TC Packet 04-25-2017 Updated Item 5.1 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 25, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
_________________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 1
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3)
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW)
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. MEETING PROCEDURES FOR THE MEETING OF APRIL 25, 2017
3.1. ACTION ITEMS
• PRESENTATION OF ITEM
• PUBLIC COMMENT – THREE (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 AND PRESENTATIONS
• PRESENTATION OF ITEM
• COUNCIL DISCUSSION
• PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS
MAJORITY OF COUNCIL AGREES TO A LONGER TIME
• COUNCIL DIRECTION
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA* - THREE (3)
MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER
TIME
5. ACTION ITEMS
5.1. INTERVIEWS AND APPOINTMENT OF UP TO FOUR PLANNING AND ZONING COMMISSION MEMBERS
(MAYOR JENNIE FANCHER) (75 MINUTES
5.2. 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) (20 MINUTES)
5.3. AUTHORIZATION FOR THE TOWN MANAGER TO FILE THE I AM PRO SNOW 100% COMMITTED ENROLLMENT
FORM ON BEHALF OF THE TOWN OF AVON (MAYOR PRO TEM SARAH SMITH HYMES) (15 MINUTES)
5.4. APPROVAL OF THE APRIL 11, 2017 MEETING MINUTES (TOWN CLERK DEBBIE HOPPE) (5 MINUTES)
TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 25, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
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
6. WORK SESSION
6.1. DIRECTION ON SUMMER FOOD TRUCKS AND MOBILE VENDING CART PROGRAM
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) (30 MINUTES)
7. WRITTEN REPORTS
7.1. MONTHLY FINANCIALS REPORT
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES)
9. ADJOURNMENT
_________________________________________________________________________
*Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all
Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are
encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate
materials to the Council in advance of the Council meeting. The Mayor may permit public comments during any agenda
item provided that such invitation does not hinder the ability of Council to conduct official Town business in an efficient
manner. For matters which may involve substantial public comment by numerous members of the public, the Mayor or
Council may propose limiting public comment to no less than three 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. 17-05.
TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 25, 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: MONTANA’S CANTINA & GRILL LLC D/B/A MONTANA’S SMOKEHOUSE
LOCATION: 82 E BEAVER CREEK BLVD. UNIT 114
TYPE: HOTEL AND RESTAURANT LICENSE
MANAGER: THOMAS BEAVER
4.2. APPLICANT: EAST WEST RESORTS LLC & AVON RIVERFRONT LLC D/B/ A WESTIN RIVERFRONT RESORT & SPA &
MAYA
LOCATION: 126 RIVERFRONT LANE
TYPE: RESORT COMPLEX LICENSE
MANAGER: KRISTEN PRYOR
5. MINUTES FROM APRIL 11, 2017
6. ADJOURNMENT
Ivo n
LIQUOR AUTHORITY REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Debbie Hoppe, Town Clerk
Meeting Date: April 12, 2016
Agenda Topic: Renewal Application—Montana's Smokehouse
PROPOSED MOTION
I move to approve (or deny stating the reasons for denial) the renewal application for Montana's Cantina
Grill, LLC d/b/a Montana's Smokehouse.
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: Montana's Cantina & Grill, LLC d/b/a Montana's Smokehouse
Location: 82 E. Beaver Creek Blvd. Unit 114
Type: Hotel and Restaurant License
Manager: Tom Beaver
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 Department Report results are attached.
The owner/manager has been invited to attend the Liquor Board meeting.
During the liquor license renewal process, the Liquor Authority has broad discretion to consider any
character issues related to the licensee holder at renewal in the same manner as granting a license.
If there have been various types of behavior, such as failure to pay taxes and fraud, the courts have
held these behaviors as a valid reason to find the applicant does not possess character. The
Colorado Liquor Code §12-47-302 sets forth the local authority's ability to hold a hearing on the
application for renewal. It is also noted that a "yes or no action" only is required on renewals; there
are no conditions that can be mandated in this process.
Attachments:
State of Colorado Renewal Application Form
Avon Police Department Summary Reports
State liquor enforcement information
r
DR 8400 (Revised 09/01/12)
COLORADO DEPARTMENT OF REVENUE RETAIL LIQUOR OR 3.2 BEERLIQUOR ENFORCEMENT DIVISION
SUBMIT TO LOCAL LICENSING AUTHORITY LICENSE RENEWAL APPLICATION
MONTANA'S SMOKEHOUSE
PO BOX 377
EDWARDS CO 81632-0377
Fees Due
Renewal Fee
Storage Permit $100 x
Optional Premise $100 x
Related Resort $75 x
500.00
DBA
MONTANA'S CANTINA & GRILL LLC
Amount Due/Paid
Make check payable to: Colorado Department of Revenue.
The State may convert your check to a one-time electronic
banking transaction. Your bank account may be debited as early
as the same day received by the State. If converted, your check
will not be returned. Ifyour check is rejected due to insufficient or
uncollected funds, the Department may collect the payment
amount directly from your banking account electronically.
PLEASE VERIFY 8r UPDATE ALL INFORMATION BELOW RETURN TO CITY • " COUNTY LICENSING AUTHORITYDUE DATE
Licensee Name DBA
MONTANA'S CANTINA & GRILL LLC MONTANA'S SMOKEHOUSE
Liquor License # License Type Sales Tax License # Expiration Date Due Date
12945970000 Hotel & Restaurant (city) 12945970000 05/14/2017 03/30/2017
Ope ating Mana r
I 9 V-tti
Date of Birth Home Address nlotWW t01L.JCiao( AVCM 6
Manager Phe Number Email fddress776L/ g 7 U l S %/ e&4,,v1 k_0+0,i_0_i c C
Street Address Phone
Numbery
82 E BEAVER CREEK BLVD UNIT 114 AVON CO 81620 1,71u 9`l I ? vl
Mailing Address
PO BOX 377 EDWARDS CO 81632-0377
1. Do you have legal possession of the premises at the street address above?„r14'YES NO
Is the premises owned or rented? Owned Rented" *If rented, expiration date of lease ----_Z'?
25. Since the date of filing of the last application, has there been any change in financial interest ( new notes, loans, owners, etc.) or
organizational structure (addition or deletion of officers, directors, managing members or general partners)? If yes, explain in detail
and attach a listing of all liquor businesses in which these new lenders, owners ( other than licensed financial institutions), officers,
directors, managing members, or general partners are materially interested. YES t2' NO
NOTE TO CORPORATION, LIMITED LIABILITY COMPANY AND PARTNERSHIP APPLICANTS: If you have added or deleted any
officers, directors, managing members, general partners or persons with 10% or more interest in your business, you must complete
and return immediately to your Local Licensing Authority, Form DR 8177: Corporation, Limited Liability Company or Partnership
Report of Changes, along with all supporting documentation and fees.
3. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than
licensed financial institutions) been convicted of a crime? If yes, attach a detailed explanation. YES NO
4. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than
licensed financial institutions) been denied an alcohol beverage license, had an alcohol beverage license suspended or revoked, or
had intere t in anyentity that had an alcohol beverage license denied, suspended or revoked? If yes, attach a detailed explanation.
L3 YES O
5. Does the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) have a direct
or indirect interest in any other Colorado liquor icense, including loans to or from any licensee or interest in a loan to any licensee? If
yes, attach a detailed explanation. YES UANO
AFFIRMATION 8r CONSENT
1 declare underpenalty ofperjury in the second degree that this application and all attachments are true, correct and complete to the best of my knowledge.
Type or Prin Name of Applic Authorized Agent of Business Title ./
R-.'
Signature : ' Date
7/1 31h1V
REPORT & APPROVAL OF CITY dR COUNTY LICENSING AUTHORITY
The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and we do hereby report
that such license, if granted, will comply with the provisions of Title 12, Articles 46 and 47, C.R.S. THEREFORE THIS APPLICATION IS APPROVED.
Local Licensing Authority For Date
Signature Title Attest
Avon Police Department
Liquor License Application
Individual Name(s): Thomas Beaver
Name of Business: Montana's Cantina & Grill LLC d/ b/a Montana's
Smokehouse
Type of License: ® Hotel & Restaurant
Liquor Store License
Special Event Permit
Event Name: Date of Event: Click here to enter a date.
Location of Business: 82 E Beaver Creek Blvd. Unit 114
Date Received:
Photographs/Fingerprints:
Investigation by:
Avon, Colorado 81620
April 12, 2017
On File
Special Event — N/A
Detective Sergeant Jonathan Lovins
Detective Toby Baldwin
Date: April 13, 2017
CBI Criminal Investigation (On File):
Local Criminal Investigation: No Criminal Record Reported
Comments: No Criminal Record Reported.
Liquor Code Violations in the past five years: ® Yes No
If yes, explain: 2013: Compliance Check Failure and notes from that
year's background; 2015: Assurance of Voluntary Compliance related to
food not being available; 2016: Violation related to after hours service.
Brief synopsis of incidents attached.
Smoking violation in the past calendar year: Yes ® No
If yes, explain:
Background investigation conducted with no problems and or areas of
concern.
N.C.I.C. database not accessed on this applicant.
Investigation Time: 2 hours.
Administration Time: 1 hour.
Below are three penalties. Two taken directly from the Colorado DOR Liquor
Enforcement State Summary Report published on their website. One is an "Assurance
of Voluntary Compliance" Issued from Colorado DOR Liquor Enforcement
2016
Violation Date 03/07/16
https://www.colorado.gov/pacific/sites/default/files/LED%202016%20Annua I%20Report%20State%20Vi
olations.pdf
Montana's Cantina & Grill I Avon
Below note is taken directly from the 2016 Avon PD background report for liquor license
renewal:
IR2016-000169 Montana's staff was serving alcoholic beverages after 0200 hours, this continued
through 0420 hours when Avon Police observed and stopped the activity. This case has been
transferred to the State Liquor Authority for further review.
After Hours Sale or Service
9 days suspension, 3 days served, 6 days held in abeyance for a period of one year
930.87 fine paid in lieu of active suspension
2015
Violation Date 02/25/15
Montana's received a violation from State Liquor regarding no food available after
10pm. A warning letter was given on December 8th 2014. On February 25th 2015 the
same violation occurred and Montana's was given a fine on September 4th 2015. Report
is attached.
2013
Violation Date 05/16/ 13
https://www. coto rad o.gov/pacific/sites/default/files/2013YearEndRepo rtF1NAL%20Web
0. pdf
Montana's Cantina & Grill I Avon
Sale to Minor
15 days suspension, 5 days served, 10 days held in abeyance for a period of one year
1,198.93 fine paid in lieu of active suspension
DEPARTMENT OF REVENUELiquor Enforcement Division1881PierceStreet, Suite 108ALakewood, Colorado 80214Phone (303) 205-2300FAX (303) 205-2341
f', IE-mail: dor—led(LDstate.co.us
Website: www.c lorado. v revenue It r
Date: !/
NATE OF
NOTICE OF VIOLATION
N 11 C.ov
i John Hickenlooper
7 Governor
Barbara J Brohl
Executive Director
t „/ Don 8urmanial
l//
1y"
Division Director
This letter is to inform of a notice of violation involvingresothematter, you need to conta the below Liquor EnforcementrSSupervisor within
license. In rC: n ( 10) days of receiving this notice.
Tyne of Violation
kR.S- 12-47-901(1)(a.5)(I): Sale of alcohol to a person under 21 years ofage
o Other Violation:
o Other Violation:
o Other Violation:
o Other Violation:
Licensee Information:
Name:
Account 4:
Violation Date:
Telephone Number:
Li uor Enforcement Contact
Supervisor; Qj971:an V
Telephone Number:
3
ilkywili
MONTANA'S CANTINA & GRIELL LLC
DIB/A MONTANAS CANTINA & GRILL
AZ-EAS1-Y,ZA'%;%W C74MAK Bt I-10 -1IMT 114
AVON, COLORADO 81.620
109. W I I I
The State of Colorado. Liquor Enforcement Division ("Division") and Montana's Cantina & Grill
LLC, d/b/a Montana's Cantina & Grill, 82 East Beaver Creek Boulevard Unit 114, Avon,
Colorado 81620 ("Licensee") hereby stipulate and agree as follows:
Licensee has been the subject of an investigation conducted by the Division. Agents of
the Division allege violations of the Colorado Liquor Code, Section 12-47-901 (1)(a.5)(I),
C.R.S.
IT IS ALLEGED THAT:
A. On May 16, 2013, the Licensee, by and through its employee/agent Patrick
Hayden, permitted the selling, serving, giving, or procuring of an alcohol
beverage (Pinot Grigio brand vinous liquor) to 12 -WF -19382, a nineteen -year-old
Liquor Enforcement Division underage purchaser.
2. Licensee acknowledges receipt of sufficient notice, advisement of rights, and process of
the proceedings and wishes to resolve all issues which were the subject of the
investigation, by entering into this Stipulation, Agreement, and Order ("Order").
The Division and Licensee have discussed the merits of the investigation and allegations,
and they have come to a mutual agreement and understanding to jointly propose to the
State Licensing Authority a resolution of the allegations in lieu of proceeding to the
issuance by the State Licensing Authority of an Order to Show Cause and conducting a
hearing to determine the merits of such allegations. The terms and conditions of this
Order are subject to approval by the State Licensing Authority.
4. Licensee admits the violations as alleged above in paragraph 1.
Stipulation, Agreement, and Order
Montana's Cantina & Grill
Grand Junction Office
Page 2
Licensee agrees, in lieu of the issuance of an Order to Show Cause, and subsequent
proceedings, to submit to the following sanctions:
A. A fifteen (15} day suspension of Licensee's hotel & restaurant license to take
place as follows:
License to be actively suspended for five (5) days from 12:01 a.m. on
August 14, 2013 until 11:59 p.m. on August 18.2013.
ii. During any period of active license suspension, Licensee will post signs
on its premises in compliance with Regulation 47-600(F), i C.C.R. 203-2.
iii. Ten (101 days of the suspension to be held in abeyance for a period of one
1) year, from the date of approval ofthis agreement by the state licensing
authority, pending no further violations of the Colorado Liquor Code
during this period.
The Licensee has filed a written petition to the Division in accordance with 12-47-601(3);
C.R.S. requesting that the Licensee be allowed to pay a fine in lieu of active suspension.
