewalk each
snowfall, this is the best and safest way for our residents to cross W. Beaver Creek Blvd and head towards the park, rec
center, etc..
As it stands now, we are supposed to cross 3 streets (first to comfort inn, then across to Sheraton, then to Lake Street
west sidewalk) all while navigating huge piles of snow that puts our pedestrian residents walking directly on W. Beaver
Creek Blvd westbound lane... that is a major hazard and an accident waiting to happen!
Please contact me with any questions or concerns as a 20 year resident I am happy to answer! Let's get this right once
and for all!
Sincerely,
Micheal Smith
President Greenbrier HOA
970‐376‐3030
Exhibit C - Written Public Comments
5
1
Matt Pielsticker
From:Terry Rosenbaum <terry.rosenbaum@gmail.com>
Sent:Thursday, February 02, 2017 4:25 PM
To:Beaver Creek Blvd
Subject:I still don't like it
Why not keep more of the on-street parking and remove the new 3-hour restriction so that people actually use it? The greenery along the street seems ripe for damage from snowplowing operations. I still think that the street
was fine the way it was. If traffic-calming was needed, raised crosswalks would probably have been sufficient.
I've never seen a large volume of bicycle traffic along there either.
Terry Rosenbaum 3016 Wildridge #1
517-230-7333
Exhibit C - Written Public Comments
6
From: Craig Ferraro [mailto:cferraro@ewpartners.com]
Sent: Wednesday, November 16, 2016 2:35 PM
To: Avon Council Web
Subject: West Beaver Creek Boulevard
Dear Town Council Members:
Please note my support for the improvements to West Beaver Creek Boulevard. I work in the Westin and walk or bike to work most days. From the Westin I go to Avon Center, First Bank
and the Post office, as well as East Beaver Creek Boulevard. The improvements, and slowing
of traffic, have made easier to cross West Beaver Creek Boulevard, and the addition of the bike lanes has made riding much easier. I also do have the occasion to drive along West Beaver
Creek Boulevard and the improvements has not impacted the drive in a negative way, if
anything it has made turning onto West Beaver Creek Boulevard easier because of the slowing of traffic. I’ve not experienced any tie up in traffic due to the improvements.
East West Partners was an active participant in Sole Power, the commuting challenge sponsored by Town of Vail, Town of Gypsum and Eagle County, among others. Based out of
Avon we had over 900 trips of non-vehicle transportation, with many of these on West Beaver
Creek Boulevard. The improvements definitely made it easier for these trips.
Craig Ferraro
Managing Partner
east west partners
970-845-9200 main | 126 Riverfront Lane, 5th Floor
970-748-7581 direct | P.O. Drawer 2770
970-376-4462 cell | Avon, CO 81620
970-845-7205 fax
cferraro@ewpartners.com
Exhibit C - Written Public Comments
7
1
Matt Pielsticker
Subject:FW: Beaver Creek Boulevard Redesign
Matt:
Thank you for allowing us (Dan Burden and Samantha Thomas) at Blue Zones, LLC to review your progress on the Beaver Creek Boulevard Plan. We have worked in more than 40 winter resort communities, and Avon is
stepping out in front of many. Your overall work is remarkable! Avon is unique in its opportunities and
challenges to become a most favored high country walkable community. Both residents and visitors seek better
places to live and to visit. Highly walkable, authentic mountain towns are difficult to protect and enhance, but those that take the right steps receive an all-important buzz, which brings added financial returns. Beaver Creek Boulevard is at the heart of your transformations, going from higher speed road for automobiles to a place
focused on people--the heart and soul of the community. We love what we see in your Beaver Creek Boulevard
Plan.
To us, your plan highlights include:
An ideal, well-proven road diet, now giving back to placemaking and land values what had been consumed for the car and speed alone
Wider sidewalks, set back from the street, enlivened with buffers, edges and trees
Easier, better located and recognizable crossings, placed in such ways as to moderate speeds
Innovative ways to handle all four crossings of the first generation, oversized, roundabout at Avon Road. This is one of the most important roundabout transformations in America.
Lower speeds through visual and geometric transformations of Beaver Creek Road
There are still measures to address in this plan, but our discussions Monday were well thought through and we
sensed the quality of your reception and thinking on the most important topics. We are pleased to be part of
these ongoing, innovative discussions.
Matt, please share our pleasure with your work with Avon’s leaders. You have important meetings coming up,
and we want to equip and embolden your team to achieve a great new model street for people, all users, ages,
and abilities. Let the Beaver Creek Boulevard Plan and execution become an important signature for others to
one day copy.
Sincerely,
Dan Burden and Samantha Thomas
Samantha Thomas
Built Environment Manager
Blue Zones, LLC
Cell: 651-792-5894
samantha@bluezones.com | www.bluezones.com
twitter | facebook
Exhibit C - Written Public Comments
8
1
Matt Pielsticker
Subject:FW: West Beaver Creek Boulevard
From: Kristi Ferraro [mailto:kferraro@comcast.net]
Sent: Wednesday, November 16, 2016 12:59 PM
To: Avon Council Web
Subject: West Beaver Creek Boulevard
Dear Town Council Members:
I would like to express my support for the improvements to West Beaver Creek Boulevard. The temporary
improvements have made it much easier and more pleasant to walk or bike around the west side of Avon. Now, I am
much more likely to walk or ride my bike to the post office, the bank and the Avon Center. Before the changes were
made on West Beaver Creek Boulevard, it was so unpleasant to try to cross West Beaver Creek Boulevard or to walk or
ride on West Beaver Creek Boulevard, that I would almost always use my car for those errands. Even when I was on
council, we struggled with the best way to make our town more walkable and to update our overly wide roads. All of
the bike paths, trails and traffic calming measures that the town has taken over the years are ultimately very popular,
but many people initially resist the changes. I applaud you for engaging some out‐of‐the‐box methods to make West
Beaver Creek less of a barrier and more of an asset to our town.
On another note, while volunteering at the Avon polling place this election, I was happy to see so many people in our
Latino community exercising their right to vote. I imagine that a big impetus for voting was a concern about Donald
Trump’s campaign promise to deport millions of undocumented immigrants. The Denver Post reported today that the
police departments of Denver and Aurora have issued statements in the wake of Donald Trump’s election, to tell
residents that they will not enforce federal immigration laws. The Denver Police Department’s statement read:
”Immigration enforcement is handled at the federal level, not by local law enforcement. The Denver Police Department
has not participated in those enforcement efforts in the past and will not be involved in the future.” I would encourage
the Avon Police Department to issue a similar statement and for the Avon community to take steps to become a safe
city for immigrants, who are such a vital part of our community.
Thank you for your service to our community. I know what a commitment it is to serve on the town council and I
applaud all of you for your public service.
Best regards,
Kristi Ferraro
Kristi Ferraro, LLC
3860 Eaglebend Drive
P.O. Box 145 Avon, Colorado 81620
Phone: (970)471-4715
Fax: (970)748-3175 kferraro@comcast.net
www.kristiferraro.com
IRS CIRCULAR 230 DISCLOSURE: TO COMPLY WITH IRS REQUIREMENTS, ANY TAX ADVICE
CONTAINED IN THIS COMMUNICATION IS NOT INTENDED TO BE USED FOR THE PURPOSE OF
AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR FOR PROMOTING, RECOMMENDING
Exhibit C - Written Public Comments
9
2
OR MARKETING TO ANOTHER PARTY ANY TRANSACTION OR MATTER ADDRESSED IN THIS COMMUNICATION.
This communication is confidential, it is intended only for the named addressees, and may be subject to attorney-client privilege, and/or attorney-client work product privilege, none of which are waived by this transmission. If you are not the
intended addressee, please immediately reply by email to the sender stating that this communication was misdirected, and destroy all copies of this communication.
Exhibit C - Written Public Comments
10
1
Matt Pielsticker
From:Virginia Egger
Sent:Monday, November 21, 2016 10:55 AM
To:Preston Neill
Subject:FW: In Favor of W. Beaver Creek Blvd's Diet
Follow Up Flag:Follow up
Flag Status:Completed
From: Tamra [mailto:underwoodavon@comcast.net]
Sent: Wednesday, November 16, 2016 2:06 PM
To: Avon Council Web; Jennie Fancher
Cc: Virginia Egger; Debbie Hoppe
Subject: In Favor of W. Beaver Creek Blvd's Diet
Madam Mayor and Councilors of the Avon Town Council:
I encourage you to stay strong in your resolve to make Avon more walkable.
I walk across West Beaver Creek Blvd. two times nearly every day and it is indisputable that the “diet”
that was implemented on this road makes this important Avon post office-bank-drug store-liquor
store-bus stop connection far, far more walkable. Slowed vehicular traffic in the too wide road is the key. Additional on-street parking is another benefit of the design undertaken following issuance of your walkability report. I am very much in favor of keeping West Beaver Creek Blvd. narrowed in
order to slow vehicular traffic.
I agree with your decision to compromise on your consultant’s “purist” design by re-opening the West Beaver Creek Blvd. ingress and egress at the Post Office. That is enough of a compromise to those valley residents who just wish to streak in and out of our town, in their cars, as quickly as possible.
The only thing I do not care for on this new area of West Beaver Creek Blvd. are the stenciled green
aspen leaves, but I understand those are temporary. Lastly, I’m not sure we need bike lanes in both directions but I will trust your judgment when considering your professional consultant’s advice.
Please keep Avon’s West Beaver Creek Blvd. on its diet. And I will remind you that, had Avon
chickened-out over the vocal opposition to the valley’s very first roundabouts (and there was A LOT of
opposition to those first roundabouts!!!), this whole valley would be a lesser place. Be Bold. Don't listen to screaming nihilists. Stay firm in your resolve to make Avon more walkable;
keep implementing your plan.
Thank you for your work on our town’s behalf, Tamra Nottingham Underwood
Hurd Lane resident Avon
Exhibit C - Written Public Comments
11
Beaver Creek Boulevard Redesign
Exhibit D – Construction Cost Estimate
$2,575,043
$20,000
$2,595,043
$259,504
$2,854,547
$2,500,000
($354,547)
$50,000
CONSTRUCTION ESTIMATE
BASED UPON SCHEMATIC DESIGN
Sub-total Construction
TOTAL CONSTRUCTION ESTIMATE
Civil Construction
(Includes 20% Coontingency)
Misc/Testing/Advertising
Additional 10% Contingency
NET PROJECT COST ESTIMATE
TOTAL APPROVED BUDGET
May 2017: WBCB Survey, Milling, Template,
Paint
12
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: February 28, 2017
Agenda Topic: Appointments to Landowner’s Committee for Consideration of Termination of the Protective
Covenants for Benchmark at Beaver Creek Subdivision
SUMMARY:
At its regular meeting on January 10, 2017, the Town Council provided direction to proceed with efforts to provide
notice to property owners and prepare documents necessary for termination of the Benchmark Covenants. A notice
and ballot materials were mailed, on February 1, 2017, to all property owners in the Benchmark at Beaver Creek
Subdivision. The notice provides property owners with information concerning the Benchmark Covenants, the
process to amend or terminate the Benchmark Covenants, and the proposed process for the Avon Town Council to
receive input and consider taking action as the Town. The notice identifies the following process for consideration of
any action on the Benchmark Covenants:
February 28, 2017 – Avon Town Council will conduct a public hearing regarding the Benchmark Covenants,
will interview property owners who are interested in serving on the Landowner’s Committee and may take
action to appoint five persons to the Landowner’s Committee. The meeting will be held at 5:00 p.m., or as
soon thereafter as possible, at the Avon Town Hall, located at One Lake Street, Avon, Colorado.
March 14, 2017 – Avon Town Council will consider the following actions: (1) voting as a property owner in the
Benchmark Subdivision to terminate the Benchmark Covenants; (2) voting to appoint five members to the
Landowner’s Committee if such action is not taken on February 28, 2017; and (3) providing direction to any
representatives of the Town of Avon on the Landowner’s Committee with regard to voting as a member of
the Landowner’s Committee to terminate the Benchmark Covenants. The meeting will be held at 5:00 p.m.,
or as soon thereafter as possible, at the Avon Town Hall, located at One Lake Street, Avon, Colorado.
LANDOWNER’S COMMITTEE:
Property owners (including authorized representatives of a properties owned by legal entities) within the
Benchmark Subdivision interested in serving on the Landowner’s Committee have been encouraged to submit a
letter of interest. To date, the Town has received two letters of interest from the following individuals:
• Gil Avellar
• Doug Jimenez
COUNCIL APPOINTMENT:
The Avon Town Council may appoint one person to represent the Town of Avon as a property owner on the
Landowners’ Committee. Staff recommends consideration of appointing a Town Council member to represent the
Town of Avon as a property owner. In addition, any Town Council member or Town employee who owns property in
the Benchmark Subdivision area is also eligible to serve on the Landowner’s Committee.
OPTIONS:
Council may choose one of the following options:
• Take action to appoint only a portion of the membership of the Landowner’s Committee and delay the
appointment of any remaining members to the regular meeting on March 14, 2017
• Delay the appointment of the five member Landowner’s Committee to the regular meeting on March 14,
2017
RECOMMENDATION:
Delay taking action to appoint five members to the Landowner’s Committee until there are at least five interested
property owners identified because the Landowner’s Committee requires the concurring vote of at least four
members to take action.
ATTACHMENTS:
Letter of Interest – Gil Avellar
Letter of Interest – Doug Jimenez
8000 Maryland Avenue · Suite 610 · St. Louis, MO 63105
P: 314.725.8333 · F: 314.725.8344
Thursday February 16, 2017
Preston Neill
Executive Assistant to the Town Manager
Town of Avon
RE: Letter of Interest, Benchmark at Beaver Creek Landowners Committee
Dear Preston,
I would like to officially request serving as one of the five Benchmark Covenants’ Landowners
Committee members to be appointed on the February 28, 2017 Town Council’s meeting.
Such committee shall only have members who reside in the Avon Community as well members who can
represent the interest of both residential and commercial owners at the Benchmark at Beaver Creek
Subdivision equally and fairly. I meet both requirements.
The Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision were adopted in
1974 with great intent to serve limited purposes creating rules by a master developer to lead the
development of Avon at the time. Nowadays the Benchmark Covenants are far from serving the newer
Town of Avon (TOA) needs, the most recent Town and Municipal regulations address most of the same
topic matters in the Benchmark Covenants, but in a modern and exact manner. As far as I concern the
TOA’s regulations are updated, easily accessible and better administered through the Avon Community
Development department than the Benchmark Covenants. The covenants are an outdated copy of the
TOA’s Development Code regulations, and are largely unenforced.
I have served as a Commercial and Residential Property Manager in Avon for over 9 years, am a Licensed
Colorado Realtor and I have lived in the Avon community for over 10 years which should also qualify me
for the responsibilities incurred within the committee. Plus I have attended numerous Town Council and
Planning and Zoning meetings held at the TOA.
Thank you for your consideration.
