TC Packet 03-14-2017 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 14, 2017
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 3:30 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
_________________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 1
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 3:30 PM (SEE AGENDA BELOW)
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3)
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. MEETING PROCEDURES FOR THE MEETING OF MARCH 14, 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. JOINT WORK SESSION WITH EAGLE COUNTY COMMISSIONERS (90 MINUTES)
5. MOTION TO CONTINUE REGULAR MEETING FOR A MEETING OF THE LIQUOR LICENSING AUTHORITY
6. CALL TO ORDER & ROLL CALL OF THE CONTINUED REGULAR MEETING
7. 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
8. PRESENTATION OF A PROCLAMATION FOR ONE BOOK ONE VALLEY (MAYOR JENNIE FANCHER) (5 MINUTES)
9. PUBLIC WORKS DEPARTMENT PRESENTATION (PUBLIC WORKS DIRECTOR GARY PADILLA) (15 MINUTES)
10. ACTION ITEMS
10.1. NOMINATION OF AN AVON REPRESENTATIVE TO THE EAGLE COUNTY HOUSING DEVELOPMENT COMMITTEE
(MAYOR JENNIE FANCHER) (10 MINUTES)
TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 14, 2017
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 3:30 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
2
10.2. DIRECTION TO TOWN OF AVON REPRESENTATIVE ON THE LANDOWNER’S COMMITTEE WITH REGARD TO
VOTING AS A MEMBER OF THE LANDOWNER’S COMMITTEE TO TERMINATE THE BENCHMARK COVENANTS
(TOWN ATTORNEY ERIC HEIL) (15 MINUTES)
10.3. PUBLIC HEARING RESOLUTION 17-04 CAPITAL PROJECTS FUND BUDGET AMENDMENT FOR JOINT PUBLIC
SAFETY BUILDING & OTHER PROJECTS, AS IDENTIFIED (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
(15 MINUTES)
10.4. PUBLIC HEARING SECOND READING OF ORDINANCE 17-05, APPROVING TITLE 7: DEVELOPMENT CODE TEXT
AMENDMENTS (PLANNING DIRECTOR MATT PIELSTICKER) (10 MINUTES)
10.5. FIRST READING OF ORDINANCE 17-04, BUSINESS LICENSE CHANGES, SALES TAX DEFINITIONS, PANHANDLING
(TOWN ATTORNEY ERIC HEIL) (15 MINUTES)
10.6. CONSENT AGENDA (5 MINUTES)
10.6.1. APPROVAL OF THE FEBRUARY 28, 2017 MEETING MINUTES (TOWN CLERK DEBBIE HOPPE)
10.6.2. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT (AMENDED) BETWEEN TOWN OF AVON AND
DOUGLAS COUNTY SHERIFF REGARDING THE SEXUAL OFFENDER TRACKING AND REGISTRATION
(POLICE CHIEF GREG DALY)
10.6.3. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE EAGLE COUNTY SCHOOL DISTRICT
RE-50J AND THE TOWN OF AVON (TOWN MANAGER VIRGINIA EGGER)
10.6.4. APPROVAL OF A CONTRACT WITH THE STATE OF COLORADO - DEPARTMENT OF TRANSPORTATION FOR
DAILY PARKING OF A BUSTANG BUS (TOWN MANAGER VIRGINIA EGGER)
11. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
12. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE
REGARDING CONFIDENTIAL LEGAL MATTERS AND UPDATES CONCERNING THE UPPER EAGLE REGIONAL WATER
AUTHORITY UNDER C.R.S. §24-6-402(2)(B).
13. 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.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: March 14, 2017
Topic: Joint Work Session with Eagle County Commissioners
The Eagle County Commissioners will be present at Tuesday’s meeting for a joint work session to
discuss the following items:
• Eagle County Climate Action Plan Implementation
o Community, residential, business education components
o Pay as you Throw
• Attainable Housing
o Role of the new Eagle County Housing and Development Advisory Board
• ECO Transportation Development Plan
o New technologies
• Towns and Unincorporated Areas – Revenues & Expenditures
o Discuss the formation of a collaborative work group, to include Eagle County, Avon
and other municipalities and major metropolitan districts, to review Eagle County’s
revenues and expenditures to understand the apportionment shares of expenses
among the unincorporated county areas compared with the full service municipalities
TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 14, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
3
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. RENEWAL OF LIQUOR LICENSES
4.1. APPLICANT: VISTANA COLORADO MANAGEMENT, INC. D/B/A SHERATON MOUNTAIN VISTA
LOCATION: 160 BEAVER CREEK WEST
TYPE: HOTEL AND RESTAURANT LICENSE
MANAGER: DAVID WEISS
5. REPORT OF CHANGES- LLC/PARTNERSHIP MASTER FILE
5.1. APPLICANT: BOB’S PLACE, LLC. D/B/A BOB’S PLACE
LOCATION: 100 W. BEAVER CREEK PLACE
MANAGER: ROBERT DOYLE
6. REPORT OF CHANGES – CHANGE IN MANAGER
6.1. APPLICANT: BOB’S PLACE, LLC D/B/A BOB’S PLACE
LOCATION: 100 W. BEAVER CREEK PLACE
CURRANT MANAGER: ROBERT DOYLE
NEW MANAGER: CHRIS DOYLE
7. MINUTES FROM FEBRUARY 28, 2017
8. ADJOURNMENT
LIQUOR AUTHORITY REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Debbie Hoppe, Town Clerk
Meeting Date: March 14, 2017
Agenda
Topic: Renewal Application–Sheraton Mountain Vista
PROPOSED MOTION
I move to approve (or deny stating the reasons for denial) the Renewal Application for Vistana Colorado
Management, Inc. d/b/a Sheraton Mountain Vista.
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: VISTANA Colorado Management, Inc. d/b/a Sheraton Mountain Vista
Location: 160 Beaver Creek West
TYPE: Hotel and Restaurant License
Manager: David Weiss
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 results show the following
information:
Vistana Colorado Management, Inc. d/b/a Sheraton Mountain Vista:
There have been no concerns or violations during the past 5 years.
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.
Page 2
Attachments:
State of Colorado Renewal Application Form
Avon Police Department Summary Reports
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairman Fancher called the meeting to order at 5:02 p.m. A roll call was taken and Board members
present were Megan Burch, Amy Phillips, Scott Prince and Sarah Smith Hymes. Matt Gennett and Jake
Wolf were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police
Chief Greg Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Public Works
Director Gary Padilla, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie
Hoppe.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No public comments were made.
4. RENEWAL OF LIQUOR LICENSES
Start time: 00:00:50
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
The application was presented to the Board and no concerns were raised.
Board member Prince moved to approve the renewal application for Fiesta Jalisco Numero Tres, LLC
d/b/a Fiesta Jalisco. Board member Phillips seconded the motion and it passed unanimously by those
present. Board member Gennett and Board member Wolf were absent.
5. MINUTES FROM FEBRUARY 14, 2017
Start time: 00:01:31
Vice Chairwoman Smith Hymes moved to approve the minutes from February 14, 2017, Liquor Authority
meeting. Board member Phillips seconded the motion and it passed unanimously by those present.
Board member Gennett and Board member Wolf were absent.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 2
6. ADJOURNMENT
There being no further business to come before the Board, Mayor Fancher moved to adjourn the liquor
meeting. Board member Phillips seconded the motion and it passed unanimously by the present. The
time was 5:04 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Secretary
APPROVED:
Jennie Fancher ______________________________________
Sarah Smith Hymes ______________________________________
Jake Wolf ______________________________________
Megan Burch ______________________________________
Matt Gennett ______________________________________
Scott Prince ______________________________________
Amy Phillips ______________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: March 14, 2017
Topic: Proclamation Honoring One Book One Valley
Vail Public Library’s Lori Ann Barnes will be present at Tuesday’s meeting to present to the Town
Council information about One Book One Valley, 2017.
OFFICIAL PROCLAMATION
ONE BOOK ONE VALLEY, 2017
A valley-wide Community Read sponsored by the
Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff and Vail
WHEREAS, community read programs have united and uplifted hundreds of cities and
principalities throughout the United States of America; and,
WHEREAS, the book “High Divide” by Lin Enger (a teacher of English at Minnesota State
University) is Enger’s second novel and a masterfully told Western reinvention of Homer's Odyssey, set
against a backdrop of beauty and danger. This book is also the moving story of a man coming to terms
with his past; and,
WHEREAS, this Eagle Valley community read will feature book talks and discussions, special
related events such as a lecture on the Indian Wars, a Horseshoe Art program, a presentation on the Ute
Native Americans and the History of the Slopes, and Pioneer Days hosted by the partnering
organizations and a special guest appearance by the author; and,
WHEREAS, the Vail Public Library, in collaboration with the Bookworm of Edwards, Colorado
Mountain College, Battle Mountain High School, Eagle Valley High School and Vail Mountain School have
resolved to bring this valley-wide Community Read program to the citizens of Eagle County; and,
WHEREAS, the One Book One Valley initiative will encourage literacy and shared enjoyment of
reading throughout Eagle County,
NOW, THEREFORE, I, Jennie Fancher, Mayor, Town of Avon, do hereby promote the One
Book One Valley initiative and officially announce and promote the novel “High Divide” to all Eagle
County residents for their enjoyment and the enjoyment of all.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Gary Padilla, Public Works Director
Date: March 14, 2017
Topic: Public Works Department Presentation
BACKGROUND
A PowerPoint presentation has been prepared and is included in the Council packet to provide an
update on Public Works operations, maintenance and special projects. The presentation will include
information and discussion on the following topics:
• Department Overview
• Holiday Tree Lights
• Snow & Ice Removal Operations
• Ice Rink Construction & Maintenance
• Lot 5 Planning
• Summer Operations & Projects
PUBLIC WORKS DEPARTMENT
OPERATIONS, MAINTENANCE & SPECIAL PROJECTS
Department Overview
Holiday Tree Lights
Snow & Ice Removal Operations
Ice Rink Construction & Maintenance
Lot 5 Planning
Summer Operations & Projects
DEPARTMENT OVERVIEW
Total staff members – 14
Total budget – $ 3,050,093
Occupy 4 offices at ARTF
Equipment
5 Plow Trucks
2 Front End Loaders
1 Backhoe
2 Street Sweepers
1 Bucket Truck
TEAM PUBLIC WORKS
Holiday Tree Lights
Selection of trees and light design done each August
Avon Road – 1700 strings of lights = 8 miles of lights
Lake Street – 875 strings of lights = 4 miles of lights
Total of 960 hours to decorate 24 trees
Lighting begins Thanksgiving week and lasts through March 1st
Snow & Ice Removal Operations
Early Fall: Winter Prep – Landscaping Protection
3:00 a.m. “Call Out” if snow removal needed
Two Shifts – Roads
3:00am-12:00pm – 4 Trucks
12:00pm-10:00pm – 3 Trucks
Sidewalks, paths and parking lots
3:00am – 12:00pm
Snow and ice removal from bus stops and curb lines after every storm
Hauled over 2,000 Tons of snow to Lot 5 – combination contract and PW staff
Cinder clean-up happens between storms, if temperatures allow
Full cinder and material clean-up and street sweeping begins mid-April
Construction of Two Rinks
Place fabric
Build walls
Fill the rink with water, freeze and spray
Ice Maintenance – 212 total hours
Remove snow
Sweep slabs
Resurface slabs as needed: Hand spraying
Rinks usually become too soft in mid-February with warm weather and/or rain
For 2018, evaluating greatly expanding the soccer field ice rink
Ice Rink Construction &
Maintenance
Lot 5 Public Works Site Planning
This lot is part of the
Town-owned properties
study being led by Design
Workshop
Dedicated to snow
storage and planned for
Public Works offices and
equipment storage
Potential for some “above
office” attainable housing
∗Operations and Maintenance
∗West Avon Preserve Trail Maintenance
∗2017 Adopt-a-Trail Program
∗Street striping and crosswalk repair
∗Ditch and culvert maintenance
∗Park and landscaping maintenance
∗Sign maintenance
∗Professional Development (Summer and Winter)
∗Equipment training and safety protocols
∗Professional development training for each employee specific to the Town of Avon needs
∗2017 SPECIAL PROJECTS
∗Install and operate new irrigation system and pump to improve system efficiencies
∗Beach/volleyball court improvements
∗Reseed failed wetland on NW side of beach to create pollinator habitat
∗West Beaver Creek – 2017 interim striping
∗Complete barbed wire fence removal at the West Avon Preserve
∗Removed 4,600’ of barbed wire fence, 18,400’ of wire
∗Approximately 100 total hours
∗Need to remove approximately 3,600’ of fence
Summer Operations & Special Projects
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: March 14, 2017
Topic: Nomination of an Avon Representative to the Eagle County Housing and Development Authority
Advisory Committee
ACTION BEFORE COUNCIL:
Council is asked to nominate one person to represent the Town of Avon on the Eagle County Housing and
Development Authority Advisory Committee.
PROPOSED MOTION:
“I move to nominate [person’s name] to represent the Town of Avon on the Eagle County Housing and
Development Authority Advisory Committee.”
SUMMARY:
The Town of Avon has solicited letters of interest for its seat on the Eagle County Housing and Development
Authority Advisory Committee (ECHDA). The Town has received five letters of interest from the following
individuals:
Donna Lang Arenschield
Gary Brooks
Timothy Haley
Doug Jimenez
Tom Ruemmler
The ECHDA Advisory Committee is a new committee that will include nine members representing the communities
of Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff, Vail, unincorporated area of the Eagle River Valley portion of
Eagle County and unincorporated area of the Roaring Fork Valley portion of Eagle County. It will make
recommendations in an advisory capacity regarding long- and short-term plans and strategies for the provision of
affordable housing throughout Eagle County.
To let members of the public know about this new committee opportunity, the Town issued a press release on
March 1, 2017, and ran an ad in the Vail Daily on March 7, 2017.
OPTIONS:
Council may choose one of the following options:
Take action to nominate one person to the ECHDA Advisory Committee
Delay the nomination of one person to the ECHDA Advisory Committee to the regular meeting on March 28,
2017
ATTACHMENTS:
Attachment 1 – Donna Lang Arenschield Letter of Interest
Attachment 2 – Gary Brooks Letter of Interest
Attachment 3 – Timothy Haley Letter of Interest
Attachment 4 – Doug Jimenez Letter of Interest
Attachment 5 – Tom Ruemmler Letter of Interest
ECHDA Advisory Committee Letter of Interest Page 1 of 2
To: Avon Town Council c/o Debbie Hoppe, Town Clerk (dhoppe@avon.org)
From: Gary Brooks, 2150 Longspur, Avon, CO.
RE: Letter of Interest for Consideration as Avon’s Representative to the Eagle County Housing and
Development Authority Advisory Committee
Dear Council Members and Mayor,
My name is Gary Brooks and I moved to Avon in 1986 where I paid exorbitant rent at Benchmark
Condominiums (now Liftview) while working on the mountain as a lift operator. Since that time I have
lived up and down the valley before moving back to Avon in 2006. Because of the ever growing gap
between wages and housing costs, affordable housing for the valley’s workforce is even more limited
now and affects workers across a greater wage range.
I would like to request consideration by the Council to be Avon’s representative to the ECHDA Advisory
Committee. As a Principal at Alpine Engineering Inc., a local Civil Engineering Firm, I have been directly
involved in numerous residential development projects throughout Eagle County. My expertise is in
providing due diligence studies of properties on behalf of clients including private and public entities.
These studies generally define site constraints, review jurisdictional entitlements required, local, state
and federal permitting requirements, review of access issues including CDOT permitting if required and
then summarizing items that would be required to move forward with development. These reports are
helpful in understanding potential deal killing site constraints and provides an idea of timing to receive
entitlements through the pertinent jurisdiction and also provides an estimate of costs associated with
potential development of individual parcels.
I feel that my experience in Site\Civil design in the valley would provide the Advisory Committee with
realistic and pragmatic recommendations for investment in proposed developments or redevelopment
of existing residential properties that could potentially provide additional inventory of affordable or
deed restricted housing units.
Some of the projects I have worked on included employee housing units (EHU’s) or have been designed
to be fully deed restricted housing or rental units. Below is a partial list of some of the more recent
projects that I have been involved with:
Lions Ridge, Vail. This was a public private redevelopment of the eastern half of the Timber
Ridge project owned by the Town of Vail.
Vail Marriott Residence Inn and Apartments Vail. This project was recently approved by the Vail
Town Council and includes approximately 100 rental apartments at an infill site in close
proximity to existing transportation routes and infrastructure.
Stillwater Parcel, Edwards. This project is a redevelopment of 4 existing lots in West Edwards to
provide deed-restricted employee housing for ERWSD. It is currently in the design phase and is
anticipated to add 17 units to the District’s employee housing inventory
Burlingame Phase 2, Aspen. This was a City of Aspen project that provided deed restricted, for
sale housing units to qualified residents.
ECHDA Advisory Committee Letter of Interest Page 2 of 2
West Eagle, Eagle. This project is in the conceptual design phase and is on a parcel of land
owned by Eagle County that lies within the Town of Eagle. The initial concept plan for this
parcel includes a mix of rental and for sale deed restricted units.
Some of the questions and concepts I would like to bring to the committee are as follows:
Review existing municipalities that have been successful at providing affordable or deed
restricted units into their inventories and determine what processes or funding sources made it
possible.
Look at the current environment in Eagle County to understand why there aren’t more
affordable housing projects being approved when the demand is so high.
Determine if there is a way to streamline the approval process for affordable or deed restricted
projects.
Understand if it is possible to create some incentives for public\private partnerships
Review why the recent Ballot 1A failed and determine if another ballot measure is in order and if
so, how could it be better supported and branded for success
Look at potentially working directly with employers to investigate opportunities to provide
housing for their employees. Groups such as the School District which has land and a need to
retain employees and Vail Resorts which has a significant impact on seasonal housing
throughout the valley.