The Division finds that the petition supports the following:
A. That the public welfare and morals would not be impaired by permitting the
Licensee to operate during the period set for suspension and that the payment of
the fine trill achieve the desired disciplinary purposes; and
B. That the books and records of the Licensee are kept in such a manner that loss of
sales of alcohol beverages which the Licensee would have suffered had the
suspension gone into effect can be determined with reasonable accuracy
therefrom; and
C. That the Licensee has not had its license or permit suspended or revoked, nor had
any suspension stayed by the payment of a fine, during the two (2) years
immediately preceding the date of the motion or complaint which has resulted in
this stipulation and agreement.
The parties agree that the fine shall be the equivalent of twenty percent (20%) of the
Licensee's estimated gross revenues from the sales of alcohol beverages during a period
of five (5) days, except that the fine shall not be less than two hundred dollars ($200.00)
nor more than five thousand dollars ($5,000.00). The parties agree that the average days'
sales for the month of May 2013 shall be the appropriate measure of said estimated gross
Stipulation, Agreement, and Order
Montana's Cantina & Grill
Grand Junction Office
Page 3
revenues. Based upon these records, the amount of the fine has been determined to be
1,198.93.
A. Payment of the fine pursuant to the provisions of this agreement shall be in the
form of a certified check or a cashier's check made payable to the Colorado
Department of Revenue. Said fine shall be paid to the Department of Revenue on
or before JuIL24., 2013.
B. Upon the timely payment of the fine agreed upon in this paragraph, Licensee's
five (5) day suspension as set forth in paragraph 5 of this stipulation and
agreement shall be deemed automatically permanently stayed.
C. If the Licensee fails to make payment in a timely manner as detailed in this
paragraph, the full five (5) day suspension shall be served as detailed in paragraph
5.
Ills Order shall be admissible as evidence in future proceedings concerning any alleged
violation of this Order. The matters at issue in said future proceeding shall be limited to
the question ofwhether or not Licensee has failed to comply with the terms of this Order.
Any issues relating to the underlying complaint or investigation that formed the basis for
action against Licensee (and any defenses that Licensee may have to such complaint and
investigation) shall specifically not be at issue in the proceeding against Licensee for
failing to comply with the terms of this Order. In the event an alleged violation of this
Order is taken to hearing and the State Licensing Authority determines that the
allegations are proven, or Licensee enters into a stipulation in lieu of hearing in which it
admits such allegations, the State Licensing Authority shall, in addition to any other
penalty imposed.. order Licensee to serve all or any days of suspension presently held in
abeyance pursuant to this agreement. In the event an alleged violation of this Order is
taken to hearing and the State Licensing Authority determines that the allegations are
unproven, then the Division shall take no further action and this Order shall remain
operative and in full force and effect.
Upon execution by all parties, this Order and all its terms shall have the same force and
effect as an order entered after a formal hearing pursuant to § 1247-601, C.R.S., except
that it may not be appealed. Failure to comply with the terms of this Order may be
sanctioned by the State Licensing Authority as set forth in §§ 12-47-103(9) (b) and 1247-
601, C.R.S.
10, Licensee expressly agrees and acknowledges that Licensee has entered into this Order
knowingly and voluntarily. Licensee acknowledges that the terms of this Order were
mutually negotiated and agreed upon. After the opportunity to consult with legal counsel,
Stipulation, Agreement, and Order
Montana's Cantina & Grill
Grand Junction Office
Page 4
Licensee affurns that Licensee has read this Order and fully understands its nature,
meaning and content. Licensee agrees that upon execution of this Order, no subsequent
action or assertion shall be maintained or pursued by Licensee asserting the invalidity in
any manner of this Order.
11. Upon execution by all parties, this Order shall represent the entire and final agreement of
the parties. In the event that any provision of this Order is deemed unenforceable by a
court of competent jurisdiction, such provision shall be severed, and the remainder of this
Order shall be given full force and effect.
12. Licensee understands and knowingly and voluntarily enters into this Order. Licensee
further understands and knowingly and voluntarily waives the following rights:
A. The right to a formal disciplinary hearing on the merits of the matters forming the
basis of this Order and the right to require the State Licensing Authority to meet
its burden of proof in a formal hearing;
B. The right to cross-examine all witnesses against Licensee at a formai hearing;
C. The right to subpoena witnesses, present evidence and to testify on Licensee's
own behalf at a formal hearing;
D. The right to be represented by counsel of Licensee's own choosing and at
Licensee's expense at any stage of this proceeding;
E. The right to engage in pre -hearing discovery of the State Licensing Authority's
evidence; and
F. The right to appeal this Order.
13. All the costs and expenses incurred by Licensee to comply with this Order shall be the
sole responsibility of the Licensee, and shall not in any way be the obligation of the
Division.
14. This Order shall be effective on the date approved and ordered bythe Executive Director
of the Department of Revenue, as the State Licensing Authority. Should the State
Licensing Authority reject the terms hereof, Respondent's admissions herein shall be
withdrawn, and the matter scheduled for a hearing after issuance of an Order to Show
Cause.
Stipulation, Agreement, and Order
Montana's Cantina & Grill
Grand. Junction Office
Page 5
15. Upon approval and order of the State Licensing Authority, this Order shall become a
permanent part of the record, and shall be open to public inspection and published
pursuant to the Division's standard policies and procedures or applicable law.
Z
Don Burmania
Director
Liquor Enforcement Division
Thomas B'e-.
4ave7
Montana's Cantina & grill
0 -
Date Date
APPROVED and ORDERED thisz2 day of
j",C:N6V,Lf
Barbara J. Brohf/
Executive Director
Department ofRevenue
State Licensing Authority
BEFORE THE DIRECTOR DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
STATE OF COLORADO
ASSURANCE OF VOLUNTARY COMPLIANCE
AVC 15-307
IN THE MATTER OF:
MONTANA'S CANTINA & GRILL LLC
D/B/A MONTANA'S CANTINA & GRILL
82 BEAVER CREEK BOULEVARD UNIT 114
AVON, COLORADO 81620
Hotel & Restaurant License No. 12-94597-0000
The State of Colorado, Liquor Enforcement Division ("Division") and Montana s Cantina & Grill
LLC. d/b/a Montana's Cantina & Grill, 82 Beaver Creek Boulevard Unit 114, Avon, Colorado
81620, ("Licensee") hereby agree to the terms of this Assurance of Voluntary Compliance
pursuant to Regulation 47-601, of the Colorado Liquor Rules, 1 C.C.R. 203-2, promulgated by
the State Licensing Authority, Executive Director, Colorado Department of Revenue.
Licensee has been the subject of an investigation conducted by the Division. Agents of
the Division allege violations of the Colorado Liquor Code, Section 12-47-411 (c), C.R.S.
IT IS ALLEGED THAT:
A. On February 25, 2015, the Licensee did not have light snacks and sandwiches
available after 10:00 p.m. through close of business. This Licensee received a
warning letter on December 8, 2014 for no food available after 10:00 pm.
2. TERMS OF RESOLUTION:
Without admitting any violation of the above referenced provisions, the Licensee, in
order to resolve all issues brought forward by the Division, states, affirms and assures
that the Licensee will henceforth voluntarily comply with the following requirements:
A. Have snacks and sandwiches available after 8:00 p.m. and until alcohol beverage
service is stopped.
B. If a future food service violation is found against the licensee, the Division will move
forward with the formai disciplinary process.
Assurance of Voluntary Compliance
Montana's Cantina & Grill
Grand Junction Office
Page 2
The Licensee further stipulates and agrees to pay a sum of 5200.00 by certified check or
money order as a voluntary payment to compensate the State of Colorado for its
reasonable costs of the investigation in this matter, and agrees to make payment to and
reimburse the Division said amount. The Division must receive the payment within
ten (10) days of the date of the acceptance of terms of this Assurance of Voluntary
Compliance by the Director of the Liquor Enforcement Division. The payment shall
be payable to:
Colorado Department of Revenue
And sent to:
Colorado Liquor Enforcement Division
Attention: AVC
1881 Pierce Street, Suite 108
Lakewood, Colorado 80214
AGREED and ACCEPTED, this day of :(f /Zfoil b 2015.
Thomas Beaver
Montana's Cantina & Grill LLC
APPROVED this dday of _ Q0-4 !A 2015•
Patrick Marone} __
Division Director
Liquor Enforcement Division
Telecopy or electronic versions ofthis stipulation wjhich contain telecopyfacsimiles ofsignatures shall be
deented duplicate executed originals ofthe stipulation. This stipulation may be executed in counterparts
and delivered byfacsimile, U.S. Mail (or private carrier), or .pdf transmission.
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION, AGREEMENT, AND ORDER
SA 16-257
IN THE MATTER OF:
MONTANA'S CANTINA & GRILL LLC
D/B/A MONTANA'S CANTINA & GRILL
82 EAST BEAVER CREEK BOULEVARD UNIT 114
AVON, COLORADO 81620
Hotel & Restaurant License No. 12-94597-0000
The State of Colorado, Liquor Enforcement Division ("Division") and Montana's Cantina & Grill
LLC, d/b/a Montana's Cantina & Grill, 82 East Beaver Creek Boulevard Unit 114, Avon,
Colorado 81620 ("Licensee") hereby stipulate and agree as follows:
1. Licensee has been the subject of an investigation conducted by the Division. Agents of
the Division allege violations of the Colorado Liquor Code, Section 12-47-901(5)(b)(I),
C.R.S.
IT IS ALLEGED THAT:
A. On March 7, 2016, at approximately 4:21 a.m., the Licensee, by and through its
employee's/agents Zachary Burge and Stephanie Kaminski served or distributed malt
liquor for consumption on the licensed premises during the prohibited hours of 2:00
a.m. and 7:00 a.m.
B. This case is aggravated due to the fact the Licensee, Thomas Beaver, previously
entered into an Assurance of Voluntary Compliance (AVC) with the Division on
September 10, 2015 that he would have no further violations of the liquor code within
a year. This case occurred within the one year period.
C. This case was mitigated due to the fact the Licensee self-reported the violation that
occurred on March 7, 2016, which is listed in paragraph A.
2. Licensee acknowledges receipt of sufficient notice, advisement of rights, and process of
the proceedings and wishes to resolve all issues which were the subject of the
investigation, by entering into this Stipulation, Agreement, and Order ("Order").
Stipulation, Agreement, and Order
Montana's Cantina & Grill
Grand Junction
Page 2
3. The Division and Licensee have discussed the merits of the investigation and allegations,
and they have come to a mutual agreement and understanding to jointly propose to the
State Licensing Authority a resolution of the allegations in lieu of proceeding to the
issuance by the State Licensing Authority of an Order to Show Cause and conducting ahearingtodeterminethemeritsofsuchallegations. The terms and conditions of this
Order are subject to approval by the State Licensing Authority.
4. Licensee admits the violations as alleged above in paragraph 1.
5. Licensee agrees, in lieu of the issuance of an Order to Show Cause, and subsequent
proceedings, to submit to the following sanctions:
A. A nine (9) day suspension of Licensee's hotel & restaurant license to take place
as follows:
i. License to be actively suspended for three (3) days from 12:01 a.m. on
October 12, 2016 until 11:59 p.m. on October 15, 2016.
ii. During any period of active license suspension, Licensee shall post signs
on its premises in compliance with Regulation 47-600(F), 1 C.C.R. 203-2.
iii. Six (6) days of the suspension to be held in abeyance for a period of one
1) year, from the date of approval of this agreement by the state licensing
authority, pending no further violations of the Colorado Liquor Code
during this period.
6. The Licensee has filed a written petition to the Division in accordance with 12-47-601(3),
C.R.S. requesting that the Licensee be allowed to pay a fine in lieu of active suspension.
The Division finds that the petition supports the following:
A. That the public welfare and morals would not be impaired by permitting theLicenseeto operate during the period set for suspension and that the payment of
the fine will achieve the desired disciplinary purposes; and
B. That the books and records of the Licensee are kept in such a manner that loss of
sales of alcohol beverages which the Licensee would have suffered had the
suspension gone into effect can be determined with reasonable accuracy.
7. The parties agree that the fine shall be the equivalent of twenty percent (20%) of the
Licensee's estimated gross revenues from the sales of alcohol beverages during a period
of three (3) days, except that the fine shall not be less than two hundred dollars ($200.00)
Stipulation, Agreement, and Order
Montana's Cantina & Grill
Grand Junction
Page 3
nor more than five thousand dollars ($5,000.00). The parties agree that the average days'
sales for the month of April 2016 shall be the appropriate measure of said estimated
gross revenues. Based upon these records, the amount of the fine has been determined to
be $930.$7.
A. Payment of the fine pursuant to the provisions of this agreement shall be in the
form of a certified check or a cashier's check made payable to the Colorado
Department of Revenue. Said fine shall be paid to the Department of Revenue on
or before October 1, 2016.
B. Upon the timely payment of the fine agreed upon in this paragraph, Licensee's
three (3) day suspension as set forth in paragraph 5 of this stipulation and
agreement shall be deemed automatically permanently stayed.
C. If the Licensee fails to make payment in a timely manner as detailed in this
paragraph, the full three (3) day suspension shall be served as detailed in
paragraph 5.
This Order shall be admissible as evidence in future proceedings concerning any alleged
violation of this Order. The matters at issue in said future proceeding shall be limited to
the question of whether or not Licensee has failed to comply with the terms of this Order.
Any issues relating to the underlying complaint or investigation that formed the basis for
action against Licensee (and any defenses that Licensee may have to such complaint and
investigation) shall specifically not be at issue in the proceeding against Licensee for
failing to comply with the terms of this Order. In the event an alleged violation of this
Order is taken to hearing and the State Licensing Authority determines that the
allegations are proven, or Licensee enters into a stipulation in lieu of hearing in which it
admits such allegations, the State Licensing Authority shall, in addition to any other
penalty imposed, order Licensee to serve all or any days of suspension presently held in
abeyance pursuant to this agreement. In the event an alleged violation of this Order is
taken to hearing and the State Licensing Authority determines that the allegations are
unproven, then the Division shall take no further action and this Order shall remain
operative and in full force and effect.
9. Upon execution by all parties, this Order and all its terms shall have the same force and
effect as an order entered after a formal hearing pursuant to § 12-47-601, C.R.S., except
that it may not be appealed. Failure to comply with the terms of this Order may be
sanctioned by the State Licensing Authority as set forth in §§12-47-103(9) (b) and 12-47-
601, C.R.S.
