TC Packet 11-13-2018 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 13, 2018
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, 100 MIKAELA WAY
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
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TOWN HALL OPEN HOUSE
100 MIKAELA WAY
4:00 – 5:00 P.M.
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 2)
COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW)
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
* AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME
AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.
4. PRESENTATIONS
4.1. EAGLE RIVER COMMUNITY WATER PLAN (LIZZIE SCHODER, EAGLE RIVER WATERSHED COUNCIL) (20 MINUTES)
4.2. PROCLAMATION HONORING EAGLE COUNTY GIVES DAY (JOHN WEISS, SMALL CHAMPIONS) (10 MINUTES)
5. WORK SESSION
5.1. REVIEW PRELIMINARY SITE PLAN ALTERNATIVES FOR THE HAHNEWALD BARN PROJECT
(PLANNING DIRECTOR MATT PIELSTICKER) (90 MINUTES)
5.2. BUDGET WORK SESSION FOR THE FOLLOWING TOWN FUNDS: GENERAL, MOBILITY, FLEET MAINTENANCE AND EQUIPMENT
REPLACEMENT (ACTING TOWN MANAGER SCOTT WRIGHT) (60 MINUTES)
6. ACTION ITEMS
6.1. PUBLIC HEARING SECOND READING ORDINANCE 18-18, AMENDING CHAPTER 5.08 OF THE AVON MUNICIPAL CODE
CONCERNING LIQUOR LICENSES (TOWN ATTORNEY ERIC HEIL) (10 MINUTES)
6.2. FIRST READING ORDINANCE 18-19, APPROVING AMENDMENTS TO SECTIONS OF TITLES 7, 10, AND 15 OF THE
AVON MUNICIPAL CODE (PLANNING DIRECTOR MATT PIELSTICKER) (25 MINUTES)
6.3. FIRST READING ORDINANCE 18-20, ENACTING CHAPTER 2.40 – EVENTS COMMISSION OF TITLE 2 OF THE AVON
MUNICIPAL CODE (DEPUTY TOWN MANAGER PRESTON NEILL) (20 MINUTES)
6.4. CONSENT AGENDA (5 MINUTES)
6.4.1. APPROVAL OF EXTENSION OF MAJOR DESIGN AND DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT
COMPLIANCE APPROVALS FOR AVON HOTEL, LOT B, AVON CENTER AT BEAVER CREEK SUBDIVISION
(PLANNING DIRECTOR MATT PIELSTICKER)
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 13, 2018
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 & AVON ELEMENTARY SCHOOL
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
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6.4.2. APPROVAL OF RESOLUTION 18-20, CERTIFICATION OF DELINQUENT TAXES TO THE COUNTY TREASURER
(ACTING TOWN MANAGER SCOTT WRIGHT)
6.4.3. APPROVAL OF CC4CA POLICY AGENDA (DEPUTY TOWN MANAGER PRESTON NEILL)
6.4.4. AUTHORIZATION FOR MAYOR FANCHER TO SIGN A COMMENT LETTER TO THE FCC REGARDING THE FURTHER
NOTICE OF PROPOSED RULE MAKING IN IMPLEMENTATION OF SECTION 621(A)(1) OF THE CABLE
COMMUNICATIONS POLICY ACT OF 1984 (DEPUTY TOWN MANAGER PRESTON NEILL)
6.4.5. APPROVAL OF MINUTES FROM OCTOBER 23, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
7. WRITTEN REPORTS
7.1. POLICE DEPARTMENT SIX-MONTH UPDATE (POLICE CHIEF GREG DALY)
7.2. UPPER EAGLE REGIONAL WATER AUTHORITY OCTOBER 25, 2018 BOARD MEETING SUMMARY
(MAYOR PRO TEM SMITH HYMES)
7.3. ABSTRACT FROM NOVEMBER 6, 2018 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES)
9. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE
CONCERNING THREATENED LEGAL CLAIMS UNDER CRS §24-72-402(2)(B)
10. 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 shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item,
and may limit such public comment to three minutes per individual, which limitation may be waived or increased 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, NOVEMBER 13, 2018
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, 100 MIKAELA WAY
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
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: COLUMBINE BAKERY INC. D/B/A COLUMBINE BAKERY
LOCATION: 51 BEAVER CREEK PLACE
TYPE: HOTEL & RESTAURANT LICENSE
MANAGER: DANIEL NIEDERHAUSER
4.2. APPLICANT: SAUCE ON THE CREEK LLC D/B/A SAUCE ON THE CREEK
LOCATION: 0101 FAWCETT ROAD #100
TYPE: HOTEL & RESTAURANT LICENSE
MANAGER: DEB APPLEGATE
5. APPROVAL OF THE MINUTES FROM OCTOBER 23, 2018 MEETING
6. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, OCTOBER 23, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairwoman Fancher called the meeting to order at 5:02 p.m. A roll call was taken and Board members
present were Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips and Megan Burch. Sarah Smith Hymes
was absent. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil, Police Chief
Greg Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Mobility Director Eva
Wilson, Public Works Director Gary Padilla, Deputy Town Manager Preston Neill and Secretary Debbie
Hoppe.
2. APPROVAL OF AGENDA
There were not changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No public comments were made.
4. RENEWAL OF LIQUOR LICENSES
Start time: 00:59
4.1. Applicant: Avon Properties Leasing LLC d/b/a Village Warehouse Wines
Location: 101 Fawcett Road
Type: Liquor Store
Manager: Peter Cuccia
The application was presented with no concerns. Board member Prince moved to approve the renewal
application for Avon Properties Leasing LLC d/b/a Village Warehouse Wines. Board member Burch
seconded the motion and it passed unanimously by Board members present. Vice Chairwoman Smith
Hymes was absent.
5. APPROVAL OF THE MINUTES FROM OCTOBER 9, 2018 MEETING
Start time: 01:53
Board member Prince moved to approve the minutes from the October 9, 2018 Liquor Authority
meeting. Board member Burch seconded the motion and it passed with a vote of 5. Board member
Phillips abstained from the vote due to her absence. Vice Chairwoman Smith Hymes was absent.
6. ADJOURNMENT
There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the
liquor meeting. Board member Prince seconded the motion and it passed unanimously by Board
members present. Vice Chairwoman Smith Hymes was absent. The time was 5:05 p.m.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, OCTOBER 23, 2018
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 ______________________________________
Advocates for our rivers
330 Broadway, Unit D ║ PO Box 5740, Eagle, Colorado 81631 ║ 970-827-5406, info@erwc.org, www.erwc.org
Eagle River Watershed Council is a nonprofit 501(c)3 organization that advocates for the health and conservation of the Upper Colorado and Eagle River
basins through education, research, and projects.
EAGLE RIVER COMMUNITY WATER PLAN
November 2018
Summary: The plan is an Eagle River Watershed Council (ERWC) led effort to develop proactive water management recommendations that anticipate changes to population growth and increasing municipal demand for water in Eagle County, climate change, and projects related to the 1998 Eagle River Memorandum of Understanding (ERMOU) – an intergovernmental agreement for developing municipal water supplies in the upper Eagle River watershed. Planning activities will focus on the
entire length of the Eagle River from its headwaters on Tennessee Pass to the confluence with the Colorado River in Dotsero. The Plan will consider the hydrologic influence of all of the tributaries. (Refer to attached map.)
A thorough stakeholder process is central to a successful plan. Stakeholders, which include local conservation organizations, state and federal agencies, recreational users, commercial fishing/rafting guides, ERMOU partners, local governments, agricultural users, and other community groups and
individuals, will help develop strategies that can respond to these changes in a way that helps meet municipal demands, while maintaining and improving ecological and recreational attributes in the Eagle River watershed.
This plan will integrate both consumptive and non-consumptive water uses to ensure that all existing and future uses are considered. It will safeguard the interests of the community and extended stakeholders, which include environmental and recreational use needs. ERWC will provide the opportunity for all interested parties to participate and will collaborate with the community so results of this plan are accepted as a fair and reasonable approach to managing our vital water source.
Background: In 2015, the state of Colorado adopted Colorado’s Water Plan that sets forth a water management roadmap to achieve a productive economy, vibrant and sustainable cities, productive agriculture, a resilient environment, and a robust recreation industry. Specific to protecting and
enhancing stream flows, the plan calls for 80 percent of locally prioritized rivers to be covered by Stream Management Plans by 2030.
In fall 2017, ERWC, in partnership with River Network, launched a stakeholder outreach process to build engagement and funding support for the planning effort and to create the plan goals/objectives that best reflect the interests and concerns of stakeholders. Stakeholders include Eagle County; towns of Vail, Minturn, Avon, Eagle, Gypsum, Red Cliff; Edwards Metro District; ERMOU Partners
(cities of Colorado Springs and Aurora; Climax Molybdenum Company; Eagle River Water & Sanitation District; Upper Eagle Regional Water Authority; Vail Associates, Inc; and Colorado River Water Conservation District); Eagle County Conservation District; Northwest Colorado Council of Governments; American Rivers; National Forest Foundation; Colorado Department of Natural Resources; Colorado Parks and Wildlife; U.S. Forest Service; and Bureau of Land Management. The
planning process will bring stakeholders together to promote sustainability of healthy rivers that support multiple economic drivers. The plan will provide a water management framework to provide for the continued sustainability of our water resources and equitably maximize benefits.
This three-year project commenced in June 2018 and has a budget of nearly $390,000. Of this amount, about 47 percent is from a CWCB – Colorado Watershed Restoration Grant, 19 percent from the Colorado Basin Roundtable, 27 percent from stakeholders, and 7 percent in-kind contributions.
Lizzie Schoder
Education & Outreach Manager
Eagle River Community Water Plan
Eagle River Community Water Plan
WHAT IS A COMMUNITY WATER PLAN?
Planning efforts to integrate
multiple uses
into the broader framework
of water management
Eagle River Community Water Plan
WHAT ARE THE ELEMENTS OF A COMMUNITY WATER PLAN?
•Seek multiple benefits
•Engage community members
•Consider a changing environment
•Restorative, regenerative and flexible
Eagle River Community Water Plan
WHY DO WE NEED A COMMUNITY WATER PLAN?
Eagle River Community Water Plan
•Balance all uses and
protect river health
•Develop proactive
water management
recommendations
–Population growth
–Drought
–Water supply planning
(e.g. Eagle River MOU)
WHY DO WE NEED A COMMUNITY WATER PLAN?
Eagle River Community Water Plan
Community Water Plan completed
Community Water Plan in progress
WHO IS IN INVOLVED IN THE COMMUNITY WATER PLAN?
Project management
and fiscal oversight
Technical expertise,
water resource
engineering services,
field data collection,
and quantitative
analysis
Stakeholder outreach,
coordination, and
meeting facilitation
Eagle River Community Water Plan
WHO IS INVOLVED IN THE COMMUNITY WATER PLAN?
Eagle River Community Water Plan
HOW WILL WE CREATE A COMMUNITY WATER PLAN?
Eagle River Community Water Plan
HOW WILL WE CREATE A COMMUNITY WATER PLAN?
Eagle River Community Water Plan
FUNDING
Total Cost: $389,945
CWCB Colorado Watershed Restoration Grant: $181,445
Colorado Basin Roundtable: $75,000
Stakeholders: $106,500
In-Kind: $27,000
WHEN WILL WE CREATE A COMMUNITY WATER PLAN?
Eagle River Community Water Plan
June 2018
January 2019
February 2019
June 2019
Summer 2019
Refine Scope
Review
Conceptual
Models
Community
Meetings
Community
Meetings
Review
Community
Input
WHEN WILL WE CREATE A COMMUNITY WATER PLAN?
Eagle River Community Water Plan
Alternative
Management
Options
Community
Meeting
Review Final
Alternative
Options
Finalize Plan
Community
Reveal
November 2019
January 2020
February 2020
Summer 2020
Late Summer 2020
Thank you
Lizzie Schoder, Education & Outreach
Manager
www.erwc.org
loff@erwc.org
970-827-5406
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Preston Neill, Deputy Town Manager
Date: November 13, 2018
Topic: PROCLAMATION HONORING COLORADO GIVES DAY
SUMMARY:
The Town Council is asked to consider adopting the attached Proclamation supporting Colorado Gives
Day. According to its supporters, this is a statewide day of philanthropy where citizens are encouraged
to “Give Where You Live” by logging onto www.coloradogives.org and investing in local charitable
organizations. The eighth annual Colorado Gives Day takes place midnight to midnight on Tuesday,
December 4, 2018.
John Weiss with Small Champions will attend Tuesday’s meeting to present more information about
Colorado Gives Day.
ATTACHMENT:
Colorado Gives Day Proclamation
PROCLAMATION
Town of Avon, Colorado
COLORADO GIVES DAY
WHEREAS, charitable giving in the Town of Avon, Colorado is critical to providing
support that local nonprofit organizations need to make our community a desirable
place to live; and
WHEREAS, research shows an increase in online giving both locally and
nationally, and many believe it is the future of philanthropy; and
WHEREAS, Community First Foundation and FirstBank have partnered in an
effort to increase charitable giving in our community through the online giving
initiative Colorado Gives Day; and
WHEREAS, Colorado Gives Day in 2017 raised $49.1 million in a single 24-hour
period via online donations, $928,583.31 of which was raised for Eagle County
nonprofits at eaglecogives.org, a website allowing donors to direct their contributions
to one or more of the 48 local, Eagle County charities featured on the site, making it an
ideal resource for facilitating charitable giving to our locally-based nonprofit
organizations; and
WHEREAS, Colorado Gives Day is December 4th this year, and all citizens are
encouraged to participate because all donations, large or small, can make a difference
to nonprofits in need.
NOW, THEREFORE, LET IT BE KNOWN:
The Town Council of the Town of Avon, Colorado, hereby proclaims Tuesday,
December 4, 2018 as Colorado Gives Day in our community.
Mayor Jennie Fancher
On behalf of the Town of Avon, Colorado
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: November 13, 2018
Topic: Hahnewald Barn Work Session– Preliminary Alternatives
ACTION BEFORE COUNCIL
No action.
WORK SESSION AGENDA
• Presentation by Anderson Hallas Architects
• Council Discussion, Questions, Comments
• Public Comments*
• Council Direction on design review and programming of three (3) site and building alternatives.
*An initial three (3) minute limit allowed to each person wishing to speak. Speaker may request more time at the end
of the three (3) minutes, which may be approved by a majority of the Council.
NEXT STEPS
• Refine alternatives and cost estimates based on Council comments and direction.
• January 15, 2019 Steering Committee Meeting: Provide recommendation to Council on refined
alternative.
• January 22, 2019 Town Council Meeting: Review and approve, disapprove or approve with
conditions Steering Committee’s recommendation.
• February 2019 - Consideration of the following actions:
o Authorization of next steps in design contract – Schematic Design through Construction
Documentation Phases
o Direction on moving barn not later than February 2019 to move barn by June 1, 2019
deadline:
▪ Move in whole to Tract G with Mammoth Moving Company
▪ Disassemble and move to Swift Gulch or other approved location
▪ Not move the Barn
BACKGROUND
The Town contracted with Anderson Hallas Architects, PC. for architectural and engineering services to
prepare a pre-design and feasibility study and accompanying pricing to relocate the Hahnewald Barn. On
October 16, 2018, as part of the design process, preliminary programming and site planning alternatives
were presented to the Steering Committee. The Steering Committee is comprised of the Planning and
Zoning Commission and Historic Preservation Advisory Committee and is tasked with providing advice on
design and programming of the barn. Anderson Hallas presented three potential site layouts for the barn
Page 2
and preliminary construction cost estimates to the steering committee. The construction cost estimates
are not total project cost estimates and do not include site costs and other soft costs. These costs are
estimated to be 30% to 40% of the construction costs. The Steering Committee provided several
comments and requested more detail on pricing. The same three site alternatives are attached to this
report and will be presented on November 13, 2018 for Council direction.
ATTACHMENTS
A – Preliminary Alternatives, October 16, 2018
B – Preliminary Scheme & Cost Estimates, October 11, 2018
AVON HAHNEWALD BARNPRELIMINARY ALTERNATIVES • OCTOBER 16, 2018ATTACHMENT A
AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018CONCEPTUAL SCHEME AMAIN LEVELGROUND LEVELSCALE:1/16”=1’-0”ATTACHMENT A
AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018CONCEPTUAL SCHEME AINTERIOR EVENT SPACE SKETCHATTACHMENT A
CONCEPTUAL SCHEME AAVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018ATTACHMENT A
CONCEPTUAL SCHEME A (WITH NEW PARKING LOT)AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018ATTACHMENT A
CONCEPTUAL SCHEME AAVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018ATTACHMENT A
CONCEPTUAL SCHEME BMMAIN LEVELGGGROUND LEVGROUND LEVVELVELSCALE:1/16”=1’-0”AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018ATTACHMENT A
CONCEPTUAL SCHEME BAVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018INTERIOR EVENT SPACE SKETCHATTACHMENT A
CONCEPTUAL SCHEME BAVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018ATTACHMENT A
AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018CONCEPTUAL SCHEME CMAIN LEVELSCALE:1/16”=1’-0”ATTACHMENT A
AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018CONCEPTUAL SCHEME CINTERIOR EVENT SPACE SKETCHATTACHMENT A
CONCEPTUAL SCHEME C OPTION 1AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018ATTACHMENT A
CONCEPTUAL SCHEME C OPTION 2AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018ATTACHMENT A
EXISTING CONDITIONSAVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018ATTACHMENT A
AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018BARN EXISTING CONDITIONS#1/ 1!#1/ ##!#5/ ))!5=31;-!.<>0?"=34<! =3":-!.<"=344-!.<4=3! :-1<>0?1=3;!-1<5=3::-"<1=3!!!-"<1=3!!!-<5=3!-"<5=3 !-1<5=3 :-1<5=3!-"<5=3::-"<5=3!-"<5=3 !-"<5=3!!-1<1=3! :-1<5=3 :-"<1=3!!:-1<5=3!-"<5=3.!-<5=35!-1<;=3!5-"<;=3 :-"<.=31:-"<.=3::-"<1=3! <! =3!!-<5=3 !-1<5=3 5-"<5=3 :-"<1=3!!:-1<5=3:-"<5=3 !-<5=3<5=3 !-<5=3!-1<5=3!!-1<5=3!5-"<1=3! <5=31:-"<5=3 !-"<5=3::-"<5=31!-1<5=355-"<5=35<5=31:-1<5=31!-"<5=3::-"<1=3! :-1<! <! <! <! <:144’"# !!#5/!!#5/#1/ 1!!##!#5/ ))4;’ !! !4!’ ! :44’ ! :4!-<!=3 !-<!!=3!!:-1<!5=31<>0?4!-<!#5/!!#5/4=3! <>0?4!-<4:-1<GROUND LEVELSCALE:1/16”=1’-0”ATTACHMENT A
AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018BARN EXISTING CONDITIONS’’2!"=3!;-"<:=31!-1<’’2!’*#22&##)’’2! =3 <’!: =3 <#)#&(&4!=31!-1<)’*#222#&!!=3! <NORTH ELEVATIONSOUTH ELEVATIONSCALE:1/16”=1’-0”EAST ELEVATIONWEST ELEVATIONATTACHMENT A
AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018OLD TOWN HALL EXISTING CONDITIONSATTACHMENT A
AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018OLD TOWN HALL EXISTING CONDITIONSATTACHMENT A
FIRE STATION EXISTING CONDITIONSAVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018ATTACHMENT A
AVON HAHNEWALD BARNALTERNATIVE LAYOUTS • OCTOBER 16, 2018FIRE STATION EXISTING CONDITIONSATTACHMENT A
Anderson
Hallas
Architects, PC
CREATE
RESTORE
SUSTAIN
Golden, CO
Seattle, WA
303.278.4378
www.andarch.com
MEMO
Date: 10/11/2018
To: Justin Hildreth, Town Engineer of Avon
From: Liz Hallas, Anderson Hallas Architects
Anne Cutrell, Anderson Hallas Architects
Andy Duckett-Emke, Anderson Hallas Architects
Re: Hahnewald Barn – Preliminary Schemes A, B, & C - Costs
These preliminary designs for the rehabilitation and repurposing of the Hahnewald Barn
provide the town with three different schemes for consideration, each with specific benefits, a
range of uses, and different relationships with the spaces around the building.
Scheme A: Orthogonal to the Park, Two-Story, Event/Café/Meeting Spaces/Office
Scheme B: Diagonal to the Park, Two-Story, Event/Meeting Spaces/Office
Scheme C: Fire Station Site, Single Story, Mixed Use
Scheme A: Orthogonal to the Park, Two-Story, Event/Café/Meeting Spaces/Office
This scheme offers the most variety of uses within the two-story barn, with a grand
entrance stair off the park. The upper level would have a café for daily use and be able to
be rented out for events ranging from weddings and anniversary parties to fundraisers and
pre-event mixers. The café area and adjacent staging area would be available for caterers
serving during events. Multipurpose rooms, conference rooms, and meeting rooms
would provide smaller-scaled spaces for volunteer organizations, small business
meetings, yoga classes, or other groups to meet privately. A few small offices on the
lower level could be rented or be identified as community shared workspaces. The public
restrooms would be easily accessible on the lower level from an entry off the park.