Respectfully,
Doug Jimenez
Doug Jimenez
Property Manager
Hoffmann Commercial Real Estate
8000 Maryland Avenue · Suite 610 · St. Louis, MO 63105
P: 314.725.8333 · F: 314.725.8344
P.O. Box 9687 | Avon,CO | 81620
P: 970-688-5181 | C: 970-390-1970 | F: 970-688-5181
djimenez@hoffmanncre.com
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: February 28, 2017
Agenda Topic: PUBLIC HEARING Second Reading of Ordinance 17-03, Amending Avon Municipal Code Sections
5.12.080, 090, 110, and 120 Concerning Vehicle Impoundment
ACTION BEFORE COUNCIL:
Before Council is a Public Hearing and vote on Second Reading of Ordinance 17-03, which, if approved, will amend
sections of the Avon Municipal Code concerning vehicle impoundment and immobilization.
PROPOSED MOTION:
“I move to approve [approve with changes or deny] Ordinance 17-03, thereby approving second and final reading of
an ordinance amending Avon Municipal Code Sections 5.12.080, 090, 110, and 120 concerning vehicle impoundment.”
OVERVIEW:
Ordinance 17-03, if approved on Second Reading, will enact the following amendments:
• Permit payment by credit card in addition to payment by cash.
• Clarify grounds for finding a lack of “moral character” that would justify suspending or revoking a
license.
• Change the standard to uphold a vehicle immobilization from “probable cause” to actual violation of
parking rules and compliance with all vehicle impoundment rules.
• Change the minimum hearing cost from $100 to an amount to be determined by the municipal court.
• Permit the municipal court discretion to reverse or reduce an immobilization fee.
• The owner of a vehicle shall first contact the owner of the property, or owner’s agent, by e-mail or
other means to request reversal or reduction of the immobilization fee. The parking enforcement
company shall provide the e-mail address and telephone number of the property owner or property
owner’s agent, who shall not be anyone employed by or affiliated with the parking enforcement
company.
BACKGROUND:
On June 14, 2016, Ordinance 16-11 was presented to Council to amend sections of the Avon Municipal Code
concerning vehicle impoundment and immobilization. Council tabled the item and provided direction to Town staff
to research the processes of vehicle impoundment and immobilization, and regulations for private booting
companies in several other municipalities. Additionally, staff was directed to conduct outreach to local businesses
and commercial property owners that contract with booting and/or towing companies, to gauge opinion and
sentiments on the issue.
Council convened in work sessions on August 9, 2016, and September 27, 2016, to review booting practices in Avon
and for Town staff to present the outreach and research that have been conducted on the subject. At the
September 27, 2016 Town Council meeting, staff presented several options for consideration by Council. Council
ultimately provided direction to Town staff to draft an ordinance that would enact the amendments listed above.
First Reading of Ordinance 17-03 was approved on February 14, 2017.
Outreach
Three rounds of community outreach have been completed regarding vehicle immobilization procedures in Avon,
particularly in the Town core. Prior to the August 9, 2016, Town Council meeting, Master Police Officer Chris Peck
visited with a variety of business proprietors and property managers to survey their responses to a number of
questions. Owners or managers of the following businesses were interviewed: Bob’s Place, Venture Sports, Avon
Bakery, Beaver Liquors, Treasures Quality Consignments, High Gear Cyclery, Loaded Joe’s, Montana’s Smokehouse
and Pazzo’s Pizzeria. In addition, property managers for Avon Center and Aspens Mobile Home Village were
surveyed. A summary of their responses in included in Attachment 2.
In preparation for the September 27, 2016 Town Council meeting, a memorandum, attached as Attachment 3, was
prepared and distributed to commercial property owners, retailers and lodge representatives to provide them a
summary of the issue, potential options to address the issue, and Town staff’s recommended solution. They were
asked to submit their feedback in writing to Town staff. All submittals have been collated and attached as
Attachment 4.
In preparation for the February 14, 2017 Town Council meeting, Avon PD, throughout the month of January,
conducted an anonymous survey on individuals who had been booted by either AAA Booting or AT (Affordable
Towing) Booting. The survey was conducted by picking random subjects, whose vehicles had been booted, dating
back six months ago. Attachment 5 is a memorandum from Sergeant Matt Jamison that summarizes the results of
the survey. The attachment also includes the individual responses to the survey.
Research
Staff was directed to conduct research on the processes of vehicle impoundment and immobilization, and
regulations for private booting companies in several other municipalities. Staff researched the municipal codes and
contacted representatives of the towns of Breckenridge and Vail and the city of Aspen. This research has been
attached as Attachment 6.
ATTACHMENTS:
Attachment 1 – Ordinance 17-03
Attachment 2 –Survey of Business Owners and Property Managers
Attachment 3 – Memorandum: Vehicle Immobilization Devices 9/15/2016
Attachment 4 – Submitted Feedback
Attachment 5 – Avon PD Booting Survey Memorandum and Individual Survey Responses
Attachment 6 – Staff Research
TOWN OF AVON, COLORADO
ORDINANCE 17-03 AMENDING AVON MUNICIPAL CODE SECTIONS 5.12.080, 090, 110, AND 120 CONCERNING VEHICLE IMPOUNDMENT
WHEREAS, the Avon Town Council adopted Ordinance No. 09-10 and Ordinance No. 10-11 which enacted and amended regulations concerning booting of vehicles on private property
and the Town of Avon recently reviewed various aspects of existing booting regulations to
determine if amendments would improve the effectiveness of booting regulations; and
WHEREAS, the use of booting by private parking enforcement companies is not currently
regulated by the State of Colorado and the District Attorney for the Fifth Judicial District in the State of Colorado has issued an advisory opinion that booting of a vehicle by a private party
without the consent of the vehicle owner constitutes Second Degree Criminal Tampering
pursuant to C.R.S. §18-4-506 and criminal motor vehicle tampering pursuant to C.R.S. §42-5-03;
and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (the “Town”), the Town Council has the power to adopt ordinances
for promotion and preservation of public health, safety, and welfare, including the authority to
regulate parking enforcement companies that immobilize and boot motor vehicles without the
consent of the owner of the motor vehicle within the municipal limits of the Town; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Avon Municipal Code Section 5.12.080, 090, 110 and 120. Avon Municipal Code Sections 5.12.080, 090, 110 and 120 are hereby amended, with strike out
indicating words which are deleted and underline indicating words which are added, to read as
set forth in Exhibit A: Amendments to Avon Municipal Code Sections 5.12.080, 090, 110 and 120, attached hereto.
ATTACHMENT 1
Ord 17-03 Amending Avon Municipal Code Sections 5.12.080, 090, 110, AND 120 Concerning Vehicle Impoundment SECOND READING – February 28, 2017 Page 1 of 3
Section 3. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Ord 17-03 Amending Avon Municipal Code Sections 5.12.080, 090, 110, AND 120 Concerning Vehicle Impoundment SECOND READING – February 28, 2017 Page 2 of 3
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on February 14, 2017 and setting such public hearing for February 28, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on February 28, 2017.
BY: ATTEST: ____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Ord 17-03 Amending Avon Municipal Code Sections 5.12.080, 090, 110, AND 120 Concerning Vehicle Impoundment SECOND READING – February 28, 2017 Page 3 of 3
EXHIBIT A: AMENDMENTS TO AVON MUNICIPAL CODE SECTIONS 5.12.080, 090, 110 AND 120.
5.12.080 - Rules and regulations.
The Chief shall, within seven (7) days after the enactment of the ordinance codified in this Chapter, set forth in writing such rules and regulations governing the conduct of wreckers or parking enforcement companies as are deemed necessary to ensure the inhabitants of and other persons within the Town safe, efficient and dependable towing or parking enforcement service. These rules shall include, but not be limited to, the following:
(1) Equipment. The Chief shall specify equipment at least the equivalent of that required by the rules and regulations of the Colorado Public Utilities Commission governing towing carriers for wreckers and such other necessary equipment as determined by the Chief. Parking enforcement company vehicles are required to be clearly marked with the business name and Avon license number and must have a blinking amber light on the top of or above the vehicle when engaged in booting operations, and the operators are required to wear reflective traffic safety vests.
(2) Records. The Chief shall require sufficient recordkeeping to ensure compliance with the terms of this Chapter and the rules and regulations as promulgated.
(3) Personnel. The rules shall specify such steps as are necessary to determine that the operators and employees of the wrecker or parking enforcement company are of good character and otherwise fit to participate in towing or booting operations within the Town, which shall be determined according to the same standards for applicants set forth in Section 5.12.030 above. Employees engaged in parking enforcement shall display a picture identification card containing: the employee's picture, the employee's name, the employer's name and the Avon business license number.
(4) Rates. Rates shall be determined by the following procedures and requirements:
a. A schedule of reasonable rates to be charged by wreckers operating on the Town's towing list shall be established by the Town Manager, and it is unlawful for any wrecker to charge rates other than as set forth in said schedule whenever such wrecker provides towing service in response to a call from the Police Department. The schedule of rates shall be set forth as a part of the rules and regulations governing wreckers, provided that such rates shall not be less than the permissible rates published by the Public Utilities Commission as may be amended from time to time. The Town Manager shall annually review the rate schedule to determine its adequacy and appropriateness and shall make such changes as he or she deems necessary. In setting or revising rates, the Town Manager shall give consideration to the rates charged for similar services in the County. The rate schedule as set forth in the rules and regulations shall not apply to towing services conducted by a wrecker when his or her services are not rendered as a result of a request by the Police Department.
b. A wrecker shall not charge rates higher than what is allowed by the Colorado Public Utilities Commission for nonconsensual tows. A parking enforcement company shall not charge a boot removal fee higher than seventy-five percent (75%) of the rate allowed by the Colorado Public Utilities Commission for the nonconsensual tow of a motor vehicle with a GVWR of less than ten thousand (10,000) pounds when requested to remove the boot.
Page 1 of 5
c. If the owner, authorized operator or authorized agent of the owner of a motor vehicle that is parked without the authorization of the property owner attempts to retrieve the motor vehicle while the wrecker or booting operator is still with the vehicle, a "drop charge" shall not be higher than what is established by the Colorado Public Utilities Commission.
d. There shall not be any boot removal fee assessed if the boot cannot be removed within ninety (90) minutes from the time of the request for removal by the vehicle owner or vehicle owner's designee. Any dispute regarding the time frame proscribed herein may be refuted based on the phone records for the parking enforcement company. A boot applied at the direction of a Town police officer shall be released at the direction of a Town police officer.
e. The parking enforcement company shall accept payment by credit card for the boot removal fee, in addition to accepting payment in cash. The parking enforcement company shall obtain, carry and maintain in working order such portable credit card payment equipment as may be necessary to accept payment by credit card at the location of the placement and removal of a boot.
(5) Authority of Chief. The Chief shall from time to time formulate, publish and promulgate such other
rules and regulations as are reasonably necessary to effectuate the purpose of this Chapter, including but
not limited to the type of security required at the vehicle storage location, the hours during which the vehicle
storage location will be open for the redemption of vehicles by their owners, the persons to whom towed
vehicles may be released and the procedures to be followed in connection with the release of towed
vehicles and the payment of fines, towing fees and storage charges. Any rules and regulations promulgated
by the Chief shall not conflict with or materially change any provision of this Chapter. The Chief may initiate
a request for proposal and select a designated wrecker service or parking enforcement company to provide
service for police-requested impounds. The Chief shall post notice of any proposed rules in the official
places of posting notices adopted by the Town, shall post notice on the Town's website and shall mail
notice to all licensed wrecking and parking enforcement companies at least twenty (20) days prior to
adoption of such proposed rule or regulation by the Chief, and the Chief shall consider all comments
received on the proposed rules and regulations prior to taking any action to adopt the proposed rules and
regulations. The Chief shall provide written notice of adoption of any rules and regulations to all persons
who provide comments in writing, along with a copy of the adopted rules or regulations and a statement
that persons with standing (defined as residents, property owners or business owners in Avon) may appeal
the decision to adopt the rule or regulation to the Town Council. Any person with standing may appeal the
decision of the Chief to adopt a rule or regulation by providing a request to appeal the decision in writing to
the Town Clerk within ten (10) days of the date of adoption of the rule or regulation by the Chief. Failure to
provide a request (defined as received by the Town) to appeal a rule or regulation adopted by the Chief
within ten (10) days shall be deemed a forfeiture and waiver of all rights to appeal such decision to the
Town Council. The Town Council shall consider all appeals of the decision of the Chief to adopt a rule or
regulation which are properly and timely provided to the Town, and the Town Council's action shall be final.
During the pendency of an appeal, the proposed rule or regulation shall not take effect.
5.12.090 - Suspension or revocation—procedure.
Page 2 of 5
Upon a showing that a wrecker or parking enforcement company has violated the provisions of this Chapter, a Hearing Officer's order or the rules and regulations provided for in Section 5.12.080 above, the Town Council may suspend for a period of up to six (6) months or revoke the license of any wrecker or parking enforcement company. Prior to taking any action to suspend or revoke a wrecker or parking enforcement company license, the Town shall provide at least ten (10) days' prior written notice to the licensee stating the grounds and allegations for any action to suspend or revoke a license, and the Town Council shall conduct a hearing thereon. Service of the notice shall be by personal service upon the wrecker or parking enforcement company or his or her agent or by certified mail, return receipt requested, sent to the business address of the operator as shown on his or her license. A decision to suspend or revoke the license shall be based on a finding of violation of the provisions of this Chapter, including non-compliance with the minimum requirements in Section 5.12.030, or a finding that the owner, operator or an employee of a parking enforcement company has exhibited a lack of moral character, including but not limited to acts of hostility, intimidation or deceit in the conduct of the parking enforcement company operations; or conviction of a felony. The decision of the Town Council shall be final.
5.12.110 - Written notice of tow/immobilization—rates and hours.
(a) Notwithstanding any other provision of this Chapter, a licensed wrecker shall receive a written authorization from the person authorizing a tow prior to the commencement of a tow originating within the Town, which authorization shall list the services offered and the rates and charges required therefor. A copy of such authorization shall be furnished to the person authorizing the tow. Such copy shall list the name, address and telephone number of the wrecker's business and the days and hours the business is open for the release of vehicles. Such copy shall also be signed by the towing vehicle operator performing the authorized service.
(b) After a boot is placed on any vehicle, the parking enforcement company shall:
(1) Provide a notice affixed to the vehicle in a conspicuous and obvious manner containing the name, address, telephone number and license number of the parking enforcement company that placed the boot on the vehicle, the amount of the boot removal fee, the right to have the boot removed within ninety (90) minutes of contacting the parking enforcement company, the name and telephone number of the property owner or manager authorizing the boot, the signature of the parking enforcement company operator or designee and a description of the right to request a post-seizure hearing under this Chapter;
(2) Maintain personnel authorized to remove any boot and release any vehicle to its owner or driver upon the payment of any boot removal fee during such times as required in this Chapter; and
(3) Accept payment by cash or by credit card; and
(3)(4) Provide a receipt upon payment to the individual making the payment for removal of the boot or release of the vehicle, listing the fees and advisement of the right to request a post-seizure hearing for vehicle immobilization per Section 5.12.120 below.