Stipulation, Agreement, and Order
Montana's Cantina & Grill
Grand Junction
Page 4
10. Licensee expressly agrees and acknowledges that Licensee has entered into this Order
knowingly and voluntarily. Licensee acknowledges that the terms of this Order were
mutually negotiated and agreed upon. After the opportunity to consult with legal counsel,
Licensee affirms that Licensee has read this Order and fully understands its nature,
meaning and content. Licensee agrees that upon execution of this Order, no subsequent
action or assertion shall be maintained or pursued by Licensee asserting the invalidity in
any manner of this Order.
11. Upon execution by all parties, this Order shall represent the entire and final agreement of
the parties. In the event that any provision of this Order is deemed unenforceable by a
court ofcompetentjurisdiction, such provision shall be severed, and the remainder of this
Order shall be given full force and effect.
12. Licensee understands and knowingly and voluntarily enters into this Order. Licensee
further understands and knowingly and voluntarily waives the following rights:
A. The right to a formal disciplinary hearing on the merits of the matters forming the
basis of this Order and the right to require the State Licensing Authority to meet
its burden of proof in a formal hearing;
B. The right to cross-examine all witnesses against Licensee at a formal hearing;
C. The right to subpoena witnesses, present evidence and to testify on Licensee's
own behalf at a formal hearing;
D. The right to be represented by counsel of Licensee's own choosing and at
Licensee's expense at any stage of this proceeding;
E. The right to engage in pre -hearing discovery of the State Licensing Authority's
evidence; and
F. The right to appeal this Order.
13. All the costs and expenses incurred by Licensee to comply with this Order shall be the
sole responsibility of the Licensee, and shall not in any way be the obligation of the
Division.
14. This Order shall be effective on the date approved and ordered by the Executive Director
of the Department of Revenue, as the State Licensing Authority. Should the State
Licensing Authority reject the terms hereof, Respondent's admissions herein shall be
Stipulation, Agreement, and Order
Montana's Cantina & Grill
Grand Junction
Page 5
Patrick Maroney
Division Director
Liquor Enforcement Division
Date
Thomas Beaver
Montana's Cantina & Goll LLC
Date
APPROVED end ORDERED this day of 21116:
Aba J. Brohl
Executive Director
Dcpartrnent of Revenue
State Licensing Authority
Telecopy or electronic versions ofthis stipulation which contalrr telecapyfacritnilesdeemedduplicateexecutedoriginalsofhisstipulationofsignatires shall beThisstipulationmaybeexecutedinrounlerpartsanddeliveredbyfacsimile, U.S. Mail (or private carrier), or .pdjtransmission.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, APRIL 11, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairman Fancher called the meeting to order at 5:29 p.m. A roll call was taken and Board members
present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips and Megan Burch.
Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly,
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. PUBLIC HEARING FOR NEW HOTEL AND RESTAURANT LIQUOR LICENSE
Start time: 00:00:47
4.1. Applicant Name: Prost, LLC d/b/a Ein Prosit Fine Beers and Sausages
Location: 82 East Beaver Creek Place, Suite M101
Type: Hotel and Restaurant Liquor License
Owner: Scott Pohlman
Action: Resolution No. 17-01
Chairman Fancher opened the public hearing for comments. There were not public comments.
Jeremy Thelen was present to answer questions and to talk about the restaurant.
Board member Wolf asked about the deck area and was concerned about patrons carrying alcohol
between establishments.
Board member Smith Hymes moved to approve Resolution 17-01, a resolution approving the application
for Prost, LLC, d/b/a Ein Prosit Fine Beers and Sausages for a hotel and restaruant liqour license. Board
member Phillips seconded the motion and it passed unanimously.
5. MINUTES FROM MARCH 14, 2017
Start time: 00:05:52
Board member Gennett moved to approve the minutes from March 14, 2017, Liquor Authority meeting.
Board member Wolf seconded the motion and it passed unanimously.
6. ADJOURNMENT
There being no further business to come before the Board, Mayor Fancher moved to adjourn the liquor
meeting. The time was 5:36 p.m.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, APRIL 11, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 2
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: Matt Pielsticker, AICP, Planning Director
Meeting Date: April 25, 2017
Agenda Topic: Interviews and Appointments of up to Four Planning and Zoning Commission
Members
ACTION BEFORE COUNCIL
Vote and appointment of four (4), two year positions on the Planning and Zoning (PZC) Commission.
SUMMARY
The Community Development Department received six (6) applications for four (4) open positions on the
Avon PZC. The appointments will all be for two (2) two year terms, expiring in May, 2019. Interviews and
then appointment of members to the PZC is included on the April 25, 2017 Town Council meeting agenda.
Below is a summary of the positions expiring and the continuing members:
Expiring Terms (5/1/16 Term Expiration)
*Lindsay Hardy Real Estate – Avon Resident
*Jared Barnes Multi-modal Planner – Avon Resident
Tab Bonidy Architect – Avon Resident
Jim Clancy Beaver Creek Resort – Avon Resident
*Members with expiring terms that have re-applied
Continuing Members with Terms Expiring May, 2018
Kenneth J. Howell HR Generalist for Beaver Creek – Avon Resident
Marty Golembiewski Civil Engineer – Avon Resident
John Minervini Retired – Avon Resident
ROLE OF PZC
The role of the PZC is to review and recommend to the Town Council desirable or necessary modifications
to the zoning ordinance, subdivision regulations, and to review and approve design review procedures and
criteria as they relate to the zoning ordinance. The PZC acts as the Design Review Board of the Town and
performs all duties and exercises related thereto. Other essential functions of the PZC are making
recommendations to Comprehensive Planning documents, updates to long range plans, special projects,
and assignments..
Given the dual role in dealing with both zoning and design review authority for the Town, the Avon
Municipal Code recognizes that a balance in membership is necessary between the lay community and
industry professionals.
MUNICIPAL CODE REQUIREMENTS (Attachment A)
The Avon Municipal Code (‘AMC”) requires that at least five (5) members shall be registered electors of
the Town at the time of their appointment. The AMC also recommends that a minimum of two (2) to
three (3) industry professionals hold positions at all times, and that two (2) of these professionals be
architects, landscape architects or designers.
After consideration has been given first to industry professionals, the AMC states that Council should then
consider the following criteria in descending order:
1. Registered electors of the Town shall be preferred over persons who are not registered electors.
2. Persons having special skills and experience of particular value to the Commission should be
preferred over persons who do not.
APPLICANTS – Attachment B
As of Wednesday, April 19, 2017, the Town received six (6) applications for the open seats, two (2) of which
are current members of the commission. The information received from applicants is attached to this
report for your review as Attachment B. During the Regular Meeting, scheduled to begin at approximately
5:15pm, the agenda includes time to interview each applicant for 10-15 minutes. The interview order,
organized first with current members who have reapplied, and then by the date applications were
received, is as follows:
5:15 p.m. – 5:25 p.m. Jared Barnes – Multi-modal Planner – Avon Resident
5:25 p.m. – 5:35 p.m. Lindsay Hardy – Real Estate/Design/Sales – Avon Resident
5:35 p.m. – 5:50 p.m. William Glaner – Landscape Architect – Avon Resident
5:50 p.m. – 6:05 p.m. Steven Nusbaum – VR Metro District Supervisor – Edwards Resident
6:05 p.m. – 6:20 p.m. Barb Waters – Project Manager – Edwards Resident
6:20 p.m. – 6:35 p.m. Troy Fuller – Insurance Agent – Edwards Resident
6:35 p.m. ---------Discussion, Voting, and Appointments------------
STAFF RECOMMENDATION
Staff recommends the Council seek insight into each applicant’s interests and added value carrying out
work in the following areas:
• Town Properties Planning -- Comprehensive Planning – Public Outreach Tactics
• Design Review and Zoning Applications
• Multi-modal Planning and Implementation
• Walkability Improvements (i.e. wayfinding, traffic calming)
ATTACHMENTS
A – Avon Municipal Code §7.12.040, Planning and Zoning Commission
B – Applicant Information
Page 2
Attachment A
7.12.040 Planning and Zoning Commission.
(a) Establishment and Purpose. There is hereby established a Planning and Zoning Commission of the
Town. The purposes of the Planning and Zoning Commission (PZC) are as follows:
(1) To implement the goals and policies of the Avon Comprehensive Plan;
(2) To guide and accomplish a coordinated, adjusted and harmonious development of the Town
and its environs, that will, in accordance with present and future needs, best promote health, safety,
morals, order, convenience, prosperity, quality of life and general welfare, as well as efficiency and
economy in the process of development, including, among other things, adequate provision for
traffic, the promotion of safety from fire, floodwaters and other dangers, adequate provision for
light and air, the promotion of healthful and convenient distribution of population, the promotion of
good civic design and arrangement, wise and efficient expenditure of public funds and the adequate
provision of public utilities and other public requirements;
(3) To promote health and general welfare; to provide adequate light and air; to prevent the
overcrowding or inefficient use of land; to avoid undue concentration or dispersal of population; and
to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other
public requirements;
(4) To preserve the natural beauty of the Town's site and setting; to prevent indiscriminate
clearing of property, removal of trees and earthmoving; and to attain the objectives set out in the
Development Code through design review of the exterior design of all new structures and property
development and additions to all existing structures and property development.
(5) The PZC shall serve as a design review board for the Town. The purposes of the PZC when
acting as the design review board are as follows:
(i) To ensure that the architectural design of vertical structures and their materials and colors
conform with the Town's overall appearance, with surrounding development if appropriate, with
natural and existing landforms, with the standards identified in the Development Code and with
officially approved development plans, if any, for the areas in which the structures are proposed to be
located;
(ii) To ensure that the location and configuration of vertical structures, including signs and
signage, are contextually appropriate to their sites and with surrounding sites and structures if
appropriate and that the structures and signage conform to the requirements of the
Development Code;
(iii) To ensure that plans for the landscaping of property and open spaces conform with the
rules and regulations as prescribed by the Town and to provide appropriate settings for vertical
structures on the same site and on adjoining and nearby sites as determined by the Development
Code; and
(iv) To prevent excessive or unsightly grading of property that could cause disruption of
natural watercourses or scar natural landforms.
Page 3
(b) Duties. The PZC shall have the following functions and duties:
(1) Review development applications, amendments to the Avon Comprehensive Plan and
amendments to this Development Code, provide recommendations to the Town Council and render
decisions as such authority is indicated in this Chapter 7.12;
(2) Upon request and direction by the Council, make and recommend plans for the physical
development of the Town, including any areas outside its boundaries, subject to the approval of the
legislative or governing body having jurisdiction thereof;
(3) Upon request and direction of the Council, conduct research, prepare studies, review other matters
which are related to the present conditions and future growth of the Town, and provide comments and
recommendations thereon to the Council; and
(4) Review and make recommendations to the Council about the design of proposed
development, with due regard for design standards of this Development Code and other design
criteria and guidelines adopted by the Town, code text amendments that address design review
procedures and criteria and any design review guidelines for the Town relating to bulk and design
regulations to be imposed or that establish design standards for specific uses, types of uses, parking
standards, streetscapes or other similar items.
(c) Membership. The PZC shall be composed of seven (7) members appointed by the Council.
(d) Qualifications of Members. Registered electors residing in the County shall be eligible for appointment,
but at least five (5) members shall be registered electors of the Town at the time of their appointment to
the PZC. The composition of PZC shall strive to achieve a balance in the membership between the lay
community and industry professionals (architects, landscape architects, designers, real estate developers
and/or contractors) in order to efficiently and effectively perform the design review functions of the PZC.
Appointments should be made first to maintain the balance between industry professionals and the lay
community (it is recommended that a minimum of two [2] to three [3] industry professionals hold
positions on the PZC at all times and that two [2] of these professionals be architects, landscape architects
or designers). Registered electors of the Town should be preferred over persons who are not registered
electors. Persons having special skills and experience of particular value to the PZC should be preferred
over persons who do not.
(e) Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business,
but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In
the absence of all members, any staff member shall adjourn any meeting to a later time or date.
(f) Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member
of the PZC who ceases to possess the qualifications for office that the member possessed at the time
of appointment may be permitted by the Council to serve until the end of the appointed term,
provided that the PZC member continues to reside in the County. A member of the PZC may be
removed by Council pursuant to Subsection (h), Removal from Office, below.
(g) Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the
Council, dies, becomes incapacitated and unable to perform the required duties for a period of
ninety (90) days, resigns, ceases to be a registered elector of the County or is convicted of a felony.
Page 4
In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the
remainder of the term of the former member.
(h) Removal from Office. A member of the PZC may be removed for misconduct, conduct
unbecoming of a Town official, violation of the Town's code of ethics, inefficiency or more than two
(2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a
hearing and shall provide written notice to the PZC member stating the grounds for removal at least
three (3) days prior to the hearing.
(i) Officers. The PZC shall select its own chairperson, a vice chairperson and a secretary from among
its members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of
its meeting. In the absence of both the chair and the vice chair from a meeting, the members present
shall appoint a member to serve as acting chair at the meeting.
(j) Compensation. All members of the PZC shall serve with compensation at a rate established
annually by the Council and be reimbursed for all authorized personal expenses incurred while
performing duties as a PZC member.
(k) Staff. The Director shall serve as the staff of the PZC and shall provide for the service of a
recording secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving
applications and other material for consideration for the PZC.
(l) Rules and Regulations. The PZC shall operate in accordance with its own rules of procedure as
provided for in Section 11.2 of the Town Charter; provided, however, that the PZC shall submit its
proposed rules or any amendment to the rules to the Council, which by motion shall approve the
rules or amendment and direct their adoption by the PZC or disapprove the proposal with directions
for revision and resubmission. The rules shall be filed with the Town Clerk and maintained in the
records of the Town and shall be subject to public inspection. The PZC may provide for certain
variances, exceptions and exemptions from the requirements of its rules and regulations.
(m) Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC and
otherwise upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All
meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given
to all interested parties.
(n) Material to be submitted. The PZC shall adopt rules and regulations including procedures and
schedules for applications requiring action by the PZC.
(o) Agenda. The PZC may schedule the review of applications on the next available agenda when the
next agenda is full and will likely result in an overly long meeting.