This site focuses on creating a variety of outdoor spaces that relate to the building, such
as a wide south deck, a generous interpretive plaza off Lake Street, and to the west, either
a multi-use lawn or additional parking. The lawn would provide a more intimate setting
for outdoor gatherings, like weddings, family reunions, and private parties.
Scheme A is estimated to cost between $ 5.3 and 5.5 million.
Scheme B: Diagonal to the Park, Two-Story, Event/Meeting Spaces/Office
This scheme offers more open, flexible space and fewer rooms, with a lower level entry
from the parking lots and the park and a terraced upper level entry on the east side. The
upper level is almost completely open, with a small amount of space at either end
associated with storage and a warming kitchen for caterers to stage food and drink. The
lower level would be divided into two areas: public space, with a large lobby and public
restrooms, and a rentable open office space with associated meeting rooms. This office
space could be rented to one company or could be set up as a co-working space with
shared resources. The upper level would have a large movable glass panels on the south
side that would allow either an expansive view of the mountains through the panels in the
ATTACHMENT B
Anderson
Hallas
Architects, PC
CREATE
RESTORE
SUSTAIN
Golden, CO
Seattle, WA
303.278.4378
www.andarch.com
closed position or unrestricted movement between the inside space and the deck outside
in the open position.
This site focuses more on the relationship of the new spaces with the greater park. The
barn is angled to maximize views to Beaver Creek and to allow an easier flow between
the multi-use lawn and the park. A deck on the north side of the building overlooks the
park for a visual connection during park events.
Scheme B is estimated to cost between $ 5.1 and 5.3 million.
Scheme C: Fire Station Site, Single Story, Mixed Use
This scheme offers potential private uses for the building and looks for cost saving
opportunities in both the building and the site by eliminating the lower, concrete level of
the barn and retaining the upper wood structure and cladding. This provides half as much
space as the other two schemes and eliminates the stairs and elevator. The single level
has public restrooms as well as three distinct spaces, two for rental to small businesses
and one for community use. The community room can be used for holiday gatherings,
yoga classes, scout meetings, and when not rented for these purposes would serve as a
reading room.
This site is closely related to the library and community center and has a single plaza with
interactive historical displays on the lake street side. The first site plan aligns the
building and the community deck with the view of Beaver Creek. An alternate site plan
explores the options of changing the orientation of the building to relate more with Lake
street.
Scheme C is estimated to cost between $ 3.7 and 3.9 million.
Notes (for All Schemes):
- Costs are for Construction Only
- Costs are based on a Traditional Open Competitive Bid Basis
- Costs are based on a Construction Start of Spring 2021 and include anticipated
inflation effect on cost.
- Costs include a design contingency to account for potential increase due to the nature
of this schematic, preliminary design phase.
- Costs include hiring the building movers, storage of the barn for 2 years, structural
reinforcements, finishes inside and out, mechanical, electrical, AV, and fire
suppression upgrades.
- Costs exclude the following:
o Furniture, Finishes, and Equipment not attached to the building or site, items
such as interior art, chairs, tables, desks, museum displays, printers and other
office equipment, conference tables, consoles, etc.
o Demolition of the Old Town Hall or Fire Station.
o Undergrounding the electrical lines to the south of the Old Town Hall site.
ATTACHMENT B
2019 Budget Work Session
Page 1 of 7
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Acting Town Manager
Date: November 13, 2018
Re: 2019 Budget Work Session
Tuesday’s work session will present the Town Manager's recommended 2019 budgets for the Town's
operating funds including the General, Transit, Fleet and Equipment Replacement Funds. A
PowerPoint presentation will cover personnel and benefits, revenue forecasts, and highlights of departmental budgets.
Previous Town Council budget work sessions have included:
•August 28: Staff Ad Hoc Review Committee recommendations on the 2019 CommunityGrant program funding.
•September 25: Special Events Committee recommendations of funding and 2019 schedule of
events.
•October 9: Presentation of Community Enhancement Fund, Water Fund, Affordable HousingFund, Energy Offset Fund, and Debt Service Fund. Also the Avon Urban Renewal Fund.
•October 23: Presentation of Capital Projects Fund and Long-range CIP.
2019 GENERAL FUND BUDGET HIGHLIGHTS
The following information provides revenue and expenditure highlights for the General Fund.
Fund Balances
The General Fund is the chief operating fund of the Town. At the end of the proposed 2019 fiscal year, estimated ending unassigned fund balance is projected to be $5,163,875, while total fund balance is projected to be $5,852,661. As a measure of the General Fund’s liquidity, it is useful
to compare the unassigned fund balance and total fund balance to total fund expenditures and other
financing sources. Unassigned fund balance represents 29.8% of total fund expenditures and other
financing uses, while total fund balance represents 33.7% of that same amount or the equivalent of approximately 4.1 months of operations. The Town has felt it necessary to retain this level of fund balance because of its heavy reliance on sales tax revenues. The Town’s position as a resort
community also places a heavy reliance upon several other factors including weather and the
natural environment, the national and state economy, and tourism in general. The Town’s fund
2019 Budget Work Session
Page 2 of 7
balance provides the resources necessary to be more adaptable to the short-term financial
environment and limits the need for capital financing.
For the final 2018 revised budget, the General Fund reports a small surplus of $15,201 and an estimated ending fund balance of $5,829,792. Of that amount, restricted reserves for the required
3% TABOR Emergency Reserve total $688,786, and the Town's policy of a 25% minimum reserve
based upon expenditures totals $4,075,928. Remaining undesignated fund balance totals
$1,065,078. Revenue Projections
Property Tax Revenues. General property tax revenues are based upon the Town's net assessed
values and its mill rate. The Town’s preliminary net assessed valuation increased by $4,456,670 or 2.2%, to a total value of 209,360,600. The Town’s mill rate for general operating purposes will remain at 8.956 mills, resulting in a property tax levy of $1,874,034.
Sales Tax Revenues. Through September, sales taxes are up 3.87% and up 3.27% over the current
year budget. For 2018, sales tax revenues are projected to be up 4.5% compared to the prior year. This projection is based upon the 5-year average of the relative monthly percentages collected each month and extrapolated out for the remaining three months. This includes the poor performance
of the later winter months of February and April earlier this year. Projections for 2019 are
generally positive and include predictions based on general growth trends, continued consumer
spending (GDP Growth), predictions for wetter winter months, construction activity in the Town, and positive Destimetric reports of advance reservations.
Sales tax revenue estimates for 2019 are set at 2%, plus estimated additional taxes of $50,000 for
the discontinuation of the exemption for cigarettes and $100,000 for the expectation of addition
sales taxes to be collected due to the Supreme Court "Wayfair" decision that allows states and home rule jurisdictions to collect sales tax from online retailers and others that delivery products into their jurisdictions. The Town has already licensed additional vendors, including Amazon.
Estimates place the ultimate future growth of annual sales tax due to this decision at $450,000 for
the Town.
Accommodation Taxes. Based on year-to-date totals through September, accommodation taxes are projected to be approximately 1% higher in 2018 using the same formulas as above. Again,
this includes very poor performance (2.65% decline from the prior year) in the first four months
of 2018.
Sales tax revenue estimates for 2019 are set at 2% based upon the same criteria as above. In addition, it is important to note that an additional 68 short-term rentals were licensed over last
winter, and an additional $76,357 in taxes collected. These efforts are ongoing with our
LodgingRevs program and are expected to result in continued growth in this area.
Avon Recreation Center Admission Fees: No change in rates in resident monthly pass rates.
2019 Budget Work Session
Page 3 of 7
Cigarette and Tobacco Taxes. With Avon's successful tax measure on the purchase of cigarettes
and tobacco, revenue estimates totaling $190,000 has been added for the $3 excise tax on a pack of cigarettes, and $40,000 on the levy of a 40% tax on other tobacco products. These are conservative estimates based on data regarding the current number of packs of cigarettes sold in
Avon, and then substantially discounted.
Personnel and Benefits. In early 2018, the Human Resources department engaged Mountain States Employers Council
(MSEC) to assist in reviewing the Town's step pay structure against current data and market
salaries and practices. The project initially began burdened under many of the arbitrary rules,
statistical requirements and arithmetic constraints which had previously challenged the Town. Subsequently, the project increased in scope to allow an examination and refinement of several
aspects of the step pay structure which had not previously been open for review.
In so doing, the following was considered:
• The number of comparators used in each position comparison;
• The inclusion of unhindered market ranges from the different comparators;
• The inclusion, where applicable, of private sector comparators;
• The inclusion, where necessary and applicable, of MSEC market data beyond the Town's
normal comparators;
• The top-of-range merit pay of 2%;
• The timing and projection of market research to correspond with actual delivery of salary adjustments.
With MSECs assistance and guidance, the Town was able accomplish within its proposed 2019
budget the following items:
• Increase statistical validity by including more comparator towns;
• Discontinue the practice of the narrowing of market ranges by the use of arbitrary
mathematical constraints, thus truly mirroring market practices;
• Accurately reflect that, in many positions, the Town competes not just with other
municipalities, but also with the private sector;
• Include, for positions where the Town has no direct ski town comparators, other reasonable
municipal comparators;
• Understand market practices in both public and private sector, and adjust the top-of-range
merit pay from 2% to 3%, allowing the Town to track closer to cost of living metrics in
Eagle County;
• Build-in for the future a more direct route of market research related to pay range adjustments in order to avoid overly long timing gaps.
2019 Budget Work Session
Page 4 of 7
Impacts
• Approximately 27 of the Town's 97 full-time positions are at top-of-range. The additional
cost of raising the top-of-range merit pay from 2% to 3% is $22,711.
• The overall 2019 budgetary impact of adjusting all step pay schedules to market as of
January 1, 2019 is $376,889, or an average of 5.5% of total 2019 salaries.
• Overall, total personnel costs are projected to increase 7.8%.
Other Personnel Changes. Proposed personnel changes include the following:
• Wages of $30,000 for a part-time Safety and Risk Management assistant in Human
Resources.
• Wages of $32,500 for a part-time building permit tech in Building Inspection.
• Reclassification/promotion of the Administrative Service Manager to Senior
Administrative Services Manager.
• Reclassification of 2 patrol officers to Sergeant.
• Reclassification of positions and reorganization of Aquatics division.
Group Health and Dental. After a successful RFP process to select a new TPA in August and
the receipt of very positive stop loss renewals from our insurance carrier, the Town has been able to keep overall health and dental contribution increases to a minimum for both the Town and
employees. The overall increase for health insurance costs for the Town are 2.14%. Because the
2018 budget as originally adopted was higher than actual 2018 costs, and because the claims
realization rate has been lower than budgeted, the actual per-employee-per-month cost has gone
down from $1,889.59 to $1,845.02.
In addition, included in the consent agenda is a Direct Contract Agreement with Vail Health. This
is a result of several months of negotiations to achieve further discounts for medical services for
our employees over and above that being offered by other facilities and providers within our PPO
network.
Departmental Highlights
General Government
• In the Town Council budget, $11,900 has been included for the Climate Action Collaborative,
and $5,000 for the CC$CA membership;
• Town Attorney legal fees have been increased by $23,000 to $155,000;
• PEG grant fees of $12,000 are included in the Community Relations budget;
Human Resources
• Part-time wages of $30,000 have been included for a Safety and Risk Management position;
• A number of previously decentralized budget line items have now been centralized within Human Resources, including: background checks, random drug and alcohol testing, DOT
physicals, pre-employment drug screening, supervisory and customer service training, and job
announcement advertising.
2019 Budget Work Session
Page 5 of 7
Comm. Dev. Planning / Building Inspection
• Wages of $32,500 for a part-time building permit tech in Building Inspection;
• Recruitment, replacement and training due to the pending retirement of the Town's Building
Official is included in 3 months of overlapping salaries;
• Continued 3rd-part contracts with the Valley Home Store - $12,400, Eagle County GIS -
$3,000, and Safebuilt Inspections - $2,500. Community Grants
• Community grants of $144,000. In addition, contributions of $40,000 towards the Birds of
Prey world cup races and $15,000 toward the USFS Ranger program are included.
Police Department
• $19,500 to Hope Center Eagle River Valley for 24-hour mental health crisis response
services under the co-responder model;
• $5,000 for services to Riverbridge Child Forensic interview and advocacy services, in
Glenwood Springs. $5,000 for services to Tree Top Child Forensic interview and advocacy
services in Breckenridge;
• $2,197 for Field Training Online tracking program.
Engineering / Facilities
• LED Light Conversions - $30,000
Public Works
• Brick repair at bus stops - $40,000;
• Ditch maintenance - $10,000
• Weed mitigation - $40,000
• LED holiday lights - $17,500
Recreation
• Secured a third van through equipment replacement to accommodate increased enrollment in
camp programs;
• Elevated entry level salaries from $12.29/hr. to $15.00/hr. to re-establish the department as
competitive in the part time and seasonal employee market;
• Filled one vacant fulltime guard position with a new Recreation Specialist position to aide in
program growth;
• Reclass Aquatics Supervisor to Aquatics Superintendent in 2019 to foster more growth in
the swim program and stabilize the Swim Program Supervisor work schedule;
diminishing overtime from $11,000/year to 2,000/yr. and streamlining the work program
in the pool area.
2019 Budget Work Session
Page 6 of 7
FLEET MAINTENANCE ENTERPRISE FUND
Fleet operations for the maintenance of Town rolling stock and equipment, as well as third party contracts for fleet services are budgeted within the Fleet Maintenance Enterprise Fund.
Historically, a subsidy from the General Fund has been made to fleet maintenance to cover the
capital cost of the Fleet Maintenance facility. The principal and interest on the debt for 2018 is
$254,825. General Fund transfers in the amount of $550,000, are provided in both the revised 2018 and 2019 budgets to balance the budget. Shop rates remain unchanged for 2019 and will be reviewed closely next year for possible adjustments in 2020.
MOBILITY ENTERPRISE FUND
Mobility programs, transit operations, management of the Avon Regional Transportation Facility, and wash bay revenues and expenditures are all budgeted within the Mobility Enterprise Fund.
The total General Fund subsidy to support the Transit Fund in both 2018 and 2019 is $1,200,000.
Below is the bus route schedule for 2019:
Service hours for 2019 are set at 14,639 hours and includes five routes during the winter months:
the Blue, Red and Night Rider routes, a skier shuttle and an evening restaurant shuttle. Revenues
have been increased due to an FTA operations award of $246,000 and an FTA bus grant of $800,000 for two new buses. The Zagster bike share program continues in 2019 at a cost of $45,000.
EQUIPMENT REPLACEMENT INTERNAL SERVICE FUND
Annual expenditures are determined by equipment replacement schedules for equipment placed into the Fund at time of purchase; annual variations occur due to varying estimated useful lives.
2019 Budget Work Session
Page 7 of 7
Significant replacements budgeted for 2019 for the Town's fleet and heavy equipment include the
replacement of 6 police patrol vehicles, a pickup w/ plow for Roads & Bridges, a Recreation van,
a Toolcat excavator, and the replacement of various Park utility vehicles and mowers.
In the Recreation Center fitness program, treadmills and various other fitness exercise machines
(stepmill, elliptical, AMT), and the replacement of all Technogym/Precor circuit weight machines.
In computers and office equipment, new ARTF network switches, and virtual servers for the Town enterprise network.