Look for opportunities within existing community centers to provide infill housing in close
proximity to infrastructure and transportation routes. This would decrease down valley sprawl
and lessen potential impacts from traffic and the need for additional parking.
I request that you consider my application to be Avon’s representative to the ECHDA Advisory
Committee.
Thank you,
Gary Brooks
Timothy R. Haley
851 W Beaver Creek Blvd B1, Avon, CO 81620 | 970-331-5137 | timothyhaley@alpinebank.com
8 March 2017
Avon Town Council
1 Lake Street
Avon, CO 81620
Dear Avon Town Council:
Thank you for considering me as a potential member of the Eagle County Housing and Development
Authority Advisory Committee. I would be honored to work with this group to discuss the issue of
affordable housing in our valley. This is something that I am not only concerned with personally but am
also very passionate about. I have known some wonderful people throughout my time here that would
benefit from traditional housing options.
Having lived in the Vail Valley since 2002, and being a homeowner in Avon since 2006, I have experienced
the last two major housing cycles first hand. This experience has provided me with some insight to the
issues facing residents of Avon. From families, to young professionals, to seasonal employees, the effects
of the housing market are felt across the spectrum of Avon residents. I am interested in assisting Avon in
developing and implementing an affordable housing plan that meets the needs of the full scope of Avon
community members. Additionally, I am interested in implementing affordable housing that meshes with
and furthers the vision of the town, which is to be a great place for residents and visitors in the heart of
the valley. I believe that affordable housing could add to this vision by cementing a core group of
residents right here in Avon.
My work with Alpine Bank has helped to shape my views on affordable housing. The role that banks and
lenders play in the development of Affordable housing cannot be understated. Being in the bank
environment day to day has exposed me to development projects that take place up and down the valley. I
have also gotten an idea of what works and what does not, both from a financing and structural
standpoint. I feel that having a banker’s perspective on this committee will help to balance the voice
between private and public sectors as well as offer bank industry perspective to the conversation.
Thank you for your time and for considering me as a member of the Eagle County Housing and
Development Authority Advisory Committee.
Sincerely,
Timothy R. Haley
8000 Maryland Avenue · Suite 610 · St. Louis, MO 63105
P: 314.725.8333 · F: 314.725.8344
Thursday March 9, 2017
Preston Neill
Executive Assistant to the Town Manager
Town of Avon
RE: Letter of Interest, Eagle County Housing and Development Authority (ECHDA) Advisory Committee
Dear Preston,
I would like to officially request serving as one of the members of the Eagle County Housing and
Development Authority Advisory Committee.
I hold a Colorado Real Estate License and currently work managing all the Hoffmann Commercial
properties in Avon, I also have managed private properties for 9 years. I’ve lived in Avon for over 10
years, I purchased my actual residence 6 years ago when the housing market was low, that allow myself
and my family to find our desire home, however there are plenty of local residents who have not been
so lucky, I would like to represent them and help the ECHDA in any efforts concerning our community.
One other reason that have attracted me to apply for this position is that the Avon community is
currently growing rapidly and there is a substantial shortage in housing for the working force in our
valley, for the growing families, the business owners, all of us that together have forged this town and
have helped make it what it is today. Most of the houses in our area have increased in cost, the average
home prices have surged and there are not many low income housing opportunities for our community
in expansion.
I would like to serve both equally and fairly in benefit of our growing needs. My current physical address
is 2190 Long Spur, Avon, CO 81620; my personal email is djcolorado@mail.com.
Thank you for your consideration.
Respectfully,
Doug Jimenez
Doug Jimenez
Property Manager
Hoffmann Commercial Real Estate
P.O. Box 9687 | Avon,CO | 81620
8000 Maryland Avenue · Suite 610 · St. Louis, MO 63105
P: 314.725.8333 · F: 314.725.8344
P: 970-688-5181 | C: 970-390-1970 | F: 970-688-5181
djimenez@hoffmanncre.com
I live at 2011 Beaver Creek Point in Avon, Colorado. I am applying for a seat on the Eagle County Housing
and Development Advisory Committee (ECHDA).
I have over 40 years of experience in the real estate sector. I have a strong background in economics,
mortgage banking, real estate development, architecture, construction, energy efficiency, green building,
healthy indoor environments, sustainability, low maintenance, long lasting building materials and
techniques that reduce landfill requirements.
I can provide out of the box suggestions that can reduce the cost of housing for all purchasers and
renters of residential housing.
Eight years before it happened, I predicted the housing and financial crisis and one of its root causes. I
am an advocate of affordable housing for all consumers. I believe the purchase price of newly
construction residential properties in the Eagle Valley can be reduced by more than 25%.
Federal policies and world economics have resulted in the lowest residential mortgage interest rates in
over 60 years. This has resulted in an “artificial” non-sustainable economy that is again putting upward
pressure on real estate prices.
It is possible that if interest rates rise to a sustainable 7 ¾%, residential property values can drop by
34% or more. A 34% decline in real estate values will not make residential real estate more attainable
for purchasers because their monthly payment will remain the same as a loan on a home that can now
sell for 50% more in today’s “artificial market” but has a 4% interest rate.
I hope the Avon Council understands the extent of the housing problem that will confront your children
and grand children and will appoint me to the (ECHDA).
I recommend that each council member watch three 10 minute videos (should I buy or rent by Sal Khan
at khanacademy.org).
https://www.khanacademy.org/economics-finance-domain/core-finance/housing/renting-v-
buying/v/renting-vs-buying-a-home
https://www.khanacademy.org/economics-finance-domain/core-finance/housing/renting-v-
buying/v/renting-vs-buying-a-home-part-2
https://www.khanacademy.org/economics-finance-domain/core-finance/housing/renting-v-
buying/v/renting-vs-buying-detailed-analysis
If you are not familiar with the free Internet educational Khan Academy, which can reduce the cost of
education by more than fifty percent, I suggest you watch these following videos.
60 minutes about Sal khan
https://www.youtube.com/watch?v=zxJgPHM5NYI
Sal Khan and Bill Gates at Tedtalks
http://www.ted.com/talks/salman_khan_let_s_use_video_to_reinvent_education?language=en
Tom Ruemmler
PO Box 2726 Avon, Co 61620
719 293-0655
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: March 14, 2017
Agenda Topic: Direction to Town of Avon Representative on the Landowner’s Committee with Regard to Voting as
a Member of the Landowner’s Committee to Terminate the Benchmark Covenants
ACTION BEFORE COUNCIL:
Council is asked to (1) take action to vote to terminate the Benchmark at Beaver Creek Protective Covenants and (2)
provide direction to the Town’s representative on the Landowner’s Committee with regard to voting as a member
of the Landowner’s Committee to terminate the Benchmark Covenants.
PROPOSED MOTIONS:
(1) “I move to vote for termination of the Protective Covenants for Benchmark at Beaver Creek Subdivision.”
(2) “I move to direct Mayor Jennie Fancher, the Town’s representative on the Landowner’s Committee, to vote
in favor of terminating the Benchmark Covenants.”
SUMMARY:
The title company has requested that action to terminate the Benchmark at Beaver Creek Protective Covenants be
taken by both (1) a vote of the property owners and (2) a vote of the Landowner’s Committee, in order to follow the
two different versions of the process in different amendments to the Protective Covenants. Therefore, two separate
actions are requested of Council. First, a vote by the Town of Avon as a property owner and second, providing
direction to the Town’s representative on the Landowner’s Committee to vote to terminate the Protective
Covenants.
At its regular meeting on February 28, 2017, and as part of the process to terminate the Benchmark Protective
Covenants, the Council appointed five property owners in the Benchmark at Beaver Creek Subdivision to the
Landowner’s Committee. The five members are Gil Avellar, Megan Burch, Jennie Fancher, Doug Jimenez and Ruthie
Stanley. Mayor Jennie Fancher was appointed to represent the Town of Avon as a property owner on the
Landowners’ Committee.
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:
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.
BALLOTS:
The deadline for property owners to submit ballots has been set at March 15, 2017, at 5:00 p.m. To date, the Town
has received a total of 67 ballots, with 51 votes FOR termination of the Benchmark Covenants and 16 votes AGAINST
termination of the Benchmark Covenants.
ATTACHMENTS:
Property Owner’s Notice sent by the Town and the Form of the Ballot
NOTICE AND BALLOT MATERIALS TO ALL PROPERTY OWNERS IN THE
BENCHMARK AT BEAVER CREEK SUBDIVISION
February 2, 2017
NOTICE OF AVON TOWN COUNCIL PUBLIC HEARING
BALLOT TO VOTE ON TERMINATION OF BENCHMARK COVENANTS
BALLOT TO APPOINT PERSONS TO THE LANDOWNER’S COMMITTEE
BY USPS FIRST CLASS MAIL
To All Owners Within Benchmark at Beaver Creek Subdivision:
The Avon Town Council is evaluating the benefit of terminating the “Benchmark
Covenants” (i.e. the Declaration of Protective Covenants for Benchmark at Beaver Creek,
originally recorded on February 27, 1974, as amended and restated). This Notice provides you
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. Additional information can be accessed on the Town’s
website at www.avon.org/benchmarkcovenants or can be obtained at the Avon Town Hall during
normal business hours.
BACKGROUND: The Benchmark Covenants were adopted in 1974 before the incorporation of
the Town of Avon in 1978 as part of the original Benchmark development. The Benchmark
Covenants encumber a substantial portion of the Town’s municipal boundaries. (See the map
depicting the original Benchmark at Beaver Creek Subdivision area at
www.avon.org/benchmarkcovenants). The Benchmark Covenants allow the owners of a
majority of the Benchmark at Beaver Creek Subdivision property to appoint a five person
“Landowners Committee.” The Landowners Committee has various powers, including
appointment of a five-member Planning and Architectural Control Committee (“PACC”). The
PACC has broad approval authority over many aspects of development. The original Benchmark
Covenants were typical of comprehensive development covenants for a large mixed-use planned
development whereby the developer sought to retain control and oversight of development in the
early stages of the project.
Since Avon’s incorporation, the Town of Avon has adopted a Home Rule Charter and Avon
Municipal Code (the “Town Code”). Title 7 of the Town Code sets forth the Avon’s
Development Code which includes a comprehensive and cohesive set of modern land use,
zoning, design and landscaping regulations applicable to all of Avon, including the Benchmark
at Beaver Creek Subdivision. The Benchmark Covenants were amended and restated over time
to acknowledge the Town of Avon’s land use regulations and the establishment of an Avon
Planning and Zoning Commission with redundant architectural review duties. The last
amendment to the Benchmark Covenants in 1990 defers to the Avon Planning and Zoning
Commission by stating that any plans submitted to and approved by the Avon Planning and
Zoning Commission do not need to be submitted to the PACC. The 1990 Amendment to the
Benchmark Covenants further states that approval by the Avon Planning and Zoning
Commission shall be deemed to be approval of the PACC within 10 days unless the PACC
provides notice that the property owner must submit plans to the PACC for its review and
approval.
Since adoption of the 1990 Amendment to the Benchmark Covenants, there is no record of
any activity by the PACC or the Landowners Committee and all approvals for development
have occurred under the review authority and regulations of the Town of Avon. The
Benchmark Covenants include provisions which are both redundant and inconsistent with the
regulations in the Avon Development Code and Avon building codes. A comprehensive
comparison of the Benchmark Covenants to the Avon Development Code and other regulations
can be found on the Avon website at www.avon.org/benchmarkcovenants.
After review of the Benchmark Covenants and consideration of comments received, the
Avon Town Council believes that consideration of terminating the Benchmark Covenants is
warranted because the Benchmark Covenants are inactive, outdated, redundant to Avon’s land
use regulations and Avon’s Planning and Zoning Commission, and create an unnecessary cloud
and encumbrance on property title for property owners in the Benchmark at Beaver Creek
Subdivision. However, the Avon Town Council will not make a final decision until conducting
a public hearing as described below.
PROCESS TO AMEND BENCHMARK COVENANTS: The Benchmark Covenants may be
terminated by either (i) the written consent of the owners of at least 51% of the land within the
Benchmark Subdivision, and/or (ii) the written approval of a 4/5ths majority vote of a
Landowners Committee. The Landowners Committee is appointed by the owners of 51% of the
land in the Benchmark at Beaver Creek Subdivision. The Town of Avon owns approximately
55% of the land in the Benchmark at Beaver Creek Subdivision; therefore, the Town of Avon,
through the Avon Town Council, effectively controls the decision to terminate the Benchmark
Covenants and the decision to select and appoint five persons to the Landowners Committee.
However, it is very important to the Avon Town Council to conduct an open public process to
receive and consider all input from interested property owners prior to taking any action on
the Benchmark Covenants.
LANDOWNERS COMMITTEE: Any property owner (including an authorized representative
of a property owned by a legal entity) may serve on the five member Landowners Committee. If
you are interested in serving on the Landowners Committee, you are encouraged to submit a
letter of interest to the Avon Town Council by 5:00 p.m. on February 21, 2017. The letter should
describe your interest in Avon, your views on the Benchmark Covenants, and any experience
you have with private protective covenants and local government process. Letters of interest
may be mailed to:
Town of Avon
P.O. Box 975
Avon, CO, 81620
Attn: Avon Town Clerk
Letters of interest may also be e-mailed to dhoppe@avon.org or hand-delivered during
normal business hours to the Office of the Town Clerk, at the Avon Town Hall, One Lake Street,
Avon, CO, 81620, or faxed to (970) 949-9139.
TOWN COUNCIL REVIEW PROCESS:
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
Landowners Committee and may take action to appoint five persons to the Landowners
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 Landowners 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
Landowners Committee with regard to voting as a member of the Landowners 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.
DEADLINE TO SUBMIT BALLOTS: 5:00 p.m. March 15, 2017
MEETING OF LANDOWNERS COMMITTEE: Time, date and place to be determined once
the Landowners Committee is appointed.
BALLOT MATERIALS: Included with this NOTICE is a Ballot to Vote to Terminate the
Benchmark Covenants and a Ballot to Appoint Five Persons to the Landowners Committee.
ADDITIONAL INFORMATION: The original Benchmark Covenants, including all
amendments and restatements, Town staff review materials and other information may be
obtained from the Town’s website at www.avon.org/benchmarkcovenants or from the Town
Clerk, at the Avon Town Hall, located at One Lake Street, Avon, Colorado, during normal
business hours.
Town of Avon
__________________________________________
Jennie Fancher, Town Mayor
OFFICIAL BALLOT FOR BENCHMARK AT BEAVER CREEK SUBDIVISION
BALLOT FOR
BENCHMARK AT BEAVER CREEK SUBDIVISION
Signature of Property Owner:
QUESTION NO. 1: Termination of Protective Covenants for Benchmark at Beaver Creek Subdivision
as described in the Notice Dated February 2, 2017 included with this Ballot.
(Check only ONE of the following two choices):
I vote FOR termination of the Protective Covenants for Benchmark at Beaver Creek Subdivision.
I vote AGAINST termination of the Protective Covenants for Benchmark at Beaver Creek Subdivision.
QUESTION NO. 2: Vote for Owners to constitute the Land Owners Committee:
(CLEARLY PRINT the names of up to five persons who are land owners, or authorized representatives of a
land owner entity, in the Benchmark at Beaver Creek Subdivision).
(1)
(2)
(3)
(4)
(5)
This completed ballot MUST be received at the address below by Wednesday, March 15, 2017 by
5:00 p.m. via USPS First Class Mail sent to:
Avon Town Clerk
CONFIDENTIAL BALLOT
P.O. BOX 975
AVON, CO 81620
or may be hand-delivered to the Office of the Avon Town Clerk at the Avon Town Hall, One Lake
Street, Avon, CO, 81620; faxed to (970) 748-4417; or a scanned copy may be e-mailed to
dhoppe@avon.org.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Asst. Town Manager
Date: March 14, 2017
Re: 2017 Supplemental Budget Amendment Resolution No. 17-04
Action Before Council
A Capital Projects Fund budget amendment is being presented to Town Council to appropriate funds
for 2017 expenditures.
Proposed Motion
“I move to approve Resolution 17-04, A Resolution Summarizing Expenditures and Revenues and
Amending the 2017 Capital Projects Fund Budget for the Town of Avon for the Calendar Year 2017”.
Introduction
It has been the Town’s practice in the Capital Projects Fund to adopt a supplemental budget
amendment early in the year in order to update beginning fund balance estimates and review capital
improvement projects to determine if project costs should be updated based on more recent cost
estimates or if projects have been closed-out or if unspent project funds should be rolled forward. In
addition, new projects have been added since the 2017 budget was adopted in October, 2016.
Below is a summary of the proposed revisions. The revised estimated ending fund balance meets
staff’s recommended minimum fund balance of $1 million.
Capital Projects Fund
New Projects that are being proposed not previously included in the original 2017 budget
include the following. The amounts below are the proposed project costs:
• $60,000 - Sustainability/LEED Designation Commissioning in order to reach a Silver
Designation for New Town Hall;
• $135,275 - Fiber Connection from the public safety facility to new Town Hall, including
20% contingency;
• $45,000 – Post Blvd. Irrigation Wet Well project that will relocate the electrical controls
from the vault to the surface preventing them from being damaged when a pump or
valve fails.
• $250,000 – 2017 slurry seal project will resurface the lower section of Wildridge Road
that was widened in 2016, allowing for the road to be striped with the bike climbing
lane and West Beaver Creek Blvd from Lake Street to the railroad crossing.
• $300,000 - E. Benchmark Rd. / Beaver Creek Place. Full overlay and repair of curb,
gutter, and pedestrian paver crossings;
• $30,000 – 2017 Safety Improvements – West B/C Blvd. project will restrip the road to
the cross section that was approved by Town Council.
• $100,000 - 2017 Trail Improvements. This project is a reclassification of the Soft and
hard Surface Trail Improvements that were originally budgeted in the amount of
$150,000 last year. A total of $49,115 was spent on the Buck Creek Connector trail in
2016. The remaining funds will be spent to plan and study the 2 approved trails and if
time allows construct them.