(p) Authority to Retain Consultants. The PZC is authorized to retain the services of one (1) or more
consultants, provided that funds have been appropriated by the Town for said purpose or paid as part of
the application fee by the applicant, to advise and assist the PZC in performing the functions prescribed in
this Section. The consultants may be retained to advise the Commission on a single project, on a number of
projects or on a continuing basis. (Ord. 10-14 §3)
Page 5
March 29, 2017
Mrs. Peggy Hatley
Human Resources Department
Town of Avon
One Lake Street PO Box 975 Avon, CO 81620
Dear Mrs. Hatley,
I am very pleased to present you with this cover letter and my resume for consideration in
your search for the best candidate to fill the Planning and Zoning Commissioner position.
Upon reading the job description posted online and performing in this capacity for the
past two years, I am confident that my professional planning experience and education provide a perfect match for this position.
As outlined in my attached resume, I will bring to your municipality a broad range of
skills and firsthand knowledge of the development issues facing the Town of Avon,
including:
• Experience as a Town Planner and Transportation Planner which are skillsets not
currently represented on the Planning and Zoning Commission and will assist the
Town and applicants in receiving comprehensive and well-rounded feedback on
the variety of proposals presented to the board;
• Detailed knowledge of the Avon Municipal Code, Avon Development Code and the processes therein;
• Recognition of the codified language and design standards, as well as their intent,
and the ability to apply those standards to applications under consideration of the
Planning and Zoning Commission;
• Comprehensive understanding of and the ability to implement the existing Avon Comprehensive Plan, West Town Center District Investment Plan, East Town Center Plan, Avon Comprehensive Transportation Master Plan, Harry A.
Nottingham Park Master Plan, and other long range planning efforts;
• Understanding of the roles and relationships between the Town Council, Staff and
the Planning and Zoning Commission.
• Familiarity with the Village at Avon development agreement and PUD and an
understanding of the relationship between their design review board and the
Town’s Planning and Zoning Commission;
I sincerely ask you for the opportunity to discuss my credentials, and ability to enhance
your team’s success. I appreciate your time and consideration.
Respectfully yours,
Jared Barnes
Jared Barnes
971 West Beaver Creek Boulevard, Unit B4
PO Box 7684
Avon, CO 81620
Phone: 970.331.3999 Email: Jared_Barnes@yahoo.com
OBJECTIVE: To be appointed to the Town of Avon Planning and Zoning Commission and represent the residents of the
Town of Avon on this advisory board.
PROFESSIONAL EXPERIENCE
Eagle County, Colorado December, 2013 – Present
Multi-Modal Planner
Grant writing for ECO Transit and ECO Trails.
Construction management for bus shelter and stop improvements for ECO Transit.
Construction management for trail maintenance projects for ECO Trails.
Master planning updates for ECO Trails to catalogue existing and proposed improvements to the Eagle Valley
Trail to comply with MUTCD and ADA standards.
Prepare and present project proposals to Town Boards, and Commissions.
Prepare and present legal agreements on behalf of ECO Transit and ECO Trails to the Eagle County
Commissioners and Town Councils throughout Eagle County.
Eagle County liaison on regional planning efforts for transportation and trails master planning.
Town of Avon, Colorado January, 2007 – December, 2013
Planner
Evaluate and manage development applications, zoning modifications, and subdivision applications related to
municipal codes, sub-area plans, and design standards.
Manage long range planning efforts, including adoption of and updates to sub-area master plans and
comprehensive plans, in collaboration with community stakeholders, consultants, and internal committees.
Prepare and present project proposals and recommendations to the Planning Commission and Town Council.
Advise members of the public regarding zoning, code enforcement, building, and subdivision regulations.
Manage electronic archiving of building permit plan sets, building permit files, and planning/zoning files.
Core team member in the adoption of a unified development code incorporating zoning, subdivision, and
design review standards, partnering with community stakeholders.
Town liaison on regional planning efforts for transportation and county master planning, as well as county
code enforcement.
Streamlined the process for accepting and routing applications for review, while simplifying interfaces
between town staff and applicant.
Implemented a permit tracking software system. Customized it to interface with development review, code
enforcement and billing system.
City of Louisville, Colorado January, 2005 – January, 2007
Planning Intern
Created a tracking system for archiving planning files.
Researched and drafted the new sign code adopted by the city.
Provided zoning compliance review for current planning projects.
Advised members of the public regarding zoning and code enforcement regulations.
City of Portage, Michigan May, 2004 – August, 2004
Planning Intern
Updated ArcGIS layers.
Facilitated Municipal Code amendments by surveying other jurisdictions.
Performed site inspections for new construction.
EDUCATION
University of Colorado at Boulder August, 2002 – December, 2006
Bachelor of Environmental Design in Planning/Urban Design
Minor in Geography
Related Coursework: Real Estate
SOFTWARE SKILLS
ESRI ArcGIS, Google SketchUp, Adobe InDesign, Adobe Photoshop, Adobe Illustrator, LaserFische, Microsoft Office
Suite, and Sungard Pentamation.
MEMBERSHIPS & ACTIVITIES
American Planning Association; Colorado Chapter (#181924)
University of Colorado Alumni Association
Event organizer for annual American Heart Association Cycle-A-Thon (Gypsum, CO)
LINDSAY L. HARDY
331 Nottingham Rd X1944 | Avon, Colorado, 81620 | 850.252.0742 | LindsayLHardy@gmail.com
I am a passionate and highly motivated individual looking to continue my position with the
Planning and Zoning Commission for the Town of Avon. I studied Architecture with an emphasis
in Town Planning and New Urbanism. Our focus was always about the betterment of the
community and the Individual lives within. I believe I would continue to make a great candidate
and member of the Avon Planning & Zoning Commission; I have a great understanding and
appreciation of past issues and projects, and I have a huge desire to reach out and greater
understand the concerns and goals of local community members. I reach a different audience
than most commissioners; I am a young single female living in this diverse and exciting valley.
Additionally, I have become a new home owner in the Town, and I have acquired a real estate
License in the last year, my knowledge about those that live and visit the area is constantly
growing. I believe the current council members would enjoy my Passion, Enthusiasm and
Eagerness to learn and represent the town well.
LINDSAY L. HARDY
331 Nottingham Rd X1944 | Avon, Colorado, 81620 | 850.252.0742 | LindsayLHardy@gmail.com
OBJECTIVE
I am a passionate and highly motivated individual looking to continue my position with the Planning and
Zoning Commission for the Town of Avon. I studied Architecture with an emphasis in Town Planning and
New Urbanism. Our focus was always about the betterment of the community and the Individual lives
within. I believe I would continue to make a great candidate and member of the Avon Planning & Zoning
Commission; I have a great understanding and appreciation of past issues and projects, and I have a huge
desire to reach out and greater understand the concerns and goals of local community members. I reach a
different audience than most commissioners; I am a young single female living in this diverse and exciting
valley. Additionally, I have become a new home owner in the Town, and I have acquired a real estate
License, my knowledge about those that live and visit the area is constantly growing. I believe the current
council members would enjoy my Passion, Enthusiasm and Eagerness to learn and represent the town well.
EDUCATION
Associate Degree [2003-2005]
Gulf Coast Community College
Major: General; Minor: History/Psychology
Bachelor of Architecture [May 2010]
University of Miami
Major: Architecture; Minor: History, Psychology & Urban Studies
Preservation Certificate
Planning Emphasis - Multiple courses taken with the M.U.D program (Masters of Urban Design) at UMiami.
Many Suburb & Town Design classes and professor mentorship.
Real Estate – Broker Associate [November 2016]
State of Colorado
License
SKILLS & ABILITIES
[Communication]
Many Years Experience with Presentations, Supervisor Experience, Project Management, as well as Leadership
Roles.
[Leadership]
Served as a Lifeguard & Supervisor for Six Years. Providing excellent organizational skills with intense people
interactions & public relations fostering Guest and Lifeguard Satisfaction. Excellent experience with support in
Team environments.
EXPERIENCE & ACCOLADES
[Architectural Intern] 2007
Collins & Associates
Responsible for AutoCAD work, Construction Documentation, Office Administration, as well as, Working
and establishing a strong Team atmosphere.
Onsite Training with the Architectural Engineer and Contractors.
I often shadowed the Proprietor of the firm, learning the ins and outs of the office and the business side
of the firm.
[Architectural Intern/Full Time] 2012-2015
Vail Architecture Group - VAg
Responsible for Drawings, Redlines, Construction Schedules, Interior Designs, Office
Administration, and Project Documentation.
[Volunteer]
Habitat for Humanity
As a volunteer for Vail Valley Habitat for Humanity, we interacted with constant onsite building,
development, digging for arrogation systems, as well as working with and organizing the sub-
contractors. We were always working with other volunteers with enthusiasm.
LINDSAY L. HARDY
331 Nottingham Rd X1944 | Avon, Colorado, 81620 | 850.252.0742 | LindsayLHardy@gmail.com
[Preservation Certificate]
Knowledge & Application of Preservation
Miami Marine Stadium – Continues to make local Miami Headlines, as well with our help,
acquired a Standing in the “11 Most Endangered” National Preservation List in 2009.
[Avon Planning & Zoning Commission]
Knowledge & Application of Architecture, Design, Comprehensive Planning, Zoning, Code
amendments, Transportation Considerations, Capital Improvement Analysis, and other ranges
of work.
[Real Estate License]
Broker Associate – State of Colorado
[Haiti Charrette]
Participated in the Haiti Charrette held at the University of Miami. I worked and collaborated with
the delegates from the Dominican Republic, sharing ideas and design options for rebuilding and
rehabilitating Haiti after the earthquake. I completed renderings and sketches for a cross border
market scheme. The final presentations were presented to a world audience in New York City and
Published in the New York Times. These and other Documents were further published and presented
about rebuilding within Haiti. (New York Times)
[Accolades]
2010 – Historical Concepts Award for Best Urban Design and Planning Project & Contribution to a
Studio Environment. (future publication)
2009 – My Comprehensive Planning Project on Global Warming in the Era of Climate Change was
presented at the 2009 Global Conference on Global Warming in Istanbul
2009 – Preservation Efforts Sustained Conservation Funding and Community Support for the Miami
Marine Stadium. Our Efforts Generated National News with Multiple Publications – New York Times,
Preservation Magizine, Miami News Hearld)
http://www6.miami.edu/communications/homepage/marinestadium/
2010 -- Placed 3rd and 10th in the AIA 2010 Photo Contest
2012—Habitat for Humanity Lead - Volunteer (Edwards Location)
2011-2012 – Multiple Publications in the Bay County New Herald. I often wrote letters to the editor of
the local news paper back home discussing the planning and architecture failures, possibilities, and
future for Panama City Beach. This series of letters were meant to encourage and educate the local
population about what the town could be and should be if only it aspired to be more than just a
Spring Break Town; thus, how to develop into a more viable community through its code
development and planning.
LOCAL JOBS AND EXPERIENCE
Beaver Creek Guest Services & Ticket Sales – 2010/11, 2011/12, 2014/15 Winter Season
Red Sky Ranch – Guest Service Attendant – 2011 & 2012 Summer Season
Eagle Valley Habitat for Humanity – Volunteer – Summer of 2012
Vail Architecture Group (VAg)– Full Time Architectural Intern (Practicing, Non-Licensed) – 2012-2015
Avon Planning & Zoning Commission – 2013, Current
King Realty – 2015-Current
Alan-Bradley Windows & Doors – 2016, Currrent
CLOSING
I thank you for taking the time to consider my Resume. I am a passionate individual when it comes to
planning and development. I have a Commitment and Passion to the Quality of Design, Construction,
and Urban & Town Planning, and I have the accolades to show for my excitement. I have been living in
Avon for 6 years, and have been excited to learn and experience as much as possible, especially
concerning Architecture and Planning. I would continue to make a great member of the Avon
Planning & Zoning Commission. Thank you!
William B. Glaner, ASLA
PO Box 1824, Avon, CO 81620 / 137 Benchmark Rd, Unit 307, Avon, CO 81620
201-841-0781 / wbglaner@gmail.com
RECOGNIZED PROFESSIONAL TESTIMONY
Licensed Landscape Architect, 1982 BS Rutgers University, NJ
Alpine Planning Board 2008 Provided expert testimony and received variances for large residential
Alpine, NJ project in (1) meeting.
Armonk Board of Architectural Review 2004 Provided expert testimony and received all approvals for large residential
North Castle, NY project including swimming pool and oversized garage for large motor coach.
Chester Planning Board 1990 Provided expert testimony and received numerous variances for Grand
Chester, NJ Union shopping center expansion project.
Franklin Lakes Planning Board 1989-2010 Provided expert testimony for commercial uses, medical office
Franklin Lakes, NJ building and numerous residential pool projects and other site improvements.
Harding Township Zoning Board 2013 Assembled team of professionals, prepared detailed drawings and received
of Adjustment unanimous approval in (1) meeting. Variances included maximum lot coverage,
Harding Township, NJ side yard setback and rear yard setback for custom spa installation.
NJ Superior Court 1993 Provided expert testimony for developer involved in Randolph, NJ
Morristown, NJ commercial project overturning lower court’s decision.
Old Tappan Planning Board 1992-2007 Provided months of expert testimony and received numerous
Old Tappan, NJ variances and approvals for large condominium and townhouse community
“The Village at Old Tappan” and numerous residential projects. This project
ultimately won an APA planning award.
Orangetown Planning Board 2009 Provided expert testimony for Crestron Electronics light industrial project
Orangetown, NY bordering residential zone.
Ramsey Design Review, Planning Board 2013 - 2014 Provided expert testimony resulting in numerous variances and
Shade Tree Commission approvals for new medical offices and freestanding sign in downtown business
Ramsey, NJ district. Careful attention to historic design vocabulary credited with success.
Rockaway Zoning Board of Adjustment 1992 Provided expert testimony and received all approvals for condominium
Rockaway, NJ and mixed use project.
Saddle River Planning Board 1989-2013 Provided expert testimony and consistently received numerous
and Zoning Board of Adjustment variances and approvals for a variety of residential clients. Projects ranging
Saddle River, NJ in size from small farmhouse renovation to large 7,000 cubic yard soil moving
application with motor court, swimming pool and pool house. Balancing
development goals of clients with environmental best management practices
many applications were approved in (1) meeting.
Tuxedo Park Bd. of Arch. Review (BAR) 2003-2010 Provided expert testimony receiving approvals for numerous
Tuxedo Park, NY residential projects with difficult site constraints.
Upper Saddle River Planning Board 2013 Provided expert testimony receiving approvals for variances for new
Upper Saddle River, NJ commercial and retail building along Route 17 South.
Wallkill Planning Board 2007 Provided expert testimony before BAR for hotel and commercial mixed
Wallkill, NY use project.