(c) A parking enforcement company or wrecker shall not charge fees in excess of the fees as listed in the fee schedule for booting or towing a vehicle.
(d) A parking enforcement company or wrecker shall not charge any fee related to the impoundment of a vehicle that is not listed in the fee schedule.
(e) Charges for damages to booting equipment shall not be governed by this Section and shall not prevent the vehicle's release if scheduled fees are satisfied. Damages or loss to parking enforcement
Page 3 of 5
equipment will be investigated using other municipal and state statutes related to theft or criminal injury to property.
(f) The Town is authorized to audit the fees charged by a parking enforcement company or wrecker licensed to do business in the Town upon reasonable notice and at reasonable times for the purpose of verifying compliance with this Chapter.
5.12.120 - Post-seizure hearing.
(a) The owner of a vehicle that has been immobilized pursuant to this Chapter has a right to a "post-seizure" administrative hearing in accordance with this Section to determine whether there was
probable cause to impound the vehiclethe vehicle owner violated the parking rules and regulations and whether the parking enforcement company complied with all applicable rules and regulations.
(1) (1) The owner of a vehicle shall first contact the owner of the property, or owner’s agent, by e-mail or other means to request reversal or reduction of the immobilization fee. The parking enforcement company shall provide the e-mail address and telephone number of the property owner or property owner’s agent, who shall not be anyone employed by or affiliated with the parking enforcement company.
(1)(2) The hearing shall be petitioned and conducted in the same manner as outlined in Title 10 of this Code.
(2)(3) The parking enforcement company shall have the burden to establish that there was
probable cause to impound or immobilize a violation of the vehicleparking rules and regulations and that the parking enforcement company complied with all applicable rules and regulations.
(3)(4) (3) The losing party shallmay be assessed a minimum hearing cost of one hundred
dollars ($100.00) and shallcosts as determined by the municipal court and may be required to pay for translation services, if used during the hearing. The Hearing Officer has the discretion to waive court costs.
(5) The municipal court may reverse or reduce the immobilization fee in the court’s discretion depending upon the circumstances. The parking enforcement company shall have five (5) days from the decision of the municipal court to refund any immobilization fee that is reversed or reduced by the municipal court.
(b) When a vehicle is immobilized by a parking enforcement company, the vehicle owner or driver shall be informed of his or her right to a post-seizure hearing with the following written statement:
"The vehicle was booted by the property owner for a private property parking violation as outlined in Avon Municipal Code, Title 5. The Town of Avon was not involved in the action. The owner or operator of the vehicle may request a hearing by one of the following methods:
"(1) By providing a written request to the Municipal Court Clerk for a post-seizure hearing to contest the booting within ten (10) days of the date the vehicle was booted; or
"(2) By appearing in person at the Municipal Court within a ten-calendar-day period from the date on which the boot was placed on the vehicle and requesting an initial appearance before a Hearing Officer." .
The vehicle owner or operator must first contact the parking lot property owner, or property owner’s agent, to request reversal or reduction of the immobilization fee. The parking
Page 4 of 5
enforcement company shall provide the e-mail and telephone number for the property owner or property owner’s agent. The losing party may be assessed hearing costs as determined by the municipal court. The immobilization fee may be reduced or reversed in its entirety by the municipal court”
Page 5 of 5
ATTACHMENT 2
August 9, 2016 Work Session
Survey of Business Owners and Property Managers
Question – How do you feel about the current municipal ordinance regarding regulations for
private booting companies?
Generally speaking, respondents were supportive of booting as a mechanism for parking
enforcement but some respondents had an issue with the practices of one booting company in
particular and how that company operates. Respondents commented that this company is “too
strict” and at times booting is not executed with “common sense”. One property manager, who
referenced the same booting company, supported the practices and believed that at times,
violators are not truthful regarding their intent. The property manager stated that the property
restricts parking only to those patronizing the businesses on the property.
Question – Can you recommend any better practices in which the Town of Avon can handle
booting?
There was a mixture of responses. Proposals from respondents included parking meters, more free
on-street parking and a grace period before a vehicle is booted.
Question – How have you or your business been affected by booting on private commercial
property?
Respondents explained the negative impacts on customers and further explained the detrimental
effects on the businesses as sometimes customers will not patronize a business because of a 2-
hour restricted use in the private parking lot. One business owner stated that some employees
have been booted, while another complained that legitimate customers have been booted when
they walked across the street to another business. Other complaints included that there is no
parking for sales representatives and businesses have lost customers because of booting.
Question – Do you think the municipal ordinance regarding regulations for private booting
companies should be repealed or modified?
The majority of responses included recommendations to modify the ordinance as opposed to
repealing the ordinance entirely. Some of the recommended modifications included to allow a
grace period, with one recommending up to four hours before booting.
MEMORANDUM
To: Interested Parties
Date: September 15, 2016
Topic: Vehicle Immobilization Devices
OVERVIEW:
In recent months, there has been a rise in complaints from patrons of private parking lots and
businesses near these lots regarding the use of vehicle immobilization devices, or “boots,” particularly
in the Avon Town core. The purpose of this memorandum is to provide you, other retailers and lodge
representatives and our registered booting companies a summary of the issue, potential options to
address the issue, and Town staff’s recommended solution.
We are seeking your feedback prior to finalizing a recommendation to Town Council. Please take the
time to review the options and let us know your preference. Feel welcome to modify the option as you
may desire. We appreciate receiving your input by not later than September 21, 2016. Town staff will be
completing a report to the Town Council not later than September 23rd for their discussion on the
evening of September 27th. Please email your responses to pneill@avon.org or drop off a completed
copy of this document to the reception window at Town Hall, located at 1 Lake Street.
SUMMARY:
On June 14, 2016, Ordinance 16-11 was presented to Council to amend sections of the Avon Municipal
Code concerning vehicle impoundment and immobilization. Council tabled the item and provided
direction to Town staff to research the processes of vehicle impoundment and immobilization, and
regulations for private booting companies in several other municipalities. Additionally, staff was
directed to conduct outreach to local businesses and commercial property owners that contract with
booting and/or towing companies, to gauge opinion and sentiments on the issue.
On August 9, 2016, Council convened in a work session to review booting practices in Avon and
comparable Colorado municipalities. Town staff presented the outreach and research that has been
conducted on the subject. Summaries of the outreach and research are provided below.
Outreach
The Avon Police Department has completed community outreach regarding vehicle immobilization
procedures in Avon, particularly in the Town core. Master Police Officer Chris Peck visited with a
variety of business proprietors and property managers to survey their responses to a number of
questions. Owners or managers of the following businesses were interviewed: Bob’s Place, Venture
Sports, Avon Bakery, Beaver Liquors, Treasures Quality Consignments, High Gear Cyclery, Loaded
Joe’s, Montana’s Smokehouse and Pazzo’s Pizzeria. In addition, property managers for Avon Center
and Aspens Mobile Home Village were surveyed. A summary of their responses is included in the
August 9, 2016 Town Council meeting packet.
Research
As previously mentioned, staff was directed to conduct research on the processes of vehicle
impoundment and immobilization, and regulations for private booting companies in several other
municipalities. Staff researched the municipal codes and contacted representatives of the towns of
Breckenridge and Vail and the city of Aspen.
Aspen –
The City of Aspen has not enacted any regulations for private booting companies. According to
a representative with the Aspen Police Department, they rarely, if ever, have any issues
regarding booting companies. It was emphasized that a booting issue would be between the
property owner and the owner of the booted vehicle.
Breckenridge –
The Town of Breckenridge has not enacted any regulations for private booting companies. A
sergeant with the Breckenridge Police Department, who oversees parking enforcement, said
she has never encountered an issue related to booting. She explained that there are a couple
of businesses that boot vehicles themselves if vehicles are parked illegally. They leave the boot
on the vehicles until a tow truck company arrives. Those businesses that apply boots
themselves rarely have to do it and their private parking lots are well-signed.
Vail –
The Town of Vail recently adopted an ordinance amending the Vail Town Code related to the
private use of vehicle immobilizers. More specifically, no person in Vail is allowed to place a
boot on any motor vehicle, except under the following circumstances:
1. The person is directed by a law enforcement officer to place a boot on the motor
vehicle;
2. The person is a law enforcement officer authorized to place the boot on the motor
vehicle;
3. The owner, authorized operator, or authorized agent of the owner of the motor
vehicle requested that the boot be placed on the motor vehicle; or
4. The person placing the boot is a property owner who owns the boot and complies with
the following:
a. Affixes a notice to the motor vehicle in a conspicuous and obvious manner
containing the name, address and telephone number of the person who placed the
boot on the motor vehicle, the amount of the boot removal fee and the right to
have the boot removed upon payment of the boot removal fee; and
b. Maintains personnel able to remove the boot and release the vehicle to its owner
or authorized operator upon the payment of a boot removal fee, with such
personnel available twenty-four (24) hours per day, seven (7) days per week.
If a boot is placed on a motor vehicle at the direction of a law enforcement officer, the person
placing the boot shall:
1. Affix a notice to the motor vehicle in a conspicuous and obvious manner containing the
name, address and telephone number of the person who placed the boot on the
motor vehicle, the amount of the boot removal fee, the right to have the boot
removed within ninety (90) minutes of contacting the Police Department, the
signature of the person who placed the boot, and an advisement of the right to
request a post seizure hearing for vehicle impoundment;
2. Maintain personnel authorized to remove the boot and release any motor vehicle to its
owner or driver upon the payment of any boot removal fee; and
3. Provide a receipt upon payment, listing the fees charged and advisement of the right
to request a post-seizure hearing for vehicle impoundment.
OPTIONS:
From the work of the past several months, four options are being considered and are outlined below.
I. OPTION ONE
Repeal the immobilization (booting) regulations established by Ordinance 09-10. Oversight and
due process for parking enforcement companies that boot within the Town of Avon would be
eliminated.
II. OPTION TWO
Outlaw the practice of booting within the Town of Avon.
III. OPTION THREE
Implement the Town of Vail program as summarized above
IV. OPTION FOUR
Retain the regulations as currently in place with certain changes to address booting in
residential and commercial areas of Avon, as provided below. New code changes are noted.
RESIDENTIAL
Maintain current regulations:
As identified in section 5.12.020 of the Avon Municipal Code, no parking enforcement
company desiring to boot vehicles within the Town may engage in booting operations
without first having obtained a license from the Town Clerk.
Parking enforcement companies must supply logs of the boots they have applied to
the Avon Police Department on a monthly basis.
Parking enforcement companies must supply their contracts with property owners to
the Avon Police Department.
Amend regulations to include the following:
Permit payment by credit card in addition to payment by cash.
Clarify grounds for finding a lack of “moral character” that would justify suspending or
revoking a license.
Change the standard to uphold a vehicle immobilization from “probable cause” to
actual violation of parking rules and compliance with all vehicle impoundment rules.
Change the minimum hearing cost from $100 to an amount to be determined by the
municipal court.
Permit the municipal court discretion to reverse or reduce an immobilization fee.
COMMERCIAL
Maintain current regulations:
As identified in section 5.12.020 of the Avon Municipal Code, no parking enforcement
company desiring to boot vehicles within the Town may engage in booting operations
without first having obtained a license from the Town Clerk.
Parking enforcement companies must supply logs of the boots they have applied to
the Avon Police Department on a monthly basis.
Parking enforcement companies must supply their contracts with property owners to
the Avon Police Department.
Require commercial private parking lots that utilize licensed parking enforcement
companies to be adequately signed that illegally parked cars will be immobilized.
Require parking enforcement companies to remove the boot within ninety (90)
minutes upon payment of the boot removal fee.
Amend regulations to include the following:
Permit payment by credit card in addition to payment by cash.
Clarify grounds for finding a lack of “moral character” that would justify suspending or
revoking a license.
Change the standard to uphold a vehicle immobilization from “probable cause” to
actual violation of parking rules and compliance with all vehicle impoundment rules.
Change the minimum hearing cost from $100 to an amount to be determined by the
municipal court.
Permit the municipal court discretion to reverse or reduce an immobilization fee.
Implement a one (1) hour grace period that prevents a parking enforcement company
from immobilizing a vehicle until after the one hour mark. If the one hour mark is
reached and the parking enforcement company, after documenting the violation by
chalking a tire on the vehicle and taking photographs, believes the driver of the vehicle
did not patronize any businesses on the property, the vehicle may be immobilized.
If commercial property owner desires, at the owner’s expense, implement a validation
system in order to give patrons the ability to prove patronization of a business
associated with a particular private parking lot. If commercial property owners elect to
implement such a system, it must identified in the contract with a parking enforcement
company.
NAME OF RESPONDENT: ____________________________________________
NAME OF BUSINESS: _______________________________________________
PREFERRED OPTION #: _____
COMMENTS: _____________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_____________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_____________________________________________________________________________
________________________________________________________________________
AVON POLICE DEPARTMENT
INTEROFFICE MEMO
TO: Chief Greg Daly
FROM: Sergeant Matt Jamison
DATE: February 03, 2017
SUBJECT: Booting Company Survey
Overview
Through the month of January the Avon Police Department conducted an anonymous survey on
individuals who had been booted by either AAA Booting or AT (Affordable Towing) Booting. The
survey was conducted by picking random subjects, whose vehicles had been booted, dating back 6
months ago. Just over 60 phone calls were made, a little over 30 from AAA Booting as well as a little
over 30 from AT Booting. Successful contact was made with a total of 14 subjects who had been
booted, 7 by AAA Booting and 7 by AT Booting.
The subjects were asked the following yes or no questions about the booting company:
Vehicle is clearly marked with business name and license number
Vehicle has a blinking amber light when engaged in booting operations
Operator is wearing a reflective traffic safety vest/ jacket
Operator is displaying a picture identification card containing employee picture, employee
name, employer name, and Avon business license number
How would you rate your overall experience and interaction with the employee of the booting
company (use 1 for extremely bad and 10 for extremely good). The subjects were also able to
provide additional comment if they wanted (see attached survey’s).
The first 4 questions are directly in correlation of the Town Avon’s Booting Ordinance.
AAA Booting Results
Vehicle is clearly marked with business name and license number (Yes = 1 of 7) (No = 3 of 7)
(Unknown = 3 of 7)
Vehicle has a blinking amber light when engaged in booting operations (Yes = 6 of 7) (No = 1
of 7) (Unknown = 0 of 7)
Operator is wearing a reflective traffic safety vest/ jacket (Yes = 6 of 7) (No = 1 of 7)
(Unknown = 0 of 7)
Operator is displaying a picture identification card containing employee picture, employee
name, employer name, and Avon business license number (Yes = 1 of 7) (No = 5 of 7)
(Unknown = 1 of 7)
How would you rate your overall experience and interaction with the employee of the booting
company (Average = 4 out of 10)
AT Booting
Vehicle is clearly marked with business name and license number (Yes = 0 of 7) (No = 4 of 7)
(Unknown = 3 of 7)
Vehicle has a blinking amber light when engaged in booting operations (Yes = 1 of 7) (No = 2
of 7) (Unknown = 4 of 7)
Operator is wearing a reflective traffic safety vest/ jacket (Yes = 1 of 7) (No = 2 of 7)
(Unknown = 4 of 7)
Operator is displaying a picture identification card containing employee picture, employee
name, employer name, and Avon business license number (Yes = 1 of 7) (No = 2 of 7)
(Unknown = 4 of 7)
How would you rate your overall experience and interaction with the employee of the booting
company (Average = 1.5 out of 10)
Feedback/Additional comments on AAA Booting
Subjects that were surveyed were overall down the middle on their overall experience. Comments
were made from multiple residents/customers/employees using The Seasons and The Lodge at
Avon. One subject that was booted was an employee who was working at Bob’s Place and
consumed alcohol after their shift, leaving their vehicle overnight. Two subjects had parking passes
(either expired or not properly displayed) at The Seasons. One subject ran into The Seasons for 17
minutes for business-related purposes and did not know they could not park where they did. One
subject felt at the time there was not proper signage and the booting employees were “preying” on
individuals.