Revised Projects included in the CIP long-range that are proposed to change in cost, scope, or
timing. The amounts below are the incremental cost increases:
• $53,964 – Fiber connection from the Avon Regional Transportation Facility to the new
Public Safety Facility;
• $410,000 – Eaglebend Dr. and Nottingham Rd. street improvements project is being
expanded to include resurfacing all of Nottingham Rd.
• $405,739 – The West B/C Blvd. streetscape project budget is being expanded based on
the latest cost estimate.
Rollover Projects that were included in the previous year budget that are not yet completed.
The amounts below are the costs that were not previously included as a carryover in the original
2017 budget :
• $152,162 - New Town Hall tenant finish design;
• $117,264 – Public Safety Facility design;
• $3,734,256 – Public Safety Facility construction;
• $2,567 – Transit Bus Stop at Traer Creek Plaza;
• $7,751 – Transit Bus Stop at Eaglebend / US Hwy 6;
• $20,504 – Nottingham Pavilion retractable door;
• $7,123 – Nottingham Park Restroom Remodel;
• $10,000 – Eagle River Whitewater Park repair;
• $12,209 - Avon Rd. / I70 Overpass Pedestrian Safety Improvements;
• $20,855 – Wayfinding Signage;
• $65,450 – Post Blvd. Settlement Repair;
• $67,166 – Wildwood Road Repair;
• $4,030 – West B/C Blvd. RR Crossing Improvements
Other Fund Considerations
• 14 projects totaling $5,633,341 were completed in 2016 at a savings of $232,484
compared to the project budget.
• An ECO grant for $30,000 for reimbursement of the Traer Creek Plaza bus stop that was
originally budgeted in the 2016 budget but not received was carried forward to 2017.
• Estimated interest earnings were revised up based on increased yields and investment
balances.
• Added Operating Transfers-in from unassigned fund balances of the General Fund of
$1,000,000.
• Added Operating Transfers-in from the Water Fund for the Debris Flow Study Project.
• Revised beginning 2017 fund balance based on unaudited actual 2016 year-end results.
The net impact to the overall ending fund balance of the Capital Projects Fund of all the above
revisions is an increase of $341,235. The unreserved fund balance is revised to $1,629,406 from
$1,288,171.
Road Improvement Projects
As an attachment to this memo, Matt Pielsticker and Justin Hildreth have prepared a memo
summarizing the projects that will improve pedestrian and bicycle safety.
Attachments:
1. Resolution No. 17-04
2. Capital Projects Fund Supplemental Amendment No. 1
3. Memorandum re: 2017 Road Improvements
TOWN OF AVON, COLORADO
RESOLUTION NO. 17-04 SERIES OF 2017
A RESOLUTION TO AMEND THE 2017 TOWN OF AVON CAPITAL
PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2017 CAPITAL PROJECTS FUND BUDGET FOR THE
TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING
ON THE FIRST DAY OF JANUARY, 2017 AND ENDING ON THE LAST DAY OF DECEMBER, 2017
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2017 Capital Projects Fund budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2017; and
WHEREAS, the Town Council finds it necessary to amend the 2017 Capital
Projects Fund budget to more accurately reflect the revenues and expenditures for 2017; and
WHEREAS, the Town Council has caused to be published a notice containing
the date and time of a public hearing at which the adoption of the proposed budget
amendment will be considered and a statement that the proposed budget amendment is
available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon
may file any objection to the proposed budget amendment at any time prior to the final
adoption of the proposed budget amendment; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the Capital Projects Fund are revised as follows for 2017:
ATTACHMENT 1
Original or Previously
Amended
2017 Budget
Current Proposed
Amended
2017 Budget
Capital Projects Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 4,840,168
5,858,460
8,690,457
$ 10,416,611
6,978,000
15,045,205
Ending Fund Balance
$ 2,008,171
$ 2,349,406
Section 2. That the Capital Projects Fund budget, as submitted, amended, and
hereinabove summarized by fund, hereby is approved and adopted as the capital program
budget of the Town of Avon for the year stated above.
Section 3. That the Capital Projects Fund budget as hereby approved and adopted
shall be signed by the Mayor and made part of the public record of the Town.
ADOPTED this 14th day of March, 2017.
AVON TOWN COUNCIL
By:______________________________ Attest:________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ATTACHMENT 1
Fund Summary
Original or Proposed
Prev. Amended Revised Difference
Actual Budget Budget Increase
2016 2017 2017 (Decrease)
REVENUES
Taxes 3,497,602$ 2,200,000$ 2,200,000$ -$
Intergovernmental 1,854,136 390,000 420,000 30,000
Investment Earnings 60,646 10,460 75,000 64,540
Other Revenue 159,549 80,000 80,000 -
Total Revenues 5,571,933 2,680,460 2,775,000 94,540
Other Sources:
Transfer In from Other Funds 1,943,200 3,178,000 4,203,000 1,025,000
Bond Issue Proceeds 6,602,205 - - -
Total Other Sources 8,545,405 3,178,000 4,203,000 1,025,000
TOTAL REVENUES AND OTHER SOURCES 14,117,338 5,858,460 6,978,000 1,119,540
EXPENDITURES
Capital Improvements:
Facilities 4,826,688 2,961,841 7,183,137 4,221,296
Land and Land Improvements 119,077 1,220,150 1,237,273 17,123
Roads and Streets 3,718,368 3,110,000 4,894,539 1,784,539
Water Fund Projects 129,796 25,000 25,000 -
Communications and Technology 35,182 - - -
Strategic Planning - - 75,000 75,000
Other 2,851 - - -
Debt Service:
Bond Issuance Costs 147,270 - - -
Capital Leases 121,769 121,770 121,770 -
Contingency - - 250,000 250,000
Total Expenditures 9,101,001 7,438,761 13,786,719 6,347,958
Other Uses
Operating Transfer-Out - General Fund 219,735 226,327 233,117 6,790
Operating Transfer-Out - Debt Service Fund 578,808 1,025,369 1,025,369 -
Total Other Uses 798,543 1,251,696 1,258,486 6,790
TOTAL EXPENDITURES AND OTHER USES 9,899,544 8,690,457 15,045,205 6,354,748
NET SOURCE (USE) OF FUNDS 4,217,794 (2,831,997) (8,067,205) (5,235,208)
FUND BALANCE, Beginning of Year 6,198,817 4,840,168 10,416,611 5,576,443
FUND BALANCE, End of Year 10,416,611$ 2,008,171$ 2,349,406$ 341,235$
Fund Balances
Restricted For:
Street Improvements 2,637,739$ -$ -$ -$
Asphalt Overlay 480,000 720,000 720,000 -
Unassigned and Unreserved 7,298,872 1,288,171 1,629,406 341,235
Total Fund Balances 10,416,611$ 2,008,171$ 2,349,406$ 341,235$
Capital Projects Fund #41 Supplemental Amendment No. 1
ATTACHMENT 2
Original or Proposed
Prev. Amended Revised Difference
Actual Budget Budget Increase
Description 2016 2017 2017 (Decrease)
Taxes:
Penalties and Interest 2,375$ -$ -$ -$
Real Estate Transfer Tax 3,495,227 2,200,000 2,200,000 -
Total Taxes 3,497,602 2,200,000 2,200,000 -
Intergovernmental:
Federal / State:
MAP-21 Grant (CFDA 20.205)1,355,000 - - -
GOCO Grant - Playground - 350,000 350,000
Local Government / Other:
ECO Grant - Traer Creek Bus Stop (50%)- - 30,000 30,000
Eagle County Trails Grant - Phase 3 459,136 - - -
Asphalt Overlay Contributions - TCMD 40,000 40,000 40,000 -
Total Intergovernmental 1,854,136 390,000 420,000 30,000
Investment Earnings:
Interest Earnings 53,516 10,460 75,000 64,540
Net Increase (Decrease) in Fair Value 7,130 - - -
Total Investment Earnings 60,646 10,460 75,000 64,540
Other Revenues:
Asphalt Overlay Contributions - Developer 80,000 80,000 80,000 -
Donations and Contributions 1,000 - - -
Project cost Reimbursements 77,153 - - -
Nonclassifed 1,396 - - -
Total Other Revenues 159,549 80,000 80,000 -
Other Sources:
Transfer In from General Fund:
Asphalt Overlay 120,000 120,000 120,000 -
Unassigned General Fund Balance 1,550,000 - 1,000,000 1,000,000
Transfer In from Avon URA - 2,900,000 2,900,000 -
Transfer In from Community Enhancement Fund 100,000 158,000 158,000 -
Transfer In from Water Fund 173,200 - 25,000 25,000
Bond Issue Proceeds 6,602,205 - - -
Total Other Sources 8,545,405 3,178,000 4,203,000 1,025,000
TOTAL REVENUES 14,117,338$ 5,858,460$ 6,978,000$ 1,119,540$
Revenue Detail
Capital Projects Fund #41
Supplemental Amendment No. 1
ATTACHMENT 2
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2015 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2016 2017 2017 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Facilities:
General Government Facilities:
11014 New Town Hall Tenant Finish Design -$ 37,838$ -$ 152,162$ 190,000$ 190,000$ 190,000$ -$
11015 New Town Hall Floor Expansion Feasibility Study - 10,082 - - 10,082 10,500 10,500 -
11013 Mountain Vista Office Building Purchase - 1,504,751 - - 1,504,751 1,500,925 1,500,925 -
11012 New Town Hall Tenant Finish - 62,447 2,699,500 2,637,053 2,699,500 2,699,500 2,699,500 -
New Town Hall Sustainability/LEED Designation - - - 60,000 60,000 - 60,000 60,000
Fiber - PSF to NTH - - - 135,275 135,275 - 135,275 135,275
Joint Public Safety Facility Project:
12003 Design 69,606 263,130 - 117,264 450,000 450,000 450,000 -
12004 Construction - 2,586,599 - 3,734,256 6,320,855 6,020,855 6,320,855 300,000
Fiber - ARTF to PSF - - 87,341 141,305 141,305 87,341 141,305 53,964
Transportation Facilities:
14014 Fleet Maintenance Building Improvements - 98,050 - - 98,050 90,000 90,000 -
14011 Transit Bus Shelters (4)19,382 130,833 - - 150,215 264,382 264,382 -
14012 Transit Bus Stop - Traer Creek Plaza 4,490 52,943 - 2,567 60,000 60,000 60,000 -
14013 Transit Bus Stop - Eaglebend / US Hwy 6 - 40,249 - 7,751 48,000 48,000 48,000 -
Cultural and Recreational Facilities:
15016 Recreation Center - Slide Refurbishment 23,730 35,270 - - 59,000 59,000 59,000 -
15018 Nottingham Park Pavilion - Retractable Door - 4,496 100,000 120,504 125,000 125,000 125,000 -
15017 Recreation Center - Fitness Floor - - 75,000 75,000 75,000 75,000 75,000 -
Land and Land Improvements:
21016 Nottingham Park Zone C Improvements - Playground 3,966 70,000 798,300 798,300 872,266 872,266 872,266 -
21017 Nottingham Park - Remodel Restrooms - 21,027 221,850 228,973 250,000 250,000 250,000 -
21022 Eagle River Whitewater Park Repair - - - 10,000 10,000 10,000 10,000 -
21023 Eaglebend Affordable Housing Landscaping - 28,050 - - 28,050 28,050 28,050 -
21024 Nottingham Park Light Upgrade - 125,000 125,000 125,000 125,000 125,000 -
21025 Nottingham Park Northside Port-a-Potty Sheds - 75,000 75,000 75,000 75,000 75,000 -
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41 Supplemental Amendment No. 1
ATTACHMENT 2
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2015 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2016 2017 2017 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41 Supplemental Amendment No. 1
Roads and Streets:
Streetscape Improvements
31022 Avon Rd. / I70 Overpass Pedestrian Safety Imp.- 12,209 - 75,791 88,000 88,000 88,000 -
31023 Metcalf Road - Retaining Wall Stabilization - - 100,000 100,000 100,000 100,000 100,000 -
31025 2015 Avon Rd. Landscaping Project 438,130 (1,786) - - 436,344 485,000 485,000 -
31029 Wayfinding Signage - 24,145 - 20,855 45,000 45,000 45,000 -
Post Blvd. Irrigation Wet Well - - - 45,000 45,000 - 45,000 45,000
Annual Street Maintenance and Repair:
2017 Annual Slurry Seals - - - 250,000 250,000 - 250,000 250,000
32018 Post Blvd. Settlement Repair - 9,550 - 65,450 75,000 75,000 75,000 -
32019 Wildwood Road Repair - 7,834 - 67,166 75,000 75,000 75,000 -
34032 Eaglebend Dr. & Nottingham Rd. Repaving - 7,500 250,000 652,500 660,000 250,000 660,000 410,000
E. Benchmark Rd / Beaver Creek Place - - - 300,000 300,000 - 300,000 300,000
Street Improvements
34014 Metcalf Bike Lane - Phase 1 & Phase 2 32,883 1,035,873 - - 1,068,756 1,082,300 1,082,300 -
34033 Walkability - East & West B/C Blvd.1,254 85,738 2,500,000 3,023,747 3,110,739 2,705,000 3,110,739 405,739
32020 2016 Safety Improvements - West B/C Blvd - 43,657 - - 43,657 50,000 50,000 -
2017 Safety Improvements - West B/C Blvd - - - 30,000 30,000 - 30,000 30,000
32021 West B/C Blvd. RR Crossing Improvements - 5,970 100,000 104,030 110,000 110,000 110,000 -
32023 Nottingham Rd. Pedestrian Crossings (3)- - 60,000 60,000 60,000 60,000 60,000 -
Multi-Modal/Alternative Mobility:
34015/34021 Eagle Valley Trails - Phase 3 32,589 2,341,526 - - 2,374,115 2,460,000 2,460,000 -
34016 Eagle Valley Trails - Undergrounding Project - 97,037 - - 97,037 100,000 100,000 -
Recreational Trails Program:
34027 Soft and Hard Surface Trail Improvements - 49,115 100,000 - 49,115 150,000 50,000 (100,000)
2017 Trail improvements - - - 100,000 100,000 - 100,000 100,000
Water Fund Projects:
21020 Pumphouse Pump Replacement - 129,796 - - 129,796 150,000 150,000 -
21026 Nottingham Rd. Debris Flow Study and Imp. / Sidewalk - - 25,000 25,000 25,000 25,000 25,000 -
ATTACHMENT 2
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2015 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2016 2017 2017 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41 Supplemental Amendment No. 1
Communications and Technology:
81008 Fullcourt - 31,648 - - 31,648 30,668 30,668 -
81010 Timekeeping Software and Peripheral Devices 31,799 3,534 - - 35,333 35,000 35,000 -
Strategic Planning:
79113 Tract G/Core Parking Plan - - - 75,000 75,000 75,000 75,000 -
Other:
93012 Historical Preservation - 2,851 - - 2,851 5,000 5,000 -
Total Capital Improvement Projects 657,829$ 8,831,962$ 7,316,991$ 13,414,949$ 22,904,740$ 21,196,787$ 23,186,765$ 1,989,978$
ATTACHMENT 2
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Matt Pielsticker, Planning Director
Meeting Date: March 14, 2017
Agenda Topic: Summary of 2017 Pedestrian and Bicycle Improvement Projects in the Town
SUMMARY
One of the Tier One priorities in the 2017-2018 Strategic Plan is to invest in multi-modal
improvements that prioritize walkability and bicycle use on streets, in conjunction with
transit, parking and wayfinding. In addition to more wayfinding signage around the Town
core area, the following summarizes the projects proposed in 2017 that will implement these
objectives.
Eaglebend Drive
• Full asphalt overlay from Stonebridge Drive to cul-de-sac,
• Remove double yellow lines and maintain speed bump.
West Beaver Creek Boulevard
• Repainting from Avon Road to Lake Street with final redesign plan.
• Slurry seal from Lake Street to Railroad tracks, and add bike lanes on both sides of
the street.
• Removal of double yellow lines and narrowing of vehicular travel way to 20-Ft wide
• Installation of sidewalks at the Railroad crossing and repairs to adjacent sidewalks,
ADA ramps and damaged curb/gutter in the area. The application to the PUC has
been submitted and the railroad is not opposing the application.
Beaver Creek Place and E Benchmark Road
• Full overlay and repair of damaged curb, gutter, ADA ramps and pedestrian paver
crossings.
Nottingham Road
• Full overlay from Avon Road Roundabout to cul-de-sac.
• New painted pedestrian crossing at Buck Creek trail crossing with crosswalk signage.
• New painted crosswalk connecting to paved recreation path added at
church/Chambertin Townhomes driveway, with signage and stairs.
ATTACHMENT 3
• New painted crosswalk connecting to paved recreation path added at Snowrun
Townhome driveway with pedestrian crossing signage and striping.
• New painted crosswalk connecting to paved recreation path added at Grandview
Townhomes driveway, with signage and stairs.
• Trail crossing painted and signed at Metcalf Road intersection connecting paved
recreation path to Metcalf Road bike climbing lane.
• Remove double yellow line on Nottingham Road from Metcalf Road to cul-de-sac and
improve parallel parking with millings.
• Wayfinding to West Avon Preserve trailhead, as well as soft surface trail connecting
paved recreation path (if feasible).
Lower Wildridge Road
• A new slurry seal and addition of striping for bicycle climbing lane.
Avon Road
• Additional pedestrian crossing signage.
ATTACHMENT 3
Ordinance 17-05 Title 7: Development Code Amendments 1
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: Public Hearing and Second 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 second and final reading of Ordinance 17-05, thereby approving Title 7:
Development Code Amendments.”