Wyckoff Zoning Board of Adjustment 2014 Provided expert testimony for residential project and received unanimous
Wyckoff, NJ approval for multiple variances.
1
From: Jim Clancy
Sent: Sunday, April 23, 2017 3:21 PM
To: Matt Pielsticker; Jennie Fancher
Subject: Steve Nusbaum for PZC
Hi Jennie and Matt,
I wanted to drop you a quick note of support for Steve Nusbaum's application for the Planning and
Zoning Commission. I have known Steve for at least 15 years and am completely confident when I
say he would be a great asset to the P&Z.
Steve and I have worked together in many capacities and in every case, he has proven to be level
headed, thoughtful, and committed to his work. I served on and chaired the Bachelor Gulch DRB
when Steve was the Administrator of the DRB office, I have been an Applicant presenting to Steve and the Boards he supported, I have been a member of Steve's staff, and for the last three years we
have been colleagues working to support the Beaver Creek, Bachelor Gulch, and Arrowhead
communities.
Needless to say, I know him well and I also know the transitioning Planning and Zoning Commission
well. The next Commission would benefit greatly from his extensive background and experience..
Please share my thoughts with the rest of Town Council and don't hesitate to give me a call if you
have any questions.
Good luck with the interview for the P&Z vacancies. I will certainly miss contributing to the Town's growth, but my time with my family needs to be my priority right now.
Thanks, Jim Clancy
331-6076
1
From: Barb Waters [mailto:info@peakbusiness.org]
Sent: Tuesday, April 11, 2017 6:06 PM
To: Matt Pielsticker
Subject: Interest in PZC Position
Hi Matt,
I would like to express interest in serving on the Planning and Zoning Commission for the Town of Avon. While
reading the Vail Daily on Monday I came across the Town News, along with your comments regarding Avon
planning and the upcoming decisions on potential development projects.
I have attached my resume for your review. I am a certified project manager, and although my projects to date
do not include town planning, I do have experience leading government projects with competing stakeholder
interests and budget and schedule constraints.
As a resident of Edwards and a regular patron of Avon businesses and events I am very interested in what the
future holds for Avon. I plan to attend the next PZC meeting on April 18th to learn more about this role. In the
meantime, please accept this email and attached resume as my request to be considered for one of the
available positions. Thank you for your time!
Sincerely,
Barb Waters
Owner and Project Manager
Peak Business Management
(719) 237‐5692
Barbara A. Waters, MBA, PMP
91 Creamery Trail, PO Box 357
Edwards, CO 81632
(719) 237-5692
springsbarb@gmail.com
www.linkedin.com/in/barbwaters
______________________________________________________________________
Summary: I am a project manager with over 15 years of experience leading both government and private sector projects,
and engaging and facilitating project teams. My education and experience includes an MBA, Project Management
Professional Certification (PMP) and nearly 10,000 hours of project management experience. I am a strong individual
contributor as well as an experienced and successful leader.
Key Accomplishments:
Administered programs for the Florida Department of Transportation, Colorado Judicial Branch and Florida Power
& Light.
Promoted SaaS software and storage solutions and contributed to product and process innovation.
Project Manager tasked to create a new call center with 70 seats and 225 representatives.
Administered corporate benefits for over 20,000 employees and their dependents, successfully overseeing open
enrollment periods from the planning stages through implementation.
Established and implemented employee guidelines throughout the organization.
Created training programs from the beginning of a project and managed the various stages of the training
program, including submitting the curriculum for CLE credit approval, creating course materials and delivering the
training to participants from all backgrounds.
Experience:
12/2005 – Present Consultant, Edwards, CO
Consultant for various clients including Memorial Health System, Florida Department of Transportation,
and multiple judicial districts.
Submitted RFPs, updated and maintained contracts.
Reviewed and offered suggestions for process improvement and total quality management.
Secured participation in multiple health fairs and town festivals.
Created business plans, including market analysis to help clients gain additional direction.
Developed client marketing strategy, including building relationships, advertising campaigns and client
retention.
8/2015 – Present Project Management Instructor, Skillsoft
Deliver web-based, real-time training on project management based on Project Management Institute
standards
Create, review and revise instructional content
Prepare and develop delivery methods for live courses
Create effective instructional content that conforms to prescribed standards
Perform quality assurance to ensure training content meets current standards
Provide certified subject matter expertise for content development initiatives
Conduct on-going research and development on specific discipline areas
06/2008 – 8/2015 Product Manager, File & ServeXpress (formerly LexisNexis)
Subject matter expert on the File & Serve application and Rules & Procedures of various courts.
Supported 300 jurisdictions in 36 states, 165,000+ users and 40 million+ document exchanges per year.
Identified target markets using CRM and Access SQL queries.
Prepared and distributed marketing, promotional and informative HubSpot emails to over 24,000 clients.
Delivered specialized training for national projects such as the Gulf Oil Spill and Tobacco Litigation.
Developed CLE approved curriculum and provided training using various technology and formats,
including GoToMeeting and WebEx and in-person.
Transitioned program to the Colorado Judicial Branch at the end of LexisNexis’s contract.
Temporary Project to Assist Client (employed by State of Colorado during this project 9/2012-1/2013)
Created new training curriculum and materials for the Integrated Colorado Courts E-Filing System (ICCES).
Developed Quality Control and Quality Assurance Programs to support the ICCES Project.
Managed initial staff of 7 employees and planned future growth strategies.
6/2012 – Present Adjunct Professor, Colorado Mountain College, Edwards, CO
Provided instruction on a variety on business subjects, including Project Management, Advertising and
Promotion, Human Resources, Legal and Ethical Environment of Business.
Train using the Project Management Body of Knowledge (PMBOK)
Identified and procured curriculum, add content and deliver in classroom or online.
Provided guidance and inspired discussion among students.
Utilized a variety of instructional tools including Canvas, Smart Board and classroom tools.
6/2002 – 12/2005 Florida Dept. of Transportation (Agent contractor, Randstad North America),
Boca Raton, FL
Human Resources / Call Center Consultant
Project Manager tasked to create a new call center with 70 seats and 225 representatives.
Established and implemented employee guidelines throughout the SunPass organization.
Defended the company successfully against unemployment and EEOC claims.
Introduced behavioral based interview process and introduced coaching and feedback process.
Created and utilized workforce staffing tool.
Facilitated physical moves of departments while experiencing business growth.
Served as Employee Relations contact and consultant.
Education/Certifications:
Master of Business Administration, Marketing, Regis University, October 2008
Project Management Professional – PMP Certification #1493443
Essentials of Business Development – Certificate of Completion, Regis University
Bachelor of Science degree, Kennesaw State University, Kennesaw, GA
Society for Human Resource Management (SHRM), Professional Member
Employment Management Association, member
Corporate Leadership Council, member
References are available upon request.
844.448.3729 info@schoolsforchildren.org www.schoolsforchildren.org
PO Box 1157, Avon, CO 81620
February 10, 2017
To Whom It May Concern,
I have been a client of Peak Business Management since 2013. In my role at Colorado Mountain College
(CMC) I was responsible for Community & Corporate Learning. Peak Business Management was my
company of choice for a variety of requests from local employers. Barb Waters, in her position as owner and consultant, provided training and consulting services related to leadership, emotional intelligence, process
improvement and more. A few of the clients Peak Business Management served on behalf of CMC included
Eagle County, Polar Star Properties, Western Eagle County Metropolitan Recreation District (WECMRD),
Alpine Bank and East West Reports. Our clients were extremely pleased with the professionalism and high
quality of training provided by Peak Business Management. I still serve on the Advisory Council for CMC Edwards and continue to refer work to Barb’s company based on client requests.
In my new role as Director of Development & Operations for Schools for the Children of the World, I
continue to work with Peak Business Management. I have used their services to facilitate volunteer meetings
and best practices in client relations and communications. Barb and I continue to consult each other regularly with regard to our companies and our ongoing activities.
Peak Business Management has provided years of consistent, reliable and professional services to the
companies I have worked for, and I will continue to utilize their services and recommend this company to
others.
Sincerely,
Kim Blackford
Director of Development & Operations Schools for the Children of the World
www.linkedin.com/in/kimblackford
Western Eagle County Metropolitan Recreation District
52 Lundgren Blvd. PO 52, Gypsum, Co 81637
Ph: 970 777-8888 Web: www.wecmrd.org
2/13/2017
To Whom It May Concern,
It is my pleasure to provide this letter of reference for Peak Business Management, and
its owner Barb Waters. Peak Business Management has provided training and
consulting services to the Western Eagle County Metro Recreation District (WECMRD)
since early 2015. As the Executive Director of WECMRD I place a high value on
employee development. We have worked with Peak Business Management on a number
of occasions over the past few years to bring training to our leadership staff.
Our business relationship with Peak Business Management began through a referral
from Colorado Mountain College. When the college stopped offering Community and
Corporate Learning we opted to continue working directly with the company to bring
training classes to our leadership team.
I have been pleased with the quality of training offered by Peak Business Management,
as well as the professionalism and strong communication. I would recommend this
company to others in need of consulting services in Eagle County.
Sincerely,
Steve Russell
Steve Russell, Executive Director
Troy Fuller
166 Old County Lane
Edwards, CO 81632
04/19/2017
The Town of Avon
PO Box 975
Avon, CO 81620
Dear Peggy,
I have a great interest in interviewing for the board member position for the Planning and Zoning
Commission. I have lived and worked in numerous mountain communities throughout Colorado in the
past several years. I feel this provides me with great insight on where Avon needs to go in the future. As
a young professional and business owner in this community I feel I will offer a different perspective and
outlook than most members.
Thank you for the time and consideration.
Sincerely,
Troy Fuller
Troy James Fuller
166 Old County Lane. Edwards, CO. 81632 (970)-424-9299 • tfuller@amfam.com
Education:
-Barrington High School. Barrington, IL.
-B.S. Hospitality Management. Minor in Business. Colorado State University 2006. -Currently Licensed in Property & Casualty and Life & Health in Colorado.
Experience:
September/2016 to Current
Farmers Insurance. Edwards, CO.
Agent/Owner: Insurance agent and business owner. I recently acquired both the Eagle and Edwards Farmers Insurance agencies.
October/2014 to September/2016
American Family Insurance. Edwards, CO. Agent in Training/Licensed Sales Representative: Currently in the AIT program until October, 2016.
December/2013 to October/2014
E3 Chophouse. Steamboat Springs, CO.
Bartender/Assistant Manager: I played a vital role in helping open Steamboat’s newest steakhouse. Helped structure the bar lay-out to create better service and flow in the restaurant.
Dedicated countless hours to build our craft wine and cocktail menus. After six months of being
open the restaurant has already turned a profit.
April/2012 to October/2013
Pancho and Lefty’s Restaurant. Grand Lake, CO.
Bartender/Assistant Manager: Acted as a day manager during the week during busy peak
summer season. Mentored new and international exchange workers to guarantee customer
satisfaction. Fixed broken equipment and maintained beer keg equipment. As well as bartending during busy weekend nights.
November/2012 to April/2012
The Library Sports Grille & Brewery. Winter Park, CO.
Bartender: Played an active role as a lead bartender in a very high volume brewery and sports bar. Interacted with guests informing them of the brewery process and all of our craft beer. The
Library Sports Grille & Brewery is now one the best and busiest in Grand County.
September/2012 to November/2012
Grand Lake Brewery Taphouse. Grand Lake, CO.
Bartender: The Grand Lake Brewery opened this second restaurant in 2012. I was one of the
first to be hired so I could help establish their bar business. Unfortunately this location closed so
they could focus on their larger business on the front range. The breweries sales still remain
strong and the business is growing.
December/2011 to May/2012
The Hideaway Bistro. Winter Park, CO.
Bartender: This modern european and french cuisine restaurant opened in December, 2011. I was once again the bartender that established the bar set-up and controlled all point of sales in the restaurant. The restaurant has great online reviews and is considered one of the best fine
dining spots in Grand County.
November/2011 to May/2012
The Library Sports Grille & Brewery. Winter Park, CO.
Bartender: Played an active role as a lead bartender in a very high volume brewery and sports
bar. Interacted with guests informing them of the brewery process and all of our craft beer. The
Library Sports Grille & Brewery is now one the best and busiest in Grand County.
May/2011 to October/2011
Grand Lake Brewery Taphouse. Grand Lake, CO.
Bartender: The Grand Lake Brewery opened this second restaurant in 2012. I was one of the
first to be hired so I could help establish their bar business. Unfortunately this location closed so they could focus on their larger business on the front range. The breweries sales still remain
strong and business is growing.
May/2011 to November/2011
Grand Lake Golf Course. Grand Lake, CO.
Bartender: Serving tables and bartending at the local public golf course. With no active
manager in the restaurant I also served in a managing role.
November/2010 to April/2011
Moffat Station Restaurant and Brewery. Winter Park, CO.
Bartender: Serving guests, making cocktails, ensuring quality control.
May/2010 to October/2010
American Insurance Services Inc. Hoffman Estates, Illinois.
Regional Director- Midwest: Contact potential life insurance customers. Process and complete insurance applications for new clients. Train new staff members on insurance software and the
life insurance business. Organize and complete client’s files, HIPPA’s, and life insurance
illustrations.
November/2009 to March/2010
Stevens Pass Ski Area. Stevens Pass, Washington.
Lift Operator. Oversight of guest safety, operating heavy machinery, frequent lift maintenance
checks, helping younger guests get on the lift, maintaining a safe lift at all times.
May/2008 to September/2008
Penobscot Adventures. Millinocket, Maine.
Raft Guide/ Shuttle Driver/ Cook. Penobscot Adventures runs whitewater rafting trips on Class
V rapids in northern Maine. Everyday we greeted guests in the morning, taught them how to
paddle and raft on whitewater. We also ensured that they were safe and enjoyed their experience.
January/2008 to April/2009
Stevens Pass Ski Area. Stevens Pass, Washington.
Lift Operator. Same position as above. August/2007 to December/2007
Boka Restaurant and Bar. Chicago, Illinois.
Server’s Assistant/Bar back. I facilitated a supportive role to servers, kitchen staff, and
bartenders. Boka is a fine dining establishment located in the Lincoln Park area of downtown Chicago. My job consisted of serving bar patrons, stocking wine, food-running, assisting servers and any other jobs needing my attention.
April/2007 to July/2007
Northwest Youth Corps. Eugene, Oregon.