ATTACHMENTS:
Attachment A – General Fund Budget Summary Attachment B – Fleet Maintenance Budget Summary
Attachment C – Transit Budget Summary
Attachment D – Equipment Replacement Budget Summary
Original or Final
Prev. Amend.Revised Proposed
Actual Budget Budget Budget
2017 2018 2018 2019
REVENUES
Taxes 12,562,229$ 12,828,034$ 13,108,453$ 13,740,100$
Licenses and Permits 341,543 226,100 325,600 279,100
Intergovernmental 959,782 1,029,926 1,025,709 918,410
Charges for Services 1,716,388 1,615,108 1,569,360 1,569,376
Fines and Forfeitures 94,311 92,445 61,375 65,200
Investment Earnings 126,329 135,000 140,000 175,000
Other Revenue 408,720 420,300 455,300 387,500
Total Operating Revenues 16,209,302 16,346,913 16,685,797 17,134,686
Other Sources
Capital Lease Proceeds 80,204 - - -
Transfer-In From Capital Projects Fund 226,327 233,117 233,117 240,111
Total Other Sources 306,531 233,117 233,117 240,111
TOTAL REVENUES 16,515,833$ 16,580,030$ 16,918,914$ 17,374,797$
EXPENDITURES
General Government 3,356,161$ 3,579,841$ 3,608,423$ 3,827,696$
Community Development 1,505,073 1,392,985 1,384,862 1,492,126
Public Safety 3,416,991 3,697,529 3,740,346 3,889,510
Public Works 4,180,010 4,547,942 4,355,468 4,438,103
Recreation 1,436,483 1,504,825 1,464,614 1,634,493
Total Operating Expenditures 13,894,718 14,723,122 14,553,713 15,281,928
Contingency - 109,066 - 200,000
Other Uses
Transfers-Out to Capital Projects Fund 1,120,000 600,000 600,000 120,000
Transfers-Out to Transit 1,390,415 1,167,000 1,200,000 1,200,000
Transfers-Out to Fleet Maintenance 360,000 415,000 550,000 550,000
Total Other Uses 2,870,415 2,182,000 2,350,000 1,870,000
TOTAL EXPENDITURES 16,765,133 17,014,188 16,903,713 17,351,928
NET SOURCE (USE) OF FUNDS (249,300) (434,158) 15,201 22,869
FUND BALANCES, Beginning of Year 6,063,891 5,814,591 5,814,591 5,829,792
FUND BALANCES, End of Year 5,814,591$ 5,380,433$ 5,829,792$ 5,852,661$
FUND BALANCES:
Restricted For:
3% TABOR Emergency Reserve 688,786$ 688,786$ 688,786$ 688,786$
Assigned For:
Special Events - 100,000 - -
Unassigned:
25% Minimum Reserve Balance 3,911,283 4,076,281 4,075,928 4,257,982
Undesignated, Unreserved 1,214,522 515,367 1,065,078 905,893
TOTAL FUND BALANCES 5,814,591$ 5,380,433$ 5,829,792$ 5,852,661$
Fund Summary
MUNICIPAL SERVICES
General Fund #10
ATTACHMENT A
Page 1 of 6
Original or Final
Prev. Amend.Revised Proposed
Account Actual Budget Budget Budget
Number Description 2017 2018 2018 2019
Taxes:
51101 General Property Tax 1,736,538$ 1,836,085$ 1,836,085$ 1,874,034$
51102 General Property Tax - Delinquencies 22 500 500 500
51103 General Property Tax - Interest 2,840 1,500 1,500 1,500
51104 General Property Tax - Abatements - - (265) -
51201 Specific Ownership Tax 99,498 120,000 105,000 105,000
51301 Sales Tax 8,051,066 8,218,606 8,435,145 8,753,848
51302 Utility Tax 102,279 110,000 105,000 105,000
51303 Accommodation Tax 1,333,939 1,306,343 1,346,488 1,373,418
51304 Penalties and Interest 32,450 25,000 50,000 35,000
51305 Sales Tax Audit Assessments 20,203 5,000 10,000 10,000
51307 VAA Retail Sales Fee 763,915 775,000 795,000 826,800
Cigarette Excise Tax - - - 190,000
Tobacco Add-on Sales Tax - - - 40,000
51402 Franchise Fees 419,479 430,000 424,000 425,000
51000 Total Taxes 12,562,229 12,828,034 13,108,453 13,740,100
Licenses and Permits:
52101 Liquor Licenses 8,086 7,000 12,500 12,500
52102 Business Licenses 85,425 85,000 95,000 95,000
52103 Contractor's Licenses 10,765 10,500 10,500 10,500
Tobacco/Cigarette Licenses - - - 2,500
52201 Building Permits 200,756 115,000 200,000 150,000
52205 Road Cut Permits 11,361 8,000 7,000 8,000
52207 Mobile Vendor Cart Permits 150 600 600 600
52209 School Site In-lieu-of Payment 25,000 - - -
52000 Total Licenses and Permits 341,543 226,100 325,600 279,100
Intergovernmental:
Federal Grants:
53106 Click It or Ticket 4,180 5,500 2,225 5,500
53107 Ballistic Vests 1,237 2,000 1,600 2,000
State Grants
53204 LEAF Grant 10,972 18,000 - -
53206 High Visibility Grant 24,524 20,000 25,000 20,000
POST I70 Training Grants 38,608 21,000 21,000 7,175
Local Government/Other Agency
53900 Eagle River Youth Coalition 6,477 8,500 5,000 5,000
Subtotal: Grants 85,998 75,000 54,825 39,675
Revenue Detail
MUNICIPAL SERVICES
General Fund
ATTACHMENT A
Page 2 of 6
Original or Final
Prev. Amend.Revised Proposed
Account Actual Budget Budget Budget
Number Description 2017 2018 2018 2019
Revenue Detail
MUNICIPAL SERVICES
General Fund
State/County Shared Revenue:
53301 Conservation Trust 64,771 72,000 72,000 72,000
53302 Motor Vehicle Registration 24,613 22,000 24,800 24,800
53303 Highway User's Tax 193,875 201,963 253,469 181,675
53304 Cigarette Tax 37,696 42,000 35,000 -
53305 County Sales Tax 424,225 483,743 450,000 463,500
53306 Road & Bridge Fund 127,800 132,220 134,615 135,760
53308 State Severance Tax 804 1,000 1,000 1,000
Subtotal: Shared Revenue 873,784 954,926 970,884 878,735
53000 Total Intergovernmental 959,782 1,029,926 1,025,709 918,410
Charges for Services:
General Government:
54102 Photocopying Charges - 300$ 100$ 100$
54103 License Hearing Fees - 100 100 100
54104 Other Fees and Charges 2,576 1,250 2,000 2,000
54105 CC & Paper Filing Fees 2,691 - 2,500 2,500
54201 Plan Check Fees 111,012 95,000 50,000 50,000
54202 Subdivision Review Fees - 1,000 - -
54203 Design Review Fees 14,485 14,295 22,000 22,000
54204 Animal Control Fees 120 500 150 150
54205 Abatement Services 300 - - -
54206 Fire Impact Fee Administration Fees 1,795 750 1,500 1,500
54301 Police Reports 620 600 500 500
54302 Police Extra Duty 23,922 25,000 50,000 25,000
54303 Fingerprinting Fees 5,844 5,000 3,500 -
54304 VIN Inspection Fees 13,540 5,000 750 750
54305 False Alarm Fees/Misc Police Dept Fees 70 500 75 75
54306 National Night Out 3,476 2,000 3,500 2,500
54307 Kids, Cops, Hoops 400 - - -
54399 DUI Reimbursement 16,283 24,250 40,900 35,000
Subtotal: General Govern.197,134 175,545 177,575 142,175
Recreation Facility:
54601 Admission Fees 963,861 915,000 915,000 915,000
54602 Program Fees 87,796 94,580 94,580 94,580
54603 Rentals 49,543 42,500 54,424 42,500
54604 Merchandise Sales 7,660 8,500 8,600 8,500
54606 Rec Center Services 9,531 10,000 11,296 10,000
54607 Fitness Program Revenues 52,534 50,125 58,000 50,125
Other Recreation:
54651 Adult Program Revenues 19,350 24,921 26,000 24,921
54652 Cabin Equipment Rentals 24,254 17,500 31,350 25,000
54653 Athletic Field Rentals 2,270 2,000 1,500 2,000
54655 Youth Program Revenues 170,710 215,625 168,000 215,625
ATTACHMENT A
Page 3 of 6
Original or Final
Prev. Amend.Revised Proposed
Account Actual Budget Budget Budget
Number Description 2017 2018 2018 2019
Revenue Detail
MUNICIPAL SERVICES
General Fund
Special Events:
54670 Ticket Sales 80,807 - - -
54671 Revenues from Vendor Sales 6,868 - - -
54676 Sponsorships 22,175 38,000 7,000 20,000
54678 Event Fees 10,600 10,525 5,550 5,450
54679 Special Event Admission Fees 11,295 10,287 10,485 13,500
Subtotal: Recreation 1,519,254 1,439,563 1,391,785 1,427,201
54000 Total Charges for Services 1,716,388 1,615,108 1,569,360 1,569,376
Fines and Forfeitures:
55101 Court Fines - Traffic 63,765$ 51,300 37,700 40,000
55102 Court Fines - Criminal 16,081 21,000 10,200 11,000
55103 Court Fines - Parking 3,775 6,735 2,890 3,000
55105 Court Costs 5,210 7,000 5,860 6,000
55106 Jury Fees - 100 25 100
55107 Bond Forfeitures - 100 200 100
55110 Police Training Surcharge 5,480 6,210 4,500 5,000
55000 Total Fines and Forfeitures 94,311 92,445 61,375 65,200
Investment Earnings:
57101 Interest 126,329 135,000$ 140,000$ 175,000$
57000 Total Investment Earnings 126,329 135,000 140,000 175,000
Other Revenues:
58101 Recreational Amenity Fees 275,511 325,000 275,000 275,000
58109 Bond Issuance Fees 10,476 10,200 10,200 10,000
58201 Lease of Town-Owned Property 37,258 40,000 60,000 52,500
58999 Miscellaneous Nonclassified Revenues 85,475 45,100 110,100 50,000
58000 Total Other Revenues 408,720 420,300 455,300 387,500
50000 TOTAL REVENUES 16,209,302$ 16,346,913$ 16,685,797$ 17,134,686$
ATTACHMENT A
Page 4 of 6
Original or Final
Dept./Prev. Amend.Revised Proposed
Div.Actual Budget Budget Budget
Number Description 2017 2018 2018 2019
General Government:
111 Mayor and Town Council 218,454$ 232,288$ 232,288$ 242,117$
112 Boards and Commissions 13,228 16,049 16,049 16,049
113 Town Attorney 120,393 132,000 132,000 155,000
115 Town Clerk 106,185 117,913 118,313 120,800
121 Municipal Court 120,667 148,899 148,899 155,008
131 Town Manager 349,501 367,798 363,558 386,895
133 Community Relations 197,403 196,416 196,416 202,582
Subtotal General Government 1,125,831 1,211,363 1,207,523 1,278,451
Human Resources:
132 Human Resources 443,676 486,153 461,613 537,456
Finance and IT:
141 Finance 872,178 944,349 950,649 997,181
143 Information Systems 394,014 436,762 387,291 431,091
149 Nondepartmental 520,462 501,214 601,347 583,517
Subtotal Finance and IT 1,786,654 1,882,325 1,939,287 2,011,789
Total General Government and Finance 3,356,161 3,579,841 3,608,423 3,827,696
Community Development:
212 Planning 267,413 309,940 296,038 293,353
213 Building Inspection 145,487 151,049 150,591 177,039
215 Town Produced Events 609,604 268,342 274,579 210,019
216 Special Event Funding 309,449 366,620 366,620 500,000
217 Community Grants 173,120 200,034 200,034 201,000
218 Salute to the USA - 97,000 97,000 110,715
Total Community Development 1,505,073 1,392,985 1,384,862 1,492,126
Police Department:
311 Administration 686,727 778,392 795,442 795,463
312 Patrol 2,449,547 2,633,370 2,648,142 2,778,057
313 Investigations 280,717 285,767 296,762 315,990
Total Police Department 3,416,991 3,697,529 3,740,346 3,889,510
Department Expenditure Summaries
MUNICIPAL SERVICES
General Fund
ATTACHMENT A
Page 5 of 6
Original or Final
Dept./Prev. Amend.Revised Proposed
Div.Actual Budget Budget Budget
Number Description 2017 2018 2018 2019
Department Expenditure Summaries
MUNICIPAL SERVICES
General Fund
Public Works
Engineering:
412 Engineering 239,144 283,636 249,063 275,025
418 Buildings and Facilities 1,121,669 1,260,946 1,212,135 1,169,504
Roads and Bridges:
413 Roads and Bridges 2,204,890 2,331,843 2,246,203 2,321,714
415 Parks and Grounds 614,307 671,517 648,067 671,860
Total Public Works Department 4,180,010 4,547,942 4,355,468 4,438,103
Recreation Department:
514 Administration 226,021 237,063 227,560 244,297
515 Adult Programs 52,019 62,834 61,393 62,701
516 Aquatics 573,607 527,783 509,851 629,604
518 Fitness 148,095 144,227 140,387 136,807
519 Guest Services 307,098 325,124 319,070 336,180
521 Youth Programs 129,643 150,475 149,034 161,580
523 Communtiy Swim Program - 57,319 57,319 63,324
Total Recreation 1,436,483 1,504,825 1,464,614 1,634,493
TOTAL OPERATING EXPENDITURES 13,894,718$ 14,723,122$ 14,553,713$ 15,281,928$
ATTACHMENT A
Page 6 of 6
Original or Final
Prev. Amend.Revised Proposed
Actual Budget Budget Budget
2017 2018 2018 2019
REVENUES
Taxes 40,297$ 41,532$ 41,532$ 41,592$
Intergovernmental 328,000 - 75,000 1,046,000
Charges for Services 267,215 239,246 283,430 270,806
Other Revenues 86,131 104,122 104,122 153,645
Total Operating Revenues 721,643 384,900 504,084 1,512,043
Other Sources
Transfers In from General Fund - Operating 1,390,415 1,167,000 1,200,000 1,200,000
Total Other Sources 1,390,415 1,167,000 1,200,000 1,200,000
TOTAL REVENUES 2,112,058 1,551,900 1,704,084 2,712,043
EXPENDITURES
Administration 247,658 271,617 277,084 286,200
Transit Operations 1,754,258 1,258,194 1,319,418 2,087,011
Washbay 135,278 157,973 177,740 169,082
Mobility Programs - - - 373,720
TOTAL EXPENDITURES 2,137,194 1,687,784 1,774,242 2,916,013
NET SOURCE (USE) OF FUNDS (25,136) (135,884) (70,158) (203,970)
FUND BALANCES, Beginning of Year 685,600 625,541 660,464 590,306
FUND BALANCES, End of Year 660,464$ 489,657$ 590,306$ 386,336$
Fund Summary
MUNICIPAL SERVICES
Mobility Enterprise Fund #52
ATTACHMENT B
Page 1 of 2
Original or Final
Prev. Amend.Revised Proposed
Acct.Actual Budget Budget Budget
Number Description 2017 2018 2018 2019
Taxes:
Property Taxes
51101 Property Tax/ Gates GID 40,190$ 41,532$ 41,532$ 41,592$
51103 Current & Delinquent interest 107 - - -
51000 Total Taxes 40,297 41,532 41,532 41,592
Intergovernmental:
Federal Grants:
53104 FTA Grant 328,000 - - 800,000
53199 Other Federal Grants - - 75,000 246,000
53000 Total Intergovernmental 328,000 - 75,000 1,046,000
Charges for Services:
Transportation:
54501 Beaver Creek 107,894 124,316 124,316 124,000
54507 Wash Bay Services- External 112,391 68,000 112,184 99,876
54902 Wash Bay Services- Internal 46,930 46,930 46,930 46,930
54000 Total Charges for Services 267,215 239,246 283,430 270,806
Other Revenues:
58201 Lease of Town-owned Property 67,445 83,122 83,122 114,192
Sale of Electricty - - - 21,453
58995 Bus Advertising Revenue 16,382 21,000 21,000 18,000
58999 Misc. Nonclassifed Revenue 2,304 - - -
58000 Total Other Revenues 86,131 104,122 104,122 153,645
Other Sources:
59201 Transfers In Gen. Fund - Operating 1,390,415 1,167,000 1,200,000 1,200,000
59000 Total Other Sources 1,390,415 1,167,000 1,200,000 1,200,000
50000 TOTAL REVENUES 2,112,058$ 1,551,900$ 1,704,084$ 2,712,043$
Revenue Detail
MUNICIPAL SERVICES
Mobility Enterprise Fund #52
ATTACHMENT B
Page 2 of 2
Original or FinalPrev. Amend.Revised Adopted
Actual Budget Budget Budget
2017 2018 2018 2019
REVENUES
Charges for Services 1,127,815$ 1,279,626$ 1,179,699$ 1,214,791$
Other Revenue 1,609 - - -
Total Operating Revenues 1,129,424 1,279,626 1,179,699 1,214,791
Other Sources
Transfers-In from General Fund 360,000 415,000 550,000 550,000
Sales of Fixed Assets - - - -
Total Other Sources 360,000 415,000 550,000 550,000
TOTAL REVENUES 1,489,424 1,694,626 1,729,699 1,764,791
EXPENDITURES
Public Works:
Fleet Maintenance 1,662,609 1,693,973 1,723,855 1,801,273
Total Operating Expenditures 1,662,609 1,693,973 1,723,855 1,801,273
TOTAL EXPENDITURES 1,662,609 1,693,973 1,723,855 1,801,273
NET SOURCE (USE) OF FUNDS (173,185) 653 5,844 (36,482)
FUND BALANCES, Beginning of Year 223,149 239,818 49,964 55,808
FUND BALANCES, End of Year 49,964$ 240,471$ 55,808$ 19,326$
Fund Summary
MUNICIPAL SERVICES
Fleet Maintenance Enterprise Fund #61
ATTACHMENT C
Page 1 of 2
Original or Final
Prev. Amend.Revised Adopted
Acct.Actual Budget Budget Budget
Number Description 2017 2018 2018 2019
Charges for Services:
54806 3rd Party Fleet Maintenance Chrgs.516,781$ 758,440$ 632,428$ 651,402$
54901 Dept. Fleet Maintenance Chrgs.584,919 511,186 537,271 553,389
54903 Sales of Fuel 26,115 10,000 10,000 10,000
54000 Total Charges for Services 1,127,815 1,279,626 1,179,699 1,214,791
Other Revenues:
58205 Insurance Reimbursements - - - -
58999 Miscellaneous Nonclassified Revenues 1,609 - - -
58000 Total Other Revenues 1,609 - - -
Other Sources:
59201 Transfers In - General Fund 360,000 415,000 415,000 425,000
59101 Sales of Fixed Assets - - - -
59000 Total Other Sources 360,000 415,000 415,000 425,000
50000 TOTAL REVENUES 1,489,424$ 1,694,626$ 1,594,699$ 1,639,791$
Revenue Summary
MUNICIPAL SERVICES
Fleet Maintenance Enterprise Fund #61
ATTACHMENT C
Page 2 of 2
Original or Final
Prev. Amend.Revised Adopted
Actual Budget Budget Budget
2017 2018 2018 2019
REVENUES
Charges for Services:
Equipment Replacement Charges 646,800$ 639,478$ 664,888$ 683,687$
Other Revenue
Insurance Cliam Reimbursements - - - 27,750
Total Operating Revenues 646,800 639,478 664,888 711,437
Other Sources
Sales of Fixed Assets 32,962 23,000 45,000 35,000
Capital Lease Proceeds 275,614 - - -
Total Other Sources 308,576 23,000 45,000 35,000
TOTAL REVENUES 955,376 662,478 709,888 746,437
EXPENDITURES
Capital Outlay:
Fleet and Heavy Equipment 35,575 473,485 795,894 547,973
Recreation Center Equipment 12,405 31,515 42,595 200,397
Computer and Office Equipment 147,194 47,587 54,228 57,881
Machinery and Equipment - 31,930 12,718 37,571
Heat Recovery 3,204 - 6,188 -
Total Operating Expenditures 198,378 584,517 911,623 843,822
TOTAL EXPENDITURES 198,378 584,517 911,623 843,822
NET SOURCE (USE) OF FUNDS 756,998 77,961 (201,735) (97,385)
FUND BALANCES, Beginning of Year 2,777,507 3,231,619 3,534,505 3,332,770
FUND BALANCES, End of Year 3,534,505$ 3,309,580$ 3,332,770$ 3,235,385$
Fund Summary
MUNICIPAL SERVICES
Equipment Replacement Internal Service Fund #63
ATTACHMENT D
Page 1 of 12
Original or Final
Prev. Amend.Revised Proposed
Account Actual Budget Budget Budget
Number Description 2017 2018 2018 2019
Charges for Services:
Equipment Rental Charges
54904 Finance 3,337$ 3,337$ -$ -$
54904 Information Systems 49,762 51,871 - -
54904 Nondepartmental 18,040 17,100 110,526 106,934
54904 Comm Dev - Planning 847 847 - -
54904 Comm Dev - Building Inspection 2,148 -- -
54904 Police - Administration 11,383 11,383 34,216 46,317
54904 Police - Patrol 122,361 119,796 82,973 94,821
54904 Police - Investigations 6,644 6,644 8,071 8,071
54904 Engineering - 3,573 - 1,899
54904 Buildings 61,524 61,524 63,802 63,802
54904 Public Works - Road and Bridge 81,870 78,967 101,634 110,967
54904 Public Works - Parks 96,695 97,814 102,148 103,475
54904 Mobility - Operations 48,828 48,828 51,295 44,088
54904 Mobility - Wash Bay 22,237 22,237 21,939 21,939
54904 Fleet Maintenance 4,960 4,960 1,807 1,807
54904 Recreation - Administration 10,583 10,583 - -
54904 Recreation - Aquatics 23,959 24,800 21,157 21,157
54904 Recreation - Fitness 75,568 69,160 65,320 58,410
54904 Recreation - Cabin 6,054 6,054 - -
54000 Total Charges for Services 646,800 639,478 664,888 683,687
Other Revenue
58205 Insurance Claim Reimbursements - - - 27,750
Other Sources:
59101 Sale of Fixed Assets 32,962 23,000 45,000 35,000
59303 Capital Lease Proceeds 275,614 - - -
59000 Total Other Sources 308,576 23,000 45,000 35,000
50000 TOTAL REVENUES 955,376$ 662,478$ 709,888$ 746,437$
Revenue Detail
MUNICIPAL SERVICES
Equipment Replacement Internal Service Fund #63
ATTACHMENT D
Page 2 of 12
TOWN OF AVON
DETAILED BUDGET REQUESTS
2018 Revised
Department:N/A
Program: Fleet and Heavy Equipment #811
2018
Account Revised
Number Account Name Justification Budget
EQUIPMENT REPLACEMENT:
Fleet and Heavy Equipment
Community Development Dept:
Building Inspector Vehicle - Replace #600 26,784$
Police Dept - Patrol:
Chevy Tahoes
Replace #340, 343, 350 145,514
Police Volunteer Service Officer Vehicle
Replace #337 31,843
Transit Dept:
Hybrid Vehicle - Replace #800 26,412
66501 Automobiles and Light Duty Trucks 230,553
Roads and Bridges:
Plow Truck w/ Wing (2017 Lease Purchase)
Replace #111 275,615
Streetsweeper - Replace #268 242,228
Excavator - Replace #118 47,498
66499 Other Machinery and Equipment 565,341
66000 Total Capital Outlay 795,894$
Fleet & Heavy Equip. to Auction in 2018:
#268 Tymco Streetsweeper (Trade-in)
#118 Bobcat Excavator (Trade-in)
#321 2004 Chevy Tahoe
#326 2005 Chevy Tahoe
#329 2007 Chevy Tahoe
#340 2011 Chevy Tahoe
#343 2012 Caprice
#350 2015 Chevy Tahoe (Totaled)
ATTACHMENT D
Page 3 of 12
TOWN OF AVON
DETAILED BUDGET REQUESTS
2019 Proposed
Department:N/A
Program: Fleet and Heavy Equipment #811
Account 2019
Proposed
Number Account Name Justification Budget
EQUIPMENT REPLACEMENT:
Fleet and Heavy Equipment
Police Dept - Patrol:
Chevy Tahoes
Replace #341, 342, 344, 345, 346, 347 300,000
Roads and Bridges:
Pickup w/ Plow - Replace #200 38,000
Recreation Dept:
Chevy Van - Replace #500 28,473
66501 Automobiles and Light Duty Trucks 366,473
Roads and Bridges:
Toolcat - Replace #288 78,000
Parks:
Toro Ground Master Utility Plower / Mower
Replace #202 53,250
Toro Workman HDX w/ Cab 28,500
Toro Workman GTX w/ Canopy 11,750
Washbay:
Hotsy Pressure Washer 10,000
66499 Other Machinery and Equipment 181,500
66000 Total Capital Outlay 547,973$
Fleet & Heavy Equip. to Auction in 2019:
#202 Toro Ground Master (Trade-in)
#288 Bobcat Toolcat (Trade-in)
#270 International 7400 Plow Truck
#332 2007 Chevy Tahoe
#341 2011 Chevy Tahoe
#342 2012 Chevy Tahoe
#344 2013 Chevy Tahoe
#345 2013 Chevy Tahoe
#346 2013 Chevy Tahoe
#347 2013 Chevy Tahoe
ATTACHMENT D
Page 4 of 12
TOWN OF AVON
DETAILED BUDGET REQUESTS
2018 Revised
Department:N/A
Program:Recreation Equipment #812
2018
Account Revised
Number Account Name Justification Budget
EQUIPMENT REPLACEMENT:
Recreation Center
Fitness:
Rowers (2)3,319$
Recumbent Bikes (3)14,756
Upright Bikes (3)13,440
Body Fat Analyzer 1,800
Incline Trainers (2)9,280
66407 Athletic and Recreational Equipment 42,595
66000 Total Capital Outlay 42,595$
ATTACHMENT D
Page 5 of 12
TOWN OF AVON
DETAILED BUDGET REQUESTS
2019 Proposed
Department:N/A
Program:Recreation Equipment #812
2019
Account Proposed
Number Account Name Justification Budget
EQUIPMENT REPLACEMENT:
Recreation Center
Fitness:
Stepmill (1)5,780$
Elliptical Machines (6)48,654
AMT (2)19,014
Treadmills (5)46,079
Technogym/Precor Circuit Weight Machines 77,470
Aquatics:
Starter Blocks 3,400
66407 Athletic and Recreational Equipment 200,397
66000 Total Capital Outlay 200,397$
ATTACHMENT D
Page 6 of 12
TOWN OF AVON
DETAILED BUDGET REQUESTS
2018 Revised
Department:N/A
Program:Computers and Office Equipment #813
2018
Account Revised
Number Account Name Justification Budget
EQUIPMENT REPLACEMENT:
Computers and Office Equipment
Information Systems:
Raritan KVM Switch Replacement 2,441$
2018 Network Switch Refresh 35,151
Datacenter SmartUPS 4,915
Switched Rack PDU 1,726
Engineering:
Large Format Copier, Printer, Scanner 9,995
66402 Computers and Peripherals 54,228
66000 Total Capital Outlay 54,228$
ATTACHMENT D
Page 7 of 12
TOWN OF AVON
DETAILED BUDGET REQUESTS
2019 Proposed
Department:N/A
Program:Computers and Office Equipment #813
2019
Account Proposed
Number Account Name Justification Budget
EQUIPMENT REPLACEMENT:
Computers and Office Equipment
Information Technology:
Switches:
ARTF Switches #1817, #1818, #1819 17,275$
ARC Switch #1836 4,846
Virtual Servers:
UCS C220 M4 - VM Host #1996 17,880
VM Host #1997 17,880
66402 Computers and Peripherals 57,881
66000 Total Capital Outlay 57,881$
ATTACHMENT D
Page 8 of 12
TOWN OF AVON
DETAILED BUDGET REQUESTS
2018 Revised
Department:N/A
Program:Machinery and Equipment #814
2018
Account Revised
Number Account Name Justification Budget
EQUIPMENT REPLACEMENT:
Machinery and Equipment
Parks Dept:
Lawn Mower 7,849
Field Paint Sprayer 4,869
66499 Other Machinery and Equipment 12,718
66000 Total Capital Outlay 12,718$
ATTACHMENT D
Page 9 of 12
TOWN OF AVON
DETAILED BUDGET REQUESTS
2019 Proposed
Department:N/A
Program:Machinery and Equipment #814
2019
Account Proposed
Number Account Name Justification Budget
EQUIPMENT REPLACEMENT:
Machinery and Equipment
Road and Bridge Dept:
Pavement Cutter - Replace #375 5,744$
Variable Message Sign 20,000
Parks Dept:
Lawn Mower 11,827
66499 Other Machinery and Equipment 37,571
66000 Total Capital Outlay 37,571$
ATTACHMENT D
Page 10 of 12
TOWN OF AVON
DETAILED BUDGET REQUESTS
2018 Revised
Department:N/A
Program:Heat Recovery #815
2018
Account Revised
Number Account Name Justification Budget
EQUIPMENT REPLACEMENT:
Heat Recovery
Buildings and Facilities:
Heat Recovery Computer Touchscreen 6,188$
66401 Computers and Peripherals 6,188
66000 Total Capital Outlay 6,188$
ATTACHMENT D
Page 11 of 12
TOWN OF AVON
DETAILED BUDGET REQUESTS
2019 Proposed
Department:N/A
Program:Heat Recovery #815
2019
Account Proposed
Number Account Name Justification Budget
EQUIPMENT REPLACEMENT:
Heat Recovery
Buildings and Facilities:
66499 Other Machinery and Equipment -
66000 Total Capital Outlay -$
ATTACHMENT D
Page 12 of 12
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ord. 18-18 Amending the Local Liquor Regulations
DATE: November 9, 2018
SUMMARY: Ordinance No. 18-18 is presented to Council on second and final reading. Ord. 18-18
would amend the Town’s local liquor licensing regulations to allow for administrative review and
approval of routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership,
(3) Modification of Managers, and (4) Special Event Permits for events already approved by the Town
Council. A common requirement for administrative approval is that the application is complete, there
is no criminal activity on the background and there are no liquor code violations. Administrative
approval for Special Events Permits is limited only to those events which the Avon Town Council has
approved on Town properties. Renewals and Special Event Permits require notice to be posted for
seven days and require the Town Clerk to accept comments and/or requests for a public hearing
before the Avon Town Council. In all cases, the Town Clerk has the discretion to refer the application
to the Avon Town Council. This Ordinance is likely to reduce the number of applications before the
Avon Town Council by more than half. The Town Clerk is required to report admistrative approvals
PROPOSED MOTION: “I move to approve first reading of Ordinance No. 18-18 Amending Chapter 5.08 –
Liquor Licenses of the Avon Municipal Code and refer Ordinance No. 18-18 to a public hearing on
November 13, 2018.”