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
Ord. 17-05 – Amending Development Code
SECOND READING – March 14, 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
SECOND READING – March 14, 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
SECOND READING – March 14, 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 fewer 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
SECOND READING – March 14, 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
SECOND READING – March 14, 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
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ord No. 17-04 First Reading: Sales Tax Definitions, Business License, Panhandling
DATE: March 9, 2017
SUMMARY: Council held a work session on February 14, 2017 to review proposed revisions to the
Sales Tax Definitions, Business License applicability and provisions on Pan-Handling. From this work
session, Council provided direction to proceed with a first reading of an ordinance to amend the Avon
Municipal Code.
PROPOSED MOTION: “I move to approve Ordinance No. 17-04 AMENDING AVON MUNICIPAL
CODE SECTIONS 3.08.010; 3.08.040; 3.28.020; 5.04.010; AND 9.16.050 on First Reading.”
CML STANDARDIZED SALES TAX DEFINITIONS: In 2014, the Colorado legislature adopted Senate
Joint Resolution 14-038 which urged Colorado home rule municipalities to work with the Colorado
Municipal League (“CML”) to prepare uniform definitions for sales tax regulations. The CML worked
with many municipalities over the last two years on a “Standardized Sales Tax Project” which resulted
in proposed uniform definitions for sales tax regulations. The proposed standardized sale tax
definitions from this CML project have been reviewed with Avon’s definitions in its sales tax
regulations.
The CML definitions has many more definitions which are not necessary or relevant for Avon’s
needs (e.g. definitions for aircraft). There is neither an obligation nor expectation that each home rule
municipality will adopt and incorporate 100% of the standardized definition. The wording of nearly all
of the definitions in Avon’s sales tax regulations have been revised to match the proposed
standardized definitions.
THE REVISION OF DEFINITIONS IN AVON’S SALES TAX REGULATIONS WILL NOT INCREASE
OR EXPAND OR DECREASE OR REDUCE THE APPLICATION OF AVON’S SALES TAX. TABOR
does not allow any tax policy change that would increase or expand the application of an existing tax
without voter approval.
BUSINESS LICENSES: The current definition of persons who are required to obtain a business
license is fairly broad. This has resulted in a large number of businesses that are subject to the
requirement, but which do not regularly conduct business in Avon, which has resulted in considerable
administration for business license compliance, especially business license renewals. Finance staff is
recommending consideration of a change to business licenses requirements to narrow its applicability.
The existing definition is below, which was revised in 2015 to be consistent with the sales tax license:
5.04.010. - Applicability.
Any person, as defined in AMC section 1.04.010 definitions, engaged in business in
the town, as defined in AMC section 3.08.010 and any person who advertises for
accommodation use of a property in the Town of Avon shall first have applied for and
received a business license issued by the finance director.
M EMORANDUM & PLANNING, LLC
Avon Town Council
Ord No. 17-04
March 9, 2017
Page 2 of 3
Section 3.08.010 defines “Engaged in Business in the Town” as:
Engaged in business in the Town means performing or providing services or
selling, leasing, renting, delivering or installing tangible personal property for storage,
use or consumption within the Town. Engaged in business in the Town includes, but is
not limited to, any one (1) of the following activities by a person.
a. Directly, indirectly or by a subsidiary maintains a building, store,
office, salesroom, warehouse or other place of business within the
taxing jurisdiction;
b. Sends one (1) or more employees, agents or commissioned
salespersons into the taxing jurisdiction to solicit business or to install,
assemble, repair, service or assist in the use of its products, or for
demonstration or other reasons;
c. Maintains one (1) or more employees, agents or
commissioned salespersons on duty at a location within the
taxing jurisdiction;
d. Owns, leases, rents or otherwise exercises control over real or
personal property within the taxing jurisdiction; or
e. Makes more than one (1) delivery into the taxing jurisdiction
within a twelve-month period.
A proposed revised definition for consideration is as follows:
5.04.010. - Applicability.
Any person, as defined in AMC Section 1.04.010 definitions, engaged in business in
the Town, as defined in AMC Sub-Sections 3.08.010. a., c., d., and e. and any person
who advertises for accommodation use of a property in the Town of Avon shall first
have applied for and received a business license issued by the finance director.
This revised definition of applicability would eliminate those who are temporarily in Town doing business
but who do not have a regular place of business within Town (e.g. realtors, accountants, attorneys,
therapists, etc.) AMC 5.04.080 Vendor Regulations does not mandate that vendors obtain a business
license and authorize the Town Manager to adopt additional regulations.
PANHANDLING: The Town received correspondence from the ACLU last fall stating that the Town of
Avon’s Municipal Code prohibition on loitering for the purpose of begging is unconstitutional and not
legally defensible. I agree that the provision is not appropriate and should be repealed. In 2015, a
federal District Court for Colorado ruled in Browne v. City of Grand Junction that language which
makes panhandling and begging a violation is unconstitutional. The Avon Municipal Code language is
reprinted below along with the proposed deletion.
Avon Town Council
Ord No. 17-04
March 9, 2017
Page 3 of 3
9.16.050 - Loitering.
(a) Loiter means to be dilatory, to stand idly around, to linger, delay or wander about, or to
remain, abide or tarry in a public place.
(b) A person commits loitering if he or she does any of the following:
(1) Loiters for the purpose of begging; or
(2) Loiters for the purpose of unlawful gambling with cards, dice or other gambling
paraphernalia; or
(3) Loiters for the purpose of engaging or soliciting another person to engage in
prostitution or deviate sexual intercourse; or
(4) Loiters in or about a school building or grounds, not having any reason or
responsibility for a pupil or any other specific legitimate reason for being there, and
not having written permission from a school administrator; or in or about a public
building except in the exercise of the right of assembly, free speech or peaceful
petition; or
(5) Loiters with one (1) or more persons for the purpose of unlawfully using or
possessing a narcotic or dangerous drug; or
(6) Remains in or upon any private premises or place of business after having been asked
by the owner, lessee or manager thereof to leave.
Thank you, Eric
ATTACHMENT A: Ordinance No. 17-04
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
FIRST READING – March 14, 2017
Page 1 of 4
TOWN OF AVON, COLORADO
ORDINANCE 17-04
AMENDING AVON MUNICIPAL CODE SECTIONS 3.08.010; 3.08.040;
3.28.020; 5.04.010; AND 9.16.050
WHEREAS, the Colorado legislature has encouraged the establishment and adoption of
uniform definitions for sales tax regulations and has asked the Colorado Municipal League to
facilitate and lead a statewide effort to develop such uniform definitions; and
WHEREAS, the Colorado Municipal League has proposed uniform definitions for sales tax
regulations; and
WHEREAS, the Town of Avon finds that the amend to the applicability of business licenses
will improve the efficiency of the Town’s administration and enforcement of business licensing;
and
WHEREAS, the Town of Avon finds that updating its loitering regulations is necessary to
reflect current laws; 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; 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 3.08.010. Avon Municipal Code
Section 3.08.010 is 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 Section 3.08.010 Words and phrases defined, attached hereto.
ATTACHMENT A
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
FIRST READING – March 14, 2017
Page 2 of 4
Section 3. Amendment to Avon Municipal Code Section 3.08.040. Avon Municipal Code
Sections 3.08.040 is hereby amended to amend sub-sections (4) and (8) and to add a new sub-
section (9) to read as follows:
(4) Medical supplies, prosthetic devices for humans, and therapeutic devices;
(8) Commercial packaging materials;
(9) Newspapers, as defined by Section 24-70-102, C.R.S., 1973.
Section 4. Amendment to Avon Municipal Code Section 3.28.020. Avon Municipal Code
section 3.28.020 is hereby amended to repeal and re-enact the definition of Hotel room,
condominium unit, or other accommodation to read as follows.
Hotel room, condominium unit, or other accommodation means providing
“Lodging services” as defined in 3.08.010.
Section 5. Amendment to Avon Municipal Code Section 5.04.010. Avon Municipal Code
Section 5.04.010 is hereby amended by repealing and re-enacting in its entirety to read as
follows:
5.04.010. - Applicability.
Any person, as defined in AMC Section 1.04.010 definitions, shall first have applied for and
received a business license issued by the finance director if such person,
(a) is engaged in business in the Town, as defined in AMC Section 3.08.010. Engaged in
business in Town, sub-sections a., c., d., or e.;
(b) advertises for “lodging services”, as defined in AMC Sections 3.08.010 Lodging services,
of a property in the Town of Avon; or
(c) is a “Contractor”, as defined in AMC Sections 3.08.010 Contractor.
The Town Manager may agree to exempt individual vendors for special events in the terms
of a special event agreement if the event producer or other party agrees to obtain a business
license and oversee such individual vendors.
Section 6. Amendment to Avon Municipal Code Section 9.16.050. Avon Municipal Code
Section 9.16.050 Loitering, sub-section (b)(1) is hereby amended to read as follows:
“[RESERVED]”
Section 7. 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
ATTACHMENT A
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
FIRST READING – March 14, 2017
Page 3 of 4
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 8. 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 9. 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 10. 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 11. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 12. 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 March 14, 2017 and setting such public hearing for March 28, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
ATTACHMENT A
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
FIRST READING – March 14, 2017
Page 4 of 4
BY: ATTEST:
____________________________ ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on March 28, 2017.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT A
3.08.010 - Words and phrases defined.
The following words and phrases as used in this Chapter shall have the following meaning unless from the
context it clearly appears that a different meaning is indicated:
Access services means the services furnished by a local exchange company to its customers who
provide telecommunications services which allow them to provide such telecommunications services.
Auction means any sale where tangible personal property is sold by an auctioneer who is either the agent
for the owner of such property or is in fact the owner thereof.
Automotive vehicle means any vehicle or device in, upon or by which any person or property is or may be
transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air.
Automotive vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers or mobile homes.
Automotive vehicle shall not include devices moved by human power or used exclusively upon stationary rails or
tracks.
Business means all activities engaged in or caused to be engaged in with the object of gain, benefit or
advantage, direct or indirect.
Carrier access services means the services furnished by a local exchange company to its customers who
provide telecommunications services which allow them to provide such telecommunications services.
Charitable organization means any entity which:
a.a. Has been certified as a not-for-profitnonprofit organization under Section 501(c)(3) of the Internal
Revenue Code, and
b.b. Is a religious or charitable organization. As used in this definition, a charitable organization is an
organization which exclusively, and in a manner consistent with existing laws and for the benefit of
an indefinite number of persons or animals, freely and voluntarily ministers to the physical, mental or
spiritual needs of persons or animals, and which thereby lessens the burdens of government.
City or Town means the municipality of Avon.
Coin Operated Device means any device operated by coins or currency or any substitute therefor.
Collection Costs shall include, but is not limited to, all costs of audit, assessment, bank fees, hearings,
execution, lien filing, distraint, litigation, locksmith fees, auction fees and costs, prosecution and attorney fees.
Commercial packaging materials means containers, labels, and/or cases, that become part of the finished
product to the purchaser, used by or sold to a person engaged in manufacturing, compounding, wholesaling,
jobbing, retailing, packaging, distributing or bottling for sale, profit or use, and is not returnable to said person for
reuse. Commercial Packaging Materials does not include Commercial Shipping Materials.
Commercial shipping materials means materials that do not become part of the finished product to the
purchaser which are used exclusively in the shipping process.
Commercial shipping materials include but are not limited to containers, labels, pallets, banding material
and fasteners, shipping cases, shrink wrap, bubble wrap or other forms of binding, padding or protection.
Construction equipment means any equipment, including mobile machinery and mobile equipment, which
ATTACHMENT A EXHIBIT A to Ord No 17-04
is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real property,
building, structure or infrastructure.
Construction materials means tangible personal property which, when combined with other tangible
personal property, loses its identity to become an integral and inseparable part of a completed structure or project
including public and private improvements. Construction materials include, but are not limited to, such things as:
asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections,
fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime,
lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures,
putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone,
stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wall paper, weather stripping,
wire netting and screen, water mains and meters and wood preserver. The above materials, when used for forms,
or other items which do not remain as an integral orand inseparable part of a completed structure or project are
not construction materials.
Consumer means:
a. Any individual any person; or
b. A person engaged in business in the Town who purchases, uses, stores, distributes or otherwise
consumes in the Town tangible personal property or taxable services, purchased from sources inside or outside
the Town.
Drugs dispensed in accordance with a prescription means drugs dispensed in accordance with any
order in writing, dated and signed by a licensed practitioner of the healing arts, or given orally by a
practitioner, and immediately reduced to writing by the pharmacist, assistant pharmacist or pharmacy intern,
specifying the name and address of the person for whom the medicine, drug or poison is offered and
directions, if any, to be placed on the label.
Contractor means any person who shall build, construct, reconstruct, alter, expand, modify, or improve
any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant
to an agreement. For purposes of this definition, Contractor also includes subcontractor.
Cover Charge means a charge paid to a club or similar entertainment establishment which may, or may not,
entitle the patron paying such charge to receive tangible personal property, such as food and/or beverages.
Distribution means the act of distributing any article of tangible personal property for use or consumption,
which may include, but not be limited to, the distribution of advertising gifts, shoppers guides, catalogs,
directories, or other property given as prizes, premiums, or for goodwill or in conjunction with the sales of other
commodities or services.
Engaged in business in the Town means performing or providing services or selling, leasing, renting,
delivering or installing tangible personal property for storage, use or consumption within the Town. Engaged in
business in the Town includes, but is not limited to, any one (1) of the following activities by a person.
a. a. Directly, indirectly or by a subsidiary maintains a building, store, office, salesroom, warehouse
or other place of business within the taxing jurisdiction;
b. b. Sends one (1) or more employees, agents or commissioned salespersons into the taxing
jurisdiction to solicit business or to install, assemble, repair, service or assist in the use of its products,
ATTACHMENT A EXHIBIT A to Ord No 17-04
or for demonstration or other reasons;
c. c. Maintains one (1) or more employees, agents or commissioned salespersons on duty at a
location within the taxing jurisdiction;
d. d. Owns, leases, rents or otherwise exercises control over real or personal property within the
taxing jurisdiction; or
e. Makes more than one (1) delivery into the taxing jurisdiction within a twelve-month
period.
e. Exempt commercial packaging materials by any means containers, labels and shipping cases sold toother
than a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging,
distributing or bottling for sale, profit or use that meet all of the following conditions: common carrier.
a. Are used by the manufacturer, compounder, wholesaler, jobber, retailer, packager, distributor or
bottler to contain or label the finished product;
b. Are transferred by the person along with and as a part of the finished product to the purchaser;
and
c. Are not returnable to the person for reuse.
Farm closeout sale means full and final disposition of all tangible personal property previously used by
a farmer or rancher in farming or ranching operations which are being abandoned.
Finance Director, Director of Finance or Director means the Finance Director of Avon or such other
person designated by the municipality; Finance Director shall also include such person's designee.
Food for home consumption means food for domestic home consumption as defined in 7 U.S.C. Section
2012(g) k)(2014)as amended, for purposes of the federal food stampsupplemental nutrition assistance program,
or any successor program, as defined in 7 U.S.C. Section 2012(ht), as amended, except that food does not
include carbonated water marketed in containers; chewing gum; seeds and plants to grow food; prepared salads
and salad bars; cold sandwiches; deli trays; and foodhot or drinkcold beverages served in unsealed containers
or cups that are vended by or through machines or noncoinnon-coin-operated coin-collecting food and snack
devices on behalf of a vendor.
Gross sales means the total amount received in money, credit, property or other consideration valued in
money for all sales, leases or rentals of tangible personal property or services.
License means an Avon sales and use tax license.
LinenInternet access services means services involving provisionthat provide or enable computer access
by multiple users to the Internet, but shall not include that portion of packaged or bundled services providing
phone or television cable services when the package or bundle includes the sale of Internet Access Services.
Internet subscription services means software programs, systems, data and applications available online
through rental, lease or subscription, that provide information and cleaning of linens,services including, but not
limited to rags, uniforms, coveralls and diapers. , data linking, data research, data analysis, data filtering or record
compiling.
License means an Avon sales tax license.
Lodging services means the furnishing of rooms or accommodations by any person, partnership,
association, corporation, estate, representative capacity or any other combination of individuals by whatever
ATTACHMENT A EXHIBIT A to Ord No 17-04
name known, to a person who for a consideration uses, possesses or has the right to use or possess any room
in a hotel, inn, bed and breakfast, condominium unit, timeshare unit, residence apartment hotel, lodging house,
motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, trailer court and park or similar
establishment, for a period of lessfewer than thirty (30) days under any concession, permit, right of access,
license to use, other agreement or otherwise.
Machinery means any apparatus consisting of interrelated parts used to produce an article of tangible
personal property. The term includes both the basic unit and any adjunct or attachment necessary for the basic
unit to accomplish its intended function.
Manufacturing means the operation and performance of an integrated series of operations which places a
product, article, substance, commodity, or other tangible personal property in a form, composition or character
different from that in which it was acquired whether for sale or for use by a manufacturer. The change in form,
composition or character must result in a different product having a distinctive name, character or use from the
raw or prepared materials.
Medical supplies means prescription drugs for humans, prosthetic medical and dental appliances for
humans and special beds for human patients with neuromuscular or similar debilitating ailments, when sold for
the direct, personal use of a specific individual in accordance with a prescription or other written directive issued
by a licensed practitioner of medicine, dentistry or podiatry; corrective eyeglass lenses (including eyeglass
frames), and corrective contact lenses, when sold for the direct, personal use of a specific individual in
accordance with a prescription or other written directive issued by a licensed practitioner of medicine or
optometry; wheelchairs and crutches, when sold for the direct, personal use of a specific individual; oxygen and
hemodialysis products for use by a medical patient, hearing aids, hearing aid batteries, insulin, insulin-measuring
and -injecting devices, glucose to be used for treatment of insulin reactions and human whole blood, plasma,
blood products and derivatives. This exemption excludes items purchased for use by medical and dental
practitioners or medical facilities in providing their services, even though certain of those items may be packaged
for single use by individual patients after which the item would be discarded.