Assistant Crew Leader. Educate and empower 30 youths aged 16-19 years old that have a troubled past or can’t find work elsewhere. Youth crews rehabilitate and renovate hiking trails
and work with the Army Corps of Engineers in watershed sustainability projects. Leaders are
expected to maintain wellness and safety of crews 24 hours a day 7 days a week. Crew leaders
also educate youth for an hour each day after full 8-hour workday. Education subjects range from resume building to maintaining and fixing chainsaws.
June/2006 to April/2007.
American Insurance Services Inc. Hoffman Estates, Illinois.
Regional Director- Midwest. Same position as above.
October/2004 to December/2006.
Griller’s Global Café. Fort Collins, Colorado.
Assistant Manager. Setup work schedules, cooked, cleaned and interacted with customers.
Serve alcoholic beverages.
References
Trace Tyler
970-331-2388
Karen Perez
720-838-0564
Bethany Classick
303-829-0190
Tracy Horn
970-471-5641
Lorrie Johnson
970-230-1535
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: April 25, 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; (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; and (3) reconsider, if desired, the February
28, 2017 vote to appoint five members to the Landowner’s Committee.
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:
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.
After input from a property owner at the March 14, 2017 Council meeting, Council tabled the Benchmark Covenants
item and provided direction to staff to look into why some property owners did not receive the notice and ballot
materials. It was determined that due to a clerical oversight, 92 property owners were omitted from the mailing list.
Subsequently, staff revised the notice (Attachment 1) and ballot materials (Attachment 2) and had them mailed to
the 92 property owners on April 4, 2017, providing a later date for return and setting a new Council meeting date,
April 25, 2017, for Council action and a public hearing.
The updated notice identifies the following process for consideration of any action on the Benchmark Covenants:
April 25, 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) reconsideration of the February 28, 2017
vote to appoint five members to the Landowners Committee; 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.
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. If desired, Council may reconsider the February 28, 2017 vote to appoint five members to
the Landowner’s Committee. The Town has not received any additional letters of interest.
BALLOTS:
The deadline for property owners to submit ballots was April 20, 2017, at 5:00 p.m. In all, the Town received 85
ballots, with 64 votes FOR termination of the Benchmark Covenants and 21 votes AGAINST termination of the
Benchmark Covenants.
The Town received an email (Attachment 3) from an Avon resident outside of the Benchmark at Beaver Creek
Subdivision who expressed that he is against termination of the Benchmark Covenants.
ATTACHMENTS:
Attachment 1 – Property Owner’s Notice
Attachment 2 – Property Owner’s Ballot
Attachment 3 – Dave Osbourne Email
NOTICE AND BALLOT MATERIALS TO ALL PROPERTY OWNERS IN THE BENCHMARK AT BEAVER CREEK SUBDIVISION
April 4, 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 April 20, 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:
Avon Town Council took action to appoint the five person Land Owners Committee on March 14, 2017; however, the Avon Town Council will reconsider any additional ballots to
appoint persons to the Landowners Committee.
April 25, 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) reconsideration of the March 15, 2017 vote to appoint five members to the Landowners
Committee; 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. April 20, 2017
MEETING OF LANDOWNERS COMMITTEE: Time, date and place to be determined at
after the April 25, 2017 Avon Town Council meeting.
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
[INSERT PROPERTY OWNER NAME FIELD]
[INSERT PROPERTY TAX ID FIEL]
Signature of Property Owner:
QUESTION NO. 1: Termination of Protective Covenants for Benchmark at Beaver Creek Subdivision
as described in the Notice Dated March 31, 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, April 20, 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) 949-9139; or a scanned copy may be e-mailed to
dhoppe@avon.org.
From: Dave Osbourne [mailto:super_dooper_dave_osbourne@yahoo.com]
Sent: Wednesday, April 12, 2017 12:04 PM
To: Avon Council Web
Subject: RE: I'm against the termination of the Benchmark Convenants.
Amendments to and/or modification of the Benchmark Covenants would serve just as well for clarity. I'm against the termination of the Benchmark Covenants.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia Egger, on behalf of Sarah Smith Hymes, Mayor Pro Tem
Meeting Date: April 25, 2017
Agenda Topic: AUTHORIZATION FOR THE TOWN MANAGER TO FILE THE I AM PRO SNOW 100% COMMITTED
ENROLLMENT FORM ON BEHALF OF THE TOWN OF AVON
ACTION BEFORE COUNCIL
Vote (or take no action) to authorize the Town Manager to file the I AM PRO SNOW 100%
COMMITTED Enrollment Form on behalf of the Town of Avon.
RECOMMENDED MOTION IF TAKING ACTION
I move to authorize the Town Manager to file the I AM PRO SNOW 100% COMMITTED Enrollment
Form on behalf of the Town of Avon.
SUMMARY
The Town Council adopted, by Resolution 16-38, the Eagle County Climate Action Plan for the Eagle
County Community, on December 13, 2016. Subsequently, on March 28, 2017, the Town Council
approved a prioritized implementation schedule for the programs and projects listed in the Climate
Action Plan, germane to the Town. A significant action approved, in addition to the project list, was
to: Develop and implement a program to run the Town of Avon with 100% renewable energy by 2030.
Kim Stevens, the Regional Filed Organizer for I AM PRO SNOW, learning of Town Council’s 100%
renewable energy goal, notified Mayor Pro Tem Sarah Smith Hymes that there is an opportunity for
Avon to join other entities around the world, who also have pledged to meet the renewable goal of
100%, under the auspices of the Climate Reality Project. The following information is summarized
from the organization’s website:
The Climate Reality Project
The Climate Reality Project is one of the world’s leading organizations dedicated to
mobilizing action around climate change. With a global movement more than 5 million strong
and a grassroots network of trained Climate Reality Leaders, we are spreading the truth and
unleashing cultural momentum to solve the climate crisis.
I Am Pro Snow - 100% Renewable Energy Campaign
At the December 6, 2016, World Climate Summit panel in Paris, where professional winter
sports athletes, industry leaders, elected officials and key climate activists discussed how
climate change is already impacting the winter sports and mountain community, the Climate
Reality Project launched their 100% renewable energy campaign.
The initiative, orchestrated by The Climate Reality Project’s I AM PRO SNOW program, encourages
ski resorts, towns, businesses, and other mountain communities around the world to commit to
being powered by 100% Renewable Energy by 2030 in the next year.
Page 2
I AM PRO SNOW 100% COMMITTED Partnership
By authorizing the filing of the I AM PRO SNOW 100% COMMITTED Enrollment Form, the Town of Avon
will be welcomed by the Climate Reality Project to become an official partner in the I AM PRO SNOW
100% Committed Campaign. The partnership, with agreement to be approved by the Avon Town
Council, envisions the Town will:
1) Join a global movement of committed ski resorts, towns, cities, businesses,
governments, and organizations by pledging to be powered by 100% renewable
electricity and working with the Climate Reality Project to build support for real
climate solutions in the winter industry community.
2) Gather commitments from individuals by sharing the 100% Committed sign-up pledge
(the “Individual Pledge”) with Avon citizens.
3) Develop a draft strategic plan to reach Avon’s goal of being powered by 100%
renewable electricity by 2030, or as soon as possible, within six (6) months of
signing the partnership agreement
4) Promote the Campaign at least one (1) time per month on our social media and
digital platforms, if available, referencing the fact that Avon and the Climate
Reality Project are working together on the Campaign.
5) Promote the Partnership with at least one (1) press release, again referencing that
Avon and the Climate Reality Project are working together on the Campaign.
6) Commit to assist additional ski resorts, towns, businesses, or other institutions to
commit to be powered by 100% renewable electricity.
7) Display, on the Avon website, the Climate Reality Project name and logo, in
connection with the Campaign.
The Climate Reality Project in the partnership will:
1) Include Avon’s name and logo across I AM PRO SNOW’s 100% Committed digital
platforms including (if available) the website, press kit, and social media toolkit.
2) Provide graphics for use in promoting the Campaign on your social media and digital
platforms.
3) Create a blog post promoting the Campaign and highlighting the progress of the
Campaign.
4) Promote the Campaign to the subscribers on the Climate Reality Project’s I AM PRO
SNOW email communications list.
5) Release, to the Avon staff, the short form application for any upcoming Climate
Reality Leadership Corps training with former U.S. Vice President and Climate Reality
Chairman Al Gore.
6) Include Avon, In the event of any news release regarding the Partnership, with all other
partners involved in the Campaign.
Aspen, Park City, Boulder, Moab, and Salt Lake City are towns which have become partner members.
Mayor Pro Tem Smith Hymes will lead the discussion with Town Council on Tuesday.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 11, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 2:07 p.m. A roll call was taken and Council members
present were Megan Burch, Amy Phillips, Matt Gennett, Jake Wolf and Sarah Smith Hymes. Scott Prince
was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, CIRSA General
Counsel Tami Tanoue and Town Clerk Debbie Hoppe.
Council member Scott Prince arrived at 2:10 p.m.
2. APPROVAL OF AGENDA
Mayor Fancher requested the addition of an executive session item for a conference with the Town
Attorney for the purpose of receiving legal advice regarding EagleBend refinancing under C.R.S. § 24-6-
402(2)(B). Council agreed to the addition.
Mayor Fancher suggested moving the engineering presentation and proclamation after the action
items because Councilor Wolf announced that he planned to leave the meeting at approximately
7:40 p.m. Council agreed to the change.
3. EXECUTIVE SESSION FOR DISCUSSION OF A PERSONNEL MATTER UNDER C.R.S. §24-6-402(2)(F) AND FOR A
CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING PERSONNEL
MATTERS UNDER C.R.S. § 24-6-402(2)(B)
Mayor Fancher moved to convene into Executive Session for discussion of a personnel matter under
C.R.S. §24-6-402(2)(f) and for a conference with the Town Attorney for the purpose of receiving
legal advice regarding personnel matters under C.R.S. § 24-6-402(2)(b). Councilor Gennett seconded
the motion and it passed with a vote of 6 to 1. Councilor Wolf voted no. The time was 2:11 p.m.
Council convened into Executive Session at 2:16 p.m.
Executive Session ended at 4:36 p.m.
4. MOTION TO CONTINUE REGULAR MEETING FOR A MEETING OF THE LIQUOR LICENSING AUTHORITY
5. CALL TO ORDER & ROLL CALL OF THE CONTINUED REGULAR MEETING
Mayor Fancher called the meeting to order at 5:36 p.m. A roll call was taken and Council members
present were Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips, Megan Burch and Sarah Smith Hymes.
6. MEETING PROCEDURES FOR THE MEETING OF APRIL 11, 2017
6.1. 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
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 11, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 2
• MOTION
• COUNCIL DISCUSSION
• VOTE
6.2. WORK SESSION & PRESENTATION ITEMS
• PRESENTATION OF ITEM
• PUBLIC COMMENT – THREE (3:00) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS
MAJORITY OF COUNCIL AGREES TO A LONGER TIME
• COUNCIL DIRECTION
• VOTE
7. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Start time: 07:22
Michael Cacioppo requested that more copies of the agenda be made available. Michael asked if
Council voted on anything after executive session and stated the agenda times were confusing.
Sarah Lohrenz made comments about being booted by AT Booting at Buffalo Ridge Apartments.
Nick Antuna with AAA Boot spoke regarding his business process.
Eughenii Cojocari with AT Booting responded that Buffalo Ridge’s property management company
contacted him and asked him to reduce the fee and he did not due to the cost of doing business in
the Town of Avon.
Councilor Prince asked Sarah Lohrenz, “When the boot was removed was the booting company
wearing a license and a safety vest?” Sarah responded no and that he was wearing civilian attire.
8. PROCLAMATION HONORING THE MONTH OF THE YOUNG CHILD (MAYOR JENNIE FANCHER)
Start time: 31:19
Mayor Fancher read the Proclamation Honoring the Month of the Young Child.
9. WORK SESSION
Start time: 34:42
9.1. HIGH FIVE ACCESS MEDIA WORK SESSION
JK Perry, Executive Director for High Five Access Media (HFAM), led the discussion. JK gave an
overview of the HFAM mission and requirements as a recipient of PEG fees. He also gave an update
on HFAM operations and projects. During the discussion, JK mentioned that the HFAM Board can
now receive emails from the public. The email address is board@highfivemedia.org and all
members of the board, including JK, receive emails that are sent to that address.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 11, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 3
Michael Cacioppo asked to read a letter; Council agreed that the letter be read.
Councilor Phillips left the meeting and returned at 7:09 p.m.
10. ACTION ITEMS
Start time: 101:39
11.1. RESOLUTION 17-02, APPROVING PEG GRANT TO HIGH FIVE ACCESS MEDIA
Preston Neill, Assistant to the Town Manager, presented the item.
Councilor Prince asked JK Perry, Executive Director for HFAM, what the estimated cost would
be for the Town to have its own setup to stream public meetings live. He also asked about the
estimated life expectancy, given how fast technology improves. JK responded approximately
$20,000 and that would not include the machine used to stream back to the station. He also
said the useful life is about 5 to 7 years.
Michael Cacioppo suggested that Council budget accordingly.
Councilor Phillips moved to approve Resolution 17-02, Approving PEG Grant to High Five Access
Media. Councilor Gennett seconded the motion and it passed unanimously.
Council moved to item 11.6.
11.6 MARCH 28, 2017 MEETING MINUTES (TOWN CLERK DEBBIE HOPPE)
Start time: 113:18
Councilor Burch moved to approve the March 28, 2017 meeting minutes. Councilor Gennett
seconded the motion and it passed unanimously.
Council moved to item 11.5.
11.5. RESOLUTION 17-05 AMENDING AND RE-ADOPTING THE SIMPLIFIED RULES OF ORDER FOR AVON TOWN
COUNCIL MEETINGS (TOWN ATTORNEY ERIC HEIL)
Start time: 113:40
Councilor Gennett moved to approve Resolution 17-05 Amending and Re-Adopting the Simplified
Rules of Order for Avon Town Council Meetings. Councilor Phillips seconded the motion and it
passed with a vote of 6 to 1. Councilor Wolf voted no.
Council moved to item 11.2.