Feedback/Additional comments on AT Booting
Subjects that were surveyed were overall unsatisfied with their overall experience. Comments were
made from multiple residents/guests of Buffalo Ridge Apartments, EagleBend Apartments, and Avon
Crossing. Most subjects were residents at the above places and found boots on their vehicles
because of improper parking permits displayed or not displayed at all. Two subjects were visiting a
friend and parked their vehicle at EagleBend/Buffalo Ridge and stayed overnight. They found boots
on their vehicles the next morning.
During the survey period, Avon Police Officers responded to one documented complaint for each
booting company. Both complaints are included with the individual survey responses.
ATTACHMENT 5
September 27, 2017 Work Session
Staff Research
Aspen –
The City of Aspen has not enacted any regulations for private booting companies. According
to a representative with the Aspen Police Department, they rarely, if ever, have any issues
regarding booting companies. It was emphasized that a booting issue would be between the
property owner and the owner of the booted vehicle.
Breckenridge –
The Town of Breckenridge has not enacted any regulations for private booting companies. A
sergeant with the Breckenridge Police Department, who oversees parking enforcement, said
she has never encountered an issue related to booting. She explained that there are a couple
of businesses that boot vehicles themselves if vehicles are parked illegally. They leave the
boot on the vehicles until a tow truck company arrives. Those businesses that apply boots
themselves rarely have to do it and their private parking lots are well-signed.
Vail –
The Town of Vail recently adopted an ordinance amending the Vail Town Code related to the
private use of vehicle immobilizers. More specifically, no person in Vail is allowed to place a
boot on any motor vehicle, except under the following circumstances:
1. The person is directed by a law enforcement officer to place a boot on the motor
vehicle;
2. The person is a law enforcement officer authorized to place the boot on the motor
vehicle;
3. The owner, authorized operator, or authorized agent of the owner of the motor
vehicle requested that the boot be placed on the motor vehicle; or
4. The person placing the boot is a property owner who owns the boot and complies
with the following:
a. Affixes a notice to the motor vehicle in a conspicuous and obvious manner
containing the name, address and telephone number of the person who placed
the boot on the motor vehicle, the amount of the boot removal fee and the right
to have the boot removed upon payment of the boot removal fee; and
b. Maintains personnel able to remove the boot and release the vehicle to its owner
or authorized operator upon the payment of a boot removal fee, with such
personnel available twenty-four (24) hours per day, seven (7) days per week.
If a boot is placed on a motor vehicle at the direction of a law enforcement officer, the
person placing the boot shall:
1. Affix a notice to the motor vehicle in a conspicuous and obvious manner containing
the name, address and telephone number of the person who placed the boot on the
motor vehicle, the amount of the boot removal fee, the right to have the boot
removed within ninety (90) minutes of contacting the Police Department, the
signature of the person who placed the boot, and an advisement of the right to
request a post seizure hearing for vehicle impoundment;
2. Maintain personnel authorized to remove the boot and release any motor vehicle to
its owner or driver upon the payment of any boot removal fee; and
3. Provide a receipt upon payment, listing the fees charged and advisement of the right
to request a post-seizure hearing for vehicle impoundment.
Page 1 of 3
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
On behalf of Will Bussard, Davis Partnership and Justin Hildreth, Town Engineer
Meeting Date: February 28, 2017
Agenda Topic: REVIEW AND ACTION APPROVING OR AMENDING THE NEW TOWN HALL PROGRAM
ACTION BEFORE COUNCIL
Council is asked to take action to approve [modify or deny] the recommended New Town Hall (NTH)
Program.
COUNCIL MOTION RECOMMENDATION
I move to approve [approve with modifications or deny] the New Town Hall Program.
COLLABORATIVE PROCESS
Davis Partnership is the A & E architect for completing the interior of the three story shell building and the
lead for the collaborative effort, in working with staff, who will be moving into the New Town Hall (NTH).
I. Development of Guiding Objectives for Building Program - Attachment 1
The objectives were drafted first through the leadership of Davis representatives, with the
Design Committee (membership below)
Objectives were reviewed by all staff relocating into the NTH and finalized
The objectives are the key guidelines for all aspects of building design – most prominent is the
decision to pursue a LEED certification and be a leader in green building development
An intranet staff comment site was established to hear staff comments through the design
process
All staff were offered the opportunity to travel to Denver to visit other offices with work
station/enclave/more open floor plans – many took advantage of the trips
II. Program Design Iterations & Final Recommendation - Attachment 2
Program Design #1 – Was reviewed department by department, with all staff. While some
employees fully embraced an open environment plan, others voiced strong opposition citing
work space sizes, need for some privacy offices, more huddle rooms, and noise concerns
Interim Program Designs were produced incorporating changes from department meetings
A New Yorker article titled, The Open-Office Trap, by Maria Konnikova, was distributed among
the staff
Program Design work was slowed to allow time for Department Directors to work one-on-one
with respective staff and make recommendations for changes to the design
Program Design # 2 – Was reviewed again department by department, with all staff. Key
changes from the initial design included:
Enclosed department enclaves for Finance, IT and HR to ensure a quiet work environment
and offices for privacy, where needed
Page 2 of 3
Work stations sized at 8’ x 8’; with dividers and seating for at least one other person
Larger IT work and storage space
Additional productive and beneficial comments were received and incorporated into the
program.
Recommended Final Program Design – Reviewed by Department Directors, who were
responsible to ensure respective employees were supportive of the plan. Once all Directors
approved the program, the Design Committee reviewed it on February 21st and recommended
the program for Town Council action
Attachment 3 Allowed Private Activity Use – New Town Hall provides information regarding
the ability of the Town to make space available for Economic Development uses, including but
not limited to privately leased work-share office space, nonprofit spaces or other
governmental uses
III. ESTIMATED BUDGET AT SCHEMATIC PROGRAM DESIGN STAGE
The 2017 approved budget is $2.9 million.
Pricing was completed for the building on February 23, 2017. A high contingency is included
due to the pricing being prepared at this schematic phase. Pricing will be updated at the Design
Development and Construction Document stages, with Council approving the Construction
Document pricing prior to release of bid documents.
Heat Recovery Status: The Town has retained CDM Smith to complete an analysis of expanding
the heat recovery system to other buildings including the New Town Hall. The study will
included examining the existing system capacity, developing costs to extend the system to
other potential users, including the New Town Hall and Lot B hotel, and project operating costs
to charge potential users who connect to the system. The study is expected to take two-
months to complete. The New Town Hall is being designed to be heated with the heat
recovery system.
Sustainability/LEED Designation Commissioning – At this stage of program development, Davis
Partnership has requested a proposal from Group 14 to scope and provide a cost for services to
do the requisite work for LEED Certification. Fundamental commissioning is a requirement
A & E Fees for Services (2017 Balance)$60,000
$2,010,432
$285,200
Utility Connections $190,000
$90,000
$2,635,632
$263,563
TOTAL $2,899,195
Contingency 10%
NEW TOWN HALL BUDGET
SCHEMATIC DESIGN PRICING
Sub-Total
Interior & Exterior Finishes
(10% Contingency)
Heat Recovery Connection
Furnishings
Page 3 of 3
under the 2015 IECC, which the Town has adopted. A goal to reach a Silver Designation (higher
than Bronze but lower than Gold) does require enhanced commissioning. The $57,000 estimate
for the work will require new funding. (The price may be reduced once staff has time to more
fully review requirements of the IECC against the enhanced commissioning work.) These
services, unaccounted for at the time of preparing the building budget, will be presented at the
March 14th Council meeting.
Attachment 4 - Fiber Connections and Server Room Location – Estimated Costs and Savings
provides a detailed review of the Town’s facilities and communication connection options. No
action is requested at this Tuesday’s meeting, but with options presenting unforeseen
expenditures, it is important to bring the review into the budget discussion.
IV. SCHEDULE
If Council approves the recommended Program Design, the schedule for completion of the building
is as follows:
March – April Design Development, Pricing & Council Action to Proceed
May – July Construction Documents, Pricing, Council Action to Proceed & Bidding
August – Nov Construction
December Move-in Month
PRESENTATION ORDER
Guiding Objectives for Building Program (Will Bussard)
Floor Programs (Will Bussard/ Virginia Egger)
Pricing & Budget (Will Bussard/Justin Hildreth)
Schedule (Will Bussard)
DESIGN COMMITTEE MEMBERS
Mayor Jennie Fancher
Councilor Megan Burch
Skip Dorn, Avon Center
Matt Trasen, Seasons Building
Keith Hampton, Lot B Hotel
Justin Hildreth, Town Engineer
Matt Pielsticker, Planning Director
Preston Neill, Executive Assistant to the Town
Manager
Lance Richards, Human Resources Director
Liz Woods, Communications Director
Robert McKenner, IT Specialist
Scott Wright, Assistant Town Manager
Virginia Egger, Town Manager
ATTACHMENTS
Attachment 1 Guiding Objectives for Building Program
Attachment 2 Floor Programs – 1st, 2nd, 3rd
Attachment 3 Allowed Private Activity Use
Attachment 4 Fiber Connections and Server Room Location – Estimated Cost and Annual Savings
ATTACHMENT 1
GUIDING OBJECTIVES FOR BUILDING PROGRAM •PURSUE LEED
•GREEN BUILDING PRECEDENT FOR THE COMMUNITY – BE A LEADER! - CERTIFICATION LEVEL TBD
•KEY COMPONENTS: USE OF FEWER RESOURCES, USE LESS ENERGY & IMPLEMENT RENEWABLE SOURCES, USE
LESS WATER, INCREASE INDOOR ENVIRONMENTAL QUALITY, RECYCLING
•SUPPORT AVON LIFESTYLE, DEMOGRAPHICS & AVON BRANDING
•FOR EMPLOYEES: HONOR SPECIFIC WORK POSITIONS & TASKS; ENSURE A VARIETY OF WORK SPACES FOR COLLABORATION & QUIET WORK
•TOWN OF AVON CORE VALUES - CULTURE
•AVON DEMOGRAPHICS, INCLUDING AWARENESS OF HISPANIC POPULATION
•DESIGN FOR HEALTH AND WELLNESS – AIR, WATER, SUNLIGHT, BIOPHILIA, MOBILITY
•PROMOTE COMMUNITY & SUSTAINABILITY
•INVITING & OPEN TO THE PUBLIC – MULTI-TENANT, MIXED-USE FACILITY THAT MODELS SUSTAINABILITY & COMMUNITY PARTNERSHIP
•SUPPORTS THE SPECIAL EVENTS PROGRAM AS A KEY VENUE
•SUPPORT AND STRENGTHEN THE MAIN STREET MALL
•DESIRE TO BE A WORKPLACE OF THE FUTURE
•FORWARD THINKING, FOCUS ON COLLABORATION, INTERACTION, EFFICIENCY, SUSTAINABILITY
& CRITICALLY EXPLORE HOW WE WILL WORK AND USE SPACE
•FACTOR IN CHANGING TECHNOLOGY IN THE WORK PLACE: PAPERLESS, SMALLER ELECTRONICS
•SECURITY OF RECORDS, MONEY, PUBLIC AND EMPLOYEES
•SUPPORT ALTERNATIVE MODES OF TRANSPORTATION
•PLUG-IN CHARGING STALLS FOR ELECTIC VEHICLES, PRIORITY PARKING FOR HEV VEHICLES
•BIKE RACKS, PLAN FOR CAR POOLING, POTENTIAL FOR VAN SHARE, BIKE SHARE ETC.
WORKPLACE DESIGN
AU
T
H
E
N
T
I
C
I
T
Y
+
B
R
A
N
D
I
N
G
–Brand & Culture permeate the space.
–Transparency is key so people can see and be seen.
–Communicate town values and the desired culture
WORKPLACE DESIGN
PE
R
S
O
N
A
L
I
Z
A
T
I
O
N
+
EN
V
I
R
O
N
M
E
N
T
A
L
C
O
N
T
R
O
L
–Flexible workspace that allow for personalization. Identification of redundancies – shared
or team-based storage/ tools/supplies.
–Personal control over noise + sensory stimulation.
–Ergonomic + Flexible furniture.
–Variety of space types for different work modes/ postures.
–Empowered workers move frequently throughout the day to their choice of workspace,
using the tools they select and meeting with the team they need, at the time and place
they prefer.
WORKPLACE DESIGN
WE
L
L
N
E
S
S
+
A
C
T
I
V
E
D
E
S
I
G
N
–New Amenities
–Daylight + Views
–Interior finishes and furniture should be responsibly sourced, promote health.
–Access to healthy food
–Fitness options and showers/lockers.
–Central stairs, interior walking paths, and opportunities to utilize a variety of
spaces and move throughout the office
–Open pathways allow occupants to discover the space, gather, find refuge,
COLLIDE!
–Sustainable – LEED Certification
–Wellness – Well Building Design
WORKPLACE DESIGN
CO
M
M
U
N
I
T
Y
E
N
G
A
G
E
M
E
N
T
–Provide community space for pedestrians on the Mall & Inviting to passersby.
–Town Hall area to be flexible – Council, PZC, Court, special events, community
area
–Feeling of security and safety.
–Provide possible rentable space for nonprofits and/or business start ups.
–Encourage community interaction.
–Provide comfortable place for people to work and learn.
–Information available for community events and happenings.
–Understanding how the organization is fulfilling its purpose and objectives.
–Improve communication.
WORKPLACE DESIGN
CO
L
L
A
B
O
R
A
T
I
O
N
–Changing technology & paperless work environments tend to reduce individual space
needs per person
–More conference, huddle and quiet rooms – VARIETY and ADAPTABILITY
–Design should encourage interaction between employees.
–Provide most efficient employee adjacencies.
–Encourage employees who don’t currently interact to do so.
–Provide display areas that show current projects, events, etc.
–Most pushback is not about the open office, but rather eliminating the space to display
personal items.