Mobile machinery and self-propelled construction equipment means those vehicles, self-propelled or
otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways,
and those motor vehicles which may have originally been designed for the transportation of persons or cargo
over the public highways, and those motor vehicles which may have originally been designed for the
transportation of persons or cargo but which have been redesigned or modified by the mounting thereon of
special equipment or machinery, and which may be only incidentally operated or moved over the public highways.
This definition includes but is not limited to wheeled vehicles commonly used in the construction, maintenance
and repair of roadways, the drilling of wells and the digging of ditches.
Newspaper means a publication, printed on newsprint, intended for general circulation and published
regularly at short intervals, containing information and editorials on current events and news of general interest.
The term newspaper does not include magazines, trade publications or journals, credit bulletins, advertising
inserts, circulars, directories, maps, racing programs, reprints, newspaper clipping and mailing services or
listings, publications that include an updating or revision service or books or pocket editions of books.
Pay television means and includes, but shall not be limited to cable, microwave or other television
service for which a charge is imposed.
Person means any individual, firm, partnership, joint venture, corporation, limited liability company, estate or
trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether
ATTACHMENT A EXHIBIT A to Ord No 17-04
appointed by court or otherwise, or any group or combination acting as a unit.
Preprinted newspaper supplements means inserts, attachments or supplements circulated in
newspapers that:
a. Are primarily devoted to advertising; and
b. The distribution, insertion or attachment of which is commonly paid for by the advertiser.
Prescription drugs for animals means drugsa drug which, prior to being dispensed or delivered, is required
by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq. as amended, to state at a minimum
the symbol “Rx Only”, and is dispensed in accordance with any order in writing, dated and signed by a practitioner,
or given orally by a practitioner,licensed veterinarian specifying the animal for which the medicine or drug is
offered and directions, if any; to be placed on the label.
Prescription drugs for humans means a drug which, prior to being dispensed or delivered, is required by
the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum
the symbol “Rx Only”, and is dispensed in accordance with any written or electronic order dated and signed by
a licensed practitioner of the healing arts, or given orally by a practitioner and immediately reduced to writing by
the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and any required information of
the patient for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label.
Price or purchase price means the aggregate value measured in currency paid or delivered or promised to
be paid or delivered in consummation of a sale, without any discount from the price to the consumer,, on account
of the cost of the materials uses, labor or service cost, and exclusive of any direct tax imposed by the federal
government or by this Chapter, and, in the case of all retail sales involving the exchange of property, also
exclusive of the fair market value of the property exchanged at the same time and place of the exchange, if:
a. a. Such exchanged property is to be sold thereafter in the usual course of the retailer's business,
or
b. b. Such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles
are subject to licensing, registration or certification under the laws of this State, including, but not limited
to, vehicles operating upon public highways, off-highway recreation vehicles, watercraft and aircraft.
Any money or other consideration paid over and above the value of the exchanged property is subject
to tax.
Price or purchase price includes:
a. a. The amount of money received or due in cash and credits;
b. b. Property at fair market value taken in exchange but not for resale in the usual course of the
retailer's business;
c. c. Any consideration valued in money, such as trading stamps or coupons whereby the manufacturer
or someone else reimburses the retailer for part of the purchase price and other media of exchange;
d. d. The total price charged on credit sales including finance charges which are not separately stated
at the time of sale. An amount charged as interest on the unpaid balance of the purchase price is not
part of the purchase price unless the amount added to the purchase price is included in the principal
amount of a promissory note; except, the interest or carrying charge set out separately from the unpaid
balance of the purchase price on the face of the note is not part of the purchase price. An amount charged
ATTACHMENT A EXHIBIT A to Ord No 17-04
for insurance on the property sold and separately stated at the time of sale is not part of the purchase
price;
e. e. Installation, applying, remodeling or repairing the property, delivery and wheeling-in charges
included in the purchase price and not separately stated;
f. f. Transportation and other charges to effect delivery of tangible personal property to the
purchaser;
g. g. Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor stock;
h. h. The gross purchase price of articles sold after manufacturing or after having been made to
order, including the gross value of all the materials used, labor and service performed and the profit
thereon.
Price or purchase price shall not include:
a. a. Any sales or use tax imposed by the State or by any political subdivision thereof;
b. b. The fair market value of property exchanged if such property is to be sold thereafter in the
retailer's usual course of business. This is not limited to exchanges in Colorado. Out-of-state trade-ins
are an allowable adjustment to the purchase price;
c. c. Discounts from the original price if such discount and the corresponding decrease in sales tax
due is actually passed on to the purchaser., and the seller is not reimbursed for the discount by the
manufacturer or someone else. An anticipated discount to be allowed for payment on or before a
given date is not an allowable adjustment to the price in reporting gross sales.
Private communications services means telecommunications services furnished to a subscriber, which
entitle the subscriber to exclusive or priority use of any communication channel or groups of channels, or to
the exclusive or priority use of any interstate inter-communications system for the subscriber's stations.
Prosthetic devices for animals means any artificial limb, part, device or appliance for humananimal use
which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted
to fit a particular individualpatient; and is prescribed by a licensed practitioner of the healing artsveterinarian.
Prosthetic devices include but are not limited to: prescribed auditory, ophthalmic or ocular, cardiac, dental,
therapeutic or orthopedic devices or appliances, oxygen concentrators and oxygen with related accessories.
Prosthetic devices for humans means any artificial limb, part, device or appliance for human use which
replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a
particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include but
are not limited to: prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances,
oxygen concentrators with related accessories.
Purchase or sale means the acquisition for any consideration by any person of tangible personal property,
other taxable products or taxable services that are purchased, leased, rented, sold, used, stored, distributed or
consumed, but excludes a bona fide gift of property or services. These terms include capital leases, installment
and credit sales and property and services acquired by:
a. a. Transfer, either conditionally or absolutely, of title or possession or both to tangible personal
ATTACHMENT A EXHIBIT A to Ord No 17-04
property; , or other taxable products, or taxable services;
b. b. A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements,
to use tangible personal property, other taxable products or taxable services. The, the utilization of coin-
operated devices, except coin-operated telephones, which do not vend articles of tangible personal
property shall be considered short-term rentals of tangible personal property;
c. c. Performance of taxable services; or
d. d. Barter or exchange for other tangible personal property or services, including coupons.other
taxable products or services.
The terms purchase and sale do not include:
a. a. A division of partnership assets among the partners according to their interests in the
partnership;
b. b. The formation of a corporation by the owners of a business and the transfer of their business
assets to the corporation in exchange for all the corporation's outstanding stock, except qualifying
shares, in proportion to the assets contributed;
c. c. The transfer of assets of shareholders in the formation or dissolution of professional
corporations; , if no consideration including, but not limited to, the assumption of a liability is paid for the
transfer of assets;
d. d. The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if no
consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets;
e. e. A transfer of a partnership interest or limited liability company;
f. The transfer in a reorganization qualifying under Section 368(a)(1) of the Internal Revenue Code
of 1954, as amended;
f. g. The transfer of assets to a commencing or existing partnership or limited liability company, if no
consideration including, but not limited to, the assumption of a liability, is paid for the transfer of assets;
g. The formation of a partnership by the transfer of assets to the partnership or transfers to a partnership
in exchange for proportionate interests in the partnership;
h. h. The repossession of personal property by a chattel mortgage holder or foreclosure by a
lienholder;
i. i. The transfer of assets from a parent corporationcompany to a subsidiary corporationcompany
or corporationscompanies which are owned at least eighty percent (80%) by the parent
corporationcompany, which transfer is solely in exchange for stock or securities of the subsidiary
corporation; company;
j. j. The transfer of assets from a subsidiary corporation or corporations which are owned at least
eighty percent (80%) by the parent corporationcompany to a parent corporationcompany or to another
subsidiary which is owned at least eighty percent (80%) by the parent corporationcompany, which
transfer is solely in exchange for stock or securities of the parent corporationcompany or the subsidiary
ATTACHMENT A EXHIBIT A to Ord No 17-04
which received the assets;
k. k. The transfer of assets between parent and closely held subsidiary corporationscompanies, or
between subsidiary corporationscompanies closely held by the same parent corporationcompany,
or between corporationscompanies which are owned by the same shareholders in identical percentage
of stock ownership amounts, computed on a share-by- share basis, when a tax imposed by this Chapter
was paid by the transferor corporationcompany at the time it acquired such assets, except to the extent
that there is an increase in the fair market value of such assets resulting from the manufacturing,
fabricating or physical changing of the assets by the transferor corporationcompany. To such an extent
any transfer referred to in this Paragraph shall constitute a sale. For the purposes of this Paragraph, a
closely held subsidiary corporationcompany is one in which the parent corporationcompany owns stock
possessing at least eighty percent (80%) of the total combined voting power of all classes of stock
entitled to vote and owns at least eighty percent (80%) of the total number of shares of all other classes
of stock.
Recreation services means all services relating to athletic or entertainment participation events, including
but not limited to pool, golf, billiards, skating, tennis, bowling, health/athletic club memberships, coin-operated
amusement devices, video games and video club memberships.
Renewable Energy means any energy resource that is naturally regenerated over a short time scale and
derived directly from the sun (such as thermal, photochemical, and photoelectric), indirectly from the sun (such
as wind, hydropower, and photosynthetic energy stored in biomass), or from other natural movements and
mechanisms of the environment (such as geothermal and tidal energy). Renewable Energy does not include
energy resources derived from fossil fuels, waste products from fossil sources, or waste products from inorganic
sources.
Resident means a person who resides or maintains one or more places of business within the Town,
regardless of whether that person also resides or maintains a place of business outside of the Town.
Retail sales means all sales except wholesale sales.
Retailer means any person selling, leasing or, renting, or granting a license to use tangible personal property
or services at retail. Retailer shall include, but is not limited to, any:
a. a. Auctioneer;
b. b. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect
agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer. ;.
c. Charitable organization or governmental entity which makes sales of tangible personal property to the
public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation
or that the proceeds are to be used for charitable or governmental purposes;
d. Retailer-Contractor, when acting in the capacity of a seller of building supplies, construction materials,
and other tangible personal property.
Retailer-Contractor means a contractor who is also a retailer of building supplies, construction materials,
or other tangible personal property, and purchases, manufactures, or fabricates such property for sale (which
ATTACHMENT A EXHIBIT A to Ord No 17-04
may include installation), repair work, time and materials jobs, and/or lump sum contracts.
Return means any form prescribed by the salesTown administration for computing and use tax reporting
form used to report sales and use tax. a total tax liability.
Sales tax means the tax that is collected or required to be collected and remitted by a retailer on sales taxed
under this Code.
Security system services means electronic security system alarm and/or monitoring services. Such term
does not include nonelectronicnon-electronic security services such as consulting or human or guard dog patrol
services.
Software Program means a sequence of instructions that can be measured, interpreted and executed by
an electronic device (e.g. a computer, tablets, smart phones) regardless of the means by which it is accessed or
the medium of conveyance. Software program includes: (1) Custom software program, which is a software
program prepared to the special order or specifications of a single customer; (2) Pre-written software program,
which is a software program prepared for sale or license to multiple users, and not to the special order or
specifications of a single customer. Pre-written software is commonly referred to as “canned,” “off-the-shelf
(“COTS”),” “mass produced” or “standardized;” (3) Modified software, which means pre-written software that is
altered or enhanced by someone other than the purchaser to create a program for a particular user; and (4) The
generic term “software,” “software application,” as well as “updates,” “upgrades,” “patches,” “user exits,” and any
items which add or extend functionality to existing software programs.
Software as a Service means software that is rented, leased or subscribed to from a provider and used at
the consumer’s location, including but not limited to applications, systems or programs.
Software License Fee means a fee charged for the right to use, access, or maintain software programs.
Software Maintenance Agreement means an agreement, typically with a software provider, that may
include (1) provisions to maintain the right to use the software; (2) provisions for software upgrades including
code updates, version updates, code fix modifications, enhancements, and added or new functional capabilities
loaded into existing software, or (3) technical support.
Solar Thermal Systems means a system whose primary purpose is to use energy from the sun to produce
heat or cold for: (1) Heating or cooling a residential or commercial building; (2) Heating or cooling water; or (3)
Any industrial, commercial, or manufacturing process.
Sound system services means sound system services involvingthe provision of broadcast or
prerecordedpre-recorded audio programming to a building or portion thereof. Such term does not include
installation of sound systems where the entire system becomes the property of the building owner or the sound
system service is for presentation of live performances.
Storage means any keeping or retention of, or exercise dominion or control over, or possession of, for any
length of time, tangible personal property not while in transit but on a stand still basis for future use when leased,
rented or purchased at retail from sources either within or without the City from any person or vendor.
Tangible personal property means corporeal personal property. The term shall not, however, include
newspapers as defined by Section 24-70-102, C.R.S., 1973.personal property that can be one or more of the
following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner
ATTACHMENT A EXHIBIT A to Ord No 17-04
perceptible to the senses.
Tax means the use tax due from a consumer or the sales tax due from a retailer or the sum of both due from
a retailer who also consumes.
Tax deficiency means any amount of tax, penalty, interest, or other fee that is not reported and/or not paid
on or before the due date. that any return or payment of the tax is required under the terms of this Code.
Taxable sales means gross sales less any exemptions and deductions specified in this Code.
Taxable services means services subject to tax pursuant to this Code.
Taxpayer means any person obligated to collect and/or pay tax under the terms of this Code.
Telecommunications service means the service of which the object is the transmission of any two- way
interactive electromagnetic communications, including but not limited to voice, image, data and any other
information, by the use of any means, but not limited to wire, cable, fiber optical cable, microwave, radio wave or
any combinations of such media. Telecommunications service includes but is not limited to basic local exchange
telephone service, toll telephone service and teletypewriter service, including but not limited to residential and
business service, directory assistance, cellular mobile telephone or telecommunication service, specialized
mobile radio and two-way pagers and paging service, including any form of mobile two-way communication.
Telecommunications service does not include separately stated nontransmission services which constitute
computer processing applications used to act on the information to be transmitted.
Television & Entertainment Services means audio or visual content, that can be transmitted electronically
by any means, for which a charge is imposed.
Therapeutic device means devices, appliances or related accessories that are sold to correct or treat a
human physical disability or surgically created abnormality; if such device, appliance or related accessory has a
retail value of more than one hundred dollars ($100.00), it must be sold in accordance with a written
recommendation from a licensed doctor to qualify as a therapeutic device for purposes of this Code. .
Total tax liability means the total of all tax, penalties or interest owed by a taxpayer and shall include sales
tax collected in excess of such tax computed on total sales.
Use tax means the tax paid or required to be paid by a consumerexercise, for using, storing,
distributing or otherwise consumingany length of time by any person within the Town of any right, power or
dominion over tangible personal property or taxable services inside the Town.
WATS/800 service means any outboundwhen rented, leased or purchased at retail from sources either within or
inbound interstate wide area telecommunications service or other similar service which entitleswithout the subscriber,
upon payment of a periodic charge, based upon a flat amount and/Town from any person or vendor or usage, to make
or receive a large volume of telephonic communications to or from persons having telephone or radio telephone
stationsused in specified areas which are outside the telephone system areaperformance of a contract in which the
subscriber's stationTown whether such tangible personal property is located. owned or not owned by the taxpayer.
Use also includes the withdrawal of items from inventory for consumption.
Wholesale sales means salessale by wholesalers to licensed retailers, jobbers, dealers or other wholesalers
for resale. and does not include a sale by Wholesalers to users or consumers not for resale; latter types of sales
shall be deemed to be Retail Sales by wholesalers to consumers are not wholesale sales. Sales by wholesalers
ATTACHMENT A EXHIBIT A to Ord No 17-04
to nonlicensed retailers are not wholesale sales.and shall be subject to the provisions of this chapter.
Wholesaler means any person doing an organized wholesale or jobbing business and selling to retailers,
jobbers, dealers or other wholesalersWholesalers, for the purpose of resale, and not for storage, use,
consumption or distribution.
ATTACHMENT A EXHIBIT A to Ord No 17-04
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:04 p.m. A roll call was taken and Council members
present were Sarah Smith Hymes, Scott Prince, Amy Phillips and Megan Burch. Council member Matt
Gennett and Jake Wolf were absent. Also present were Town Manager Virginia Egger, Town Attorney
Eric Heil, Police Chief Greg Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet,
Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Town Clerk
Debbie Hoppe.
2. APPROVAL OF AGENDA
Start time: 00:02:36
Mayor Fancher made a request to remove item 6.1, Review of Town Council and Planning and Zoning
Commission Compensation to Consider Changes. She explained that more research needs to be completed
prior to the discussion. Council agreed to the change.
3. MEETING PROCEDURES FOR THE MEETING OF FEBRUARY 28, 2017
START TIME: 00:03:38
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
Mayor Fancher discussed the meeting procedures in an effort to make the meeting more expeditious.
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Start time: 00:04:37
Maria Desimone, an Avon resident, commented on the importance of implementing a plastic bag ban.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 2
5. ACTION ITEMS
Start time: 00:10:54
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)
Mike Albert with Design Workshop presented the Beaver Creek Boulevard Redesign Project.
Mayor Fancher opened the discussion for public comment and no comments were made.
Mayor Fancher stated that she believes the redesign of Beaver Creek Boulevard is a critical element
to the Town’s evolution. Mayor Fancher expressed her desire to improve the look of the Town and
its walkability score. She went on to say that the more attractive and desirable our Town is, the
stronger the draw to visitors and residents. Mayor Fancher expressed her hope that Council will
approve the design and move forward.
Councilor Phillips said she is concerned about not being able to take a left turn out of Avon Liquors.
She also suggested the bike lane should be more traditional. She thought the two lanes on the
roundabout when heading east from West Beaver Creek Boulevard is working better than three.