Thank you, Eric
ATTACHMENT A: Ordinance No. 18-18
Ord. 18-18
November 13, 2018 FINAL
Page 1 of 4
TOWN OF AVON, COLORADO
ORDINANCE NO. 18-18
AMENDING CHAPTER 5.08 – LIQUOR LICENSES
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and
political subdivision of the State of Colorado (the “State”) organized and existing under a home
rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, the Town may enact local liquor license regulations which are not in conflict
with the Colorado Liquor Code; and
WHEREAS, the Town Council, as the local liquor license authority, desires to delegate review
and approval authority for certain routine liquor license applications to the Town Clerk to improve
administrative efficiency; and
WHEREAS, the Avon Town Council finds that amendments to Chapter 5.08 will promote
the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on First Reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendments to Chapter 5.08. Chapter 5.08 of the Avon Municipal Code is
hereby amended as follows:
A. Amendment to 5.08.140 – Renewal Applications. A new Subsection (f) to Section 5.08.140
is hereby enacted to read as follows:
(f) The Town Clerk may review and approve renewal applications without
conducting a public hearing provided that the (1) the Application is complete, (2)
there are no new liquor license violations during the last year, (3) there is no new
activity on the criminal background check, (4) there is no evidence that the premises
for which renewal is sought does not comply with the provisions of the Colorado
Liquor Code, and (5) there is no request for a public hearing before the Local Liquor
Licensing Authority. The Town Clerk shall publish notice of the renewal
ATTACHMENT A: ORD. NO. 18-18
Ord. 18-18
November 13, 2018 FINAL
Page 2 of 4
application at least seven days before taking action and such notice shall state that
comments may be submitted to the Town Clerk. The Town Clerk may refer any
renewal application to the Local Liquor Licensing Authority in the Town Clerk’s
sole discretion. Administrative approval of renewal applications shall be reported
to the Avon Town Council.
B. Amendment to 5.08.150 – Modification. A Subsections (b) and (c) to Section 5.08.150 are
hereby repealed and re-enacted in their entirety to read as follows:
(b) Similarly, to achieve a change in the ownership of a licensed outlet, the
applicant shall complete and submit all forms and material required by the State
Liquor Enforcement Division, a fee to the Town of five hundred dollars ($500.00)
for actual and necessary expenses incurred in connection with processing the
application, and such additional materials as may be required by the Town
Attorney, Town Clerk or Police Chief, as well as any information, testimony or
documents required by the Local Liquor Licensing Authority. If the licensee is a
corporation, any transfer of more than ten percent (10%) of the stock of the
corporation must be reported to the Town Clerk and the forms required by the State
Liquor Enforcement Division must be completed and submitted not less than ten
(10) days prior to such transfer. The Town Clerk may approve a change in
ownership if there is no criminal activity indicated on the criminal background
check. The Town Clerk may refer any ownership modification application to the
Local Liquor Licensing Authority in the Town Clerk’s sole discretion.
Administrative approval of modification of ownership applications shall be
reported to the Avon Town Council.
(c) When the licensee desires to change the manager of his or her establishment,
or, in the case of multiple managers, to add another manager, the prospective
manager must present himself or herself to the Town Police Chief for the taking of
fingerprints and the necessary background information, as well as the completion
of forms required by the Town Clerk or Police Chief. Additionally, a copy of the
written agreement under which the manager proposes to operate must be filed with
the Town Clerk and the State Liquor Enforcement Division. The Town Clerk may
approve a change in manager(s) if there is no criminal activity indicated on the
criminal background check. The Town Clerk may refer any manager modification
application to the Local Liquor Licensing Authority in the Town Clerk’s sole
discretion. Administrative approval of modification of manager applications shall
be reported to the Avon Town Council.
C. Amendment to 5.08.170 – Special Event Permits. Section 5.08.170 is hereby amended to
enact a new subsection (e) to read as follows:
(e) The Town Clerk may review and approve special event applications without
conducting a public hearing provided that the (1) the Application is complete, (2)
there are no liquor license violations during the last five years, (3) there is no there
is no criminal activity indicated on the criminal background check, (4) the special
ATTACHMENT A: ORD. NO. 18-18
Ord. 18-18
November 13, 2018 FINAL
Page 3 of 4
event permit application is for an event approved by the Avon Town Council on
Town property which indicated the time, date and location of the event, and (5)
there is no request for a public hearing before the Local Liquor Licensing Authority.
The Town Clerk shall publish notice of the special event permit application at least
seven days before taking action and such notice shall state that comments may be
submitted to the Town Clerk. The Town Clerk may refer any renewal application
to the Local Liquor Licensing Authority in the Town Clerk’s sole discretion.
Administrative approval of special event applications shall be reported to the Avon
Town Council.
Section 3. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
ATTACHMENT A: ORD. NO. 18-18
Ord. 18-18
November 13, 2018 FINAL
Page 4 of 4
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on October 23, 2018 and setting such public hearing for November 13, 2018 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on November 13, 2018.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT A: ORD. NO. 18-18
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: David McWilliams, Town Planner
Matt Pielsticker, Planning Director
Date: November 13, 2018
Topic: FIRST READING OF ORDINANCE 18-19, AMENDING SECTIONS OF TITLES 7, 10, AND 15
OF THE AVON MUNICIPAL CODE
ACTION BEFORE COUNCIL
Before Council is action on First Reading of Ordinance 18-19, amending sections of Titles 7, 10, and 15 of
the Avon Municipal Code.
RECOMMENDED MOTION
“I move to approve first reading of Ordinance 18-19, amendments to the Avon Municipal Code, setting
a public hearing date of January 8, 2019.”
BACKGROUND
Various code text amendments are proposed for Titles 7, 10, and 15 to “clean up” various items. The
changes are listed in bullet point in two PZC staff reports and decisions (Attachment A, organized by
date).
ATTACHMENTS:
(A) PZC decision and staff reports
(B) Ordinance 18-19
ATTACHMENT B
Staff Report – Code Text Amendment
September 18, 2018 Planning and Zoning Commission Meeting
Case #CTA18001
Staff Report Overview
This staff report contains one application for consideration by the Planning and Zoning
Commission (PZC): Code Text Amendment moving and modifying the Sign Code. Attachment
A corresponds to the new Sign Code, and Attachment B corresponds to the Development Review
Procedure, 7.16.XXX. Final chapter numbers have not yet been determined for these items.
Brief Summary of Changes
The sign code text amendment has been a long time in the making. The code has remained
largely unchanged since the mid-1980s. Now, with a more developed business and residential
profile, Avon needs a sign code that addresses more nuance and steers users into sign types that
are more harmonious with the desired town aesthetic. Changes to the sign code include:
• Move the sign code to Chapter 7 from Chapter 15. This links the application process with
more established standards (public noticing, variance, etc.)
• Application review types –Minor and Major Master Sign Program applications will create
an administrative approval for small changes
• Less subjectivity allows for more staff review of individual sign proposals
• Compliance with Gilbert case – The sign code no longer regulates content, thereby
complying with the 1st Amendment
• Provides regulations for many other sign types – auto, sandwich, projecting, canopy,
banners etc.
• Defined safety criteria and the types of applications that require building permits
Review Criteria
(1) The text amendment promotes the health, safety and general welfare of the Avon
community;
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes or implements the purposes stated in this Development
Code; or
Project type: Code Text Amendment Public Hearing: September 18, 2018 Location:
Prepared By:
Throughout Town
David McWilliams, Town Planner
ATTACHMENT B
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: Staff finds this amendment to be in compliance with the above review criteria.
Available Action
1. Continue Public Hearing, pending additional information.
2. Approve Findings of Fact and Record of Decision recommending that the Town
Council approve the application.
3. Approve Findings of Fact and Record of Decision recommending that the Town
Council deny the application.
Staff Recommendation
Staff recommends approval of the Record of Decision and Recommendation to Town Council,
with the following Findings:
1. The application is complete;
2. The application provides sufficient information to allow the reviewing authority to
determine that the development application complies with the relevant review criteria;
3. The code text amendments were reviewed in accordance with the criteria listed in
Section 7.16.040(c), Review Criteria, and are found to be in substantial compliance as
outlined in the staff report for the September 18, 2018 public hearing;
4. The code text amendments promote the health, safety, and general welfare of the Avon
Community;
5. The code text amendments are necessary to respond to changing conditions including
a more developed commercial core, and new planning practice resulting from the
Gilbert land use case.
6. The text amendment promotes and implements the goals and policies of the Avon
Comprehensive Plan; and
7. The text amendment promotes and implements the purposes stated in this Development
Code.
RECOMMENDED MOTION
“I move to recommend that the Avon Town Council approve Case #CTA18001, an application to
amend and update the Avon Municipal Code, Sign Code, with the Findings of Fact and Record of
Decision as presented by staff.”
Attachments
A. Sign Code
B. Development Review Procedures
ATTACHMENT B
ATTACHMENT B
October 16, 2018 Code Text Amendment Cleanups 1
Staff Report – Code Text Amendment
October 16, 2018 Planning and Zoning Commission Meeting
Case #CTA18002
STAFF REPORT OVERVIEW
This staff report contains one application for consideration by the Planning and Zoning
Commission (PZC): Code Text Amendment CTA18002 “cleaning up” various sections of
Chapter 7. Attachment A corresponds to all proposed changes, underlined in red to represent
additions, and struck out in red to represent deletions. Additionally, there are proposed
amendments that are not included in Chapter 7 and therefore do not meet the same review
procedures (PZC hearing); but are included in order to draft the final language for Town Council
Adoption.
BRIEF SUMMARY OF CHANGES
7.04.110 – Changes represent the elapsed time since the original Chapter 7 was codified.
7.08.010 – Changes to the “family” definition, as well as new definitions that correspond to
section 7.28.090(j)(B)(iv)
Table 7.16-1 – Inclusion of noticing requirements to the table for clarity of reading.
7.16.020 – Corresponding deletion of notice types so they are only in one location.
7.16.080 – Cleanup related to sign plans and of the appeal process.
7.16.160 – Clarifying the procedure for appeals.
7.20.060 – Properly enumerating lot size minimums.
7.20.090 – Correcting grammar.
7.28.090(e) – Clarifying building height regulations in Wildridge.
7.28.090(f) – Requiring more standards for design in Wildridge by including it in this section.
7.28.090(j)(4)(B)(iv) – Changing code to require form and not use on ground floors in the Town
Core.
10 – E-bicycle regulations.
Project type: Code Text Amendment
Public Hearing: October 16, 2018
Location:
Prepared By:
Throughout Town
David McWilliams, Town Planner
ATTACHMENT B
October 16, 2018 Code Text Amendment Cleanups 1
15.30 – Removal of the Avon Dark Sky Preservation Initiative and adoption time period.
CODE TEXT AMENDMENT REVIEW CRITERIA
The review procedures for this application are governed by the Development Code. According
to the AMC §7.16.040(c), Review Criteria, the PZC and Town Council shall use the following
review criteria as the basis for recommendations and decisions on applications to amend the text
of the Development Code:
(1) The text amendment promotes the health, safety and general welfare of the Avon
community;
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes or implements the purposes stated in the Development Code;
or
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: Staff finds that these amendments promote the general welfare of the
community, and better implements the goals of the Comprehensive Plan and Development code.
AVAILABLE ACTIONS
1. Continue the Public Hearing pending additional information.
2. Approve Findings of Fact and Record of Decision recommending that the Town Council
approve the application.
3. Approve Findings of Fact and Record of Decision recommending that the Town Council
deny the application.
RECOMMENDED MOTION
“I move to recommend that the Avon Town Council approve Case #CTA18002, an application
to amend and update the Avon Municipal Code, with the findings and fact and record of
recommendation attached as B to Staff’s report.”
ATTACHMENTS
A: Complete Code Text amendment proposal
B: Recommendation for Approval
ATTACHMENT B
Ord. 18-19 – Amending Avon Municipal Code
FIRST READING – November 13, 2018 Page 1 of 25
TOWN OF AVON ORDINANCE 18-19
APPROVING AMENDMENTS TO SECTIONS OF TITLE 7,
TITLE 10, AND TITLE 15 OF THE AVON MUNICIPAL CODE
RECITALS
WHEREAS, the Avon Town Council initiated a code text amendment application (“Application”) to amend the text of the Avon Development Code (“ADC”) in accordance with ADC §7.16.040; and
WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held public hearings on September
4, 2018, October 2, 2018, and October 16, 2018, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to
formulating a recommendation; and
WHEREAS, after conducting the noticed Public Hearings, PZC made the required findings to recommend approval of the Application to the Avon Town Council; and
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the
applicable review criteria for a Code Text Amendment and found the Application in compliance with the review criteria, and specifically finds that the Code Text Amendment is necessary or desirable to respond
to changed conditions, new planning concepts or other social or economic conditions, and promotes the health, safety and general welfare of the Avon community; and
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, pursuant to the home rule powers of the Town of Avon ("Town"), the Avon Town
Council has the power to adopt Health and Safety, and Building and Construction Codes, and make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote
the comfort, and convenience of its inhabitants; and
WHEREAS, the Avon Town Council finds that electronic bicycle regulations are necessary to respond to changed conditions and new mobility options; and
WHEREAS, the Avon Town Council finds that changes to the Sign Code provide clearer instruction
for staff and applicants, and help modernize the sign plan requirements in line with current aesthetic and safety standards; and
WHEREAS, the Avon Town Council held a public hearing on January 8, 2019 after posting notice as
required by law, considered all comments, testimony, evidence, Planning and Zoning Commission recommendations, and staff reports provided by staff prior to taking action on the Application; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Avon
Town Council desires to comply with state law, the Avon home rule charter and the ADC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the
application and that approval of this Ordinance on first reading does not constitute a representation that the Avon Town Council, or any member of the Avon Town Council, supports, approves, rejects, or denies the
proposed Application.
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
FIRST READING – November 13, 2018 Page 2 of 25
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Chapter 7.04.110 - Transitions to Avon Development Code is amended
to represent the elapsed time since the original Chapter 7 was codified, to read as follows, with strike-out
indicating language to be deleted and underline indicating language to be adopted:
“(a) Purpose. The purpose of this Section is to clarify the status of properties with pending applications
or recent approvals, as those terms are used below, and properties with outstanding violations, at the time
of the adoption of the Development Code.
(b) Effective Date. The provisions of the Development Code became effective on November 16, 2010.
Development plans approved under previous regulations that received vested property rights by approval
of the Town Council by ordinance shall be valid for the duration of that vested property right, provided that all terms and conditions of such vested right approval are followed. Existing legal uses that may become
nonconforming by adoption of this Development Code shall become legal nonconforming uses subject to the provisions of this Section.
(c) Violations Continue. Any violation of the previous Titles 16, Subdivision, and 17, Zoning, shall
continue to be a violation under the Development Code and shall be subject to the penalties and enforcement in this Chapter.
(d) Preliminary Subdivision and PUD Approvals. Preliminary subdivision and preliminary PUD
approvals granted prior to the effective date of the Development Code shall be considered as approved pursuant to the Development Code. Preliminary subdivision and PUD approvals granted under the previous
regulations shall be valid for two (2) years from the date of approval unless a vested right providing a longer
period was granted by the Town Council by ordinance. Extensions of preliminary subdivision plats and preliminary PUD plans may be granted in accordance with Subsection 7.16.020(h). Failure to obtain a final
plat or final planned unit development plan approval in the allowed time shall result in the expiration of the
preliminary plan. Applications for final subdivision plat and final planned unit development plan shall follow application submittal requirements and review procedures in this Development Code and shall be
subject to the standards and review criteria in this Development Code, provided that this Development Code shall not be so applied as to alter, impair, prevent, diminish, impose a moratorium on development or otherwise delay the development or use of a site specific development plan with vested property rights as
defined and approved by the Town.
(e) Future Subdivisions. Large tracts or blocks of land contained within a recorded subdivision that were intended or designed for resubdivision into smaller tracts, lots or building sites when originally
approved shall comply with all provisions of the Development Code.
(f) Projects With Final Approval. Development projects with final approval that are valid on
November 16, 2010, shall remain valid until their termination date. Projects with valid approvals or permits
may be completed in conformance to the development standards in effect at the time of approval.
(g) Active Building Permits. Any building or development for which a building permit was granted
prior to November 16, 2010, shall be allowed to proceed to construction under the regulations in place when
the building permit was issued. If the development for which the building permit is issued prior to November 16, 2010, fails to comply with the time frames for development established for the building
permit, the building permit shall expire and future development shall comply with the requirements of the
Development Code.