1ST FLOOR
•OPEN COUNCIL/PZC/COURT CHAMBER W/ AREA FOR
“OUTSIDE”CONVERSATIONS
•JUDGE ON PORTABLE DAIS
•COUNCIL/PZC ON PORTABLE DIAS OR FLOOR LEVEL –
FURNITURE MULTI-USE
•HUDDLE ROOM ADJACENT TO “KITCHEN” FOR
COUNCIL/PZC MEALS – EXECUTIVE SESSION ON 2ND FLOOR
•MIXED USE/FLEXIBLE SPACE FOR COMMUNITY SPECIAL
EVENTS, GALLERY, VISITOR CENTER, ETC. USES WHEN NO
MEETINGS
•FULL TIME RECEPTION/COURT STAFF WITH COURT
•SPECIAL EVENT STAFF TO OVERSEE EVENT ACTIVITY & TO
WORK WITH VOLUNTEERS
•PUBLIC RESTROOMS
•RETRICTED ACCESS TO 2ND AND 3RD FLOORS
•TECHNOLOGY MUST BE WELL THOUGHT OUT - VERSATILE
DEPARTMENTS
•TOWN/COURT CLERK: SHARED ENCLOSED ENCLAVE WITH
WORK STATIONS
•FESTIVALS/SPECIAL EVENTS: SHARED ENCLOSED ENCLAVE
WITH WORK STATIONS
•IT OFFICES & WORK AREAS [SERVER MOVED TO PSF]
•EMPLOYEE BIKE & GEAR STORAGE
•LARGEST MEETING ROOM – USED FOR EXECUTIVE SESSION
•ADDITIONAL HUDDLE ROOMS & WORK SPACES
•KITCHEN & STAFF LOUNGE
•HUMAN RESOURCES PRIVACY HUDDLE ROOM
•EXPANSION SPACE FOR COMMUNITY DEVELOPMENT
& ENGINEERING (OR OTHER DEPARTMENTS)
•WINDOW AREAS RESERVED FOR MOST USE BY MANY
•PROVIDES INTERIM SPACE FOR ECONOMIC DEVELOPMENT:
NONPROFIT AND/OR PRIVATE WORK SHARE SPACE
DEPARTMENTS
•IT: ENCLOSED ENCLAVE WITH WORK STATIONS & WORK AREA
•HR: PRIVACY HUDDLE ROOM (MAYBE USED BY OTHERS)
SECOND FLOOR
•CREATE A COLLABORATIVE SPACE & RECOGNIZE CHANGING NEEDS AS A RESULT OF
TECHNOLOGY AND PAPERLESS WORK
•PROVIDE MIX OF ENCLAVES/PODS, HUDDLE AND CONFERENCE ROOMS PLUS OPEN
MEETING AREAS
•ALL WORK STATIONS HAVE DIVIDERS
•MEET NEED FOR NOISE REDUCTION & PRIVACY
•RETAIN WINDOWS FOR MAXIMUM USE BY ALL
& TO KEEP LIGHT THROUGH THE SPACE
•RESTRICT ACCESS TO THIS FLOOR
DEPARTMENTS
•FINANCE: ENCLOSED ENCLAVE WITH WORK STATIONS. TWO CLOSED OFFICES
•HUMAN RESOURCES: ENCLOSED ENCLAVE WITH WORK STATIONS, ONE CLOSED OFFICE
•ENGINEERING & COMMUNITY DEVELOPMENT: OPEN ENCLAVE WITH WORK STATIONS
•ADMINISTRATION: TOWN MANAGER CLOSED OFFICE & WORK STATIONS. CLOSED OFFICE
RESERVED FOR TOWN ATTORNEY
THIRD FLOOR
ATTACHMENT 2 - 1ST FLOOR PROGRAM
•OPEN COUNCIL/PZC/COURT CHAMBER W/ AREA FOR
“OUTSIDE”CONVERSATIONS
•JUDGE ON PORTABLE DAIS
•COUNCIL/PZC ON PORTABLE DIAS OR FLOOR LEVEL
•FURNITURE MULTI-USE
•HUDDLE ROOM ADJACENT TO “KITCHEN” FOR
COUNCIL/PZC MEALS – EXECUTIVE SESSION OR 2ND FLOOR
•MIXED USE/FLEXIBLE SPACE FOR COMMUNITY SPECIAL
EVENTS, GALLERY, VISITOR CENTER, ETC. USES WHEN NO
MEETINGS
•FULL TIME RECEPTION/COURT STAFF WITH COURT
•SPECIAL EVENT STAFF TO OVERSEE EVENT ACTIVITY & TO
WORK WITH VOLUNTEERS
•PUBLIC RESTROOMS
•RETRICTED ACCESS TO 2ND AND 3RD FLOORS
•TECHNOLOGY MUST BE WELL THOUGHT OUT - VERSATILE
DEPARTMENTS
•TOWN/COURT CLERK: SHARED ENCLOSED ENCLAVE WITH WORK
STATIONS
•FESTIVALS/SPECIAL EVENTS: SHARED ENCLOSED ENCLAVE WITH WORK
STATIONS
•IT OFFICES & WORK AREAS [SERVER MOVED TO PSF]
•EMPLOYEE BIKE & GEAR STORAGE
•LARGEST MEETING ROOM – USED FOR EXECUTIVE SESSION
•ADDITIONAL HUDDLE ROOMS & WORK SPACES
•KITCHEN & STAFF LOUNGE
•ECONOMIC DEVELOPMENT: PROVIDES INTERIM SPACE FOR
NONPROFIT AND/OR PRIVATE WORK SHARE SPACE
•EXPANSION SPACE FOR COMMUNITY DEVELOPMENT
& ENGINEERING (OR OTHER DEPARTMENTS)
•WINDOW AREAS RESERVED FOR MOST USE BY MANY
DEPARTMENTS
•IT: ENCLOSED ENCLAVE WITH WORK STATIONS & WORK AREA
•HR: PRIVACY HUDDLE ROOM (MAYBE USED BY OTHERS)
ATTACHMENT 2 – 2ND FLOOR PROGRAM
•CREATE A COLLABORATIVE SPACE & RECOGNIZE CHANGING NEEDS AS A RESULT OF
TECHNOLOGY AND PAPERLESS WORK
•PROVIDE MIX OF ENCLAVES/PODS, HUDDLE AND CONFERENCE ROOMS PLUS OPEN
MEETING AREAS
•ALL WORK STATIONS HAVE DIVIDERS
•MEET NEED FOR NOISE REDUCTION & PRIVACY
•RETAIN WINDOWS FOR MAXIMUM USE BY ALL
& TO KEEP LIGHT THROUGH THE SPACE
•RESTRICT ACCESS TO THIS FLOOR
DEPARTMENTS
•FINANCE: ENCLOSED ENCLAVE WITH WORK STATIONS. TWO CLOSED OFFICES
•HUMAN RESOURCES: ENCLOSED ENCLAVE WITH WORK STATIONS, ONE CLOSED OFFICE
•ENGINEERING & COMMUNITY DEVELOPMENT: OPEN ENCLAVE WITH WORK STATIONS
•ADMINISTRATION: TOWN MANAGER CLOSED OFFICE & WORK STATIONS.
•TOWN ATTORNEY: CLOSED OFFICE RESERVED
ATTACHMENT 2 -THIRD FLOOR PROGRAM
ATTACHMENT 2 - 1ST FLOOR
ATTACHMENT 2 - 2ND FLOOR
ATTACHMENT 2 - 3RD FLOOR
Page 1
ATTACHMENT 3
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Asst. Town Manager
Meeting Date: February 28, 2017
Re: Allowed Private Activity Use – New Town Hall
Action Before Council
None. This is an information only memo. Although Town Council will be considering the use of
approximately 1,150 square feet of future expansion space for interim use for Economic
Development activity.
Proposed Motion
None.
Summary
Proposed expansion space on the 2nd floor in New Town Hall may be considered for rental to
other parties. This memo summarizes the IRS rules and restrictions regarding private activity
use of public property financed by tax exempt bonds.
Under federal tax law, if:
1. More than ten percent of the proceeds of a tax-exempt bond issue are used to finance a
facility that is used by private parties in their private business, AND
2. more than ten percent of the debt service on the bonds is derived from, or secured by,
private payments, the bonds become private activity bonds that could be taxable.
3. Nonprofits, for-profits, individuals, the Federal government, and governments other than
the State of Colorado and Colorado local governments all are considered private use.
As an example, if the Town leases 30% of the space in the building to private users, that is not a
tax problem if the payments received from the private users is less than 10% of the debt service
on the bonds. Alternatively, if the Town leases 9% of the space to private users and those users
make rental payments which equal 11% of the debt service on the bonds, that is also not a tax
problem, The tax problem occurs it the Town leases more than 10% of the space to private
users and those users make rental payments which equal more than 10% of the debt service on
the bonds.
Page 2
In the case of New Town Hall, the Town Engineer has estimated that the total square footage in
the building available for private use is 1,150 sq. ft. The total of the building is 13,900 sq. ft.
Therefore, even if the entire square footage was leased for private use, the percentage is less
than 10% (8.27%) and the use does not present a tax problem.
In addition, since the percentage of the amount of square footage that could be leased is less
than 10%, the Town can be free to negotiate whatever per sq. ft. rental rate it feels is
appropriate, rather than having to avoid the 10% rule regarding the revenues derived from
private use.
I will be prepared to answer any questions that may arise at the Town Council worksession
regarding this topic.
Scott
Page 1
ATTACHMENT 4
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Asst. Town Manager
Meeting Date: February 28, 2017
Re: Fiber Connections and Server Room Location – Estimated Costs and Savings - New
Town Hall
Action Before Council
None at today’s meeting. This is an information only memo to share with you the recommendation of
locating the Server Room at the Public Safety Facility and fiber connections for the purposes described
below. The funding recommendation discussed will be included in proposed Capital Projects Fund
Amendment before you on March 14, 2017.
Proposed Motion
None.
Summary
The Town’s current network topology consists of a hybrid of fiber between the Town’s existing
facilities around Nottingham Lake/Park; and a dedicated Point-to-Point (P to P) Private Line Service
between Swift Gulch/Fleet and One Lake Street. The P-to-P runs at a speed of 50 Mbps (Megabits
per second) with a three-year contract of $1,426.80/per mo. and runs through March, 2019. In
addition, the Town has a 50 Mbps DSL internet connection and a backup internet connection that
also serves as the Town’s public Wi-Fi for Council meetings and Town Hall guests. (See Exhibit 1)
Because of the remote locations of the two new facilities being constructed: the Public Safety
Building (PSF) and New Town Hall (NTH); the Town must connect these facilities to the existing
network via either new fiber runs or additional P to Ps. In addition, because of the network
topology, NTH must be connected to the Recreation Center via a fiber connection underneath
Mikaela Way. This connection may range from a cost of $4,650 to $18,565 depending on whether or
not the heat recovery system is extended to NTH and conduit is laid during that boring process.
Below are the options, costs and advantages of fiber vs. P to P connections to these new facilities.
Public Safety Facility (PSF)
Quoted cost of fiber from ARTF to PSF - $114,954.
An appropriation of $87,341 is currently in the 2017 CIP budget.
Cost of 50 Mbps P to P connection - $1,426.80 per mo.
Fiber connection ROI is 6.7 years.
Page 2
New Town Hall (NTH)
Quoted cost of fiber from PSF to NTH - $110,026.
Fiber connection ROI is 6.4 years
A fiber connection allows the Town’s data center to be located at the PSF where there is
already adequate space, additional security and power backup. The server room at NTH can
be re-dedicated to other purposes.
Advantages of Fiber vs. P to P Connections
Fiber estimated useful life – 20-25 years; conduit estimated useful life 25-50 years.
One fiber pair connection delivers throughput of 1 Gbps (Gigabit per second) or 20 times
the speed of a P to P connection. Multiple pairs can be connected for additional capacity.
Fiber connections could be leased-out to other entities.
Town controls terms of service issues, repair responses, etc.
Recommendation
It is staff’s recommendation that the current appropriation for the fiber for the PSF be
increased from $87,341 to $114, 954, an increase of $27,613. In addition, it is recommended
that an appropriation of $110,026 be made in the CIP budget for a fiber run to the NTH from
the PSF for 2017. Upon connection of these new fiber runs, the current contract with
Mammoth Communications for the P to P will be terminated. (See Exhibit 2 – Staff
Recommended Topology).
It should be noted if staff’s recommendation is not approved for the NTF, the Town has a rider
on the contract that allows the demarcation of the current P to P to be relocated to NTH.
However, it will not be possible to then re-locate the data server to the PSF.
I will be prepared to answer any questions that may arise at the Town Council worksession
regarding this topic.
ATTACHMENTS
Exhibit 1 – Current Network Topology
Exhibit 2 – Staff Recommended Topology
1 Lake Street
Swift Gulch
Fleet
Rec-Center
Pavilion
(Pump House)
Cabin
Parks Garage
Fiber
Fiber
CAT 5
Mammoth
MPLS
P to P
Mammoth
Internet
Access
50 Mbps
50 Mbps
TOA Current Network Connectivity Topology
50 Mbps
Fiber
Swift Gulch
ARTFFiber
New Muni
Swift Gulch
Fleet
Rec-Center
Pavilion
(Pump House)
Cabin
Parks GarageCAT 5
Mammoth
MPLS
P to P
Mammoth
Internet
Access
50 Mbps
50 Mbps
TOA Future Network Connectivity Topology
Safety Building
50 Mbps
New Fiber
Swift Gulch
ARTF
Fiber
New Fiber
New Fiber
New Fiber
New Fiber
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: February 28, 2017 Meeting
Agenda Topic: First Reading of Ordinance 17-05
Approving Title 7: Development Code Text Amendments
ACTION BEFORE COUNCIL
Vote on first reading of Ordinance 17-05, Approving Title 7: Development Code Text Amendments.
PROPOSED MOTION
“I move to approve first reading of Ordinance 17-05, thereby approving Title 7: Development Code
Amendments, and setting forth a Public Hearing for March 14, 2017.”
SUMMARY
The majority of these code amendments are clean-up changes to Title 7: Development Code; some of
the amendments are related to a recent house bill that changes noticing requirements for disconnection
procedures. All of the amendments are included in the attached (Exhibit A). The Planning and Zoning
Commission held a public hearing on February 7, 2017, and provided a favorable recommendation.
HOUSE BILL 16-1272
The Colorado Legislature enacted House Bill 16-1272 which creates new notice requirements for any
petition for disconnection of land from the Town of Avon. The Town Attorney has reviewed HB 16-1272
and prepared revisions to implement the new notice requirements in Section 7.36.100, Avon
Development Code. Disconnection of property from a municipality is the reverse action of annexation
and is extremely rare. The additional notice requirements imposed by HB 16-1272 requires that a copy
of the disconnection petition and application must be sent to the County Commissioners and Board of
Directors of any affected special district at least 30 days prior to any public hearing.
REVIEW CRITERIA
Section 7.16.040(c), Code Text Amendment Review Criteria. The Town Council shall use the following
review criteria as the basis for a decision on code text amendments:
(1) The text amendment promotes the health, safety, and general welfare of the Avon Community;
(2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive
Plan;
(3) The text amendment promotes or implements the purposes stated in this Development Code; or
(4) The text amendment is necessary or desirable to respond to changed conditions, new planning
concepts, or other social or economic conditions.