Also, she suggested looking at where there are three lanes on Avon Road in front of Vin48 and
narrowing it down to two because three lanes can confuse guests and makes it difficult for buses to
turn. Councilor Phillips also addressed a concern about a drainage issue at Lake Street and Beaver
Creek Boulevard.
Mayor Pro Tem Smith Hymes said she has waited 24 years for the redesign and would prefer to do it
all in one shot.
Councilor Prince asked Justin Hildreth, Town Engineer, about parking during winter conditions.
Justin responded that the parking spaces will be plowed out and the bike path also. One of
Councilor Prince’s main concerns is the budget. He expressed his overall support of the project and
thought it would be helpful to see the road striping as proposed. Virginia Egger, Town Manager,
clarified the budget stating the adopted budget has $2.5 million for this project. She said that based
on what has been presented, including the 30% contingency, it puts the project over the $2.5 million
mark. She went on to say that staff worked to ensure there was sufficient money for the Council to
appropriate and will be presented on March 14th as a priority if Council elects to move forward on this
project.
Councilor Burch thanked Design Workshop and staff and said she is excited to move forward on the
project.
Mayor Pro Tem Smith Hymes suggested looking at the storm sewer system in terms of making it as
effective as possible and to keep pollutants out of the watershed.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 3
Mayor Pro Tem Smith Hymes moved 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. Councilor Burch seconded the motion and it
passed unanimously by those present. Councilor Gennett and Councilor Wolf were absent.
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)
Start time: 00:77:27
Mayor Pro Tem Smith moved to appoint Gil Avellar, Doug Jimenez, Ruth Stanley, Megan Burch and
Jennie Fancher to the Landowner’s Committee. Councilor Phillips seconded the motion and it passed
unanimously by those present. Councilor Gennett and Councilor Wolf were absent.
Mayor Fancher moved to item 5.5, Public Hearing First Reading of Ordinance 17-05, Approving
Title 7: Development Code Text Amendments.
5.5. PUBLIC HEARING FIRST READING OF ORDINANCE 17-05, APPROVING TITLE 7: DEVELOPMENT CODE TEXT
AMENDMENTS (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 00:81:12
Matt Pielsticker, Planning Director, presented the item. Matt noted one change, which was
that the time frame for residential properties will be fewer than 30 days.
Mayor Fancher opened the Public Hearing and there were no comments made.
Councilor Phillips moved 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. Councilor
Burch seconded the motion and it passed unanimously by those present. Councilor Gennett and
Councilor Wolf were absent.
Mayor Fancher moved to item 5.6, Approval of the February 14, 2017 Meeting Minutes.
5.6. APPROVAL OF THE FEBRUARY 14, 2017 MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES)
Start time: 00:83:56
Councilor Phillips noted Kathy Ryan’s name was misspelled. Councilor Burch noted her name
needed to be added to item 5.2, number 4. Councilor Prince asked a note be added that he
recused himself from the Executive Session.
Councilor Phillips moved to approve the minutes, as amended, from February 14, 2017.
Councilor Prince seconded the motion and it passed unanimously by those present. Councilor
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 4
Gennett and Councilor Wolf were absent.
Mayor Fancher moved to item 8, Mayor & Council Comments & Meeting Updates.
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 00:86:27
Mayor Fancher explained that there has been a request for a formation of Eagle County Housing and
Development Authority Advisory Committee (ECHDA). She said it will be a nine member group
representing Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff, and Vail, as well as the unincorporated
areas of the Eagle River Valley portion of Eagle County and the unincorporated area of the Roaring
Fork Valley portion of Eagle County. Upon nomination by the Towns and Eagle County, these
members will be appointed to the board.
Councilor Phillips recommended including Beaver Creek.
Mayor Fancher moved to item 5.4, Review and Action Approving or Amending the New Town Hall
Program.
5.4 REVIEW AND ACTION APPROVING OR AMENDING THE NEW TOWN HALL PROGRAM
(TOWN MANAGER VIRGINIA EGGER)
Start time: 00:97:10
Will Bussard with Davis Partnership Architects and Virginia Egger, Town Manager, presented the item.
Councilor Phillips recommended public access to the restrooms from 7:00 p.m. to 10:00 p.m. and one
family restroom. Councilor Phillips wanted to know if the AV storage on the 1st floor would have sufficient
room for High Five Access Media equipment.
Justin Hildreth, Town Engineer, presented the budget for the New Town Hall project.
Mayor Fancher opened the meeting to comments from members of the public. There were no public
comments made.
Councilor Burch moved to approve the New Town Hall Program as presented. The motion also
contained a direction to staff to explore making the restrooms on the first floor accessible to
members of the public for a longer period of time. Mayor Pro Tem Smith Hymes seconded the
motion and it passed unanimously by those present. Councilor Gennett and Councilor Wolf were
absent.
Mayor Fancher moved to item 5.3, Public Hearing Second Reading of Ordinance 17-03, Amending
Avon Municipal Code Sections 5.12.090, 110, and 120 Concerning Vehicle Impoundment.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 5
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)
Start time: 00:141:52
Preston Neill, Executive Assistant to the Town Manager, and Eric Heil, Town Attorney, presented the
item. Eric Heil read a letter, submitted by Michael Repucci on behalf of Avon Center, into the record.
Mayor Fancher opened the discussion to members of the public. Nick Antuna took issue with the
way the Ordinance is written. He said that he has had conversations with Avon PD about what
happens when the booting company does not remove a boot within 90 minutes of a request. Nick
Antuna also stated that he has not been notified by the Municipal Court when there is a property
damage hearing and has not received restitution.
Mayor Fancher asked Greg Daly, Chief of Police, what happens if 90 minutes passes after a boot
removal request and a boot still remains on the vehicle. She asked if any of his officers have the tools
necessary to take a boot off. Greg Daly responded, “no.”
Andrei Litviakou with AT Booting, proposed a couple of changes to the Ordinance.
Judge Buck Allen spoke about requiring the owner of the booted vehicle to first contact the owner
of the property, or owner’s agent. He went on to say that the hearing is a secondary level if the issue
cannot be resolved between the principal and person booted.
Councilor Prince recommended implementing an annual and structured review of booting licenses to
include an evaluation of the number of boots placed and submitted complaints.
Councilor Smith Hymes moved to approve, with the changes recommended by Eric Heil, 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. Councilor Phillips seconded
the motion and it passed unanimously by those present. Councilor Gennett and Councilor Wolf
were absent.
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)
This item did not take place.
7. WRITTEN REPORTS
7.1. UERWA WATER RIGHTS REPORT
7.2. MONTHLY FINANCIALS REPORT
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 6
7.3. FORFEITURE REPORT
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 00:197:251
Mayor Fancher commented on the new wayfinding signs throughout Town. She said the library is
an essential element to the Town and made a request to staff to include the library in some of the
directional signs.
9. ADJOURNMENT
There being no further business to come before the Council, Mayor Fancher moved to adjourn the
regular meeting. Councilor Phillips seconded the motion and it passed unanimously by those present.
Councilor Gennett and Councilor Wolf were absent.
The time was 8:21 p.m.
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:
________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ________________________________
Sarah Smith Hymes ________________________________
Jake Wolf ________________________________
Megan Burch ________________________________
Matt Gennett ________________________________
Scott Prince ________________________________
Amy Phillips ________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Greg Daly, Chief of Police
Date: March 14, 2017
Agenda Topic: Intergovernmental Agreement (Amended) between Town of Avon and
Douglas County/Douglas County Sheriff’s Office regarding the Sexual Offender
Tracking and Registration (SOTAR) system.
ACTION BEFORE COUNCIL
Action on Intergovernmental Agreement between the Town of Avon and Douglas County/Douglas
County Sheriff’s Office regarding the Sexual Offender Tracking and Registration system.
RECOMMENDED MOTION
“I move to approve the Intergovernmental Agreement between the Town of Avon and Douglas
County/Douglas County Sheriff’s Office regarding the Sexual Offender Tracking and Registration
system.”
SUMMARY
Greg Daly, Chief of Police, is recommending approval of the attached Intergovernmental Agreement
(IGA) between the Town of Avon and Douglas County/Douglas County Sheriff’s Office regarding the
Sexual Offender Tracking and Registration (SOTAR) system.
This IGA amends the original IGA that the Town of Avon and Douglas County signed in 2013. SOTAR is a
collaborative resource in accordance with Colorado Revised Statute 16-22-110 that allows for many
agencies to register, track and share information regarding sex offenders in our communities within
one easy resource/database. Currently, all law enforcement agencies in Eagle County are utilizing
SOTAR. SOTAR also generates a public registry that is easily searchable and that can create an email
notification to citizens if they so choose. SOTAR is housed and maintained at the Douglas County
Sheriff’s Office, located in Castle Rock, Colorado. Currently, there is no fee for this service. Douglas
County requires this updated amended IGA to ensure that all user agencies, when accessing this
database, comply with other similar database security protocols, as required by the Federal Bureau of
Investigation and Colorado Bureau of Investigation. Eric Heil, Town Attorney, has reviewed and
approved this amended IGA.
ATTACHMENTS
Intergovernmental Agreement
SOTAR First Amendment Page | 1
FIRST AMENDMENT TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS AND THE
TOWN OF AVON/AVON POLICE DEPARTMENT
THIS FIRST AMENDMENT made this day of , 20 , by and between the Board of County Commissioners of the County of Douglas, State of Colorado (“DOUGLAS COUNTY”),
and the TOWN OF AVON/AVON POLICE DEPARTMENT hereinafter referred to as (“USER”),
hereinafter referred to jointly as the Parties (“PARTIES”); and
WHEREAS, DOUGLAS COUNTY developed a web-based interactive software program called
SOTARTM to manage and exchange information regarding sex offenders; and
WHEREAS, although the PARTIES entered into an Agreement granting the USER access to the SOTARTM SYSTEM, there are now certain FBI Criminal Justice Information Services (CJIS) Security Policies that must be adhered to when accessing the SOTARTM SYSTEM for LEA purposes; and
WHEREAS, effective upon the execution of this Amendment, the USER agrees to adhere to the
following when accessing the SOTARTM SYSTEM:
1. CCIC OSN Validation – Individuals authorized to access SOTAR will have a unique and active OSN
that is validated and authorized by the Colorado Bureau of Investigation. Individuals will not share
logins. USER is responsible for inactivating users who leave the agency or are otherwise ineligible for access to CJIS protected data.
2. IP Registration –Individuals in USER agency shall access the SOTARTM SYSTEM from an approved
and valid IP Address that has been pre-determined by USER’S IT Department. A single address may be entered, or a range from which your device may connect to the SOTARTM SYSTEM.
3. USER will adhere to the current CJIS Security Policy regarding the proper access, use, and dissemination
of Criminal History Record Information and associated procedures.
4. USER Agency’s Jurisdiction Administrator has the ability to enter this information if available. If these conditions are not met, SOTARTM SYSTEM access will be limited to non-CJIS information using the
public view of the system.
5. All conditions of the initial agreement remain in full force and effect. THEREFORE, IN WITNESS WHEREOF, the PARTIES hereto have executed this Amendment the
day and year first above written.
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS, COLORADO: APPROVED AS TO LEGAL FORM
BY: Tony G. Spurlock, Sheriff Kelly Dunnaway, Deputy County Attorney
Date: Date:
SOTAR First Amendment Page | 2
TOWN OF AVON/AVON POLICE DEPARTMENT:
Jennie Fancher Greg Daly Mayor Chief of Police
Date: Date:
ATTEST:
Date:
APPROVED AS TO LEGAL FORM:
Date:
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: March 14, 2017
Topic: Approval of an Intergovernmental Agreement between the Eagle County School
District RE-50J and the Town of Avon
ACTION BEFORE COUNCIL:
Council is asked to approve the attached Intergovernmental Agreement between Eagle County
School District RE-50J and The Town of Avon, which allows for school buses to utilize bus stops
along West Beaver Creek Boulevard.
PROPOSED MOTION:
“I move to approve an Intergovernmental Agreement between Eagle County School District RE-50J
and The Town of Avon”
SUMMARY:
The term of the Agreement continues until either party gives notice (30 days) or fails to substantially
perform the duties and obligations of the Agreement.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: March 14, 2017
Topic: Approval of a Contract with the State of Colorado – Department of Transportation
for Daily Parking of a Bustang Bus
ACTION BEFORE COUNCIL:
Council is asked to approve the attached State of Colorado Contract, which allows for the parking of
the Bustang Bus in the Avon Regional Transit Facility.
PROPOSED MOTION:
“I move to approve a Contract with the State of Colorado – Department of Transportation for Daily
Parking of a Bustang Bus”
SUMMARY:
Bustang is the Colorado Department of Transportation’s interregional express bus service between
Denver and Glenwood Springs along the I-70 corridor. Route schedules are provided below. The bus
can be conveniently stored in the Avon Regional Transit Facility each day. The facility today has nine
spaces available, of the total 24 indoor spaces.
• The Contract allows for five years of storage, with either party able to terminate the
agreement with 120 days’ notice.
• In addition to standard contract standard contract requirements, includes annual lease
amounts, which are based in conformity with rates charged to ECO for bus storage, with
annual increases projected for utility increases.
Year One $ 5,550.00
Year Two $ 7,622.00
Year Three $ 7,851.00
Year Four $ 8,087.00
Year Five $ 8,330.00
Total $ 37,440.00
• Town Attorney Eric Heil worked to ensure the agreement before you was finalized as a
“license”, offering significant help to CDOT to ensure the agreement was customized and
understandable for the storage use.
DAILY SCHEDULE
EASTBOUND: Glenwood Springs To Denver
*Red = PM Departure
Route 731 Route 701
EVERY DAY SUNDAY - SATURDAY
SOUTH GLENWOOD BRT STATION -------- 7:05 AM WEST GLENWOOD PARK & RIDE -------- 7:25 AM EAGLE CHAMBERS PARK & RIDE -------- 8:05 AM
VAIL TRANSPORTATION CENTER 7:05 AM 8:40 AM
FRISCO TRANSFER CENTER 7:40 AM 9:15 AM
IDAHO SPRINGS(13th b/w Idaho St and Miner) - STARTING 1/22/17 8:15 AM 10:00 AM RTD - DENVER FEDERAL CENTER 9:05 AM 10:50 AM DENVER UNION STATION 9:20 AM 11:10 AM
DENVER BUS CENTER 9:35 AM 11:20 AM
DAILY SCHEDULE
WESTBOUND: Denver To Glenwood Springs
*Red = PM Departure
Route 730 Route 700
EVERY DAY SUNDAY - SATURDAY
Denver Bus Center 2:45 PM 5:15 PM Denver Union Station 3:10 PM 5:40 PM
RTD - Denver Federal Center 3:40 PM 6:10 PM
Idaho Springs (Idaho and 13th) - STARTING 1/22/17 4:20 PM 6:50 PM
Frisco Transfer Center 4:55 PM 7:25 PM
Vail Transportation Center 5:35 PM 8:05 PM Eagle Chambers Park & Ride ------- 8:40 PM
South Glenwood BRT Station ------- 9:25 PM
West Glenwood Park & Ride ------- 9:40 PM
PO #: 401000811
Routing #: 17-HTR-ZA-00122
Page 1 of 18
STATE OF COLORADO CONTRACT
Signature and Cover Page
State Agency
Department of Transportation
Contract Routing Number
17-HTR-ZA-00122
Local Agency
TOWN OF AVON
Contract Performance Beginning Date
The Effective Date
Operator
ACE EXPRESS COACHES, LLC
Contract Maximum Amount
Total Amount
$37,440.00
Initial Contract Expiration Date
Five years from Effective
Contract Description
Commercial vehicle access to Town of Avon's
facility for daily parking of a Bustang bus.
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract and to bind
the Party authorizing his or her signature.
LOCAL AGENCY
TOWN OF AVON
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Transportation
Shailen P. Bhatt, Executive Director
___________________________________________
Joshua Laipply, P.E., Chief Engineer
Date: _________________________
OPERATOR
ACE EXPRESS COACHES, LLC
See next page
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
LEGAL REVIEW
Cynthia H. Coffman, Attorney General
___________________________________________
Assistant Attorney General
___________________________________________
By: (Print Name and Title)
Date: _________________________
In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Effective Date:_____________________
PO #: 401000811
Routing #: 17-HTR-ZA-00122
Page 2 of 18
TABLE OF CONTENTS
1. PARTIES ........................................................................................................................................................ 2
2. TERM and Effective Date ............................................................................................................................. 2
3. AUTHORITY................................................................................................................................................. 3
4. PURPOSE....................................................................................................................................................... 3
5. DEFINITIONS ............................................................................................................................................... 4
6. LICENSE ........................................................................................................................................................ 5
7. PAYMENTS TO LOCAL AGENCY .......................................................................................................... 5
8. REPORTING - NOTIFICATION ................................................................................................................. 6
9. LOCAL AGENCY RECORDS .................................................................................................................... 6
10. CONFIDENTIAL INFORMATION-STATE RECORDS ......................................................................... 7
11. CONFLICTS OF INTEREST ....................................................................................................................... 8
12. INSURANCE ................................................................................................................................................. 8
13. BREACH ...................................................................................................................................................... 11
14. REMEDIES .................................................................................................................................................. 11
15. DISPUTE RESOLUTION .......................................................................................................................... 12
16. NOTICES AND REPRESENTATIVES .................................................................................................... 12
17. RIGHTS IN WORK PRODUCT and OTHER INFORMATION ............................................................ 13
18. GOVERNMENTAL IMMUNITY ............................................................................................................. 13
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM ....................................................................... 13
20. GENERAL PROVISIONS .......................................................................................................................... 13
21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-1) ....................................... 15
EXHIBIT A, STATEMENT OF LICENSE
1. PARTIES
This Contract is entered into by and between Contractor named on the Signature and Cover Page for this
Contract (the “Local Agency” or “Town”), the Operator named on the Signature and Cover Page for this
Contract (the “Operator”), and the STATE OF COLORADO acting by and through the State agency named
on the Signature and Cover Page for this Contract (the “State” or “CDOT” ). Local Agency, Operator, and
the State agree to the terms and conditions in this Contract.