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
FIRST READING – November 13, 2018 Page 3 of 25
(h) Violations, Enforcement and Penalties. A use, structure or lot not lawfully existing at the time of the adoption of the Development Code is deemed lawful and conforming as of the effective date of the
Development Code if it conforms to all of the requirements of the Development Code. Payment shall be
required for any civil penalty assessed under the previous code, even if the original violation is no longer considered a violation under the Development Code.”
Section 3. Amendment to Chapter 7.08 - Definitions. The definition of Family is amended and
the definition of Retail-Ready and Transparency is added to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted:
“Family means an individual living alone or either of the following groups living together as a single
housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
(a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized
custodial relationship and not more than one (1) additional person; or
(b) Any unrelated group of persons consisting of: subject to the occupancy limitations of two (2) adults per bedroom and their children with up to eight (8) adults; or
1. Not more than four (4) persons;
2. Not more than two (2) unrelated adults and their children, and not more than one
(1) additional person, if any; or
(c) 3. Not more than eight (8) developmentally disabled persons and appropriate staff occupying a
dwelling unit and living as a single, nonprofit housekeeping unit.
Retail-Ready means space constructed at a minimum interior height of twelve (12) may be used for noncommercial uses and can be converted into retail/commercial use. The intent of retail-ready space is to
provide the flexibility of occupying a space in accordance with market demand and allowing the use in such
space to change to retail/ commercial uses accordingly. Such considerations for determining if a space is retail-ready include but are not limited to: independent ventilation; a concrete pad above the space;
placement of utilities; integrated trash storage facilities; and architectural features including terracing,
stepped back facade, or arcade design, prominent entrances, transoms, transparency, and bulkheads at the base.
Transparency means the use of doors and windows to establish scale, variation, and patterns on building
facades to provide visual interest and reflect the uses within the building.”
Section 4. Amendment to Table 7.16-1 - Development Review Procedures and Review Authority
is amended to include notice requirements and addition of the Sign Plan process as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted:
Procedure Notice Requirements*Director PZC TC
Comprehensive Plan Amendment
(§7.16.030) R H-R H-D
Code Text Amendment (§7.16.040) R H-R H-D
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Ord. 18-19 – Amending Avon Municipal Code
FIRST READING – November 13, 2018 Page 4 of 25
Rezoning (§7.16.050) M R H-R H-D
Planned Unit
Development (§7.16.060)
Administrative PUD D A
Minor PUD
Amendment M R H-R H-D
Lot Split PUD Amendment for
Wildridge PUD
M R H-R H-D
Major PUD Amendment M R H-R H-D
Preliminary PUD M R H-R H-D
Final PUD M R H H-D
Subdivision
(§7.16.070)
Administrative
Subdivision D A
Minor Subdivision D A
Preliminary Plan M R H-R H-D
Final Plan M R H-D
Development
Plan (§7.16.080)
Minor D or R H-D A
Major R H-D A
Major in Town Core R H-R H-D
Design Review (§7.16.090) D or R H-R or
H-D
H-D or
A
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
FIRST READING – November 13, 2018 Page 5 of 25
Special Review Use (§7.16.100) M R H-D A
Variance (§7.16.110) M R H-D A
Alternative Equivalent Compliance
(§7.16.120) R R-D or
R
A or R-
D
Right-of-way Vacation (§7.16.130) M R H-D
Vested Property Right (§7.16.040) M R H-R H-D
Location, Character and Extent (§7.16.150) R H-D A
Sign Plan
(§7.16.160)
Minor D or R H-D A
Major R H-D A
Annexation (§7.36) R H-R H-D
Appeal (§7.16.1670) H-D
Annexation (§7.36) M R H-R H-D
1041 Permit (§7.40) R H-R H-D
Historic and/or Cultural Preservation
Designated (§7.50) H-D
*All Public Hearings require published notice, per 7.16.020(d) R = Review/Recommendations H = Public Hearing D = Decision A = Appeal
M=Mailed Notice
Section 5. Amendment to Section 7.16.020 - General procedures and requirements subsection (d)
Step 4: Notice (2) Mailed Notice, is amended to read as follows, with strike-out indicating language to be
deleted and underline indicating language to be adopted:
“(2) Mailed Notice. For procedures that require mailed notice, notice shall be sent by first-class mail to
all real property owners within three hundred (300) feet of the property which is the subject of a development application, as measured from the boundary of the property. If a property within three hundred (300) feet that requires notification is a condominium project, notice may be mailed to the managing agent,
registered agent or any member of the board of directors of the project. Mailed notice shall be postmarked at least eleven (11) days prior to the meeting. Mailed notice shall be sent by the Town at the applicant's expense. The Eagle County Assessor's records may be used to determine the addresses of real property
owners. The Town shall include a certificate of mailing in the public record. Mailed notice shall be required
ATTACHMENT A
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FIRST READING – November 13, 2018 Page 6 of 25
for annexation, major subdivision, planned unit development, special review use, rezoning, right-of-way vacation, variance and vested property right applications as noted in Table 7.16-1.”
Section 6. Amendment to Section 7.16.080 – Development plan. subsection (e) Review Authority
(2) Minor Development Plan is hereby amended to clarify the appeal process and to enact new Sign Plans
to read as follows with strike-out indicating language to be deleted and underline indicating language to
be adopted:
“Minor Development Plan. The Director shall review and render decisions on all minor development plan
and minor sign plan applications. The decision of the Director may be appealed to the Town Council PZC
pursuant to Section 7.16.160, Appeal. The Director may refer to the PZC any development plan application that the Director determines warrants review by the PZC.”
Section 7. Amendment to Section 7.16.160 – Appeal. is amended to be the last section of 7.16, to
read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted.
“7.16.170160 - Appeal.”
Section 8. Amendment to Section 7.16.170 – Appeal., sub-section (e) Decision. is amended to read
as follows, with strike-out indicating language to be deleted:
“The Town Council shall, in writing, confirm, modify or reverse the decision within thirty-five (35) days of holding the public hearing on the appeal. Any decision by the Town Council that results in action
modifying or reversing the decision of a Town body or officer shall describe the specific reasons for the
modification or reversal. Action of the Town Council shall become final immediately. Failure of the Town Council to act within the forty (40) additional days shall be deemed action confirming the decision
unless the applicant consents to an additional time extension.”
Section 9. Addition of Section 7.16.160 – Sign Code to read as follows, with underline indicating
language to be added:
“7.16.160 – Sign Plan.
The purpose of the sign plan review process is to ensure compliance with the sign design standards and
provisions of this Development Code. It is designed to encourage quality signs reflective of the goals,
policies and objectives of the Comprehensive Plan.
(a) Applicability. A sign plan shall be required for all new signs and any modification to an existing sign
or comprehensive sign program.
(b) Sign Plan Categories. Categories of sign plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure:
(1) Master Sign Program.
i. Major sign plans include all new master sign programs, and modifications to master sign programs
that substantially change the location, size, or other critical elements of allowed signs on the
property.
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FIRST READING – November 13, 2018 Page 7 of 25
ii. Minor Sign Program Plans include modifications to a master sign program that do not substantially change the location, size, or other critical elements of allowed signs on the property, as determined
by the director.
(2) Minor sign plans include the following:
i. New tenant signs.
ii. Residential entrance signs and wall signs.
iii. All other sign types requiring administrative review.
(c) Review Procedures. The general review procedures described in Section 7.16.020, General procedures
and requirements, shall apply to development plan applications. Specific additions and modifications to the
general review procedures are identified below.
(d) Notice and Hearing. PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Notice of the public hearing shall be published and
posted in accordance with Subsection 7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The Director shall not
conduct a public hearing for administrative review and decision on development plan applications.
(e) Review Authority. The review authority for a development plan application shall be determined by the
category.
(1) Major Master Sign Plan. The Director shall review and provide a recommendation to the PZC on all major master sign plan applications. The PZC shall render the final decision on a major sign plan. The
decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.160, Appeal.
(2) Minor Sign Plan. The Director shall review and render decisions on all minor sign plan applications. The decision of the Director may be appealed to the Town Council pursuant to Section 7.16.160, Appeal.
The Director may refer to the PZC any sign plan application that the Director determines warrants review
by the PZC.
(f) Review Criteria. The following review criteria shall be considered as the basis for a decision on sign
plan applications:
1. Evidence of substantial compliance with the purpose of the Sign Code as specified in Section 7.32(A) Sign Code Purposes;
2. The suitability of the improvement, including materials with which the sign is to be constructed
and the site upon which it is to be located;
3. The nature of adjacent and neighboring improvements;
4. The quality of the materials to be utilized in any proposed improvement;
5. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property;
6. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired;
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
FIRST READING – November 13, 2018 Page 8 of 25
7. Whether the type, height, size and/or quantity of signs generally complies with the sign code or sign program, and are appropriate for the project;
8. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is
appropriate for the determined orientation.
(g) Expiration. A sign plan approval expires pursuant to Subsection 7.16.020(h).
(h) Revocation. Approved sign plan documents shall be binding upon the applicants and their successors
and assigns. No sign production shall take place that is not in accord with the approved documents or any approved modifications thereto. No other element of approved sign review documents shall be eliminated,
altered or provided in another manner unless an amended sign plan is approved. Any deviation from the
approved sign plan as approved shall be grounds for revocation of the sign plan approval.”
Section 10. Amendment to Table 7.20-2 – Dimensions for the Residential Duplex District. is
amended to include notice requirements and addition of the Sign Plan process follows, with strike-out
indicating language to be deleted and underline indicating language to be adopted.
Max.
Density (units/ acre)
Min. Lot
Size (acres or sq. ft.)
Min. Lot Widt
h (feet)
Max. Lot
Coverage (%)
Min.
Landscape Area (%)
Min. FrontSetbac
k (feet)
Min. Side Setbac
k (feet)
Min. Rear Setbac
k (feet)
Max. Building
Height (feet)
Max.
Units/Building
7.5
10,89011,61
6 sq. ft. (5,445 5808
per
unit)
40 50 25 25 7.5 10 35 2 principal
[1]
[1] Accessory dwelling units are permitted on lots with a single-family structure as a special review use
pursuant to Section 7.16.100,
Special Review Use.
Section 11. Amendment to Section 7.28.090 – Design Standards. subsection (e) Design Standards
for the Wildridge Subdivision (2) Building Height on Steep Slopes is amended to clarify building height
regulations in Wildridge to read as follows, with underline indicating language to be adopted:
“(2) Building Height on Steep Slopes. Determining building height on steep slopes has frequently resulted in three-story walls on the downhill side that create an overbearing presence on properties below.
Therefore, the visual impact of building height and massing on lots with steep slopes shall be reduced by
articulating the building facades and creating proportional stories in a multi-story building. (3) Building height will be reduced for buildings or portions of buildings with flat roofs as follows:
(A) Four-to-twelve (4:12) roof slopes or greater: thirty-five (35) feet.
(B) Less than a four-to-twelve (4:12) roof slope: thirty (30) feet.”
Section 12. Amendment to Section 7.28.090 – Design Standards. subsection (f) Single-Family and
Duplex Design Standards in all other Subdivisions is amended to include all subdivisions in the standards, including Wildridge, to read as follows, with strike-out indicating language to be deleted:
(f) Single-Family and Duplex Design Standards in all other Subdivisions.
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Section 13. Amendment to Section 7.28.090 –Design Standards. subsection (j) Mixed-Use and
Nonresidential Design Standards subsection (4) Building Layout and Design (iv) Mixed-Use Buildings in
Town Core is amended to require more form-based development to read as follows, with strike-out
indicating language to be deleted and underline indicating language to be adopted:
“To encourage appropriate commercial and mixed-use development in the Town Core, any all portions of
a new mixed-used building with street frontage floor area located on E. Beaver Creek Boulevard, Lettuce
Shed Lane, Benchmark Road or Main Street must be determined to be retail-ready. occupied by retail, personal service and restaurant uses, as listed in Table 7.24-1. All ground-floor commercial space must be
at least twelve (12) feet in height as measured from finished floor elevation to finished ceiling.”
Section 14. Adoption of the Sign Code as Section 7.16.160. added to read as follows, with underline indicating language to be adopted
(a) “Statement of Purpose
The purpose of this Sign Code is to:
(1) Coordinate the type, placement, and physical dimensions of signs.
(2) Preserve the right of constitutionally protected free expression, which may be displayed on signs.
(3) Encourage the innovative use of design.
(4) Promote high quality and weather resistant signs that are properly maintained over time and renovated
when necessary.
(5) Maintain the mountain town character of the community through the use of signs that are
aesthetically pleasing, of appropriate scale, and harmonious with the built scale.
(6) Guarantee equal treatment through accurate record keeping and fair and consistent enforcement.
(7) Provide a reasonable balance between the right of an individual to identify a business or express a
message, and the right of the public to be protected against the visual discord resulting from the
unrestricted proliferation of signs and similar devices.
(8) Permit signage that advances and conforms with the policies of the Comprehensive Plan.
(b) Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
Aggregate sign area means the total sum of the area of all signs on the building or property, except
those signs that are exempt from the review requirements of this Chapter.
Animated sign means signs that use movement or change of lighting to depict action or create a special
effect or scene.
Awning sign means a sign painted on, printed on, or attached flat against the surface of a shelter, which
projects from and is supported by the exterior wall of a building, and which is constructed of non-rigid materials.
Banner means a sign made of fabric or any non-rigid material, typically having no enclosing or supporting framework.
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Building Façade means the entire outer surface of an exterior wall of a building, including windows and parapets.
Building front means the horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall or other circulation area open to the public and has either a main window display
or a primary entrance to the building. For the purposes of this Chapter, a building shall be considered
to have up to two (2) building fronts as the property upon which it is situated has lot fronts.
Cabinet sign means a sign that contains all the text and/or logo symbols on the display face of an
enclosed cabinet.
Canopy sign means a sign that is mounted on a permanently roofed shelter covering a sidewalk, building entrance or other similar area, which shelter may be wholly or partially supported by a building, columns, poles, or braces extended from the ground.
Changeable copy sign means a sign on which the copy can be changed manually, or by electronic or
mechanical devices, such as electrical or electronic time and temperature units, or digital displays.
Changeable copy signs shall be classified as permanent signs.
Clearance (of a sign) means the smallest vertical distance between the grade of the adjacent street
or sidewalk, and the lowest point of any sign, including framework and embellishments, extending over the grade.
Community Development Department means that department designated by the Town Council responsible for approving applications for sign installations and who is responsible for enforcement
of the provisions of this Chapter.
Construction sign means a temporary sign located on a parcel of property, on which construction
activities of any type are being actively performed.
Copy means the wording on a sign surface in either permanent or removable letter form.
Digital Display or Electronic Message Center means a sign that contains changing messages or
images composed of electronically illuminated segments and/or a series of grid lights, including cathode ray, LED, plasma, LCD, fiber optic, or other electronic media or technology.
Directional/informational sign means a sign located within five (5) feet of an entrance or exit to a lot, for any building on the lot, or for parking for the lot.
Double-faced sign means a sign with two (2) faces, if not parallel then with an interior angle of not
greater than ninety degrees (90º).
Drive-through sign means a permanent sign located along a drive-through lane.
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Event sign means a temporary sign allowed as part of an approved event permit, on a parcel subject to the terms of such event permit.
Exempt sign means a sign expressly designated as exempt from the sign approval requirements under this Chapter.
Flag means any fabric or similar lightweight material typically attached to a staff or pole, which is intended to be permanently affixed to the ground or attached to a building.
Flashing sign means a sign that contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs or signs
that, through reflection or other means, create an illusion of flashing or intermittent light.
Freestanding sign means a sign affixed to a supporting structure, imbedded in and extending from
the ground and detached from a building. The term includes pole sign, pedestal sign, monument sign, and ground sign.
Government sign means a sign erected, installed, or maintained by the Federal, State, County, or local government for any purpose, including without limitation traffic direction, or a sign located on a
building owned by the Federal, State, County, or local government.
Height (of a sign) means the vertical distance measured from the existing grade (at the time of sign
application) below the sign to the uppermost point of the sign or sign structure, whichever is
higher.
Illegal sign means a sign which does not meet the requirements of this Code, and which has not been
designated as “legally nonconforming”.
Illuminated sign means a sign with an artificial light source incorporated internally or externally for
the purpose of illuminating the sign.
Interactive storefront sign means a digital sign oriented and designed to interact with pedestrians passing along the adjacent sidewalk.
Legal Nonconforming sign means a nonconforming sign designated as “legally nonconforming” under Section (K) of this Chapter.
Maintenance means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic design, location, or structure of the sign.
Marquee means a permanent roof-like structure or canopy of rigid materials supported by, and extending from, the facade of a building.
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Marquee sign means any sign attached to or supported by a marquee structure.
Master Sign program means a comprehensive, narrative description of allowed sign types, and scaled drawings of any building, lot, parcel, collection of parcels or other premises, showing the number,
size, description, color, materials and location of all signs thereon. It is used to create standard sign
design guidelines for projects with multiple buildings or tenants.
Multi-faced means any sign having more than two (2) faces.
Multiple business building means a building designed for occupation by two (2) or more businesses,
where each business is structurally separated from the others and has its own entrance, either
exterior or interior.
Off-premises sign means a commercial sign that does not pertain to the use of the premises on
which it is located.
On-premises sign means a sign that pertains to the use of the premises on which it is located.
Owner means the owner of the property on which a sign is located. The property owner is presumed to
be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to
the attention of the Community Development Department.
Painted wall sign means any sign that is applied with paint or similar substance on the face of a wall.
Permanent sign means any sign that is permanently affixed or attached to the ground or to any structure.
Portable sign means any sign designed to be moved easily, and not permanently affixed to the ground or to a structure or building.
Private warning sign means an owner-erected sign designed to warn others of specific dangers or
prohibitions on the property.
Project development sign means a temporary sign located at the site of a development project that has
received Development Plan approval from the Town.
Projecting sign means a sign, other than a wall sign, which is attached to and projects perpendicularly
from a building wall a distance of twelve (12) inches or more, or is attached to any other structure in
like manner, which structure was not designed for the sole support of the sign.
Reflective surface means any material or device that has the effect of intensifying reflected light, such
as Scotchlight, Day-Glo, glass beads and luminous paint.
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Roof sign means a sign that is erected upon, over, or on top of any portion of the roof of a building.
Rotating sign means a sign in which the sign itself, or any portion of the sign, moves in a revolving
manner. Such motion does not refer to methods of changing copy.
Sandwich board sign means a sign with two (2) faces attached at the top and open at the bottom so that
the structure forms a wedge and is self-supporting; also knows as ‘A-frame sign’.
Sign means any object, device, display, structure, or fixture involving graphics, colors, symbols,
written copy, or illumination designed for the purpose of advertising, identifying, or providing information about an establishment, a business, a service, an activity, or an organization.
Sign, area of means the entire surface area of a sign, as determined by the Town, including its facing, copy, symbols, electronic displays, background, and borders, but not including the
supporting structure or decorative roofing, provided that there is no written copy on such structures.
Sign backing means any sign that is displayed upon, against, or through any material, color surface, or
backing that forms an integral part of such display and differentiates the total display from the
background against which it is placed. Conversely, a sign without backing is any word, letter, emblem, insignia, figure, or similar character, or group thereof, that is neither backed by,
incorporated in, nor otherwise made a part of any larger display area.
Sign structure means any structure that supports, has supported, or is capable of supporting a sign.
Single business building means a structure or lot containing one (1) business or several related
businesses under any form of ownership. If two (2) or more businesses are located in a structure or
on a lot, use the same entrance and are not physically separated by walls, they shall constitute one (1) business for the purposes of this Article.
Snipe sign means a sign or poster affixed to a tree, fence or any object within a public street or right-of-
way.
Statuary sign means any sign that is a three-dimensional, sculptured, or molded representation of an
animate or inanimate object.
Temporary sign means a sign or display that is designed for short-term use, and that is not intended to be permanently attached to a building wall or permanently installed in the ground. Temporary Signs
are signs allowed for a limited time under this Article.
Under canopy sign means a sign suspended beneath a canopy, ceiling, roof, or marquee.
Vehicular sign means a sign directly placed, affixed, or painted on a motor vehicle or trailer.
Walking sign means a commercial sign that is, or is intended to be, held by, attached, or affixed on a person.
Wall sign means a sign attached parallel to and extending not more than twelve (12) inches from the wall
of a building. This definition includes painted, individual letter, cabinet signs, and signs on a marquee or canopy.
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Wind-driven sign means a sign consisting of one (1) or a series of two (2) or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons, or other objects or material fastened in
such a manner as to move, upon being subjected to pressure by wind or breeze.
Window sign means a sign applied, attached to a window or door, or located within thirty-six (36) inches of the interior surface of a window that is visible and/or legible from the outside.
(c) Sign Area Calculation. (1) Measuring Sign Area. When the surface area of a sign consists of a conventional geometric
shape, such as a rectangle or an oval, the accepted mathematical formula for calculating area shall
be used in determining the sign area.