ATTACHMENT
Exhibit A: Ordinance 17-05
Ordinance 17-05 Title 7: Development Code Amendments 1
Ord. 17-05 – Amending Development Code
FIRST READING – February 28, 2017
Page 1 of 5
TOWN OF AVON
ORDINANCE 17-05
APPROVING TITLE 7: DEVELOPMENT CODE TEXT
AMENDMENTS, AVON MUNICIPAL CODE
WHEREAS, the Avon Town Council initiated an application (“Application”) to amend the
text of the Avon Development Code (“ADC”) in accordance with Section 7.16.040 of the ADC;
WHEREAS, the Avon Planning & Zoning Commission held a public hearing on February 7,
2017, after publishing and posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation;
WHEREAS, after conducting the noticed Public Hearing, PZC made the required findings to
recommend approval of the application to the Town Council;
WHEREAS, the Town Council of the Town of Avon held public hearings on February 28,
2017, and March 14, 2017 after posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff prior to taking any action on the
Application;
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Code Text Amendment and found the Application
in compliance with the review criteria, and specifically finds that the text amendment is
necessary or desirable to respond to changed conditions, new planning concepts or other social
or economic conditions and promotes the health, safety and general welfare of the Avon
community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Exhibit A
Ord. 17-05 – Amending Development Code
FIRST READING – February 28, 2017
Page 2 of 5
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment Chapter 7.08 Definitions. The definition of Accommodation or
accommodation unit is amended to read as follows, with strike-out indicating language to be
deleted and underline indicating language to be adopted:
“Accommodation or accommodation unit means any room or group of rooms used
primarily for transient lodging and accessible from common corridors, walks or balconies
without passing through another accommodation unit and shall be no larger than six
hundred (600) square feet. For the purposes of calculating allowable units per acre or
density, each accommodation unit shall be counted as one-third (?) of a dwelling unit,
except as set forth in the definition of dwelling unit herein.”
Section 3. Amendment to Chapter 7.08 Definitions. The definition of Comprehensive
Plan is amended to read as follows, with strike-out indicating language to be deleted and
underline indicating language to be adopted:
“Comprehensive Plan means the Avon Comprehensive Plan; the West Town Center
District Investment Plan; the East Town Center District Plan; the Master Plan for
Harry A. Nottingham Park; the Town of Avon 2016 Recreational Trails Master Plan;
and the Town of Avon Comprehensive Transportation Plan, any other document
adopted as a supplement or sub-area plan of the Avon Comprehensive Plan, as all
such documents may be amended from time to time, provided that such amendments
or supplemental documents are adopted by ordinance.”
Section 4. Amendment to Table 7.16-1. Table 7.16-1 is hereby amended for Minor
Subdivision process and corrected for Final Planned Unit Development as follows, with strike-
out indicating language to be deleted and underline indicating language to be adopted:
Procedure Director PZC TC
Planned Unit Development
(§7.16.060)
Administrative PUD D
A
Minor PUD Amendment R H-R H-D
Lot Split PUD Amendment for Wildridge PUD R H-R H-D
Major PUD Amendment R H-R H-D
Preliminary PUD R H-R H-D
Exhibit A
Ord. 17-05 – Amending Development Code
FIRST READING – February 28, 2017
Page 3 of 5
Final PUD R Final PUD H-R R H-D H-R H-D
Subdivision (§7.16.070)
Administrative Subdivision D
A
Minor Subdivision R D
H-D
A
Preliminary Plan R H-R H-D
Section 5. Amendment to Section 7.20.090 – Overlay Districts. Section 7.20.090 –
Overlay Districts, Section (a) Short Term Rental Overlay – STRO, (1) Intention, is amended to
read as follows, with strike-out indicating language to be deleted and underline indicating
language to be adopted:
“(1) Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow
short term rentals of properties, including but not limited to accommodation, apartments,
bed and breakfast, condominium, hotel, lodge, motel and residential properties for
periods of less than thirty-one (3130) days or less subject to the provisions of this
Chapter. The STRO zone district shall be an overlay zone district which shall apply to
allow short term rentals of properties. Properties in the STRO zone district shall
otherwise be subject to all requirements of the underlying zone district.”
Section 6. Amendment to Section 7.24.070 – Accessory uses and structures. Section
7.24.070 – Accessory uses and structures is hereby amended to enact a new sub-section (e)(4)
to read as follows:
Section 7.24.070(e) “(4) Home Occupations and Home Offices. Home occupations and
home offices that comply with the definition and regulations set forth in the Avon
Development Code are permitted accessory uses to residential use in residential zone
districts.”
Section 7. Amendment to Section 7.32.100 – Public improvements, public improvement
agreements, construction and guarantee of improvements. Section 7.32.100 – Public
improvements, public improvement agreements, construction and guarantee of
improvements, sub-section (e) Methods (1) Deposit in Escrow, is amended to read as follows,
with strike-out indicating language to be deleted and underline indicating language to be
adopted:
“Deposit in Escrow. The developer applicant may propose to deposit a cash sum equal
to the estimated cost of all required public improvements plus overrun allowances as
provided in Table 7.32-2 above, either with the Town or in escrow with a responsible
Exhibit A
Ord. 17-05 – Amending Development Code
FIRST READING – February 28, 2017
Page 4 of 5
financial institution authorized to do such business in the state. In the case of an escrow
account, the developer applicant shall file with the Town an escrow agreement that
includes the following terms:
Section 8. Amendment to Section 7.32.100 – Public improvements, public improvement
agreements, construction and guarantee of improvements. Section 7.32.100 – Public
improvements, public improvement agreements, construction and guarantee of
improvements, sub-section (e) Methods, is hereby amended to enact a new sub-section (3)(4) to
read as follows:
Section 7.32.100(e) “(4) No Financial Guarantee. The applicant may propose to provide
no financial guarantee provided that applicant (i) signs a public improvements agreement
in a form acceptable to the Town Attorney, (ii) agrees that building permits and other
development approvals may be withheld by the Town until completion and acceptance of
the public improvements, (iii) agrees to disclose the public improvements agreement in
any purchase and sale contract for the property or any portion thereof, (iv) agrees that the
public improvements agreement shall be required, and (v) agrees to provide a guarantee
in form acceptable to the Town to secure the site in the event of delay or abandonment in
the construction and installation of public improvements.”
Section 9. Amendment to Section 7.36.100 – Method of petition for disconnection.
Section 7.36.100 – Method of petition for disconnection is amended to read as follows, with
strike-out indicating language to be deleted and underline indicating language to be adopted:
“Proceedings for disconnection may be initiated only by petition of the Town Council.
Disconnection is a legislative act and the Town Council shall exercise its sole discretion
in the disconnection of land. The owner shall provide notice and copy of the
disconnection petition and application to the Board of County Commissioners of
Eagle County and to the Board of Directors of any affected special district at least
thirty (30) days prior to any public hearing.”
Section 10. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 11. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
Exhibit A
Ord. 17-05 – Amending Development Code
FIRST READING – February 28, 2017
Page 5 of 5
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 12. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 13. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 14. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on February 28, 2017 and setting such public hearing for March 14, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on March 14, 2017.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Exhibit A
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017
AVON TOWN HALL, ONE LAKE STREET
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:23 p.m. A roll call was taken and Council members
present were Scott Prince, Jake Wolf, Amy Phillips, Sarah Smith Hymes, and Megan Burch. Council
member Matt Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric
Heil, Police Chief Greg Daly, Sergeant Matt Jamison, Judge Buck Allen, Planning Director Matt Pielsticker,
Fleet Director Rego Omerigic, Town Engineer Justin Hildreth, Director of Festivals & Special Events
Danita Dempsey, Executive Assistant to the Town Manager Preston Neill and Deputy Town Clerk Brenda
Torres.
2. APPROVAL OF AGENDA
Start time: 00:08:32
Town Attorney Eric Heil requested the addition of an Executive Session item as follows:
Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice
under C.R.S. §24-6-402(2)(B) and to discuss potential acquisition to Real Property interest under C.R.S.
§24-6-402(2)(E) concerning a potential affordable housing project.
Mayor Fancher moved to approve the agenda with the amendment. Mayor Pro Tem Smith Hymes
seconded the motion and it passed on a vote of 5 to 1. Councilor Wolf voted no. Councilor Gennett was
absent.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Start time: 00:09:51
Katy Ryan, an Avon resident, commented on Item 5.5 listed below. Mayor Fancher asked Ms. Ryan to
provide her remaining comments during the item and she agreed.
4. WORK SESSION
Start time: 00:17:04
4.1 REVIEW OF SCOPE OF I-70 UNDERPASS SAFETY PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
Pedro Campos, Landscape Architect and Land Planner with Zehren and Associates, presented a
preliminary study that summarized current conditions and suggested potential solutions that could
improve existing conditions.
Councilor Prince asked a question about the existing concrete slab and how it relates to ice build-up.
Mayor Fancher asked if a new solar-operated technology has been developed to melt snow. Mayor
Fancher expressed how she likes the landscaping, lighting, and how this project will make it pedestrian
friendly. Councilor Burch closed this review commenting, “I’m really happy with the direction this is
going. This will be a better, more attractive use of the space.”
Council directed Town staff and Zehren and Associates to move forward with the project.
Page 1
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017
AVON TOWN HALL, ONE LAKE STREET
5. ACTION ITEMS
Start time: 00:40:38
5.1 CONSENT AGENDA
5.1.1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE
TOWN OF AVON REGARDING THE AVON STATION ECO TRANSIT SHELTER
(TOWN ENGINEER JUSTIN HILDRETH)
Councilor Phillips moved to approve the Consent Agenda with only the Intergovernmental
Agreement between the County of Eagle, State of Colorado and the Town of Avon. Mayor Pro
Tem Smith Hymes seconded the motion and it passed unanimously by those present. Councilor
Gennett was absent.
5.1.2 APPROVAL OF THE JANUARY 24, 2017 MEETING MINUTES (TOWN CLERK DEBBIE HOPPE)
Mayor Fancher corrected a minor misspelling in the minutes. Councilor Phillips moved to
approve the minutes from January 24, 2017. Councilor Burch seconded the motion and it passed
unanimously by those present. Mayor Pro Tem Smith Hymes abstained from the vote. Councilor
Gennett was absent.
5.2 PUBLIC HEARING SECOND READING OF ORDINANCE 17-01, ACCEPTING A DONATION OF THE EAGLEBEND
PROPERTY, AUTHORIZING THE CONVEYANCE OF SUCH REAL PROPERTY, AND APPROVING A PROJECT
AGREEMENT (TOWN ATTORNEY ERIC HEIL)
Start time: 00:42:27
Tamra Underwood spoke on behalf of the Eaglebend Affordable Housing Corporation (EBAHC). She
explained the refinancing desired by EBAHC. EBAHC desires to refinance existing debt on the
Eaglebend Affordable Housing Property with an approximately current outstanding balance of
$11,965,000 in order to accelerate capital improvements to the Property, to take advantage of low
interest rates, and to provide for more favorable amortization of the debt. EBAHC proposes
refinancing by and through the Colorado Housing and Finance Authority (CHFA), which would
require conveyance of the Property to the Town of Avon by donation, then conveyance to CHFA as
gift. CHFA would then do a final conveyance back to EBAHC.
Michael Cacioppo and Patricia Coffin made comments about the issuance of new debt.
Mayor Pro Tem Smith Hymes moved to approve the second and final reading of Ordinance No. 17-01
with the following conditions:
1. New debt shall not exceed $29 million
2. New debt shall not incur an interest rate exceeding 4.5%
3. EBAHC shall seek to have a term where the pre-payment penalty is reasonable
4. Town Manager and Town Attorney shall be added to the review
Councilor Phillips seconded the motion and it passed on a vote of 5 to 1. Councilor Wolf voted no.
Councilor Gennett was absent.
Page 2
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017
AVON TOWN HALL, ONE LAKE STREET
5.3 PUBLIC HEARING SECOND READING OF ORDINANCE 17-02, TO REZONE LOT 4, MOUNTAIN VISTA RESORT
SUBDIVISION FROM PUD TO PUBLIC FACILITIES (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 00:111:18
Mayor Pro Tem Smith Hymes moved to approve Ordinance 2017-02 (Exhibit A), thereby approving
second and final reading of an Ordinance rezoning Lots 4, Mountain Vista Resort Subdivision, from
PUD to PF. Councilor Phillips seconded the motion and it passed unanimously by those present.
Councilor Gennett was absent.
5.4 PUBLIC HEARING AEG LIVE ROCKY MOUNTAINS PERMIT APPLICATION FOR AMPLIFIED SOUND SYSTEM FOR LYLE
LOVETT AND HIS LARGE BAND ON JULY 23, 2017 (DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA
DEMPSEY)
Start time: 00:113:01
AEG Live Rocky Mountains made an offer to Lyle Lovett and His Large Band, and if it is
accepted, the ticketed event will be produced by AEG Live Rocky Mountains, with an expected
crowd size of 4,000 to 4,500. The ticket price is $55.00 - $60.00. No funding is requested from
the Town of Avon.
Kathy Ryan made a comment about the permit lasting until 10:00 p.m.
Councilor Phillips moved to approve an Amplified Sound Permit for the Lyle Lovett and His Large Band
concert on Sunday, July 23, 2017, until 10:00 p.m. Mayor Pro Tem Smith Hymes seconded the motion
and it passed unanimously by those present. Councilor Gennett was absent.
5.5 ACTION ON AD HOC SPECIAL EVENTS COMMITTEE’S RECOMMENDATIONS FOR 2017 FREE EVENTS
(DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA DEMPSEY)
Start time: 00:118:06
Kathy Ryan, Ruthie Stanley and Michael Cacioppo commented on the recommended events.
Councilor Phillips moved to approve the Ad Hoc Special Events Committee’s recommendations for
2017 Free Events and appropriate funding of $53,619 from the 2017 General Fund Special Events
Assigned Fund Balance. Councilor Wolf seconded the motion and it passed unanimously by those
present. Councilor Burch was out of the room and Councilor Gennett was absent.
Councilor Gennett arrived at 9:11 p.m.
5.6 FIRST READING OF ORDINANCE 17-03, AMENDING AVON MUNICIPAL CODE SECTIONS 5.12.090, 110, AND 120
CONCERNING VEHICLE IMPOUNDMENT (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
Start time: 00:00:02 Part Two
Ordinance 17-03 was presented, which, if approved through two readings, will enact the following
amendments:
Page 3
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017
AVON TOWN HALL, ONE LAKE STREET
• Permit payment by credit card in addition to payment by cash.
• Clarify grounds for finding a lack of “moral character” that would justify suspending or
revoking a license.
• Change the standard to uphold a vehicle immobilization from “probable cause” to actual
violation of parking rules and compliance with all vehicle impoundment rules.
• Change the minimum hearing cost from $100 to an amount to be determined by the
municipal court.
• Permit the municipal court discretion to reverse or reduce an immobilization fee.