2. TERM and Effective Date
A. Effective Date
This Contract shall not be valid or enforceable until the Effective Date. The State shall not be bound by
any provision of this Contract before the Effective Date, and shall have no obligation to pay Local
Agency for the License before the Effective Date or after the expiration or sooner termination of this
Contract.
B. Initial Term
The Parties’ respective performances under this Contract shall commence on the Contract Performance
Beginning Date shown on the Signature and Cover Page for this Contract and shall terminate on the
Initial Contract Expiration Date shown on the Signature and Cover Page for this Contract (the “Initial
Term”) unless sooner terminated or further extended in accordance with the terms of this Contract.
C. End of Term Extension
If this Contract approaches the end of its Initial Term, or any Extension Term then in place, the State,
upon written approval from the Local Agency and written notice to the Operator, as provided in §16,
may extend such Initial Term or Extension Term for a period not to exceed 2 months (an “End of Term
Extension”), regardless of whether additional Extension Terms are available or not. The provisions of
this Contract in effect when such notice is given shall remain in effect during the End of Term
Extension. The End of Term Extension shall automatically terminate upon execution of a replacement
contract or modification extending the total term of the Contract.
PO #: 401000811
Routing #: 17-HTR-ZA-00122
Page 3 of 18
D. Early Termination in the Public Interest
The State is entering into this Contract to serve the public interest of the State of Colorado as
determined by its Governor, General Assembly, or Courts. If this Contract ceases to further the public
interest of the State, the State, in its discretion, may terminate this Contract in whole or in part. This
subsection shall not apply to a termination of this Contract by the State for breach by Local Agency or
Operator, which shall be governed by §14.A.i
i. Method and Content
The State shall notify the Local Agency and the Operator of such termination in accordance with
§16. The notice shall specify the effective date of the termination and whether it affects all or a
portion of this Contract.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, the Local Agency and
the Operator shall be subject to §14.A.i.a.
iii. Payments
If the State terminates this Contract in the public interest, the State shall pay the Local Agency an
amount equal to the percentage of the total reimbursement payable under this Contract that
corresponds to the percentage of License satisfactorily completed and accepted, as determined by
the State, less payments previously made.
E. Termination for Convenience
Either Party may terminate this Contract for any reason. The Party choosing to terminate shall effect
such termination by giving written notice of termination to the other Party and specifying the effective
date thereof, at least one hundred and twenty (120) days before the effective date of such termination.
3. AUTHORITY
For the Local Agency:
A. Authority, Appropriation, and Approval
Authority exists in the law
i. State Authority
Pursuant to CRS §43-1-106 and to applicable portions of the Federal Provisions, the State is
responsible for the general administration and supervision of performance of projects in the
Program, including the administration of federal funds for a Program project performed by a Local
Agency under a contract with the State. This Contract is executed under the authority of CRS
§§29-1-203, 24-103-203.
For the Operator:
A. Authority, Appropriation, and Approval
Authority to enter into this Contract exists in CRS §24-103-203 and 43-1-06 and funds have been budgeted,
appropriated and otherwise made available and sufficient unencumbered balance thereof remains available
for payment. Required approvals, clearance and coordination have been accomplished from and with
appropriate agencies.
B. Operator Selection
Operator was selected in accordance with Colorado law and State Procurement Rules pursuant to the
State’s issuance of Request for Proposal, #RFP14-260 BH.
4. PURPOSE
The purpose of this contract is to allow CDOT and the Operator commercial vehicle access to the Town’s
Premises located at 500 Swift Gulch Rd. (hereinafter referred to as “Facility” or “Premises”), for the purpose of
daily parking. CDOT and Operator have requested access to the Town’s Premises to accomplish this objective.
The Parties have determined that the Premises is an appropriate location for this purpose.
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5. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Business Day” means any day in which the State is open and conducting business, but shall not
include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-
101(1) C.R.S.
B. “CJI” means criminal justice information collected by criminal justice agencies needed for the
performance of their authorized functions, including, without limitation, all information defined as
criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as
defined under 24-72-302 C.R.S.
C. “Contract” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
D. “Contract Funds” means the funds that have been appropriated, designated, encumbered, or otherwise
made available for payment by the State under this Contract.
E. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
F. “End of Term Extension” means the time period defined in §2.D
G. “Effective Date” means the date on which this Contract is approved and signed by the Colorado State
Controller or designee, as shown on the Signature and Cover Page for this Contract.
H. “Exhibits” means the following exhibits attached to this Contract:
i. Exhibit A, Statement of License.
I. “Extension Term” means the time period defined in §2.C
J. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of
the unauthorized access or disclosure of State Confidential Information or of the unauthorized
modification, disruption, or destruction of any State Records.
K. “Initial Term” means the time period defined in §2.B
L. “License” means the License provided in this Contract by the Local Agency to CDOT to use a portion
of the Avon Transit Facility for parking the Bustang Bus.
M. “Party” means the State or Contractor, and “Parties” means both the State and Contractor.
N. “PCI” means payment card information including any data related to credit card holders’ names, credit
card numbers, or the other credit card information as may be protected by state or federal law.
O. “PII” means personally identifiable information including, without limitation, any information
maintained by the State about an individual that can be used to distinguish or trace an individual‘s
identity, such as name, social security number, date and place of birth, mother‘s maiden name, or
biometric records; and any other information that is linked or linkable to an individual, such as
medical, educational, financial, and employment information. PII includes, but is not limited to, all
information defined as personally identifiable information in §24-72-501 C.R.S.
P. “PHI” means any protected health information, including, without limitation any information whether
oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental
condition of an individual; the provision of health care to an individual; or the past, present or future
payment for the provision of health care to an individual; and (ii) that identifies the individual or with
respect to which there is a reasonable basis to believe the information can be used to identify the
individual. PHI includes, but is not limited to, any information defined as Individually Identifiable
Health Information by the federal Health Insurance Portability and Accountability Act.
Q. “Services” means the services to be performed by Contractor as set forth in this Contract, and shall
include any services to be rendered by Contractor in connection with the Goods.
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R. “State Confidential Information” means any and all State Records not subject to disclosure under
CORA. State Confidential Information shall include, but is not limited to, PII, PHI, PCI, Tax
Information, CJI, and State personnel records not subject to disclosure under CORA.
S. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to
§24-30-202(13)(a).
T. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending
on June 30 of the following calendar year. If a single calendar year follows the term, then it means the
State Fiscal Year ending in that calendar year.
U. “State Purchasing Director” means the position described in the Colorado Procurement Code and its
implementing regulations.
V. “State Records” means any and all State data, information, and records, regardless of physical form,
including, but not limited to, information subject to disclosure under CORA.
W. “Subcontractor” means third-parties, if any, engaged by Operator in conducting its business.
X. “Tax Information” means federal and State of Colorado tax information including, without limitation,
federal and State tax returns, return information, and such other tax-related information as may be
protected by federal and State law and regulation. Tax Information includes, but is not limited to all
information defined as federal tax information in Internal Revenue Service Publication 1075.
Any other term used in this Contract that is defined in an Exhibit shall be construed and interpreted as defined
in that Exhibit.
6. LICENSE
The Local Agency hereby provides a License to use a portion of the Avon Transit Facility for daily parking
of a Bustang Bus as described in Exhibit A.
7. PAYMENTS TO LOCAL AGENCY
A. Maximum Amount
Payments to the Local Agency are limited to the unpaid, obligated balance of the Contract Funds. The
State shall not pay the Local Agency any amount under this Contract that exceeds the Contract for that
State Fiscal Year shown on the Signature and Cover Page for this Contract.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay the Local Agency in the amounts and in accordance with the conditions
set forth in Exhibit A.
ii. License Interest
Amounts not paid by the State within forty-five (45) days of the State’s acceptance of the invoice
shall bear interest on the unpaid balance beginning on the 46th day at the rate of 1% per month, as
required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not
accrue on unpaid amounts that the State disputes in writing. The Local Agency shall invoice the
State separately for accrued interest on delinquent amounts, and the invoice shall reference the
delinquent payment, the number of day’s interest to be paid and the interest rate.
iii. Payment Disputes
If the Local Agency disputes any calculation, determination or amount of any payment, the Local
Agency shall notify the State in writing of its dispute within 30 days following the earlier to occur
of the Local Agency’s receipt of the payment or notification of the determination or calculation of
the payment by the State. The State will review the information presented by the Local Agency
and may make changes to its determination based on this review. The calculation, determination or
payment amount that results from the State’s review shall not be subject to additional dispute
under this subsection. No payment subject to a dispute under this subsection shall be due until
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after the State has concluded its review, and the State shall not pay any interest on any amount
during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State
Fiscal Year. Payment to the Local Agency beyond the current State Fiscal Year is contingent on
the appropriation and continuing availability of Contract Funds in any subsequent year (as
provided in the Colorado Special Provisions). If federal funds or funds from any other non-State
funds constitute all or some of the Contract Funds the State’s obligation to pay the Local Agency
shall be contingent upon such non-State funding continuing to be made available for payment.
Payments to be made pursuant to this Contract shall be made only from Contract Funds, and the
State’s liability for such payments shall be limited to the amount remaining of such Contract
Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to
fund this Contract, the State may, upon written notice, terminate this Contract, in whole or in part,
without incurring further liability. The State shall, however, remain obligated to pay for Services
and Goods that are delivered and accepted prior to the effective date of notice of termination, and
this termination shall otherwise be treated as if this Contract were terminated in the public interest
as described in §2.E.
v. Erroneous Payments
The State may recover, at the State’s discretion, payments made to the Local Agency in error for
any reason, including, but not limited to, overpayments or improper payments, and unexpended or
excess funds received by the Local Agency. The State may recover such payments by deduction
from subsequent payments under this Contract, deduction from any payment due under any other
contracts, grants or agreements between the State and the Local Agency, or by any other
appropriate method for collecting debts owed to the State.
8. REPORTING - NOTIFICATION
A. Quarterly Reports.
Reserved.
B. Litigation Reporting
If the Local Agency is served with a pleading or other document in connection with an action before a
court or other administrative decision making body, and such pleading or document relates to this
Contract or may affect Contractor’s ability to perform its obligations under this Contract, the Local
Agency shall, within 10 days after being served, notify the State of such action and deliver copies of
such pleading or document to the State’s principal representative identified in §16.
C. Performance Outside the State of Colorado or the United States, §24-102-206 C.R.S.
Reserved.
9. LOCAL AGENCY RECORDS
A. Maintenance
The Local Agency shall maintain a file of all documents, records, communications, notes and other
materials relating to the License (the “Local Agency Records”). The Local Agency Records shall
include all documents, records, communications, notes and other materials maintained by the Local
Agency that relate to the License, and the Local Agency shall maintain all records related to the
License . The Local Agency shall maintain the Local Agency Records until the last to occur of: (i) the
date 3 years after the date this Contract expires or is terminated, (ii) final payment under this Contract
is made, (iii) the resolution of any pending Contract matters, or (iv) if an audit is occurring, or the
Local Agency has received notice that an audit is pending, the date such audit is completed and its
findings have been resolved (the “Record Retention Period”).
B. Inspection
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The Local Agency shall permit the State to audit, inspect, examine, excerpt, copy and transcribe the
Local Agency Records during the Record Retention Period. The Local Agency shall make the Local
Agency Records available during normal business hours at the Local Agency’s office or place of
business, or at other mutually agreed upon times or locations, upon no fewer than 2 Business Days’
notice from the State, unless the State determines that a shorter period of notice, or no notice, is
necessary to protect the interests of the State.
C. Monitoring
The State, in its discretion, may monitor the Local Agency’s performance of its obligations under this
Contract using procedures as determined by the State. The State shall monitor in a manner that does
not unduly interfere with the Local Agency’s obligations.
D. Final Audit Report
The Local Agency shall promptly submit to the State a copy of any final audit report of an audit
performed on the Local Agency’s records that relates to or affects this Contract or the License, whether
the audit is conducted by the Local Agency or a third party.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
The Local Agency shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to the Local Agency for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available at the time
of disclosure. The Local Agency shall not, without prior written approval of the State, use for the Local
Agency’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any
third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated
in this Contract. The Local Agency shall provide for the security of all State Confidential Information
in accordance with all policies promulgated by the Colorado Office of Information Security and all
applicable laws, rules, policies, publications, and guidelines including, without limitation: (i) the most
recently promulgated IRS Publication 1075 for all Tax Information, (ii) the most recently updated PCI
Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently
issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and
Accountability Act for all PHI and the HIPAA Business Associate Addendum attached to this
Contract. The Local Agency shall immediately forward any request or demand for State Records to the
State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
The Local Agency may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the License, but shall restrict access to State Confidential Information to those
agents, employees, assigns and Subcontractors who require access to perform their obligations under
this Contract. The Local Agency shall ensure all such agents, employees, assigns, and Subcontractors
sign nondisclosure agreements with provisions at least as protective as this Contract, and that the
nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has
access to any State Confidential Information. The Local Agency shall provide copies of those signed
nondisclosure agreements to the State upon request.
C. Use, Security, and Retention
The Local Agency shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall maintain
a secure environment that ensures confidentiality of all State Confidential Information wherever
located. The Local Agency shall provide the State with access, subject to the Local Agency’s
reasonable security requirements, for purposes of inspecting and monitoring access and use of State
Confidential Information and evaluating security control effectiveness. Upon the expiration or
termination of this Contract, the Local Agency shall return State Records provided to the Local
Agency or destroy such State Records and certify to the State that it has done so, as directed by the
State. If the Local Agency is prevented by law or regulation from returning or destroying State
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Confidential Information, the Local Agency warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If the Local Agency becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement, as
determined by the State. Unless the Local Agency can establish that none of the Local Agency or any
of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, the Local
Agency shall be responsible for the cost of notifying each person who may have been impacted by the
Incident. After an Incident, the Local Agency shall take steps to reduce the risk of incurring a similar
type of Incident in the future as directed by the State, which may include, but is not limited to,
developing and implementing a remediation plan that is approved by the State, at no additional cost to
the State.
11. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
The Local Agency shall not engage in any business or activities, or maintain any relationships that
conflict in any way with the full performance of the obligations of the Local Agency under this
Contract. Such a conflict of interest would arise when a the Local Agency or Subcontractor’s
employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the
State, or any member of his or her immediate family or his or her partner, related to the award of, entry
into or management or oversight of this Contract.
B. Apparent Conflicts of Interest
The Local Agency acknowledges that, with respect to this Contract, even the appearance of a conflict
of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, the Local
Agency shall refrain from any practices, activities or relationships that reasonably appear to be in
conflict with the full performance of the Local Agency’s obligations under this Contract.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if the Local Agency is uncertain whether a
conflict or the appearance of a conflict has arisen, the Local Agency shall submit to the State a
disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly
submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent
conflict constitutes a breach of this Contract.
12. INSURANCE
For the Local Agency:
The Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain,
insurance as specified in this section at all times during the term of this Contract. All insurance policies required
by this Contract that are not provided through self-insurance shall be issued by insurance companies with an
AM Best rating of A-VIII or better.
A. Local Agency Insurance
Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-
10-101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during the term of this Contract such
liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under
the GIA.
B. License
All insurance policies in any way related to this Contract and secured and maintained by the Operator as
required herein shall include clauses stating that each carrier shall waive all rights of recovery, under
subrogation or otherwise, against the Local Agency or the State its agencies, institutions, organizations,
officers, agents, employees, and volunteers.
For the Operator and CDOT
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Operator and its Subcontractors shall obtain and maintain insurance as specified in this section at all times
during the term of this Contract. All policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to Operator, the State and Local Agency.
A. Operator
i. Public Entities
If Operator is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS
§24-10-101, et seq., as amended (the “GIA”), then Operator shall maintain at all times during the term
of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet
its liabilities under the GIA. Operator shall show proof of such insurance satisfactory to the State and
Local Agency, if requested by the State or Local Agency. Operator shall require each contract with a
Subcontractor that is a public entity, to include the insurance requirements necessary to meet such
Subcontractor’s liabilities under the GIA
ii. Non-Public Entities
If Operator is not a "public entity" within the meaning of the GIA, Operator shall obtain and maintain
during the term of this Contract insurance coverage and policies meeting the same requirements set
forth in §13(B) with respect to subcontractors that are not "public entities".
B. Operators - Subcontractors
Operator shall require each contract with subcontractors other than those that are public entities, providing
Goods or Services in connection with this Contract, to include insurance requirements substantially similar to
the following:
i. Worker’s Compensation
Worker's Compensation Insurance and Employer’s Liability Insurance (including occupational disease)
to cover statutory benefits and limits under the Worker’s Compensation laws of any applicable
jurisdiction in which the Scope is to be performed Employers’ Liability Insurance with minimum limits
of $1,000,000 Each Accident, $1,000,000 Disease Each Employee $1,000,000 Disease Policy Limit.
a. Policy shall include a waiver of subrogation in favor of the STATE, its officers, directors, officials,
employees, and volunteers.
ii. General Liability
Commercial General Liability Insurance shall be written on an ISO form CG 00 01 occurrence form or
equivalent for hazards of: (a) Operation, (b) Subcontractors and Independent Contractors with minimum
limits of $2,000,000 each occurrence and $4,000,000 aggregate. The general aggregate coverage limits
shall apply per project and shall be evidenced on the Certificate of Insurance. Insurance shall include
contractual liability coverage sufficient to meet the requirements of this Lease (including defense costs
and attorney’s fees assumed under the contract, which shall be payable in addition to the limit of
liability.).
a. The General Liability policy shall be endorsed to name the State, its agents, officers, directors,
officials, employees, volunteers as additional insureds, and Local Agency its agents, officers,
directors, officials, employees, volunteers as additional insureds. The coverage shall contain no
special limitations on the scope of protection afforded to Additional Insured parties.
b. Coverage shall be primary and non-contributory as respects to any insurance held by the State and
the Local Agency. Any insurance or self-insurance maintained by the State or Local Agency shall be
excess of that insurance maintained by Operator.
c. The policy shall be endorsed to waive subrogation in favor of Additional Insured parties.
iii. Business Automobile Liability
Commercial Automobile Liability insurance covering all owned, leased and non-owned vehicles used in
connection with the Scope with minimum limits of $5,000,000 Combined Single Limit. Insurance shall
include coverage for bodily injury, death and property damage to Lease Vehicles arising out of
ownership, maintenance or use of any motorized vehicle and Contractual Liability coverage, and
contractual liability coverage sufficient to meet the requirements of this Lease.
a. The Commercial Business Automobile policy shall be endorsed to name the State, its agents,
officers, directors, officials, employees, volunteers, and Local Agency, its agents, officers, directors,
officials, employees, volunteers, as Loss Payees and Additional Insureds.(CA 20 01 10 13 or its
equivalent).
b. Coverage shall be primary and non-contributory as respects to any insurance held by the State and
Local Agency. Any insurance or self-insurance maintained by the State and Local Agency shall be
excess of that insurance maintained by Operator.