(2) Irregular Geometric Shapes. If a sign consists of a geometric shape without an accepted
mathematical formula for calculating area, the sign area shall be calculated by enclosing the sign within a rectangle or the closest conventional geometric shape, with a maximum of three (3)
enclosing shapes.
(3) Projecting and Freestanding signs. The area of such signs shall have only one (1) face (the larger one) counted of each double-faced sign in calculating the area, provided that any one (1) interior
angle formed by the planes of the sign faces does not exceed ninety degrees (90º). The sign area of a multi-faced sign shall be calculated by adding the area of all sign faces excepting one (1). If
the area of the sign faces differs, the smallest sign face will be the one excluded from the
calculation. The area shall be the sum of the areas of each module or cabinet, including any framing, trim, or molding.
(4) Individual Letters or Symbols. If a sign is composed of individual letters or symbols using the
wall as the background (signs without backing), the sign area shall be calculated by enclosing each word and/or symbol within a rectangle, or the closest conventional geometric shape, with a
maximum of three (3) enclosing shapes. The combined area of the shapes shall be considered the
total sign area.
(d) Permitted Signs Generally.
The following signs are permitted subject to obtaining the required sign plan approvals, unless it is
specifically stated below that the sign is exempt from review requirements:
(1) Commemorative signs, cornerstones, and plaques not exceeding two (2) square feet (exempt).
(2) Construction Signs, which must be removed on or before the date of issuance of a certificate
of occupancy for the project (exempt).
(3) Directional/informational signs of six (6) square feet or less each or as indicated on an approved
Master Sign Program (exempt).
(4) Event signs, as part of an approved event permit.
(5) Flags, not exceeding fifty (50) square feet in area, and no flagpole may be higher than thirty-five
(35) feet in all zone districts except residential zones, in which the maximum height shall be twenty-five (25) feet (exempt). A maximum of two (2) flags per property.
(6) Freestanding signs.
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(7) Government signs (exempt).
(8) Gravestones (exempt).
(9) Holiday displays and decorations (exempt).
(10) Private warning signs (exempt).
(11) Signs showing underground or public utilities (exempt).
(12) Wall Signs.
(13) Window Signs (exempt).
(14) Required street address signs six (6) square feet and smaller are exempt from the aggregate sign
area. (15) Project development signs: The sign administrator may issue approval for a development sign
meeting these criteria: i. Not exceed an aggregate of sixteen (16) square feet and eight (8) feet in height.
ii. Not exceed two (2) signs per development project.
iii. Shall be removed if a construction sign is erected or if the project is no longer in the planning approval process.
iv. In no case shall a sign be retained for more than two (2) years.
(e) General requirements.
(1) No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs without a valid contractor license issued by the Town.
(2) Maintenance, installation, and placement standards.
i. All persons involved in the maintenance, installation, alteration, or relocation of signs near or upon any public right-of-way or property shall agree to hold harmless and indemnify the
Town, its officers, agents, and employees against any and all claims of negligence resulting
from such work insofar as the Chapter has not specifically directed the placement of a sign.
ii. Unless this Chapter imposes a greater restriction, the requirements for clearances and placement of signs on a building shall comply with the adopted International Building Code
(IBC) Codes and local amendments.
iii. Wall signs, marquee signs, and canopy signs may be placed on any wall as appropriate. In no case, other than as part of an approved Master Sign Program, shall any more than two
(2) wall-mounted signs be placed on any one (1) building facade. Wall signs may not interrupt
any architectural feature.
iv. Signs are not subject to the setback requirements of the zone district where they are located,
provided that no sign, or part of the sign, shall project beyond a property line. No
freestanding sign may be located where it impairs the visibility for motor vehicles. A sight triangle shall be established in which no sign is erected in a manner that limits or obstructs the
sight distance of motorists. Adjacent parcel owners may request to erect a common sign
structure on their common lot lines if written agreement is presented as evidence to the Town,
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and the Town further agrees to such plan. No sign shall interfere with or obstruct sidewalks, multi-use trails, utilities, snow storage areas, or drainage facilities.
v. Projecting signs shall not project over six (6) feet from the face of the building.
vi. All signs shall be properly maintained. Exposed surfaces shall be clean and painted as paint is
required. Defective parts shall be replaced. Faded plastics shall be replaced. The sign code
administrator shall have the authority to order repairs or repainting as necessary.
vii. Permanent signs and sign structures shall be constructed by a professional sign manufacturer
or be of similar professional quality. Metal sign components shall be noncorrosive or coated
with suitable paint to prevent corrosion. Permanent signs shall be fabricated on materials that are of good quality, durable, and weather- resistant.
viii. Temporary signs shall be durable, weather-resistant, and fastened or anchored adequately.
Temporary signs employing plywood as a substrate shall be of medium-density overlay plywood and shall show no signs of cracking or peeling on the painted surfaces. Lightweight
fabrics or similar materials shall be mounted securely to a rigid surface.
ix. A freestanding sign erected at the edge of a parking area or adjacent to a traffic lane shall have a barrier at the base to prevent collision between motor vehicles and the sign.
x. No wall-mounted, projecting, marquee, awning, or canopy sign shall be located above the
ceiling of the second story of a building.
xi. Signs shall be readable, with letters large enough to be legible, and with adequate contrast between the letters and the background.
(3) Sign Materials. Signs shall use quality materials, including but not limited to natural stone,
anodized metal, routed or sandblasted wood, such as rough cedar or redwood; interior-lit, individual Plexiglas-faced letters; or three-dimensional individual letters with or without indirect
lighting.
(4) Landscaping. Landscaping is required for all freestanding signs, and should be designed to enhance the signage and surrounding building landscaping.
(5) Lighting. Lighting shall be of no greater wattage than is necessary to make the sign visible at
night, and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon tubing, should not be directly visible to passing pedestrians or vehicles, and should be
concealed in such a manner that direct light does not shine in a disturbing manner. Internally lit signs shall not be illuminated when the business is closed.
(6) Location. On multi-story buildings, individual business signs shall be limited to the ground level.
(7) Vehicular signs. Vehicular signs are exempt from review and are allowed if all of the following
criteria are satisfied:
i. The vehicle is operable and has a current valid registration;
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ii. The sign is permanently or directly applied to the vehicle itself;
iii. Vehicles with signs permanently or directly applied must be normally and regularly used for
the transport of persons, goods or services, or be in the service of a municipal, county,
state, or federal agency; and
iv. Vehicles with signs must be parked or stored in areas designated for parking or vehicle
storage, and must not obstruct site circulation.
(8) Digital Displays, Electronic Message Centers, and electronic changeable copy signs. Auto- oriented electronic messages, images, and/or changeable copy signs are permitted along arterial streets, provided that they meet the following criteria:
i. Such signs shall be equipped with automatic dimmers, which shall be programmed to not exceed three tenths (.3) footcandles over ambient light levels.
ii. Signs shall not cause distractions to drivers with moving images or similar effects.
(9) Interactive storefront sign are allowed for ground floor commercial uses in the Town Center zone
district, subject to the following regulations:
i. Interactive storefronts must be designed, installed, and maintained to function as a computer-generated interactive display that responds to the physical activity of engaged
pedestrians passing along the adjacent sidewalk.
ii. Signs shall be placed on the interior of a pedestrian oriented display window. iii. Messages displayed on interactive storefronts must be oriented towards pedestrians, and not
passing motorists.
iv. Interactive storefront signs count towards the calculation of maximum allowable window display area, Section (g)(3)(iii).
v. The dimensional maximum of an interactive sign is three square feet or a 28-inch monitor.
(f) Regulations in Residential Zoned Districts.
(1) Residential project entrance signs. Residential project entrance signs are permitted as follows:
i. One (1) sign, located adjacent to the primary entrance, not to exceed thirty-two (32) square
feet in area and eight (8) feet in height;
ii. One (1) sign per secondary entrance, not to exceed sixteen (16) square feet in area and eight (8) feet in height.
iii. One (1) wall sign is permitted per street frontage in the RH district. Total aggregate sign
area of wall signs for shall not exceed twelve (12) square feet per front, or twenty-four (24) square feet per development.
(2) One (1) construction sign shall be permitted for single family and duplex residences not to exceed six (6) square feet. Multi-family developments shall be permitted a maximum of two (2)
construction signs per development site, not to exceed an aggregate sign area of twelve (12)
square feet.
(3) Each property shall be allowed an additional aggregate sign area of twelve (12) square feet of
temporary freestanding signage. Such signage is limited to four (4) feet in height, and a time period not to exceed forty-five (45) days per year. The time period set forth in this Section shall
not apply to any sign placed on a parcel of real property, which is actively listed for sale, as evidenced by such parcel’s listing in a multiple listing service or other real estate listing service.
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(g) Regulations in Mixed-use and Commercial Lots.
(1) Individual business lot sign. Sign or signs shall not exceed one (1) square foot of sign area per
lineal foot of building front.
(2) Multiple business lot signs. Total sign area shall not exceed one (1) square foot per lineal foot of
building front for the first thirty-two (32) feet and one-third (1/3) square foot per lineal foot of building front in excess of thirty-two (32) square feet. Total building or project identification sign
area shall not exceed a maximum of sixty-four (64) square feet per lot front.
(3) Generally applicable sign requirements
i. Multiple signs. More than one (1) sign is be permitted, provided the total sign area does not exceed the total allowed for the lot or building.
ii. Each property shall be allowed an additional aggregate sign area of twelve (12) square feet of temporary freestanding signage. Such signage is limited to four (4) feet in height, a
maximum of four (4) signs per property at any one time, and a time period not to exceed
forty-five (45) days per year. The time period set forth in this Section shall not apply to any sign placed on a parcel of real property, which is actively listed for sale, as evidenced by
such parcel’s listing in a multiple listing service or other real estate listing service.
iii. Window Signs shall not exceed twenty-five (25%) of the area of the window onto which they are attached. All window signs must be on the interior surface of the window. Window
signs are exempt from the approval requirements, and do not count towards the aggregate
sign area.
iv. A maximum of two (2) construction signs shall be permitted for each construction project not to exceed an aggregate sign area of sixteen (16) square feet.
v. Portable sandwich board signs are permitted only in the Town Core, provided that all of the following criteria are met:
(A) Sandwich board signs must have a well-maintained appearance, and shall not exceed
three (3) feet in width or three (3) feet in height.
(B) Only one (1) sandwich board sign is permitted per business or organization.
(C) Sandwich board signs must be located within five (5) feet of the building entrance, or
the building area occupied by the entity posting the sandwich board sign.
(D) Sandwich board signs shall only be posted during business hours, or the operating
hours of the entity posting the sign.
(E) Sandwich board signs shall not obstruct pedestrian walkways or parking areas, and shall not result in non-compliance with the Americans with Disabilities Act (ADA).
(h) Master Sign Programs. (1) The purpose of a Master Sign Program is to establish a common theme amongst signs on a
building or development project to create visual harmony between the signs, and other design
elements on the property.
(2) Master Sign Programs are encouraged for all properties and are required as a part of the design review process for all proposed projects.
i. The owner, builder, or developer of a building designed for single use shall present to the
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Community Development Department a Master Sign Program showing proposed locations of all signs.
ii. Multi-business buildings. The owner, builder, or developer of a building designed for
occupation by two (2) or more businesses under separate ownership shall present to the Community Development Department a Master Sign Program showing proposed sign locations, types, and methods of allocating sign area allowances to tenants' use.
(3) Master Sign Programs shall be in accordance with:
i. The Master Sign Program will demonstrate coordinated signage by maintaining a certain
uniformity of appearance through the consistent application of three (3) out of the six (6) following elements: color, size, shape, materials, mounting, or lighting. All proposed
locations of freestanding signs and building directories shall be shown.
ii. Master Sign Program changes or proposals may not be made without HOA or owner
approval.
iii. All Master Sign Programs shall be in written and plan form.
(A) Program Statement shall include: height off the ground, the locations, types,
(freestanding, projecting, etc.) illumination, sizes (square footage) of each sign according to the corresponding building face, and any additional information as
determined by the sign administrator.
(B) Drawn plans shall include:
(1) Site plan showing dimensions, colors, materials, copy, illumination, and required
landscaping for all freestanding signs.
(2) Program elevation showing locations, overall and letter/figure dimensions, colors, materials, proposed copy, illumination, and anchoring of each sign on the
building.
(3) Perspective, Sketch-up, or other type of rendering.
(4) Any additional information as determined by the sign code administrator.
iv. Master Sign Programs may include sign examples with wording, colors, materials, etc. to
further define the program requirements.
v. Master Sign Programs may include limitations on wording, colors, design, lighting, materials, and other restrictions.
vi. Proposed signs, not in accordance with the property' approved Master Sign Program, will
only be considered by the Planning and Zoning Commission upon receipt of written evidence that the proposed sign is acceptable to the owners of the building or the owners'
association. Non-complying signs must:
(A) Demonstrate compliance with purpose statements of this Chapter; and (B) Be found to enhance and generally modernize the site.
(i) Prohibited signs.
The following signs, unless otherwise stated herein, are prohibited:
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(1) A sign that is structurally unsafe, unsanitary, or hazardous to the safety or health of any person.
(2) Signs imitating or resembling official traffic or government signs or signals, or signs creating
an unsafe distraction for motor vehicle operators.
(3) Signs that are in disrepair, damaged, dilapidated, inadequately maintained, or components of signs which do not function as intended – as determined by the sign code administrator.
(4) Moving, animated, revolving, rotating, or reflective signs.
(5) Signs that obstruct the view of motor vehicle operators entering a public roadway from any parking
area, service drive, private driveway, alley, or other thoroughfare; or which obstruct free ingress to
or egress from a required entrance or exit way.
(6) Nonconforming Signs, except legal nonconforming signs.
(7) Neon, other gas-filled, or LED light tubes.
(8) Banners, except as described below:
i. Temporary banners as allowed as part of an approved event permit.
ii. Temporary banners allowed under the following procedure: the owner or operator of a business or organization may apply to the Town for a temporary banner for display up to
thirteen (13) weeks per calendar year, for two (2) week intervals. Maximum banner size is thirty-two (32) square feet. Banners shall be in good condition, without rips or tears, and
all corners shall be attached to a building or a projection of a building. A business or
organization may hang no more than one (1) banner at a time.
(9) Signs erected on public rights-of-way, except government signs.
(10) Wind-driven signs, air-activated graphics, or inflatable signs.
(11) Signs that utilize or incorporate searchlights.
(12) Signs mounted on the roof of a building, above canopies or eaves, or extending above the
uppermost edge of a parapet wall.
(13) Walking signs, human signs, signs incorporating live animals, or sign spinners.
(14) Signs with auditory messages or sounds.
(15) Snipe or poster signs, including signs fastened to trees, fences, utility poles, public benches,
streetlights, or placed on any public property or public right-of-way.
(16) Portable wheeled signs and portable message center signs.
(17) Billboards or Off Premises signs.
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(18) Festoons, freestanding blade signs, inflatable signs, or teardrop flags of any shape.
(19) Statuary signs, except those proposed as part of a building sign, and whose area does not exceed fifty percent (50%) of the area of the sign.
(20) Projected image signs or signs with projected copy.
(21) Signs with lights or illuminations that flash, scintillate, blink, flicker, vary in intensity, or vary in color.
(22) Freestanding signs supported by a singular pole or post.
(23) Under-canopy or hanging signs that extend beyond the edge of the canopy or roof from which
they are suspended.
(24) Back-lit awning signs.
(25) Internally illuminated cabinet signs are prohibited except for those which use a non-opaque
material and punch-through letters so only the letters are illuminated.
(j) Safety standards.
(1) Freestanding or projecting signs and sign structures shall be engineered to withstand the
minimum wind and snow load requirements of the adopted building codes. A building permit and associated engineering data sufficient to prove the reliability of the structure and the
foundation shall be submitted for signs over ten (10) feet in height and/or forty (40) square feet
in area.
(2) Signs in danger of falling down, or which become insecure, or otherwise represent an unsafe
condition shall constitute a violation under the provisions of this Chapter, and shall be
removed or corrected by the sign owner.
(3) Electrical wiring for energizing an electrical sign shall be underground in the case of
freestanding and behind the sign cabinet in the case of wall or projecting signs.
(4) All freestanding signs shall be self-supporting, erected on or permanently attached to a
concrete foundation. Signs mounted on marquees or projecting signs shall be engineered such that no guy wires are needed for support, other than the sign structure itself. Wall signs shall
be mounted on the wall of the building.
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(5) Anchors and supports shall be guarded and protected when near driveways, parking lots, or
similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal
anchors, bolts, or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by an unbraced parapet wall.
(k) Legal nonconforming signs.
(1) An existing sign which does not conform to the provisions of this Chapter may be eligible for
the designation of legal nonconforming, provided that the sign code administrator determines that such sign is properly maintained according to all applicable legal requirements, does not
in any way endanger the public, and was covered by a valid permit or variance or complied
with all previously applicable laws.
(2) A sign may lose this designation if the sign is relocated or replaced, or the structure or size of
the sign is altered in any way, other than normal maintenance. If the sign suffers more than fifty percent (50%) appraised damage or deterioration from fire, wind or other cause except
vandalism, it must be brought into compliance with this Chapter. If the sign is remodeled,
moved, or copy or text is changed under new ownership, or was never erected in accordance with any code in force at the time, the sign shall be removed or brought into compliance with
this Chapter.
(3) The Town Council may condemn a nonconforming sign. Recommendations for condemnation
may be made by the Planning and Zoning Commission;
(4) By amortization. The right to continue to use or operate a nonconforming sign shall terminate five (5) years after the effective date of the ordinance codified in this Chapter or the
annexation of the area in which the sign is located to the Town.”
Section 15. Amendment to Section 10.08.010 – Definitions. is amended to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted:
“For the purposes of this Chapter, the words and phrases set forth in this Section shall have the following
meanings:
ELECTRIC ASSISTED BICYCLE: A vehicle having three wheels or less, fully operable pedals, and an
electric motor not exceeding seven hundred fifty (750) watts of power rating, and conforming to one of
three classes as follows: A. "Class 1 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that
provides assistance only when the rider is pedaling and that ceases to provide assistance when the
bicycle reaches a speed of twenty (20) miles per hour. B. "Class 2 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that
provides assistance regardless of whether the rider is pedaling but ceases to provide assistance
when the bicycle reaches a speed of twenty (20) miles per hour. C. "Class 3 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that
provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour.
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Motorized vehicle means any device, except for electric assisted bicycle, which by means of any motor or engine, whether assisted by human effort or not, operates or is capable of being operated in such a manner
as to propel itself and/or its operator across or upon land, water, ice or snow, and includes, but is not
limited to: all trucks, vans, automobiles, cars, dune buggies, motorcycles, motorscooters, mopeds, snowmobiles, boats, jet-skis, airboats or hydrofoils.
Restricted use area means all land and property, however owned, for which persons cited under the terms and provisions of this Chapter have not received permission from the owner or agent for the owner of said
property, to engage in the act or acts for which said person was cited, and such permission, in order to
constitute a defense to said citation, must have been given prior to the date on which such property owner or agent complained of such acts. Further, all property belonging to the Town shall also be considered
restricted use area and all land zoned OLD, PRM, SPG or GPEH according to the official zone district
map of the Town, regardless of ownership, shall be considered restricted use area. Roads, streets, alleys, highways, parking lots and parking structures, regardless of ownership, shall not be considered restricted
use area.”
Section 16. Amendment to Section 10.08.020. – Prohibited Acts. is amended to read as follows, with
underline indicating language to be adopted:
“No person shall park, drive, pilot or in any manner operate any motorized vehicle, as defined in Section
10.08.010, upon or across any restricted use area within the Town. Neither shall any person be a
passenger upon, on or in any motorized vehicle or upon, on or in any conveyance parked, drawn, pulled, pushed or otherwise propelled by any motorized vehicle within the Town.
Bicycle and Pedestrian Paths: A person may operate a Class 1 or Class 2 electric assisted bicycle,
with the motor activated, on any bicycle and pedestrian path in the Town, other than a bicycle and pedestrian path in any of the prohibited areas set forth below. Class 3 electric assisted bicycles are
prohibited on all bicycle and pedestrian paths.
Prohibited Areas: It is unlawful for a person to operate an electric assisted bicycle with the motor
activated in or on the following: 1. Children's playgrounds; 2. Turf areas or soft-surface trails;
3. Natural/unimproved areas; or 4. Sidewalks that are not part of a designated bicycle and pedestrian path.”
Section 17. Amendment to Section 10.32.060 – Motorized bicycles. is amended to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted:
“10.32.060 - Mopeds Motorized bicycles.
An operator of a moped motorized bicycle shall possess a valid driver's license. Mopeds motorized bicycles may be operated in bicycle lanes included within roadways. No moped motorized bicycle
may be operated on any sidewalk, pathway or upon any public lands unless such operation is
specifically designated.”
Section 18. Section 15.28 – Sign Code. This Chapter is hereby repealed in its entirety and removed
from Chapter 15: Buildings and Construction.