• The owner of a vehicle shall first contact the owner of the property, or owner’s agent, by e-
mail or other means to request reversal or reduction of the immobilization fee. The parking
enforcement company shall provide the e-mail address and telephone number of the
property owner or property owner’s agent, who shall not be anyone employed by or
affiliated with the parking enforcement company.
Mayor Pro Tem Smith Hymes questioned Chief Daly about booting companies delivering monthly
reports to the PD. Chief Daly responded that it is part of the original ordinance and that the booting
companies have delivered booting logs regularly. He explained that the logs help the Town to know
how many vehicles are being booted. Sergeant Jamison said that information about a survey he
prepared actually came from those monthly logs. Judge Buck Allen mentioned Municipal Court
should be the last resource since Avon Municipal Court is primarily criminal, not for civil issues. He
suggested that the first step for individuals whose vehicles have been booted should be to go to the
property manager, then, if they cannot resolve the issue, send it to Avon Municipal Court.
Andrei L. and Nick Antuna commented on the proposed amendments to the booting regulations.
Councilor Gennett expressed his support for repealing the booting regulations established by
Ordinance 09-10.
Councilor Phillips moved to approve First Reading of Ordinance 17-03, as presented. Mayor Pro Tem
Smith Hymes seconded the motion and it passed on a vote of 5 to 2. Councilor Wolf and Councilor
Gennett voted no.
5.7 APPROVAL OF RESOLUTION 17-03 ADOPTING THE 2017-18 TOWN OF AVON STRATEGIC PLAN UPDATE
(TOWN MANAGER VIRGINIA EGGER)
Start time: 00:98:23 Part Two
Council reviewed the 2017-2018 Town of Avon Strategic Plan Update and provided various edits and
modifications to Town Manager Virginia Egger.
Councilor Phillips moved to approve Resolution 17-03 Adopting the Town of Avon 2017-18 Strategic Plan
with the agreed upon modifications. Mayor Pro Tem Smith Hymes seconded the motion and it
passed unanimously by those present.
Page 4
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017
AVON TOWN HALL, ONE LAKE STREET
5.8 REVIEW AND APPROVAL OF A LETTER TO THE EAGLE COUNTY REGIONAL TRANSIT AUTHORITY REGARDING THE
PROPOSED 2017 SUMMER SCHEDULE (MAYOR PRO TEM SARAH SMITH HYMES)
Start time: 00:151:01 Part Two
Council reviewed the proposed summer bus schedule from ECO Transit and provided feedback
to improve routes.
Councilor Burch moved to support Mayor Fancher to send a Letter to the Eagle County Regional
Transit Authority (ECRTA), offering the following comments on the 2017 ECRTA Summer Bus
Schedules:
1. Increase frequency between 7:00 and 9:00 a.m. Eastbound and 4:00 and 6:00 p.m.
Westbound to meet worker demand
2. Provide Support to Immediate Family Members of Children on the Reduced/Free
Lunch Program
3. In addition to these additional routes, Avon would like to work with ECRTA to
evaluate other opportunities to expand service, including the addition of late night
loops this summer until 1:00 a.m., as offered during the winter.
Councilor Gennett seconded the motion and it passed unanimously by those present.
6. WORK SESSION
Start time: 00:159:00 Part Two
6.1 REVIEW AND DIRECTION ON BUSINESS LICENSE CHANGES, STATE OF COLORADO UNIFORM SALES TAX
DEFINITIONS & PANHANDLING
(TOWN ATTORNEY ERIC HEIL/ASSISTANT TOWN MANAGER SCOTT WRIGHT)
Town Attorney Eric Heil and Assistant Town Manager Scott Wright presented proposed
revisions and updates to the definitions in the Sales Tax regulations, proposed amendments to
business licensing requirements, and changes to the peddling and solicitation regulations to
address permissible panhandling regulations. Assistant Town Manager Scott Wright
commented that definitions have evolved and they are looking to standardize definitions
according to what other municipalities and the Colorado Municipal League have.
Council provided direction to staff to move forward with the preparation of an ordinance.
6.2 LIQUOR LICENSING WORKSHOP (TOWN ATTORNEY ERIC HEIL)
This item did not take place.
7. WRITTEN REPORTS
7.1 STATE OF COLORADO INDEPENDENT ETHICS COMMISSION RULING ON HOME RULE AUTHORITY REGARDING
GIFT BAN (TOWN ATTORNEY ERIC HEIL)
7.2 HARRY A. NOTTINGHAM PARK LIGHT REPLACEMENT PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
Page 5
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017
AVON TOWN HALL, ONE LAKE STREET
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 00:165:41 Part Two
Councilor Burch followed up on an invitation from Erik Williams about the Workforce Housing
Coalition meeting. Councilor Phillips asked for the Workforce Housing Coalition meeting to be
publicly posted. Councilor Burch also invited Council members to participate in the Family Leader
Training Institute. She explained that she participated in the program last year.
Mayor Fancher asked Councilor Wolf about answering texts or emails from other Council members.
He answered he has not been given the proper tools to check Council-related emails. Mayor Pro Tem
Smith Hymes moved to replace Councilor Wolf as the primary appointee to the ECO Transit Board with
Councilor Phillips. Councilor Burch seconded the motion and it passed on a vote of 4 to 2. Councilor
Gennett and Councilor Wolf voted no. Councilor Phillips abstained from the vote.
Councilor Wolf made a motion to terminate immediately the employment of Town Manager Virginia
Egger. The motion did not receive a second, so the motion failed.
Councilor Wolf left the meeting at 11:00 p.m.
Mayor Fancher moved to convene into Executive Session for a conference with the Town Attorney
for the purpose of receiving legal advice under C.R.S. §24-6-402(2)(B) and to discuss potential
acquisition to Real Property interest under C.R.S. §24-6-402(2)(E) concerning a potential affordable
housing project. Councilor Phillips seconded the motion and it passed unanimously by those
present. Councilor Wolf was absent. The time was 11:12 p.m.
Council convened into Executive Session at 11:20 p.m.
Executive Session ended at 11:49 p.m.
Council reconvened into regular session at 11:51 p.m.
9. ADJOURNMENT
Start time: 00:178:00 Part Two
There being no further business to come before the Council, Councilor Phillips moved to adjourn the
regular meeting. Councilor Gennett seconded the motion and it passed unanimously by those present.
Councilor Wolf was absent. The time was 11:52 p.m.
Page 6
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017
AVON TOWN HALL, ONE LAKE STREET
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most
accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s office, and
the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Brenda Torres, Deputy Town Clerk
APPROVED:
Jennie Fancher ________________________________
Sarah Smith Hymes ________________________________
Jake Wolf ________________________________
Megan Burch ________________________________
Matt Gennett ________________________________
Scott Prince ________________________________
Amy Phillips ________________________________
Page 7
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: February 28, 2017
Agenda Topic: Review of Town Council and Planning and Zoning Commission Compensation
SUMMARY:
At the January 24, 2017, Council meeting, former Council member Buz Reynolds offered a recommendation during
Public Comment that the salaries of members of the Council and Planning and Zoning Commission (PZC) be
increased. Staff was directed to add a work session item regarding Council and PZC compensation to a future
Council meeting agenda. Buz Reynolds will be present at Tuesday’s meeting to present this item.
Currently, Council members receive compensation for their service in accordance with the following schedule:
• Mayor – $1,000 per month
• Mayor Pro Tem – $750 per month
• All other Council members – $500 per month
Currently, PZC members receive $75.00 per meeting.
Please note that any adopted increase to Council compensation cannot apply to anyone during their current term in
office. Any adopted increase to PZC compensation would be effective immediately.
Staff researched Council and Planning Commission compensation in other Colorado cities and towns. That research
is attached at Exhibit A.
ATTACHMENT:
Exhibit A – Compensation Research
Avon Breckenridge Eagle Frisco Minturn Silverthorne Steamboat Springs Telluride Vail
Mayor $12,000.00 $14,400.00 $3,000.00 $11,400.00 $4,800.00 $9,000.00 $9,917.00 $18,000.00 $12,000.00
Mayor Pro Tem $9,000.00 $9,600.00 $3,000.00 $6,000.00 $2,400.00 $3,600.00 $8,400.00 $9,600.00 $7,500.00
Councilor $6,000.00 $9,600.00 $3,000.00 $6,000.00 $2,400.00 $3,600.00 $7,449.60 $9,600.00 $7,500.00
Avon Breckenridge Eagle Frisco Minturn Silverthorne Steamboat Springs Telluride Vail
Chairperson $75.00 $4,800.00 $1,200.00 $0.00 $75.00 $25.00 $0.00 $1,800.00 $0.00
Commissioner $75.00 $4,800.00 $1,200.00 $0.00 $75.00 $25.00 $0.00 $1,800.00 $0.00
Note:Per Meeting Annual Annual ------Per Meeting Per Meeting ------Annual Receive benefits or priveleges
in lieu thereof
Annual Pay for Mayor & Council Members
Pay for Planning & Zoning Commissioners
00139103-7
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
M E M O R A N D U M
PRIVILGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
TO: Avon Town Council
cc: Virginia Egger, Town Manager
Eric Heil, Esq. Town Attorney
FROM: Richard J. Mehren, Esq.
RE: Upper Eagle Regional Water Authority – Updated Member Water Rights
Reports
DATE: February 14, 2017
In June of 2015 the Arrowhead Metropolitan District, Town of Avon, Beaver Creek
Metropolitan District, Berry Creek Metropolitan District, Eagle-Vail Metropolitan District and the
Edwards Metropolitan District entered into the Authority Agreement Amending and Restating the
Agreement Establishing the Upper Eagle Regional Water Authority and the Master Service
Contract (“Authority Agreement”). The entities that are parties to the Authority Agreement are
referred to individually as a “Contracting Party” and collectively as the “Contracting Parties”. In
general terms, the Authority Agreement provides for the creation of the Upper Eagle Regional
Water Authority (“Authority”) as the entity responsible for the provision of municipal water
service to the Town of Avon and the other Contracting Parties. The water supply used by the
Authority to provide such municipal water service is derived from water rights leased or conveyed
to the Authority by the Contracting Parties and other water rights that have been acquired and
developed independently by the Authority.
Paragraph 18 of the Authority Agreement provides that the amount of the “Allocated Water
Rights” shall be identified in the Water Rights Report that is prepared for each Contracting Party
by the Authority’s water counsel and water resources engineer every two years. The “Allocated
Water Rights” generally consist of water rights leased or conveyed by a Contracting Party to the
Authority and any interest in Eagle Park Reservoir and Green Mountain Reservoir water that has
been allocated to a Contracting Party. The Water Rights Report is also required by Paragraph 18
of the Authority Agreement to identify the “Unallocated Water Rights” that the Authority has
identified as being allocated to meet any shortfall in the Contracting Party’s “Allocated Water
Rights” for meeting consumptive water uses of each Contracting Party at contract build-out. The
“Unallocated Water Rights” are any other direct flow and storage water rights that are owned or
leased by the Authority and not originally conveyed or assigned by a Contracting Party and any
other water rights owned by the Authority and not allocated to a Contracting Party pursuant to the
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
MEMO TO: Avon Town Council
February 14, 2017
Page 2
00139103-7
definition of “Allocated Water Rights.” The Authority Agreement allows a period of sixty days
for each Contracting Party to review its Water Rights Report. Each Contracting Party is deemed
to have approved its Water Rights Report unless specifically protested to the Authority by the
Contracting Party. The Water Rights Reports were last updated in August, 2016.
I have reviewed the August 2016 Water Rights Report for the Town of Avon prepared by
the Authority’s water counsel and water resources engineer and have consulted with the Town of
Avon’s staff regarding that review. I have also reviewed the August 2016 Water Rights Reports
for the other Contracting Parties prepared by the Authority’s water counsel and water resources
engineer and have consulted with the Town of Avon’s staff regarding that review. I did not find
any reason for the Town of Avon to file any protest with the Authority regarding the Town of
Avon’s updated Water Rights Report. Therefore, I recommend that the Town of Avon accept the
August 2016 Water Rights Report as prepared by the Authority and I do not recommend that the
Town of Avon file any protest with the Authority to the August 2016 Water Rights Reports.
Below is a brief description of the more significant updates that were made in the August,
2016 Water Rights Report for the Town of Avon as compared to the August 2014 Water Rights
Report for the Town of Avon:
The number of SFEs to be served by the Town of Avon has been increased from
5,254.55 in the August 2014 Water Rights Report to 5,282.45 in the August 2016
Water Rights Report based on the water service agreements entered into between
the Town of Avon and the Authority in 2014 and 2015 to serve: (1) an additional
22.2 SFEs associated with the Wyndham development; and (2) an additional 5.7
SFEs associated with the Riverside Park development located in the Brookside Park
subdivision. The 27.9 SFE increase in the number of SFEs to be served by the
Town of Avon is consistent with the two new water service agreements entered
into between the Town of Avon and the Authority since the August 2014 Water
Rights Report. In addition allocation of the 5,282.45 SFEs to Avon appears to
be sufficient to cover conservative projections of Avon water use at build-out
under current zoning.
The Water Rights Report was updated throughout to include the Authority’s
agreement to serve the Village at Avon development, up to a maximum of 106.3
consumptive acre-feet per year. That is consistent with the Authority’s agreement
to provide that level of potable water service to the Village at Avon development.
For the five years (2011 through 2015) the updated Water Rights Report states that
the metered water use within the Town of Avon averaged 196 gallons per day per
SFE, while the metered water use within the Village at Avon averaged 151 gallons
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
MEMO TO: Avon Town Council
February 14, 2017
Page 3
00139103-7
per day per SFE. For comparison, for the five years (2009 through 2013) evaluated
in the August 2014 Water Rights Report, the metered water use within the Town of
Avon averaged 201 gallons per day per SFE. Therefore water use per SFE within
the Town of Avon has not changed significantly since 2009. Assuming that the
Town of Avon has not implemented any new water conservation measures since
the August 2014 Water Rights Report, then I would not expect the water use per
SFE within the Town of Avon to have changed significantly.
The Town of Avon’s total average annual depletion at contract build-out is
estimated in the August 2016 Water Rights Report to be 496.5 acre-feet. For
comparison, the August 2014 Water Rights Report estimated the Town of Avon’s
annual depletion at contract build-out to be 483.3 acre-feet annually. This increase
is due to a small increase (0.02 acre feet) in the calculated amount of consumptive
use per SFE based on use of 2012 water year conditions that were drier than the
2009/2010 water year conditions used in the August 2014 Water Rights Report.
According to the August 2016 Water Rights Report, the Town of Avon’s net
augmentation water equals 448 acre-feet annually leaving a shortfall to be made-
up with the Authority’s water that is available system-wide of 48.5 acre-feet. The
448 acre-feet annually of net augmentation water represents the Town of Avon’s
“Allocated Water Rights.” The 48.5 acre-feet of the Authority’s available system-
wide water is the amount of the “Unallocated Water Rights” allocated by the
Authority in the August 2016 Water Rights Report to the Town of Avon to meet its
demand at contract build-out. For comparison, the August 2014 Water Rights
Report estimated the Town of Avon’s annual shortfall in net augmentation water to
be 35.3 acre-feet to be made up with the Authority’s water that is available system-
wide. Therefore, the Authority has allocated an additional 13.2 acre-feet of
consumptive use water in the August 2016 Water Rights Report to the Town of
Avon to meet the Town of Avon’s dry-year augmentation requirements at build-
out.