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c. The policy shall be endorsed to waive subrogation in favor of Additional Insured parties.
d. The policy shall be endorsed to include Motor Carrier Act endorsement-Hazardous Materials
Cleanup (MSC-90), if applicable.
iv. Excess / Umbrella Liability
Commercial Umbrella/Excess Liability Insurance for bodily injury and property damage liability must
sit over Operator’s primary Employer’s Liability, Commercial General Liability and Commercial
Automobile Liability with minimum limits of $10,000,000 each occurrence and aggregate.
a. All coverages and terms required under the Commercial General Liability, Automobile Liability and
Employer’s Liability must be included on the Excess/Umbrella Liability policy.
b. Operator’s Excess/Umbrella Liability Policy shall provide liability coverage, subject to the terms and
conditions of the policy, in excess of all available underlying coverage before any primary or excess
coverage held by any Additional Insured.
v. Commercial Crime
Operator shall provide Commercial Crime coverage in the amount of $5,000,000 covering employee
dishonesty involving money, theft, disappearance, and destruction of money and securities. The
Commercial Crime policy must be endorsed to cover Third Party Fidelity. Additionally to ensure
payment to the state, the policy should include the the State and Local Agency as Loss Payees.
vi. Additional Insured
The State and Local Agency shall be named as additional insured on all Commercial General Liability
Insurance policies (leases and construction contracts require additional insured coverage for completed
operations on endorsements CG 2010 11/85, CG 2037, or equivalent) required of Operator and any
subcontractors hereunder.
vii. Primacy of Coverage
Coverage required of Operator and subcontractor shall be primary over any insurance or self-insurance
program carried by Operator, the State, or Local Agency.
viii. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal without at
least 30 days prior notice to Operator and Operator shall forward such notice to the State and Local
Agency in accordance with §16 (Notices and Representatives) within seven days of Operator’s receipt
of such notice.
ix. Subrogation Waiver
All insurance policies in any way related to this Contract and secured and maintained by Operator or its
subcontractors as required herein shall include clauses stating that each carrier shall waive all rights of
recovery, under subrogation or otherwise, against Operator or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers, or Local Agency, its agencies, institutions,
organizations, officers, agents, eomployees, and volunteers.
C. Certificates
Operator and all subcontractors shall provide certificates showing insurance coverage required hereunder to the
State and Local Agency within seven business days of the Effective Date of this Contract. No later than 15 days
prior to the expiration date of any such coverage, Operator and each subcontractors shall deliver to the State,
Local Agency or Operator certificates of insurance evidencing renewals thereof. In addition, upon request by
the State at any other time during the term of this Contract or any sub-contract, Operator and each
subcontractors shall, within 10 days of such request, supply to the State and Local Agency evidence satisfactory
to the State of compliance with the provisions of this §13.
D. Unintended And/Or Inadvertent Error
Applicable policies shall be endorsed to the effect that the State and the other insureds will not be prejudiced by
an unintended and/or inadvertent error, omission or mis-description of the risk interest in property insured under
the policies, incorrect declaration of values, failure to advise insurers of any change of risk interest or property
insured or failure to comply with a statutory requirement.
E. Deductibles
Operator shall be responsible, at no additional cost to the State and Local Agency for the payment of any
associated deductibles or self-insured retention in connection with the coverages required by this Contract. Any
self-insured retentions or deductible in excess of $25,000 must be declared at the time Operator submits its bid
and must be specifically approved by the State and Local Agency prior to execution of this Contract. If the State
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does not approve Operator’s self-insured retention or deductible, Operator shall either 1) cause the insurer to
reduce or eliminate such self-insured retention as respects to Operator’s Contract with the State and Local
Agency or 2) procure a bond.
F. Special Provisions
All policies are to be written through companies duly entered and authorized to transact that class of insurance
in the state in which the project is located. The Insurance Companies must have an A.M. Best rating of A- or
better in the most recent Best’s Key Rating Guide.
Approval, disapproval or failure to act by the State and Local Agency regarding any insurance supplied by the
Operator shall not relieve Operator of full responsibility or liability for damages and accidents. If the State or
Local Agency fails to maintain such insurance as is called for herein, the State or Local Agency, at its option,
may order the Operator to suspend operations at Operator’s expense until insurance coverage requirements are
met. Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate the
Operator from liability. The State and Local Agency shall make no special payments for any insurance that
Operator may be required to carry.
The Operator shall be responsible for setting its own requirements, if any, for the kind and amount of insurance
to be carried by its subcontractors, and for enforcing any such requirements.
13. BREACH
A. Defined
The failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in
part or in a timely or satisfactory manner, shall be a breach. The institution of proceedings under any
bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of
a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed
within 30 days after the institution of such proceeding, shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, the aggrieved Party shall give written notice of breach to the other Party. If the
notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written
notice, the Party may exercise any of the remedies as described in §14 for that Party. Notwithstanding
any provision of this Contract to the contrary, the State, in its discretion, need not provide notice or a
cure period and may immediately terminate this Contract in whole or in part or institute any other
remedy in the Contract in order to protect the public interest of the State.
14. REMEDIES
A. State’s Remedies
If Local Agency is in breach under any provision of this Contract and fails to cure such breach, the
State, following the notice and cure period set forth in §13.B., shall have all of the remedies listed in
this §14.A. in addition to all other remedies set forth in this Contract or at law. The State may exercise
any or all of the remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach
In the event of Local Agency’s uncured breach, the State may terminate this entire Contract or any
part of this Contract.
a. Reimbursement of Advance Payment
Notwithstanding anything to the contrary, the Local Agency shall reimburse the State for
License services paid but not used after the date of termination. If, after termination by the
State, the State agrees that Local Agency was not in breach or that Local Agency's action or
inaction was excusable, such termination shall be treated as a termination in the public
interest, and the rights and obligations of the Parties shall be as if this Contract had been
terminated in the public interest under §2.D.
b. Damages and Withholding
Notwithstanding any other remedial action by the State, Local Agency shall remain liable to
the State for any damages sustained by the State in connection with any breach by Local
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Agency, and the State may withhold payment to Local Agency for the purpose of mitigating
the State’s damages until such time as the exact amount of damages due to the State from
Local Agency is determined. The State may withhold any amount that may be due Local
Agency as the State deems necessary to protect the State against loss including, without
limitation, loss as a result of outstanding liens and excess costs incurred by the State in
procuring from third parties replacement Work as cover.
B. Local Agency’s Remedies
If the State is in breach of any provision of this Contract and does not cure such breach, Local Agency,
following the notice and cure period in §13.B and the dispute resolution process in §15, shall have all
remedies available at law and equity.
15. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Contract
which cannot be resolved by the designated Contract representatives shall be referred in writing to a
senior departmental management staff member designated by the State and a senior manager
designated by Local Agency for resolution.
B. Resolution of Controversies
If the initial resolution described in §15.A fails to resolve the dispute within 10 Business Days, Local
Agency shall submit any alleged breach of this Contract by the State to the purchasing director of
CDOT for resolution in accordance with the provisions of §§24-109-101, 24-109-106, 24-109-107, and
24-109-201 through 24-109-206 C.R.S., (the “Resolution Statutes”), except that if Local Agency
wishes to challenge any decision rendered by the purchasing director, Local Agency’s challenge shall
be an appeal to the executive director of the Department of Personnel and Administration, or their
delegate, under the Resolution Statutes before Local Agency pursues any further action as permitted by
such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes
shall apply including, without limitation, time limitations.
16. NOTICES AND REPRESENTATIVES
Each individual identified below shall be the principal representative of the designating Party. All notices
required or permitted to be given under this Contract shall be in writing, and shall be delivered (i) by hand with
receipt required, (ii) by certified or registered mail to such Party’s principal representative at the address set
forth below or (iii) as an email with read receipt requested to the principal representative at the email address, if
any, set forth below. If a Party delivers a notice to another through email and the email is undeliverable, then,
unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver
the notice by hand with receipt required or by certified or registered mail to such Party’s principal
representative at the address set forth below. Either Party may change its principal representative or principal
representative contact information by notice submitted in accordance with this §15 without a formal amendment
to this Contract. Unless otherwise provided in this Contract, notices shall be effective upon delivery of the
written notice.
For the State
Colorado Department of Transportation (CDOT)
Mike Timlin, Bus Operations Manager
4201 East Arkansas Ave., Room 227
Denver, CO 80222
303-757-9648
michael.timlin@state.co.us
For the Local Agency
TOWN OF AVON
Eva Wilson, Transportation Director
PO Box 975
PO #: 401000811
Routing #: 17-HTR-ZA-00122
Page 13 of 18
AVON, CO 81620
970-748-4111
ewilson@avon.org
For the Operator
Ace Express Coaches, LLC
Bruce Neuharth, Chief Operating Officer
14000 W. 44th Avenue
Golden, CO 80403
303-421-2780, ext. 118
bneuharth@aceexpresscoaches.com
17. RIGHTS IN WORK PRODUCT and OTHER INFORMATION
Reserved.
18. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28
U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Local Agency under this Contract is $100,000 or greater, either on the
Effective Date or at anytime thereafter, this §19 shall apply. Local Agency agrees to be governed by and
comply with the provisions of §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102
C.R.S. regarding the monitoring of vendor performance and the reporting of contract performance
information in the State’s contract management system (“Contract Management System” or “CMS”).
20. GENERAL PROVISIONS
A. Assignment
Local Agency’s rights and obligations under this Contract are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without
such consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations
approved by the State shall be subject to the provisions of this Contract.
B. Subcontracts
Local Agency shall not enter into any subcontract in connection with its obligations under this
Contract without the prior, written approval of the State. Local Agency shall submit to the State a copy
of each such subcontract upon request by the State. All subcontracts entered into by Contractor in
connection with this Contract shall comply with all applicable federal and state laws and regulations,
shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all
provisions of this Contract.
C. Binding Effect
Except as otherwise provided in §20.A., all provisions of this Contract, including the benefits and
burdens, shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Contract and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
PO #: 401000811
Routing #: 17-HTR-ZA-00122
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The captions and headings in this Contract are for convenience of reference only, and shall not be used
to interpret, define, or limit its provisions. All references in this Contract to sections (whether spelled
out or using the § symbol), subsections, exhibits or other attachments, are references to sections,
subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless
otherwise noted.
F. Counterparts
This Contract may be executed in multiple, identical, original counterparts, each of which shall be
deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Contract represents the complete integration of all understandings between the Parties related to
the License, and all prior representations and understandings related to the License, oral or written, are
merged into this Contract. Prior or contemporaneous additions, deletions, or other changes to this
Contract shall not have any force or effect whatsoever, unless embodied herein.
H. Jurisdiction and Venue
All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado
and exclusive venue shall be in the City and County of Denver.
I. Modification
Except as otherwise provided in this Contract, any modification to this Contract shall only be effective
if agreed to in a formal amendment to this Contract, properly executed and approved in accordance
with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this
Contract, other than contract amendments, shall conform to the policies promulgated by the Colorado
State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since
the Effective Date of this Contract.
K. Order of Precedence
In the event of a conflict or inconsistency between this Contract and any Exhibits or attachments such
conflict or inconsistency shall be resolved by reference to the documents in the following order of
priority:
i. Colorado Special Provisions in §21 of the main body of this Contract.
ii. The provisions of the other sections of the main body of this Contract.
iii. Exhibit A, Statement of License
L. Severability
The invalidity or unenforceability of any provision of this Contract shall not affect the validity or
enforceability of any other provision of this Contract, which shall remain in full force and effect,
provided that the Parties can continue to perform their obligations under this Contract in accordance
with the intent of the Contract.
M. Survival of Certain Contract Terms
Any provision of this Contract that imposes an obligation on a Party after termination or expiration of
the Contract shall survive the termination or expiration of the Contract and shall be enforceable by the
other Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32)
(Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from Colorado state and
local government sales and use taxes under §§39-26-704(1), et seq. C.R.S. (Colorado Sales Tax
PO #: 401000811
Routing #: 17-HTR-ZA-00122
Page 15 of 18
Exemption Identification Number 98-02565). The State shall not be liable for the payment of any
excise, sales, or use taxes, regardless of whether any political subdivision of the state imposes such
taxes on Local Agency. Local Agency shall be solely responsible for any exemptions from the
collection of excise, sales or use taxes that Local Agency may wish to have in place in connection with
this Contract.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §20.B., this Contract does not
and is not intended to confer any rights or remedies upon any person or entity other than the Parties.
Enforcement of this Contract and all rights and obligations hereunder are reserved solely to the Parties.
Any services or benefits which third parties receive as a result of this Contract are incidental to the
Contract, and do not create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Contract, whether
explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise
of any right, power, or privilege preclude any other or further exercise of such right, power, or
privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Contract and the performance measures and standards
required under §24-103.5-101 C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Local Agency shall perform its obligations under this Contract in accordance with the highest
standards of care, skill and diligence in Local Agency’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
Local Agency shall secure, prior to the Effective Date, and maintain at all times during the term of this
Contract, at its sole expense, all licenses, certifications, permits, and other authorizations required to
perform its obligations under this Contract, and shall ensure that all employees, agents and
Subcontractors secure and maintain at all times during the term of their employment, agency or
subcontract, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Contract.
T. Indemnification of Local Agency and State
Operator shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the
“Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards
and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified
Parties in relation to any act or omission by Operator, or its employees, agents, Subcontractors, or
assignees in connection with this Contract.
21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-1)
These Special Provisions apply to all contracts except where noted in italics.
A. CONTROLLER'S APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or
designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied,
of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado
PO #: 401000811
Routing #: 17-HTR-ZA-00122
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Governmental Immunity Act, §24-10-101 et seq. C.R.S., or the Federal Tort Claims Act, 28 U.S.C. Pt.
VI, Ch. 171 and 28 U.S.C. 1346(b).
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or
employee of the State. Contractor and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment
insurance benefits will be available to Contractor and its employees and agents only if such coverage is
made available by Contractor or a third party. Contractor shall pay when due all applicable
employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor
shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor shall (i) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law,
(ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and
those of its employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Contract. Any provision included or incorporated herein by
reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision
incorporated herein by reference which purports to negate this or any other Special Provision in whole
or in part shall not be valid or enforceable or available in any action at law, whether by way of
complaint, defense, or otherwise. Any provision rendered null and void by the operation of this
provision shall not invalidate the remainder of this Contract, to the extent capable of execution.
G. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any
provision to the contrary in this Contract or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Contract shall not be used for the acquisition, operation,
or maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any
extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such
improper use of public funds. If the State determines that Contractor is in violation of this provision,
the State may exercise any remedy available at law or in equity or under this Contract, including,
without limitation, immediate termination of this Contract and any remedy consistent with federal
copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-
507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Contract. Contractor has no interest and
shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of Contractor’s services and Contractor shall not employ any person having such known
interests.
J. VENDOR OFFSET. §§24-30-202(1) and 24-30-202.4, C.R.S.
PO #: 401000811
Routing #: 17-HTR-ZA-00122
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[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State
Controller may withhold payment under the State’s vendor offset intercept system for debts owed to
State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of
tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due
to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid
to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of
final agency determination or judicial action.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment
advisory services or fund management services, sponsored projects, intergovernmental agreements,
or information technology services or products and services] Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work under
this Contract and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Contract, through participation in the E-
Verify Program established under Pub. L. 104-208 or the State verification program established
pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails
to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or State
program procedures to undertake pre-employment screening of job applicants while this Contract is
being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if
Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien
for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-
17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates
in the State program, Contractor shall deliver to the contracting State agency, Institution of Higher
Education or political subdivision, a written, notarized affirmation, affirming that Contractor has
examined the legal work status of such employee, and shall comply with all of the other requirements
of the State program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-
101 et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision
may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of
perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (ii) shall comply with the provisions of §§24-76.5-101 et seq., C.R.S., and (iii) has
produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of
this Contract.
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Routing #: 17-HTR-ZA-00122
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EXHIBIT A, STATEMENT OF WORK
The purpose of this Contract is to allow CDOT and Ace Express (“Operator”) access to the Avon Regional Transit
Facility, located at 500 Swift Gulch Road in the Town of Avon (the “Facility” or “Premises”), for the purpose of
daily parking of a Bustang bus. The Premises are owned and operated by the Town of Avon. CDOT operates the
Bustang Services through the Operator.
The State agrees to pay each year’s license fee in full and in advance upon submission of an invoice by the Local
Agency. The maximum amount of each year’s license fee payment is shown in Table A below.
Table A
Year One $ 5,550.00
Year Two $ 7,622.00
Year Three $ 7,851.00
Year Four $ 8,087.00
Year Five $ 8,330.00
Total $ 37,440.00