Section 19. Amendment to Section 15.30.010 – Intent and Purpose. is amended to read as follows,
with strike-out indicating language to be deleted:
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
FIRST READING – November 13, 2018 Page 24 of 25
“(c) In order to determine the effectiveness of this Chapter, staff shall develop and implement the "Avon Dark Sky Preservation Initiative" program to measure observable lumen counts at fixed points on the
valley floor. Baseline monitoring shall take place on an annual basis, and five (5) years after the
implementation of the ordinance codified herein, the findings shall be presented to the Planning and Zoning Commission and the Town Council to determine whether or not the intent and goals of this
Chapter are being satisfied.”
Section 20. Amendment to Section 15.30.030 – Applicability. is amended to read as follows, with strike-out indicating language to be deleted:
“The lighting standards of this Chapter shall be applicable to all exterior lighting within the Town. All
exterior lighting installed after the effective date of the ordinance codified herein shall conform to the standards established by this Chapter. All existing lighting installed before the effective date of the
ordinance codified herein shall be brought into conformance with this Chapter. within five (5) years from
the date of adoption of the ordinance codified herein, or by November 17, 2009.“
Section 21. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is
authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted
regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and
grammatical errors.
Section 22. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one
of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision”
means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or
construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 23. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 24. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained.
Section 25. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with
Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on November 13, 2018 and setting such public hearing for January 8, 2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado.
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
FIRST READING – November 13, 2018 Page 25 of 25
[EXECUTION PAGE FOLLOWS]
BY: ATTEST:
____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on January 8, 2019.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT A
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Preston Neill, Deputy Town Manager
Date: November 13, 2018
Topic: FIRST READING ORDINANCE 18-20, ENACTING CHAPTER 2.40 – EVENTS COMMISSION
ACTION BEFORE COUNCIL:
Council is asked to take action on First Reading of Ordinance 18-20 enacting Chapter 2.40 of Title 2 of
the Avon Municipal Code establishing an Events Commission.
PROPOSED MOTION:
“I move to approve [with or without modifications] First Reading of Ordinance 18-20, thereby enacting
Chapter 2.40 of Title 2 of the Avon Municipal Code establishing an Events Commission.”
BACKGROUND:
At the Town Council work session held on September 21, 2016, direction was given to create an Ad Hoc
Special Events Committee (AHSEC). After a lengthy solicitation period, initial appointment of
committee membership took place on January 10, 2017. In November 2017, the AHSEC made a formal
recommendation to the Town Council that the AHSEC remain an Ad Hoc Committee for the 2018
calendar year, with not less than seven members, and transition to a standing committee in February
2019. On January 9, 2018, Council, by motion and vote, appointed the following persons to the AHSEC
for an appointment term of February 1, 2018 through January 31, 2019: Bobby Bank, Tom Butz, Pedro
Campos, Chris Cofelice, Mac Garnsey, Derek George, Timothy Haley, Lisa Mattis, Kathy Ryan and Ruth
Stanley. Subsequently, Mac Garnsey and Derek George resigned from the Committee, bringing current
membership to eight.
Ordinance 18-20, which is attached for Council’s review and consideration, has been prepared to
follow-through on direction from last January to establish a permanent Events Commission. With First
Reading on November 13th and Second Reading scheduled for December 11th, the Ordinance would
take effect in mid-January. If approved, staff plans to post a solicitation for interested persons in mid-
December and interviews and appointments would be scheduled for the second meeting in January or
first meeting in February.
The Avon Home Rule Charter requires that Commissions be established by ordinance, and expressly
states that no member of the Council can be on any permanent Commissions. The AHSEC has
recommended, and staff concurs, that the Events Commission be made up of seven members. It is
Council’s prerogative to increase or decrease membership.
The attached Ordinance identifies that the term of office for each member shall be two (2) years on an
overlapping tenure. During initial appointment of Event Commission membership, it will be necessary
for Council to appoint staggered terms. In addition, the Ordinance details the following purposes and
duties of the Events Commission:
• To provide advice concerning the implementation of the Cultural Plan for the Town of Avon, as
may be amended from time to time;
• To review, research and provide guidance and advice on event programming in the Town of
Avon;
• To review applications for Town funding allocated for events and provide recommendations to
the Avon Town Council, and to develop applications forms and procedures and review criteria
related to such funding applications;
• To conduct surveys and prepare reports related to special events as appropriate and as
directed by Council;
• To attend joint meetings with the Avon Town Council to review past, present and future
events, review and evaluate implementation of the Cultural Plan, review annual appropriations
to support events, and to review policies, procedures and practices for events and the EC; and,
• To perform such other tasks related to special events in or near Avon as the Avon Town
Council may direct.
ATTACHMENT:
Ordinance 18-20
Ord. 18-20 Nov. 13, 2018 First Reading Page 1 of 3
TOWN OF AVON, COLORADO ORDINANCE 18-20
ENACTING CHAPTER 2.40 – EVENTS COMMISSION
WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and
political subdivision of the State of Colorado (the “State”) organized and existing under a home
rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, Section 11.2 of the Home Rule Charter for the Town of Avon allows the Town
Council to create commissions by ordinance; and
WHEREAS, the Town Council finds that the Ad Hoc Special Events Committee has provided
valuable and important review, research and advisory functions with regard to special event
planning and programming for the Avon community; and
WHEREAS, the Town Council finds that special events promote the local community and
character of Avon as well as promote the local economy and that the establishment of a permanent
special events commission will promote the health, safety and general welfare of the Avon
community; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on First Reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Enactment of Chapter 2.40. Chapter 2.40 Special Events Commission of the Avon Municipal Code is hereby enacted to read as attached as Exhibit A: Chapter 2.40 Special
Events Commission.
Section 3. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Ord. 18-20 Nov. 13, 2018 First Reading Page 2 of 3
Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
Ord. 18-20 Nov. 13, 2018 First Reading Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on November 13, 2018 and setting such public hearing for December 11, 2018 at the
Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on December 11, 2018.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
EXHIBIT A: CHAPTER 2.40 – EVENTS COMMISSION 2.40.010. Establishment, Purpose and Duties. There is hereby established an Events Commission (“EC”) of the Town. The purposes and duties of the Events Commission are as follows:
(a) To provide advice concerning the implementation of the Cultural Plan for the Town of Avon, as may be amended from time to time;
(b) To review, research and provide guidance and advice on event programming in the Town of Avon;
(c) To review applications for Town funding allocated for events and provide recommendations to the Avon Town Council, and to develop applications forms and procedures and review criteria related to such funding applications;
(d) To conduct surveys and prepare reports related to special events as appropriate and as directed by Council;
(e) To attend joint meetings with the Avon Town Council to review past, present and future events, review and evaluate implementation of the Cultural Plan, review annual appropriations to support events, and to review policies, procedures and practices for events and the EC; and,
(f) To perform such other tasks related to special events in or near Avon as the Avon Town Council may direct.
2.40.020. Membership. The EC shall be composed of seven (7) members appointed by Council.
2.40.030. Qualification of Members. Registered electors in the Town of Avon and owners or representatives of an existing business with a physical location and address in the Town of Avon shall be eligible for appointment.
2.40.040. Appointments. Appointments shall be made by Council in January, or as soon as thereafter as possible, after posting notice to solicit interested persons. Council shall appoint to the EC four (4) persons in odd numbered years and three (3) persons in even numbered years.
2.40.050. Quorum. Four (4) members of the EC shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time or date. In the absence of all members, any staff member may adjourn any meeting to a later time or date.
2.40.060. Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the EC 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 EC member continues to reside in the County. A member of the EC may be removed by Council pursuant to Subsection 2.04.080 Removal from Office, below.
2.40.070. Vacancies. A vacancy on the EC shall occur whenever a member of the EC 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 meet the qualifications of the EC and is not permitted by Council to serve until the end of the existing term or is convicted of a felony. 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 after posting notice of such vacancy to solicit interest from qualified persons.
2.40.080. Removal from Office. Any member of the EC 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 EC member stating the grounds for removal at least three (3) days prior to the hearing.
2.40.090. Officers. The EC shall select its own chairperson and vice-chairperson. 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.
2.40.0100. Compensation. All members of the EC shall serve with compensation at a rate established annually by the Council and shall be reimbursed for all authorized personal expenses incurred while performing duties as a EC member.
2.40.0110. Staff. The Town Manager shall designate Town staff to serve as the staff of the EC and shall provide for the service of a recording secretary who shall act in the capacity of secretary for the EC for the purpose of receiving applications and other material for consideration for the EC.
2.40.0120. Rules and Regulations. The EC 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 EC 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 EC or disapprove the proposal with directions for revision and resubmission. The rules shall incorporate and comply with the Colorado Open Meetings Law, Colorado Open Records Act, and the Colorado Municipal Records Retention Schedule. 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 EC may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations.
2.40.0130. Meetings. The EC shall meet in accordance with the rules of procedure governing the EC 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.
2.40.0140. Appropriation Authority. The EC shall not have authority to appropriate or spend Town of Avon funds. The EC may provide recommendations to the Events Manager, Town Manager and/or Avon Town Council with regard to the annual budget for special events, expenditures related to the annual applications in response to the special events request for proposal, Town staff support for special events and capital improvements related to events.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: November 13, 2018
Consent Topic: EXTENSION OF MAJOR DESIGN AND DEVELOPMENT PLAN, AND ALTERNATIVE
EQUIVALENT COMPLIANCE APPROVALS FOR AVON HOTEL ON LOT B, AVON CENTER AT
BEAVER CREEK SUBDIVISION
ACTION BEFORE COUNCIL
Before Council is action to extend the Major Design and Development Plan and Alternative Equivalent
Compliance applications (collectively the “Development Approvals”) for the Avon Hotel project,
originally approved by the Avon Town Council on December 13, 2016.
RECOMMENDED ACTION
Approve the Consent Agenda, thereby approving a one‐year extension to the Development Approvals
for Avon Hotel on Lot B, Avon Center at Beaver Creek Subdivision, now to expire on December 18,
2019. Recommended motion to document this action:
“I move to approve a one‐year extension to the Development Approvals (ATTACHMENT A) for Avon Hotel
on Lot B, Avon Center at Beaver Creek Subdivision, together with the findings and conditions
documented in the December 6, 2016 Findings of Fact and Record of Decision, now set to expire
December 13, 2019.”
SUMMARY
The Community Development Department received a written request (ATTACHMENT B) for an
extension to the Design and Development Plan approval for the Avon Hotel project. As documented
in the request, the project continues to progress and is expected to commence next spring. Requests
for extension are granted by the reviewing authority who originally acted. The Council may approve
multiple time extensions or extensions for periods greater than one year at their sole discretion.
There are no review criteria for this type of request and as mentioned, the Town Council may consider
any pertinent factors when considering the extension. Staff has evaluated this request and finds no
reason to not grant and extend the Development Approvals. As outlined in the applicant’s letter, the
subject property contains numerous legacy agreements.
OPTIONS
Approve the Consent Agenda, thereby approving the extension request.
Remove from Consent Agenda for discussion.
Deny the request.
ATTACHMENTS
A – Development Approvals
B –
https://avonco-my.sharepoint.com/:b:/g/personal/mpielsticker_avon_org/Edq2MfpOMpNDrKJWo9cfEfMBRWwKXzsOoyS0C3ipsCjAaA?e=dLsGry
Extension Request letter, dated October 11, 2018
11 October, 2018
The Honorable Jennie Fancher, Mayor of the Town of Avon
and Members of the Town of Avon Town Council
100 Mikaela Way
PO Box 975
Avon, CO 81620
RE: Request for Extension of Application Approval – Lot B, Avon Center at Beaver Creek Subdivision
Dear Mayor Fancher and Members of the Town Council,
On December 13, 2016, the Town of Avon Town Council approved the Major Development Plan for the
Avon Hotel on Lot B, Avon Center at Beaver Creek Subdivision. Per Section 7.16.020(g) of the
Development Code, this approval will expire on December 13, 2018. This letter requests a one (1) year
extension of this approval as provided for in the Development Code.
As was discussed during the approval process, development of Lot B is extremely difficult due to the
extensive legacy agreements that exist in connection with the property. These agreements include
requirements and restrictions on parking; easements which are essential to constructing the project; and
rights to shared amenities such as the recreation center, entryways, and drive aisles. The development
team is excited to note that we have made substantial progress toward finalizing all of the required
documentation and anticipates breaking ground on the project as early as possible in the spring. This
requested extension will allow us the time to complete the construction drawings and permitting required
to begin construction. Progress made over the period since the application was approved has included:
In July, 2017, the property was purchased by Treadstone Development LLC.
Multiple agreements have been drafted and reviewed by the parties including major agreements
with Avon Center/Lodge at Avon:
o Amendment to the 1999 Agreement to Adjust Property Boundaries
o Easements for surface parking and installation of a temporary ramp to maintain access to
the Lodge at Avon underground garage throughout construction
o Easements for construction of the recreation center on the concrete deck area adjacent to
Lodge at Avon (Lots 2 and 3)
o A party wall agreement to govern areas where the new construction will be contiguous to
existing structures.
o Agreements regarding the operation and maintenance of the recreation center
o Agreements detailing the process for construction staging and access during construction
o Terminations of various legacy agreements that no longer apply.
Drafting of the Parking Management Plan which was required by the 2016 Findings of Fact
Approval of a Minor Development Application to modify the entry to the project
Resolution of title issues that have existed on the lot for the past several decades
ATTACHMENT B
…2
We are excited about the progress that has been made on the project to date and look forward to moving it
toward completion. Our immediate next steps are to:
1.Finalize the underwriting for the project based on completion of the above documentation
2.Finalize the selection of the franchise partner for the project
3.Completion of construction drawings including minor changes that may be required
4.Application for the building permit
Please let me know if you need additional information regarding our plans. We look forward to working
with the Town of Avon to begin construction of this project. Thank you in advance for your time and
consideration.
Sincerely,
Keith Hampton
Managing Member
Avon Beaver Creek Hotel LLC
CC: Matt Pielsticker
ATTACHMENT B
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Nelly Burns, Senior Accountant
Meeting Date: November 13, 2018
Topic: APPROVAL OF RESOLUTION 18-20, CERTIFICATION OF DELINQUENT TAXES TO THE COUNTY
TREASURER
ACTION BEFORE COUNCIL
Before Council is Resolution 18-20 which details delinquent charges to be certified and collected by the
Eagle County Treasurer.
RECOMMENDED MOTION
“I move to approve Resolution 18-20, certifying past due accounts to be collected on the Eagle County
Tax rolls.”
BACKGROUND
On November 27, 2017, 2% real estate transfer tax was due on the purchase of 511 Metcalf Rd, #J30,
Avon Colorado. A letter was sent out to the owner of the property on February 7,2018, notifying them
of the past due amount of $7,763.40 and describing the process that would occur if payment was not
remitted, which included placing a lien for the original amount due plus penalty, interest, and fees. On
April 18, 2018, a payment of $6,810 was received which equaled the 2% tax but did not include the
penalty or interest. As set forth in Section 3.12.090 of the Avon Municipal Code, failure to pay the tax
when due shall cause a penalty of ten percent (10%) of the amount of tax due and interest at the rate
of one percent (1%) per month to be assessed. The penalty is still due along with interest which as
accrued for 12 months and can now be certified to the County for collection on their tax rolls.
ATTACHMENT
Resolution 18-20
TOWN OF AVON
RESOLUTION 18-20
CERTIFYING DELIQUENT CHARGES FOR COLLECTION
BY THE EAGLE COUNTY TREASURER
WHEREAS, the Town of Avon (the “Town”) may take action pursuant to Avon Municipal
Code (“AMC”) Section 15.04.040(f) to abate unsafe conditions if not abated by the property
owner and recover the costs of any such abatement and may impose an interest rate of eighteen
percent (18%) per year on all amounts due to the Town;
WHEREAS, the Town Council of the Town of Avon, Colorado imposes a Real Property
Transfer Tax in the amount of 2% of the consideration on the conveyance of property within the
Town of Avon. Under Avon Municipal Code Section 3.12.090, failure to pay the tax when due
shall cause a penalty of ten percent (10%) of the amount of tax due and interest at the rate of one
percent (1%) per month to be assessed; and
WHEREAS, the Town under C.R.S. §31-20-105 may certify delinquent charges levied to the
Eagle County Treasurer for collection in the same manner as taxes are collected; and,
WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution
will promote the health, safety and general welfare of the Avon community.
NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon,
Colorado that the following property is hereby declared to be in default for failure to pay this tax
when due and is hereby certified to the County Treasurer for collection:
1. 511 Metcalf Rd, #J30, Avon CO 81620. The total amount due is more fully described in
Exhibit A.
ADOPTED AND APPROVED by the Avon Town Council, on November 13, 2018.
By: ______________________________ Attest: ________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Preston Neill, Deputy Town Manager
Date: November 13, 2018
Topic: Review and Action on CC4CA Policy Agenda
ACTION BEFORE COUNCIL:
Council is asked to review and take action on the Colorado Communities for Climate Action (CC4CA)
Policy Agenda.
RECOMMENDED MOTION:
“I move to support the CC4CA Policy Agenda 2018-2019.”
SUMMARY:
At the September 25, 2018 Council meeting, Council provided direction to staff to add funding in the
amount of $5,000 to the 2019 proposed budget for CC4CA base membership. CC4CA is a coalition of
local governments that advocates for state and federal policies to protect Colorado’s climate for
current and future generations.
One of the requirements of membership is that each member must support the CC4CA policy agenda.
While formal affirmation by each member’s governing body is not a requirement, it is highly
encouraged. The coalition’s Steering Committee updates the policy agenda annually. The 2018-2019
policy agenda is attached for Council consideration.
Another requirement is for each member to appoint at least one representative to the CC4CA Steering
Committee. Council is slated to make appointments to various boards, committees and authorities,
including CC4CA, at the January 8th Council meeting.
ATTACHMENT:
CC4CA Policy Agenda 2018-2019
CC4CA Policy Agenda 2018-2019
Colorado Communities for Climate Action is a coalition of local governments
advocating for policies that protect Colorado’s climate for current and future
generations. CC4CA’s policy priorities for 2018-2019 reflect unanimous agreement
among the coalition members on steps that should be taken at the state and federal
level, often in partnership with local governments, to enable Colorado and its
communities to lead in protecting the climate. These steps would complement the
strong local climate actions CC4CA members already have underway.
General Policy Principles
These general principles guide the specific policies for which Colorado Communities
for Climate Action advocates:
CC4CA supports collaboration between state and federal government agencies and
Colorado’s local governments to advance local climate protection.
CC4CA supports state and federal programs to reduce carbon pollution, including
adequate and ongoing funding of those programs.
CC4CA supports analyses, financial incentives, and enabling policies for the
development and deployment of clean energy technologies.
CC4CA supports locally driven, locally designed programs to support communities
impacted by the clean energy transformation.
Policy Positions
Colorado Communities for Climate Action supports the following policy positions:
Local Climate Programs
1. Supports state-level actions to remove barriers and promote opportunities
that allow counties and municipalities to maximize the deployment of local
clean energy options.
The deployment of local energy generation and technology will continue to be a
critical component of Colorado communities’ climate efforts. In many cases,
regulatory or legislative limitations exist that will need to be removed for
communities to fully explore new local program options and technologies that can
effectively reduce fossil fuel use, increase energy resilience, and support community
values related to climate protection. For example, the integration of local renewable
energy, storage technologies, and microgrids all support a local jurisdiction’s ability
to address the supply side of energy-related emissions.
2
2. Supports requiring local governments with adopted building codes to
include the most current or appropriate International Energy Conservation
Code, or provisions substantially similar to it, in their building codes and to
develop a process for updating the energy code on a regular basis.
More than 40 percent of the energy consumed in the United States is tied to the use
of buildings. Building codes, consequently, are among the most powerful tools
available for reducing carbon pollution (and, not incidentally, saving money in both
residential and commercial buildings). For instance, the Southwest Energy
Efficiency Project estimates the incremental cost for constructing a new home to
meet the 2015 IECC versus the 2006 IECC is about $2,400; with annual energy
savings of $390, this efficiency upgrade results in a six-year simple payback.
While some jurisdictions across Colorado are keeping up with changes to the
International Energy Conservation Code, many communities have not done so.
CC4CA supports the adoption of the most current IECC or amendments to older
codes that have comparable energy efficiency and consumption impacts.
3. Supports state government actions to enable local governments to obtain
the energy use and other data they need to effectively address climate change.
Local governments need convenient and consistent access to data that is essential
for developing and administering local programs that address clean and efficient
energy and reductions in heat-trapping emissions. For example, access to uniform
data from electric and gas utilities is critical for implementing building energy use
disclosure and benchmarking programs designed to make sure building owners,
tenants, and others can be fully informed about energy performance. Local
governments also struggle to get consistent data regarding waste collection and
disposal, oil and gas operations, and other sources of heat-trapping emissions.
CC4CA supports state government actions and policies that lead to uniform systems
for collection and distribution of data from investor-owned and public utilities that
is easily accessible to local governments, while still protective of data privacy for
residents and businesses.