Subject to the full development of the Village at Avon being consistent with the
decree in Case No. 97CW306, the 106.3 consumptive acre-feet deeded to the
Authority appears to be sufficient to meet the water demands of the approved
entitlements of the Village at Avon. That is good for the Village at Avon
development because any water demands in excess of the 106.3 acre-feet of
consumptive use allowed under its potable water service agreement with the
Authority would require dedication of additional water rights to the Authority or
payment of cash-in-lieu, if available, for additional potable water service.
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
MEMO TO: Avon Town Council
February 14, 2017
Page 4
00139103-7
The above-stated points are only a summary of the key updates that were made in the August 2016
Water Rights Report for the Town of Avon. If the Town of Avon Council would like a more
detailed report from me on this matter or has any questions about its updated Water Rights Report
please let me know and I will work with Town of Avon Staff to provide a more detailed report and
to answer Council’s questions. As mentioned above, I have also briefly reviewed the August 2016
Water Rights Reports prepared by the Authority’s water counsel and water resources engineer for
the other Contracting Parties and did not identify any issues that should be of concern to the Town
of Avon. If Town of Avon Council would like a more detailed report on any of the other
Contracting Parties August 2016 Water Rights Reports or has any questions about those reports
please let me know.
FISCAL YEAR 2016-2017
FINANCIAL REPORT
February 28, 2017
______________________________________________________________________________________
1. Financial Report Memorandum
2. Sales Tax Report - December 2016
3. Accommodations Tax Report - December 2016
4. Real Estate Transfer Tax Report - December 2016 (Updated)
5. Real Estate Transfer Tax Report - January 2017
6. Recreation Center Admissions - December 2016 (Updated)
7. Recreation Center Admissions - January 2017
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Asst. Town Manager Meeting Date: February 28, 2017
Re: Financial Report
SUMMARY
Revenues
SALES TAX
• Sales tax revenue for the month of December ended up with a YOY increase of 7.65%, bringing the
2016 fiscal year to a total increase of 7.27% over 2015 amounting to $371,547 in additional sales
tax revenues. Taking into consideration that Sports Authority went out-of-business in July and
Sun and Ski didn’t open until late November, this was a very successful year.
ACCOMMODATIONS TAX
• Accommodations tax revenue for December was up $1,694, or .85% compared to December,
2015. This ends the 2016 year with an overall increase of 13.89% or additional accommodations
tax revenues over the prior year of $157,303.
REAL ESTATE TRANSFER TAX
• Final updated 2016 real estate transfer tax collections for December equal $588,515, which is a
$362,652 increase compared to December 2015.
• Final 2016 RETT collections ended with a favorable variance compared to budget of $1,195,227.
• A total of $639,420 in RETT was received from the Wyndham in 2016 bringing the grand total to
$700,809.73 since the vacation ownership project opened.
RECREATION CENTER ADMISSIONS
• Updated December 2016 admissions fees at the ARC totaled $169,093, a 50.71% increase
compared to December 2015. Year-to-date admissions ended at 12.51% above 2015, and
$65,307 over the revised annual budget.
TOWN OF AVON
SALES TAX
2016 Actual vs. Budget
Budget YTD Collections Budget % of change
2011 2012 2013 2014 2015 2016 2016 Variance from 2015
January 511,040.76$ 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 751,351$ 743,689.78$ (7,661.47)$ -2.81%
February 532,903.25 533,546.48 636,702.27 673,722.03 788,999.06 764,155 774,754.00 10,599.22 -1.81%
March 665,532.70 643,910.29 720,267.31 793,301.96 875,499.53 892,719 945,795.71 53,076.58 8.03%
April 305,269.73 304,220.84 307,407.13 381,839.56 403,560.42 410,888 438,198.18 27,310.29 8.58%
May 236,424.93 270,082.79 309,938.72 340,332.28 353,840.11 364,622 404,872.55 40,250.67 14.42%
June 406,828.27 430,588.57 490,329.18 538,517.31 570,424.51 588,149 693,675.00 105,525.50 21.61%
July 452,873.44 472,215.40 537,479.66 570,959.86 601,516.82 636,028 690,342.23 54,314.72 14.77%
August 419,977.29 455,439.86 504,332.25 547,085.80 572,647.57 603,306 593,398.26 (9,908.21) 3.62%
September 391,546.49 424,793.75 475,362.88 546,016.59 595,235.68 587,249 667,949.51 80,700.92 12.22%
October 299,193.35 341,711.43 356,925.96 417,921.46 423,701.53 443,994 451,303.71 7,310.12 6.51%
November 301,407.41 336,060.63 362,460.94 397,935.36 438,315.55 443,203 445,336.04 2,132.66 1.60%
December 921,815.61 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,239,937 1,247,832.82 7,895.77 7.65%
Total 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 7,725,601$ 8,097,147.79$ 371,546.79$ 7.27%
Actual Collections
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
2012 2013 2014 2015 2016
Year
Sales Tax Collections for December
TOWN OF AVON
SALES TAX
2016 Actual vs. Budget
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
2012 2013 2014 2015 2016
YTD Sales Tax Comparison January - December
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
Sales Tax Monthly Comparison 2014-2016
2014
2015
2016
TOWN OF AVON
ACCOMMODATIONS TAX
2016 Actual vs. Budget
Budget YTD Collections Budget % change
2011 2012 2013 2014 2015 2016 2016 Variance 2015
January 85,233.73$ 90,118.88$ 108,508.43$ 129,851.78$ 164,361.04$ 160,580$ 168,424.63$ 7,844.16$ 2.47%
February 114,035.90 106,016.32 137,503.61 150,317.06 175,056.31 189,708 185,370.53 (4,337.22) 5.89%
March 122,145.16 115,043.42 153,208.80 168,597.39 183,650.29 206,296 217,387.54 11,091.60 18.37%
April 26,214.58 20,786.24 26,494.49 31,626.02 34,825.13 38,875 60,916.55 22,041.47 74.92%
May 15,152.82 16,664.44 24,527.17 21,961.97 28,002.56 29,531 37,357.48 7,826.41 33.41%
June 49,999.66 56,012.17 66,578.91 54,232.23 53,397.46 77,841 73,591.08 (4,250.06) 37.82%
July 62,928.07 66,726.73 73,008.92 81,083.01 86,301.22 102,794 107,595.18 4,801.27 24.67%
August 52,037.55 58,358.93 67,688.07 71,044.33 75,107.71 90,068 87,674.05 (2,394.13) 16.73%
September 35,521.81 42,245.24 44,661.37 50,840.16 60,417.74 64,915 68,139.11 3,224.47 12.78%
October 21,801.56 25,879.51 27,154.53 34,977.59 38,706.72 41,257 45,738.23 4,481.57 18.17%
November 24,971.33 22,786.42 28,171.04 32,064.02 34,328.47 39,535 37,570.50 (1,964.27) 9.44%
December 135,984.00 112,759.02 131,361.43 168,944.85 198,421.26 207,636 200,114.56 (7,521.83) 0.85%
Total 746,026.17$ 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,249,036$ 1,289,879.44$ 40,843.44$ 13.89%
Actual Collections
$-
$10,000
$20,000
$30,000
$40,000
2012 2013 2014 2015 2016
Accommodations Tax Collections for December
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$ 55,099$ 64,422.00$ 15,781.60$ 32.45%
February 230,705.50 41,750.07 55,872.69 562,219.70 85,479.08 203,670 200,850.86 115,371.78 134.97%
March 187,099.47 84,760.49 125,927.64 50,375.06 168,744.22 128,732 265,061.65 96,317.43 57.08%
April 249,482.30 219,195.80 144,437.80 197,656.36 125,266.30 195,326 159,046.06 33,779.76 26.97%
May 187,668.62 270,170.12 121,784.12 183,745.60 237,971.08 208,952 184,987.10 (52,983.98)-22.26%
June 49,606.58 169,040.47 90,309.74 220,009.15 294,434.84 171,821 307,127.24 12,692.40 4.31%
July 46,707.37 71,057.40 386,434.78 141,051.52 396,838.68 217,455 259,977.94 (136,860.74) -34.49%
August 106,785.21 232,505.93 97,579.70 154,032.32 152,380.93 155,103 186,483.40 34,102.47 22.38%
September 140,876.56 96,389.34 157,010.67 267,886.92 291,223.61 198,946 321,957.68 30,734.07 10.55%
October 64,005.33 176,889.62 169,839.80 178,044.24 172,855.22 158,932 641,688.59 468,833.37 271.23%
November 98,057.44 150,549.86 112,491.82 122,582.66 169,328.38 136,265 315,109.37 145,780.99 86.09%
December 198,448.03 145,134.57 83,382.60 1,598,062.92 225,862.90 469,699 588,514.66 362,651.76 160.56%
Total 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 2,300,000$ 3,495,226.55$ 1,126,200.91$ 47.54%
Budget 2,300,000.00
Variance, Favorable (Unfavorable)1,195,226.55$
Actual Collections
$-
$500,000.00
$1,000,000.00
$1,500,000.00
$2,000,000.00
$2,500,000.00
$3,000,000.00
$3,500,000.00
$4,000,000.00
2012 2013 2014 2015 2016
YTD Real Estate Transfer Tax Collections
Town of Avon
Real Estate Transfer Tax
2016 Actual vs. Budget
Budget YTD Collections $ Change % of Change
2012 2013 2014 2015 2016 2017 2017 2016 2016
January 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 64,422.00$ 46,204$ 64,422.00$ 15,781.60$ 32.45%
February 41,750.07 55,872.69 562,219.70 85,479.08 200,850.86 161,359 - -
March 84,760.49 125,927.64 50,375.06 168,744.22 265,061.65 118,502 - -
April 219,195.80 144,437.80 197,656.36 125,266.30 159,046.06 144,208 - -
May 270,170.12 121,784.12 183,745.60 237,971.08 184,987.10 170,310 - -
June 169,040.47 90,309.74 220,009.15 294,434.84 307,127.24 184,339 - -
July 71,057.40 386,434.78 141,051.52 396,838.68 259,977.94 214,087 - -
August 232,505.93 97,579.70 154,032.32 152,380.93 186,483.40 140,350 - -
September 96,389.34 157,010.67 267,886.92 291,223.61 321,957.68 193,471 - -
October 176,889.62 169,839.80 178,044.24 172,855.22 641,688.59 228,405 - -
November 150,549.86 112,491.82 122,582.66 169,328.38 315,109.37 148,379 - -
December 145,134.57 83,382.60 1,598,062.92 225,862.90 588,514.66 450,385 - -
Total 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 3,495,226.55$ 2,200,000$ 64,422.00$ 15,781.60$ -97.28%
Budget 2,200,000.00
Variance, Favorable (Unfavorable)(2,135,578.00)$
Actual Collections
$-
$10,000.00
$20,000.00
$30,000.00
$40,000.00
$50,000.00
$60,000.00
$70,000.00
$80,000.00
$90,000.00
2013 2014 2015 2016 2017
YTD Real Estate Transfer Tax Collections
TOWN OF AVON
RECREATION CENTER ADMISSION FEES
2016 Actual vs. Budget
Budget YTD Collections Budget % of change
2011 2012 2013 2014 2015 2016 2016 Variance from 2015
January 76,386$ 66,113$ 70,040$ 62,607$ 64,723$ 75,118$ 74,674$ (444)$ 15.37%
February 72,997 78,782 68,578 63,838 68,506 77,955 86,342 8,387 26.04%
March 78,985 62,670 72,616 77,902 81,664 82,626 76,023 (6,603) -6.91%
April 59,991 49,982 64,370 61,760 55,452 64,440 67,398 2,958 21.54%
May 47,368 44,880 35,064 43,119 50,067 48,735 54,337 5,602 8.53%
June 49,850 49,442 46,194 55,052 58,431 57,238 58,044 806 -0.66%
July 70,839 73,067 71,491 61,472 66,400 75,870 65,874 (9,996) -0.79%
August 68,324 67,510 57,329 63,233 66,389 71,342 76,558 5,216 15.32%
September 40,822 38,141 43,829 36,846 44,719 45,167 49,018 3,850 9.61%
October 52,476 41,588 48,803 75,818 61,167 61,853 51,833 (10,020) -15.26%
November 93,746 94,044 93,822 29,570 71,384 84,555 72,114 (12,441) 1.02%
December 80,985 72,059 69,258 77,672 112,201 91,100 169,093 77,993 50.71%
Total 792,769$ 738,277$ 741,394$ 708,889$ 801,102$ 836,000$ 901,307$ 65,307$ 12.51%
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
2012 2013 2014 2015 2016
YTD Recreation Center Admissions
TOWN OF AVON
RECREATION CENTER ADMISSION FEES
2017 Actual vs. Budget
Budget YTD Collections Budget % of change
2012 2013 2014 2015 2016 2017 2017 Variance from 2016
January 66,113$ 70,040$ 62,607$ 64,723$ 74,674$ 77,192$ 74,674$ (2,518)$ 15.37%
February 78,782 68,578 63,838 68,506 86,342 83,558 -
March 62,670 72,616 77,902 81,664 76,023 84,660 -
April 49,982 64,370 61,760 55,452 67,398 68,245 -
May 44,880 35,064 43,119 50,067 54,337 51,924 -
June 49,442 46,194 55,052 58,431 58,044 60,986 -
July 73,067 71,491 61,472 66,400 65,874 77,225 -
August 67,510 57,329 63,233 66,389 76,558 75,562 -
September 38,141 43,829 36,846 44,719 49,018 48,520 -
October 41,588 48,803 75,818 61,167 51,833 63,736 -
November 94,044 93,822 29,570 71,384 72,114 82,391 -
December 72,059 69,258 77,672 112,201 169,093 114,201 -
Total 738,277$ 741,394$ 708,889$ 801,102$ 901,307$ 888,200$ 74,674$ (2,518)$ 15.37%
Actual Collections
$56,000
$58,000
$60,000
$62,000
$64,000
$66,000
$68,000
$70,000
$72,000
$74,000
$76,000
2012 2013 2014 2015 2016 2017
Recreation Center Admissions - January
WRITTEN REPORT
To: Honorable Jennie Fancher and Town Council
From: Greg Daly, Chief of Police
Date: February 28, 2017
Topic: Police Department Disposition on Forfeited Properties for 2016
In accordance with Avon Town Resolution 2000-12, “Section 4. The committee shall, each
year, submit a written report to the Town Council concerning forfeited moneys or property
received during the year and an accounting of how such monies were expended during the
year.”
The forfeited monies in the Forfeiture Account can only be used for law enforcement training
or equipment expenditures only. These monies accrue from adjudicated criminal cases.
There were no expenditures to this account in 2016. There no additions to the account from
cases in 2016. The opening balance and closing balance for 2016 was at $204.02.
Respectfully Submitted,
Greg Daly
Chief of Police