11.2. PUBLIC HEARING AND FIRST READING OF ORDINANCE 17-06, APPROVING THE TOWN OF AVON COMPREHENSIVE
PLAN, DATED APRIL, 2017, A COMPREHENSIVE PLAN AMENDMENT APPLICATION
(PLANNING DIRECTOR MATT PIELSTICKER)
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 11, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 4
Start time: 115:00
Matt Pielsticker, Planning Director, initiated the discussion. John Minervini, Planning and
Zoning Commissioner, and David McWilliams, Town Planner, participated in the discussion.
Councilor Wolf left the meeting at 7:45 p.m.
Councilor Gennett suggested amending the "Purpose" section of the document to highlight that
the plan should be used to guide land use decisions. He said the format is difficult to follow at some
points in the document. He suggested the use of captions. He also said the number of planning
districts is too large. He feels that some of the districts can be consolidated. He stated that the
Implementation Matrix is hard to follow and make sense of. He made the recommendation that the
Avon Road District can be eliminated and Districts 7 through 10 can be consolidated.
Councilor Burch asked to leave the "potential uses of the railroad" piece more open-ended. She
suggested being more adamant against large surface parking. She would like to see more about the
opportunities to increase access to the Eagle River. She asked to call out "pedestrian safety" in
District 22: Nottingham District.
Mayor Fancher said when coming into Avon from the west, the entrance behind Walgreens
and the Post Office in not attractive. She suggested adding a goal to address that particular
section.
Councilor Prince said the number of districts is high and suggested consolidation. He would like to
see a policy statement regarding Town buildings and energy efficiency.
Mayor Pro Tem Smith Hymes said she would like to see a goal about supporting river health.
Councilor Phillips said she is concerned about pagination. She said she would like to see stronger
statements about parking. She suggested using different colors for the district map.
Councilor Phillips moved to approve first reading of Ordinance 17-06, thereby approving the Town of
Avon Comprehensive Plan, dated April 2017, a Comprehensive Plan Amendment Application, with
modifications as discussed. Second Reading was set for the May 23, 2017 Council meeting.
Councilor Prince seconded the motion and it passed unanimously by those present. Councilor Wolf
was absent.
11.3. NOTICE OF AWARD FOR 2017 ROAD MICRO-SURFACING PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
Start time: 171:27
Councilor Prince moved to authorize issuance of Notice of Award for the 2017 Street
Improvements Micro-surfacing Project. Councilor Phillips seconded the motion and it passed
unanimously by those present. Councilor Wolf was absent.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 11, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 5
11.4. REVIEW AND ACTION TO FUND SHERWOOD MEADOWS CONDOMINIUM REMODEL IMPROVEMENTS FROM THE
GENERAL FUND CONTINGENCY WITH APPROPRIATION TO THE BUILDINGS AND FACILITIES BUDGET
(TOWN ENGINEER JUSTIN HILDRETH)
Start time: 175:14
Mayor Pro Tem Smith Hymes moved to approve the transfer of $25,000 from the 2017 General
Fund Contingency line item to the Buildings and Facilities budget for improvements to the
Sherwood Meadows condominium. Councilor Prince seconded the motion and it passed
unanimously by those present. Councilor Wolf was absent.
Council moved to item 9.
9. ENGINEERING DEPARTMENT PRESENTATION (TOWN ENGINEER JUSTIN HILDRETH)
Start time: 18o:56
Justin Hildreth delivered a presentation about the Engineering Department and Building and
Facilities Department.
12. WRITTEN REPORTS
12.1. TOWN CLEAN-UP DAY REPORT
12.2. 1ST QUARTER STRATEGIC PLAN IMPLEMENTATION REPORT
13. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 188:45
Mayor Fancher made a request to cancel the June 27, 2017 Council meeting because of the Haute Route
event. Council agreed.
Mayor Fancher explained that she recently attended the Tenth Mountain Storytellers Festival and that it
was a fun event. She also noted that the Town-Owned Properties Educational Open House had a nice
turnout.
Mayor Pro Tem Smith Hymes said she attended the Family Leadership Training Institute presentation
where community projects by members were discussed. She also introduced an email from Jill Ryan
requesting opposition to a proposal to use the Congressional Review Act to block rules issued by the
Bureau of Land Management to limit natural gas waste from the oil and gas sector.
Councilor Burch gave an update on the Avon school based health community advisory meeting. She said
the program is going strong, there is steady usage at the clinic, and there is a full-time dental hygienist
on site. She said the clinic will be open throughout the summer from 9:00 a.m. to 5:00 pm.
Councilor Prince stated that he recently attended the Adopt-A-Trail Program meeting and spoke
regarding trails that had been adopted in the West Avon Preserve and trails available for adoption.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 11, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 6
Mayor Fancher moved to reconvene into Executive Session a conference with the Town Attorney for the
purpose of receiving legal advice regarding EagleBend financing under C.R.S. § 24-6-402(2)(B).
Council members present were Sarah Smith Hymes, Scott Prince, Amy Phillips, Matt Gennett and
Megan Burch. The time was 9:23 p.m.
Councilor Phillips moved to adjourn Executive Session. Councilor Gennett seconded the motion
and it passed unanimously.
Executive Session ended at 10:30 p.m.
14. ADJOURNMENT
There being no further business to come before the Council, Mayor Pro Tem Smith Hymes moved to
adjourn the regular meeting. The time was 10:30 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: Preston Neill, Executive Assistant to the Town Manager
Date: April 25, 2017
Agenda Topic: Direction on Summer Food Truck and Cart Program
ACTION BEFORE COUNCIL:
Staff is seeking direction from Council for continuation, amendment or cessation of the Mobile Vendor Cart (MVC)
and Food Truck programs.
SUMMARY:
Attachment 1 provides a detailed summary of MVC and Food Truck regulations and vendor activity.
RESTAURANT AND RETAILER OUTREACH:
On October 25, 2016, staff reported to Council on both the Town’s Food Truck Program and MVC Program. Direction
was provided to staff to poll Avon’s brick and mortar restaurants to receive opinions on food truck and MVC
operations on Town property. A survey was developed through SurveyMonkey and sent to Avon business owners
on March 28, 2017. The survey closed on April 19, 2017. There were a total of 18 respondents.
The majority (64.71%) of respondents indicated that they support food trucks and MVCs in Avon. When asked if they
believe the presence of food trucks and MVCs would increase the Town’s desirableness as a place to live, work and
start a business, the majority (55.56%) of respondents said they either agree or strongly agree. Exactly half of all
respondents said their biggest concern with allowing food trucks and MVCs to operate in Town is
competition/fairness with established restaurants.
The survey summary data is attached as Attachment 2.
OPTIONS:
It’s worth noting that establishing programs like these takes time. That being said, several options are outlined
below.
Option 1 – Amend the Food Truck and MVC programs by establishing a greater variety of locations on public
property for vendors to operate food trucks and MVCs.
Option 2 – Make the Food Truck and MVC programs available only to vendors that have brick and mortar
restaurants or retail shops within the Town of Avon.
Option 3 – Continue the Food Truck and MVC programs as they already are.
Option 4 – Discontinue the Food Truck and MVC programs.
ATTACHMENTS:
Attachment 1 – Summary of Mobile Vendor Cart and Food Truck Regulations and Vendor Activity
Attachment 2 – 2017 Town of Avon Food Truck & Mobile Vendor Cart Survey Summary Data
Attachment 1
Summary of Mobile Vendor Cart and Food Truck Regulations and Vendor Activity
Mobile Vendor Cart Program
Avon Municipal Code Chapter 5.04, Section 5.04.080 (b) requires that the locations and maximum number of vendor
permits be established by the Council by resolution. All other permitting and regulatory actions are delegated to the
Town Manager.
On May 12, 2015, Council approved a resolution establishing the locations and maximum number of MVCs in the Avon
Commercial Core. The resolution allows up to five (5) MVCs to be permitted to operate on the Main Street Mall and
Possibility Plaza, one (1) MVC to be permitted to operate by Avon Station, and one (1) MVC to be permitted to
operate at Kayak Park.
On April 12, 2016, Council approved a resolution establishing the locations and number of MVCs in Harry A.
Nottingham Park (Park). The resolution states that up to two (2) mobile vendor carts are allowed in the Park. In
addition, the exact location may be generally modified within a reasonable distance from the locations identified
below, by the Town Manager, as may be determined to accommodate the operations of the cart and/or seasonal
light and weather. The locations are as follows:
• Location #1: North side of park, near pedestrian bridge at northwest corner of the lake.
• Location #2: North side of park, on the east side of the fishing pier, near the water’s edge.
On April 20, 2016, the Town released an updated RFP for MVCs in order to announce available vending locations at
the Park. Over the summer of 2016, two (2) vendors contacted the Town to express interest in obtaining a MVC
Permit. Only one (1) vendor, Peace Love and Popsicles, LLC, submitted a proposal and was issued a permit. By the
end of June 2016, Peace Love and Popsicles, LLC, relinquished their MVC Permit for reasons that included how the
logistics of hauling a mobile vendor cart in and out of the Park on a daily basis proved to be difficult for them. At this
time, there are no vendors with a MVC Permit.
Food Truck Program
On May 10, 2016, Council approved an ordinance allowing food trucks to operate on Town right-of-ways, and
subsequently approved a resolution establishing locations and number of food trucks allowed to operate within the
Town. More specifically, Council approved that one (1) food truck, at any given time, is allowed to operate on any
one location near the Park and authorized the Town Manager to identify and test locations near the park, including
but not limited to the following sites:
• Location #1: The parking lot on north side of Nottingham Park.
• Location #2: The two northerly parking spaces in the parking lot located on the east side of the Municipal
Building.
• Location #3: The northwest corner of the parking lot located on the north side of the Recreation Center.
Council wished for any issued food truck permits to be monitored as a test case through October 1, 2016.
On May 20, 2016, Town staff released a Request for Proposal (RFP), soliciting proposals from qualified
entrepreneurs and businesses to own and operate a food truck in areas located around the Park. Several vendors
contacted the Town to express interest in obtaining a Food Truck Permit. However, the Town only received one (1)
proposal and issued one (1) Food Truck Permit. The vendor, Rocky Mountain Taco, began utilizing the permit on July
1, 2016. Between July 1 and October 1, 2016, Rocky Mountain Taco operated in sites around the Park for a total of
sixteen (16) days.
50.00%9
33.33%6
11.11%2
11.11%2
5.56%1
Q1 Please select all that apply to you. I am
(select all that apply):
Answered: 18 Skipped: 0
Total Respondents: 18
#Other:Date
1 Operation Manager for a Development Company in Avon 3/29/2017 8:12 AM
An Avon
business own...
An Avon
restaurant...
An employee of
an Avon...
An Avon
resident
Other:
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
An Avon business owner (non-restaurant business)
An Avon restaurant owner/operator/employee
An employee of an Avon business/I work in Avon
An Avon resident
Other:
1 / 9
2017 Town of Avon Food Truck & Mobile Vendor Cart Survey
38.89%7
16.67%3
33.33%6
11.11%2
Q2 I believe the presence of food trucks and
MVCs in Avon would increase the Town’s
desirableness as a place to live, work or
start a business.
Answered: 18 Skipped: 0
Total 18
Strongly Agree
Agree
Disagree
Strongly
Disagree
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Strongly Agree
Agree
Disagree
Strongly Disagree
2 / 9
2017 Town of Avon Food Truck & Mobile Vendor Cart Survey
22.22%4
50.00%9
0.00%0
38.89%7
27.78%5
Q3 My biggest concern with allowing food
trucks and MVCs to operate in Town is
(select all that apply):
Answered: 18 Skipped: 0
Total Respondents: 18
#Other:Date
1 During off periods the amount of traffic is not sufficient to support permanent businesses. We rely heavily on the extra
business during special events to offset the balance.
3/29/2017 12:57 PM
2 Rents in Avon are being driven up by Hoffman, food trucks and carts will not bear the same burden. The existing
operators will suffer from business being canibalized by Food Trucks causing business failure and empty storefronts.
Food Trucks are appropriate for large special events but they don't contribute at the same level as a local brick &
mortar establishment. It's likely most food truck operators and employees are not Avon residents thus taking away
from the local economy. If they are required to operate locally with comissary and home base being in Avon this
problem is solved. Regulation of food trucks is difficult at best. When have you seen a foodservice inspection of a food
truck while in operation?
3/29/2017 9:29 AM
3 Competition is always good. Plus, the trucks wouldn't be in operation on a daily, year round basis.3/28/2017 6:02 PM
4 Their location. I don't think it would be appropriate for them to park in a business parking lot, except maybe the big one
by Pier 1 Imports.
3/28/2017 5:55 PM
5 only existing businesses should be allowed to open food trucks. We pay extremely high rent and food trucks would
under cut existing business. They should also be required to base out of a commercial kitchen for sanitation.
3/28/2017 3:51 PM
Health/sanitati
on
Competition/fai
rness with...
Noise
I have no
concerns...
Other:
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Health/sanitation
Competition/fairness with established restaurants
Noise
I have no concerns regarding food trucks or MVCs
Other:
3 / 9
2017 Town of Avon Food Truck & Mobile Vendor Cart Survey
Q4 In addition to food services, MVCs that
are permitted to operate on Town property
may feature retail merchandise. What types
of food items or retail merchandise would
you like to see sold?
Answered: 15 Skipped: 3
#Responses Date
1 None 4/13/2017 11:30 AM
2 only prepared food 3/31/2017 11:31 AM
3 None 3/29/2017 3:22 PM
4 Mobile Dispensaries allowed to sell Joints on the street to increase appetite of locals and visitors. Humor intended..... 3/29/2017 9:29 AM
5 NONE 3/29/2017 8:12 AM
6 no opinion 3/28/2017 6:44 PM
7 Asian Fusion, Vietnamese, Street Tacos, Vegan offerings.....3/28/2017 6:02 PM
8 I think there should only be food trucks selling lunch items. VENDOR trucks that sell merchandise should be allowed
during town events such as the fireworks and that is all.
3/28/2017 5:55 PM
9 only items promoting their business: hats, t-shirts, bumperstickers Etc.3/28/2017 5:51 PM
10 Anything good!!!! Can I have a toy truck for events?3/28/2017 4:22 PM
11 Nothing comes to mind as far as merchandise. Diverse menus from the food trucks 3/28/2017 3:58 PM
12 i strongly feel it should be for only food. The 'farmers' market in the valley is over 50 percent merchandise 3/28/2017 3:52 PM
13 This opens people with no overhead to undercut existing businesses.3/28/2017 3:51 PM
14 Quick Lunch items 3/28/2017 3:26 PM
15 standard food truck fare that you would see in larger cities that have food trucks. Mexican (tacos), Korean, really
whatever.
3/28/2017 3:20 PM
4 / 9
2017 Town of Avon Food Truck & Mobile Vendor Cart Survey
72.22%13
27.78%5
Q5 Limiting the hours and/or days of food
truck and MVC operations should be
considered.
Answered: 18 Skipped: 0
Total 18
Agree
Disagree
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Agree
Disagree
5 / 9
2017 Town of Avon Food Truck & Mobile Vendor Cart Survey
22.22%4
22.22%4
38.89%7
16.67%3
Q6 I believe food trucks and MVCs
negatively impact revenue in Avon’s “brick
and mortar” restaurants.
Answered: 18 Skipped: 0
Total 18
Strongly Agree
Agree
Disagree
Strongly
Disagree
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Strongly Agree
Agree
Disagree
Strongly Disagree
6 / 9
2017 Town of Avon Food Truck & Mobile Vendor Cart Survey
64.71%11
35.29%6
Q7 Do you support food trucks and MVCs in
Avon?
Answered: 17 Skipped: 1
Total 17
#If not, why?Date
1 I believe Avon already offers a large variety of different and interesting foods and I do not see food trucks as an
improvement to the food scene in Avon
4/13/2017 11:30 AM
2 We have about 30 brick and mortar restaurants, eateries, coffee shops etc in Avon which, I feel, is enough. Allowing
food trucks and MVCs would not increase the sales tax for the town, but dilute the business of the existing
establishment. Further, consider that Avon is seasonal! Why should the town allow businesses to operate only in the
high season, taking revenue away from the year-round establishments, which provide services to the locals as to the
few tourists we have in the off season and often run at a negative profit during these months.
3/29/2017 3:22 PM
3 In the seasonal environment that exists, it is challenging to keep revenue up during the shoulder seasons. Much of the
cost of business is made up during the busier periods and special events. Without this added revenue it could
drastically effect brick and mortar businesses.
3/29/2017 12:57 PM
4 For Large Special Events they are appropriate.3/29/2017 9:29 AM
5 We need to support our established shops first, they would be okay for a special event though.3/29/2017 8:12 AM
6 I think it is good to offer mobile food service during venues in Avon.3/28/2017 6:44 PM
7 I don't think vendor trucks are appropriate outside of Avon events open to a large public mass. Food truckS, as in
HOW MANY? A couple would be all this town could/should handle. One on the east side, one on the west side.
3/28/2017 5:55 PM
8 only if it done by brick and mortar restaurants 3/28/2017 3:51 PM
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
Answer Choices Responses
Yes
No
7 / 9
2017 Town of Avon Food Truck & Mobile Vendor Cart Survey
Q8 Is there anything else you would like to
share regarding your opinion of food trucks
and MVCs in Avon?
Answered: 7 Skipped: 11
#Responses Date
1 The added amenity of Food Trucks and MVC's in the area is an attractive concept, but it needs to be heavily
considered on the business' that have sustained and built Avon. Furthermore, it may have an effect of cheapening or
diminishing the vision of Avon. None of the surrounding communities which cater to a similar clientele market Food
Trucks or MVC's. It should be considered how and where the Trucks can be so not to have the feel of a carnival, or
tail-gate party. The vision of Avon seems to moving in a very positive direction so the effects of mobile business could
have an undesirable effect on image, and ambiance of the community. Thank you for your consideration and
solicitation of input.
3/29/2017 12:57 PM
2 Why didn't the stage at Nottingham Park include a cafe with lakeside seating? For the price-tag that was a big swing
and a miss! I would strongly urge the town put it in the plan to improve the park with a Brick and Mortar Concession
Stand that's leased to an operator with proven track record. A cafe with a patio right next to the lake would be huge
draw. How many of you have seen this type setup in Europe? A real Cafe with GOOD FOOD & great views umbrellas
etc. NOT A CRAPPY HOT DOG STAND!
3/29/2017 9:29 AM
3 Do not do it, it is not what we would like to see in Avon.3/29/2017 8:12 AM
4 Would LOVE to have the Food trucks in Chapel Square 3/28/2017 6:02 PM
5 The FOOD trucks should be inspected WEEKLY. I'm not going to name names, but a friend of mine worked for a
certain food truck company and I would hear daily about the RATS/MICE in the truck!!! Right here in the VAIL
VALLEY!! WHAT????? Not sure I would even eat from one of these trucks after knowing this unless assured they
were getting inspected.
3/28/2017 5:55 PM
6 I think it would be a great addition to our town--they are very popular in other destination towns throughout the country
(world) and think it would actually draw more customers for the brick and mortar stores/restaurants. It would be fun to
have "food truck festival" once a year--it's really about shared experiences around food.
3/28/2017 3:58 PM
7 I see no reason to ban food trucks. They can only add to attract tourism, keep locals happy with better than your
standard fast food, and could give a great vibe to the community.
3/28/2017 3:20 PM
8 / 9
2017 Town of Avon Food Truck & Mobile Vendor Cart Survey
Q9 Name (optional):
Answered: 10 Skipped: 8
#Responses Date
1 Jose Rodolfo Castaneda Perez 3/31/2017 11:31 AM
2 Charles Frey Owner Ticino Italian Restaurant 3/29/2017 3:22 PM
3 Chris Doyle (Bob's Place)3/29/2017 12:57 PM
4 Avon Bakery & Deli ORDER ONLINE Avonbakery.com 3/29/2017 9:29 AM
5 John Doe 3/29/2017 8:12 AM
6 Donna Lang Arenschield 3/28/2017 6:02 PM
7 Marti Hurd Wishes owner 3/28/2017 4:22 PM
8 Nikki Kern and Amy Joersz from The Linen Kist 3/28/2017 3:58 PM
9 Hunter Chamness 3/28/2017 3:52 PM
10 Chris Sears - Partner and C.O.O. of Liberty Skis in Avon.3/28/2017 3:20 PM
9 / 9
2017 Town of Avon Food Truck & Mobile Vendor Cart Survey
FISCAL YEAR 2017
FINANCIAL REPORT
April 24, 2017
______________________________________________________________________________________
1. Financial Report Memorandum
2. Sales Tax Report – February 2017
3. Accommodations Tax Report – February 2017
4. Real Estate Transfer Tax Report – March 2017
5. Recreation Center Admissions – March 2017
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Asst. Town Manager Meeting Date: April 24, 2017
Re: Financial Report
SUMMARY
Revenues
SALES TAX
• Sales tax revenue for the month of February was up 3.12% YOY, bringing the 2017 fiscal year to a
total increase of 4.81% over 2016, which is a positive variance of $69,837 over budgeted sales tax
revenues.
ACCOMMODATIONS TAX
• Accommodations tax revenue for February was up by 5.09% YOY, or $9,434 compared to the prior
year. Year-to-date accommodations tax through February is up $31,218 compared to the
previous year, an increase of 8.82%.
REAL ESTATE TRANSFER TAX
• Real estate transfer tax through March, 2017 is up 19.35% compared to the prior year or a
positive increase of $102,608.
RECREATION CENTER ADMISSIONS
• Year-to-date recreation center admission fees year-to-date through March are up $15,087 over
the previous year, or 6.36%, with a positive budget variance of $6,716 as well.
TOWN OF AVON
SALES TAX
2017 Actual vs. Budget
Budget YTD Collections Budget % of change
2012 2013 2014 2015 2016 2017 2017 Variance from 2016
January 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 743,689.78$ 753,812$ 792,562.03$ 38,750.52$ 6.57%
February 533,546.48 636,702.27 673,722.03 788,999.06 774,754.00 767,837 798,923.33 31,086.29 3.12%
March 643,910.29 720,267.31 793,301.96 875,499.53 945,795.71 896,508 - - -100.00%
April 304,220.84 307,407.13 381,839.56 403,560.42 438,198.18 413,518 - - -100.00%
May 270,082.79 309,938.72 340,332.28 353,840.11 404,872.55 378,332 - - -100.00%
June 430,588.57 490,329.18 538,517.31 570,424.51 693,675.00 613,674 - - -100.00%
July 472,215.40 537,479.66 570,959.86 601,516.82 690,342.23 647,242 - - -100.00%
August 455,439.86 504,332.25 547,085.80 572,647.57 593,398.26 602,265 - - -100.00%
September 424,793.75 475,362.88 546,016.59 595,235.68 667,949.51 610,480 - - -100.00%
October 341,711.43 356,925.96 417,921.46 423,701.53 451,303.71 448,744 - - -100.00%
November 336,060.63 362,460.94 397,935.36 438,315.55 445,336.04 446,163 - - -100.00%
December 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,247,832.82 1,230,947 - - -100.00%
Total 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 7,809,521$ 1,591,485.36$ 69,836.81$ 4.81%
Actual Collections
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
2013 2014 2015 2016 2017
Year
Sales Tax Collections for February
TOWN OF AVON
SALES TAX
2017 Actual vs. Budget
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
2013 2014 2015 2016 2017
YTD Sales Tax Comparison January - February
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
Sales Tax Monthly Comparison 2015-2017
2015
2016
2017
TOWN OF AVON
ACCOMMODATIONS TAX
2017 Actual vs. Budget
Budget YTD Collections Budget % change
2012 2013 2014 2015 2016 2017 2017 Variance 2016
January 90,118.88$ 108,508.43$ 129,851.78$ 164,361.04$ 168,424.63$ 173,701$ 190,207.82$ 16,506.46$ 12.93%
February 106,016.32 137,503.61 150,317.06 175,056.31 185,370.53 198,130 194,804.88 (3,325.52) 5.09%
March 115,043.42 153,208.80 168,597.39 183,650.29 217,387.54 220,097 - - -100.00%
April 20,786.24 26,494.49 31,626.02 34,825.13 60,916.55 45,877 - - -100.00%
May 16,664.44 24,527.17 21,961.97 28,002.56 37,357.48 33,758 - - -100.00%
June 56,012.17 66,578.91 54,232.23 53,397.46 73,591.08 79,805 - - -100.00%
July 66,726.73 73,008.92 81,083.01 86,301.22 107,595.18 108,938 - - -100.00%
August 58,358.93 67,688.07 71,044.33 75,107.71 87,674.05 94,532 - - -100.00%
September 42,245.24 44,661.37 50,840.16 60,417.74 68,139.11 69,953 - - -100.00%
October 25,879.51 27,154.53 34,977.59 38,706.72 45,738.23 45,301 - - -100.00%
November 22,786.42 28,171.04 32,064.02 34,328.47 37,570.50 40,695 - - -100.00%
December 112,759.02 131,361.43 168,944.85 198,421.26 200,114.56 213,192 - - -100.00%
Total 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,323,978$ 385,012.70$ 13,180.94$ 8.82%
Actual Collections
$-
$50,000
$100,000
$150,000
$200,000
$250,000
2013 2014 2015 2016 2017
Accommodations Tax Collections for February
Town of Avon
Real Estate Transfer Tax
2017 Actual vs. Budget
Budget YTD Collections $ Change % of Change
2012 2013 2014 2015 2016 2017 2017 2016 2016
January 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 64,422.00$ 46,204$ 107,390.00$ 42,968.00$ 120.78%
February 41,750.07 55,872.69 562,219.70 85,479.08 200,850.86 161,359 270,815.26 69,964.40 216.82%
March 84,760.49 125,927.64 50,375.06 168,744.22 265,061.65 118,502 254,737.53 (10,324.12) 50.96%
April 219,195.80 144,437.80 197,656.36 125,266.30 159,046.06 144,208 - - -100.00%
May 270,170.12 121,784.12 183,745.60 237,971.08 184,987.10 170,310 - - -100.00%
June 169,040.47 90,309.74 220,009.15 294,434.84 307,127.24 184,339 - - -100.00%
July 71,057.40 386,434.78 141,051.52 396,838.68 259,977.94 214,087 - - -100.00%
August 232,505.93 97,579.70 154,032.32 152,380.93 186,483.40 140,350 - - -100.00%
September 96,389.34 157,010.67 267,886.92 291,223.61 321,957.68 193,471 - - -100.00%
October 176,889.62 169,839.80 178,044.24 172,855.22 641,688.59 228,405 - - -100.00%
November 150,549.86 112,491.82 122,582.66 169,328.38 315,109.37 148,379 - - -100.00%
December 145,134.57 83,382.60 1,598,062.92 225,862.90 588,514.66 450,385 - - -100.00%
Total 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 3,495,226.55$ 2,200,000$ 632,942.79$ 102,608.28$ 19.35%
Budget 2,200,000.00
Variance, Favorable (Unfavorable)(1,567,057.21)$
Actual Collections
$-
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
$700,000.00
$800,000.00
2013 2014 2015 2016 2017
YTD Real Estate Transfer Tax Collections
TOWN OF AVON
RECREATION CENTER ADMISSION FEES
2017 Actual vs. Budget
Budget YTD Collections Budget % of change
2012 2013 2014 2015 2016 2017 2017 Variance from 2016
January 66,113$ 70,040$ 62,607$ 64,723$ 74,674$ 77,192$ 74,674.20$ (2,517.48)$ 0.00%
February 78,782 68,578 63,838 68,506 86,342 83,558 93,365.80 9,807.68 8.13%
March 62,670 72,616 77,902 81,664 76,023 84,660 84,085.80 (574.67) 10.61%
April 49,982 64,370 61,760 55,452 67,398 68,245 - - -100.00%
May 44,880 35,064 43,119 50,067 54,337 51,924 - - -100.00%
June 49,442 46,194 55,052 58,431 58,044 60,986 - - -100.00%
July 73,067 71,491 61,472 66,400 65,874 77,225 - - -100.00%
August 67,510 57,329 63,233 66,389 76,558 75,562 - - -100.00%
September 38,141 43,829 36,846 44,719 49,018 48,520 - - -100.00%
October 41,588 48,803 75,818 61,167 51,833 63,736 - - -100.00%
November 94,044 93,822 29,570 71,384 72,114 82,391 - - -100.00%
December 72,059 69,258 77,672 112,201 169,093 114,201 - - -100.00%
Total 738,277$ 741,394$ 708,889$ 801,102$ 901,307$ 888,200$ 252,125.80$ 6,715.54$ 6.36%
Actual Collections
$66,000
$68,000
$70,000
$72,000
$74,000
$76,000
$78,000
$80,000
$82,000
$84,000
$86,000
2013 2014 2015 2016 2017
Recreation Center Admissions - March