State Climate-Specific Programs
4. Supports statutory codification of aggressive and enforceable goals to
reduce net statewide heat-trapping emissions, including the goal of reducing
emissions by more than 26 percent by 2025, compared to 2005 levels, as
established by Governor John Hickenlooper through executive order, and
including a further goal of reducing emissions by at least 80 percent by 2050,
compared to 2005 levels.
In July 2017, Governor Hickenlooper issued Executive Order D 2017-015. Among
other provisions, it set an official state goal of reducing statewide carbon pollution
3
by more than 26 percent by 2025, compared to 2005 levels. CC4CA applauded the
governor for his action, which provides an essential framework for shaping climate
protection actions in Colorado. Meeting this goal would mean that Colorado
achieved its share of the national commitment the United States made under the
Paris Agreement.
CC4CA also supports an additional goal of reducing emissions by at least 80 percent
by 2050, building on the goal established in 2008 by then-governor Bill Ritter, Jr. in
Executive Order D 004 08. Meeting this goal would mean that Colorado achieved its
share of the global emission reductions scientists say must be achieved or exceeded
to protect the climate from dangerous human interference.
CC4CA supports the codification of the state’s emission reduction goals in statute, as
other states have done, so that they remain the cornerstone of state climate
protection actions over time, including following transitions from one governor to
another.
5. Supports legislative, regulatory, and administrative actions by the Colorado
state government to achieve the state’s emission reduction goals and to
implement the Colorado Climate Plan, and requests an opportunity for
meaningful, sustained engagement by CC4CA in developing those specific
steps.
In order to meet the emission reduction goals established by Governor
Hickenlooper and to implement the governor’s 2015 Colorado Climate Plan, the
state will need to take additional action. The Colorado Climate Plan is a high-level
overview document of state actions for adapting to future climate change impacts
and reducing carbon pollution. CC4CA believes it essential that the state government
provide an opportunity for meaningful, sustained collaboration with local
governments in developing specific climate actions tied to this climate plan, and
proposes that representatives of CC4CA be included in that process. Following the
July 2017 release of Governor Hickenlooper’s executive order, CC4CA initiated a
letter to the governor through which 75 local elected officials expressed support for
the executive order and its goals and stated their readiness and willingness to help
his administration shape and implement concrete, measurable actions that will be
needed to meet these goals.
6. Supports the development of a new forecast of future heat-trapping
emissions reflecting Colorado laws and Colorado-specific information by the
Colorado Department of Public Health and Environment, with input from local
government and other stakeholders.
The “Colorado Greenhouse Gas Inventory: 2014 Update Including Projections to
2020 & 2030,” prepared by the Colorado Department of Public Health and
Environment, includes a forecast of statewide emissions that utilizes federal
Environmental Protection Agency nationwide assumptions about future emissions
4
policies. As a result, the inventory does not reflect currently adopted Colorado laws
and policies, such as our Renewable Energy Standard. Without this information, it is
impossible to ascertain what progress Colorado is making (or not) in its effort to
reduce carbon pollution. CC4CA in July 2017 sent a letter to CDPHE recommending
the development of a new Colorado inventory of greenhouse gas emissions that
incorporates existing Colorado law and policy in order to more accurately track the
state’s progress in achieving its emissions reduction goals, and will continue
working for that action.
7. Supports a comprehensive market-based policy to reduce Colorado’s heat-
trapping emissions.
Climate change is considered a market failure by economists because it imposes
huge costs on society—so-called external costs—that are not normally reflected in
the prices of the goods and services causing the cost. To overcome this market
failure, CC4CA supports an effort to internalize the costs by putting a price on heat-
trapping emissions and allowing that price to help drive emission reductions. Such a
market-based approach could be undertaken at national, regional, or state levels,
and could take different forms. One approach would be a tax on greenhouse gas
emissions. Another would be a cap-and-trade program that allows trading of limited
emission rights that are sold and then could be traded to achieve economically
efficient emission reductions. Examples include the Regional Greenhouse Gas
Initiative covering ten northeastern U.S. states and California’s statewide cap-and-
trade program.
Electricity Generation
8. Supports concrete state government actions to reduce emissions from the
electricity sector in Colorado by at least 25 percent by 2025 and at least 35
percent by 2030, compared to 2012 levels, consistent with the goals
established by Governor John Hickenlooper through executive order.
Executive Order D 2017-015 established new state goals for reducing emissions
from the electricity sector that are consistent with what Colorado was considering
to comply with the U.S. Environmental Protection Agency’s Clean Power Plan under
the Obama administration. CC4CA believes that greater emission reductions are
possible than called for in the executive order and that further reductions are
needed into mid-century, especially given the more ambitious targets that Xcel
Energy has identified as achievable in its Colorado Energy Plan currently under
consideration by the Public Utilities Commission. CC4CA supports concrete actions
by the Colorado Public Utilities Commission and the Colorado Department of Public
Health and Environment to ensure that we achieve and exceed these goals.
9. Supports the accelerated retirement of existing fossil fuel based generation
facilities and their replacement with cost-effective and reliable clean energy
supplies, through means that protect both utilities and consumers.
5
CC4CA supports actions in Colorado to enable the early retirement of fossil fuel-
based power plants and their replacement with clean energy sources, while
protecting the economic interests of both the utilities owning the power plants and
electricity customers.
CC4CA has previously supported legislation to allow refinancing of older, less
efficient power plants, by way of ratepayer-backed bonding, that could make it
possible to retire those plants in favor of newer, cleaner sources while protecting
the economic interests of both utilities and consumers. In August 2017, Xcel Energy
and more than a dozen other entities (including the City of Boulder, a CC4CA
member) announced an agreement to seek approval from the Public Utilities
Commission of a proposal to retire two old, coal-fired generators at the Comanche
power plant in Pueblo, to be replaced with newer energy sources with lower (or no)
heat-trapping emissions. The coalition said the proposal is predicated on the cost of
the new energy sources meeting or beating the current cost of power from the
power plants to be retired.
Across the nation, the generation of electricity is rapidly shifting from coal-fired
power plants to less polluting plants, driven primarily by economic forces but
sometimes also by governmental policies and actions, from climate action plans to
new authority for refinancing existing plants. The shift to cleaner electricity
generation is driving down greenhouse gas emissions from that sector and holding
down overall national emissions.
10. Supports expanded ability of electric cooperatives to independently
purchase local renewable electricity.
Tri-State Generation and Transmission Association has tried to prevent its customer
electric cooperatives from purchasing electricity generated from local renewable
sources by other suppliers, both directly through attempts to impose contractual
limitations and indirectly through attempts to impose fees. In decisions involving
Tri-State and Delta Montrose Electric Association, the Federal Energy Regulatory
Commission has found these attempts to be in violation of the Public Utilities
Regulatory Policy Act, which actually requires a coop to purchase such electricity,
and has blocked Tri-State from preventing those purchases. CC4CA supports the
ability of electric cooperatives to purchase non-polluting electricity free from these
or any similar limitations.
11. Supports state legislation to incrementally increase the Renewable Energy
Standard.
Colorado’s current Renewable Energy Standard requires electricity providers to
obtain these minimum percentages of their power from renewable energy sources:
• Investor-owned utilities: 30 percent by 2020, of which 3 percent must come
from distributed energy resources.
6
• Large rural electric cooperatives: 20 percent by 2020.
• Municipal utilities and small rural electric cooperatives: 10 percent by 2020.
This standard has been one of the most effective state policies in facilitating the
transition from carbon-intensive fossil fuel electricity sources to renewable sources,
and CC4CA supports giving consideration to incrementally increasing the standard
for all three types of utilities.
12. Supports state legislation to require the Public Utilities Commission to
consider all environmental and health costs of the fuels used by investor-
owned utilities to generate electricity.
Electric utilities should be required to include the costs of carbon pollution when
developing their long-term integrated resource plans, as would have been required
under a bill considered in the 2016 session of the Colorado General Assembly. The
“social cost of carbon” is the economic cost of the impacts of carbon pollution, which
can be used to compare the overall costs and benefits of alternative energy sources.
Legislation requiring utilities to generate at least one scenario identifying the
impacts of carbon pollution would enable utilities, regulators, ratepayers, and
others to better understand the true costs of different choices for electricity
generation.
13. Supports grid modernization policies and funding that support distributed
generation, energy storage, high levels of renewable energy generation
(distributed and utility-scale), and appropriate technologies.
A wide array of grid modernization policies and actions are available to utilities that
can reduce energy consumption, better align availability of electricity to demand,
expand renewable energy generation, and collectively reduce carbon pollution from
the power generation sector (while also improving reliability and reducing cost).
CC4CA supports policies and funding that result in these types of grid
modernization efforts in Colorado.
Net metering is one example of a policy structure that can result in reduced
greenhouse gas emissions, greater reliability for individual energy users and across
the grid, improved grid resilience, and reduced cost for both utilities and electricity
consumers. Colorado’s current net metering policies allow electric customers who
invest in distributed energy technologies to net their solar energy production
against their consumption. Available in at least 40 states, this simple billing
arrangement is one of the most important policies for encouraging rooftop solar and
other on-site clean energy options. Net metering also helps foster the voluntary
reduction of heat-trapping emissions, contributes to the reliability of the electricity
supply and distribution systems, supports the residential and small-commercial
renewable energy industry, and helps to more quickly replace coal-fired power
plants with cleaner sources of energy. In recent years utilities have sought approval
7
from regulatory bodies in many states to either abandon or reduce net metering
rates.
CC4CA supports grid modernization policies like these and opposes efforts to
weaken or eliminate them where they already exist.
Energy Efficiency
14. Supports legislative, regulatory, and administrative actions for electric
utilities to achieve energy efficiency savings of 2 percent per year beyond
2020, building on the 2020 goal established by Governor Hickenlooper
through executive order. Municipal and cooperative utilities should also adopt
and achieve similar efficiency targets.
In the 2017 session of the Colorado General Assembly, CC4CA supported HB 17-
1227, which was enacted to extend an existing law requiring regulated utilities to
achieve electricity savings of five percent of retail sales from 2018–2028. Colorado
utilities have already demonstrated that they can readily exceed this modest goal.
The Southwest Energy Efficiency Project reports that from 2008–16 Xcel Energy and
Black Hills Energy achieved ten percent savings, well over one percent per year,
with an overall benefit-to-cost ratio of more than two-to-one. Colorado households
and businesses saved nearly $1.4 billion net over that time period. Governor
Hickenlooper’s Executive Order D 2017-015 set a new goal to achieve two percent
per year energy efficiency by 2020, which is readily achievable and should be
extended beyond that date.
15. Supports ongoing and sustainable funding for the Weatherization
Assistance Program.
Low-income and vulnerable households spend a disproportionately large
percentage of their income on energy utility bills. The federal Weatherization
Assistance Program was created in 1976 to address this problem. Administered
here by the Colorado Energy Office, WAP provides funding to locally administered
home weatherization programs to provide free weatherization services to
Colorado’s low-income residents in order to improve the energy efficiency of their
homes. Colorado supplements its annual federal WAP allocation with state
severance tax dollars, both of which can be volatile sources of revenue. A stable
revenue stream for Colorado’s eight WAP programs would support the dual goals of
assisting families in reducing their energy bills while promoting safe, comfortable,
and energy-efficient housing.
8
16. Supports state enabling legislation to provide counties and statutory cities
and towns with the same authority held by home rule cities to implement local
energy conservation policies and programs.
Unlike their home rule municipal peers, Colorado counties and statutory cities and
towns in many cases lack authority to adopt and implement energy conservation
policies and programs. For example, only Colorado home rule cities have statutory
authorization to enact energy conservation ordinances despite how effective they
are for improving the energy efficiency and performance of existing residential and
commercial buildings. Enabling legislation is needed to provide Colorado’s counties
and statutory cities and towns with the authority necessary to enact policies and
programs that can support and promote energy conservation within their
jurisdictions.
Transportation
17. Supports Colorado’s adoption of motor vehicle emission standards,
including requirements for low-emission and zero-emission vehicles, and
collaborative efforts for effective implementation, that are equal to or exceed
those already adopted by California.
The federal Clean Air Act provides authority for California to adopt its own stringent
emissions standards for new motor vehicles and for other states to adopt the
California standards. Twelve states plus Washington, D.C. have adopted California’s
basic emission standards. These states represent about 35 percent of the nation’s
population and the same share of new motor vehicle sales. Nine of these states have
also adopted the additional California standards requiring manufacturers to achieve
specified sales of zero tailpipe-emission vehicles (i.e., battery-only electric vehicles).
California’s vehicle standards have enjoyed unusual bipartisan support, including
among Colorado’s congressional delegation, both as an example of cooperative
federalism among federal and state governments and as important for protecting
the climate. A June 2017 letter to the Administrator of the U.S. Environmental
Protection Agency supporting continuation of the EPA waivers under the Clean Air
Act for the California standards was signed by Rep. Mike Coffman, Republican of
Colorado, and Rep. Jared Polis, Democrat of Colorado, along with other Members of
Congress from both parties.
In recent years, the basic California standards have been synchronized with federal
emission and fuel efficiency standards. However, the Trump administration is now
planning to weaken the federal standards, which would dramatically undermine
Colorado’s efforts to meet our statewide carbon pollution goals. Reducing emissions
from the transportation sector, which has become the sector responsible for the
largest share of greenhouse gases, has to be a centerpiece of climate action in the
state.
9
At the urging of a wide range of interests across the state, including CC4CA,
Governor Hickenlooper’s June 2018 executive order (B 2018 006) directs the
Colorado Department of Public Health and Environment to develop an advanced
clean car standards rule and formally propose adoption of this rule by the Colorado
Air Quality Control Commission. CC4CA supports Colorado adopting the California
vehicle standards, including the so-called ZEV (zero-emissions vehicle) standards,
and CC4CA supports the kinds of flexible approaches to implementing the ZEV
standard here in Colorado that we have seen adopted in other ZEV states.
18. Supports implementation of the Colorado Electric Vehicle Plan, including
new state government actions to accelerate the purchase and use of zero
emission vehicles.
Nationally, transportation has become the sector responsible for the most carbon
pollution. Colorado’s recent population growth has led to a commensurate increase
in vehicle miles traveled, which has overtaken the emissions reductions made
possible through the increasing fuel efficiency of the statewide vehicle fleet.
Electrification of light- and heavy-duty vehicles, as well as other emerging zero-
emissions technologies, holds perhaps the greatest promise for emissions
reductions in this sector. CC4CA supports legislative, regulatory, and administrative
action to increase the adoption of electric vehicles by investing in electric vehicle
charging stations, educating customers about EVs, and providing customer
incentives. CC4CA also supports the current plan to commit a portion of Colorado’s
share of the Volkswagen emissions control violations settlement to the construction
of electric vehicle charging infrastructure across Colorado, and adoption of the
California motor vehicle emission standards (see #17 above), including their
provisions on sales of zero-emission vehicles.
Fossil Fuel Extraction Activities
19. Supports legislative, administrative, and regulatory actions to expand the
monitoring of and reduce the full life cycle emissions from fossil fuel
extractive industry activities.
The mining and extraction of fossil fuels can result in significant levels of carbon
pollution. One primary culprit is methane. Methane has a shorter-lived but much
more potent heat-trapping effect than carbon dioxide; thus, reducing methane
emissions is a highly effective way to buy time to implement more comprehensive
actions to reduce industry-wide carbon dioxide emissions. As one example, in 2014
Colorado adopted rules to limit methane emissions from oil and gas operations by
requiring oil and gas companies to find and fix methane leaks in its extraction and
delivery infrastructure. The rules also require industry to capture methane and
volatile organic compounds, both of which contribute to ground-level ozone
pollution.
10
CC4CA supports legislative, administrative, and regulatory actions like these to
reduce greenhouse gas emissions throughout the entire extraction and
transportation processes involving raw fossil fuels. CC4CA also supports expanded
monitoring of the full life cycle emissions from these activities.
Solid Waste Reduction
20. Supports adoption and implementation of a plan by the Colorado
Department of Public Health and Environment to achieve the statewide waste
diversion goals established by the Solid and Hazardous Waste Commission.
Recycling and composting reduce emissions of both methane and carbon dioxide.
Colorado has a low solid waste diversion rate of 19 percent, compared with the
national average of 34 percent. In August 2017, the Colorado Solid and Hazardous
Waste Commission adopted new statewide and regional municipal solid waste
diversion goals, including separate goals for 11 Front Range counties and for the
remainder of the state for the years 2021, 2026, and 2036. Statewide, the goal is to
increase the diversion rate to 45 percent by 2036. CC4CA supports CDPHE’s efforts
to increase solid waste diversion rates.
General
21. Supports the protections and authorities currently provided under
environmental laws like the Clean Air Act and the Clean Water Act.
Protecting Colorado’s air, water, and land is vital to its environment, economy, and
people. The protections and authorities afforded by landmark federal laws such as
the Clean Air Act and Clean Water Act are foundational to the fight against climate
change. For example, the 2007 ruling by the U.S. Supreme Court that heat trapping
emissions are air pollutants and thus subject to regulation under the Clean Air Act,
and the subsequent 2009 U.S. Environmental Protection Agency endangerment
finding that indeed, heat trapping emissions present a danger to public health,
obligate our federal government to utilize the protections provided by the Clean Air
Act to take action to limit emissions. Local governments rely on these protections
and can be critical allies in this effort, as scores of communities across Colorado
already are implementing a broad array of initiatives to advance climate protection
at the local level, and often doing so in collaboration with the state and federal
governments. But we know more must be done. CC4CA communities support the
protections and authorities provided under the body of existing environmental law,
including the Clean Air Act and Clean Water Act, and will strongly oppose legislative,
regulatory, and other efforts to roll back or diminish them.
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Preston Neill, Deputy Town Manager
Date: November 13, 2018
Topic: AUTHORIZATION FOR MAYOR FANCHER TO SIGN A COMMENT LETTER TO THE FCC REGARDING THE
FURTHER NOTICE OF PROPOSED RULE MAKING IN IMPLEMENTATION OF SECTION 621(A)(1) OF THE
CABLE COMMUNICATIONS POLICY ACT OF 1984
ACTION BEFORE COUNCIL:
Council is asked to review and take action on the attached comment letter to the Federal
Communications Commission (FCC) regarding the Further Notice of Proposed Rule Making in
Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984.
RECOMMENDED MOTION:
“I move to authorize Mayor Fancher to sign the comment letter to the FCC regarding the Further
Notice of Proposed Rule Making in Implementation of Section 621(a)(1) of the Cable Communications
Policy Act of 1984.”
SUMMARY:
JK Perry, Executive Director of High Five Access Media, has requested that the Town submit a
comment letter to the FCC expressing disapproval of the proposals and tentative conclusions
contained in the FCC’s September 25, 2018 Further Notice of Proposed Rule Making in Implementation
of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as Amended by the Cable
Television Consumer Protection and Competition Act of 1992, MB Docket 05-311.
The attached comment letter has been prepared for Council consideration.
ATTACHMENT:
Comment Letter to FCC
Post Office Box 975 100 Mikaela Way
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
November 13, 2018
The Honorable Ajit V. Pai
Chairman
Federal Communications Commission
455 12th Street, Southwest
Washington, D.C. 20544
Dear Chairman Pai,
The Town of Avon wishes to express our disapproval of the proposals and tentative conclusions
contained in the Federal Communications Commission’s Sept. 25 Further Notice of Proposed Rule
Making in Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as
Amended by the Cable Television Consumer Protection and Competition Act of 1992, MB Docket 05-
311.
We are a small mountain community near the ski resorts of Vail and Beaver Creek. The local community
access media center, High Five Access Media, cablecasts our bi-monthly town council meetings live
and replays each several times. Our residents, business owners and vibrant nonprofit community rely
upon this coverage to stay civically engaged with their elected leaders and town staff. The town itself
relies on this coverage to assure its citizens that decisions are made in the open, transparently.
The Town of Avon, along with our neighbor, the Town of Vail, receive franchise fees from Comcast in
return for allowing the company to use our public rights of way to distribute their cables and earn a
profit. Both towns invest these franchise fees in High Five Access Media, which is dependent upon the
funds to function.
While High Five serves both towns, it provides monthly media education workshops to the entire
County at no or little cost. This education, and free access to production equipment, gives our locals,
students and non-profits the means to create media that is shared with the community via cable
television. Indeed, it’s a way for folks to express their rights to free speech and create a dialogue
among the community.
This local presence enables the residents of our Town to watch uniquely local programming about
their community and local events and issues of interest to them. And that was the intent of the PEG
provisions of the 1984 Cable Act – to enhance local voices, serve local community needs and interests,
and strengthen our local democracy. By defining “franchise fee” in an overly broad fashion to include
“in-kind” support, the FCC’s proposals will shift the fair balance between cable franchising authorities
and cable operators and will force communities to choose between franchise fees and PEG channels
– something that was never the intent of the Act.
We appreciate your consideration and hope you will protect PEG channels in our community and
others by choosing not to adopt many of the proposals in the Further Notice.
Sincerely,
Jennie Fancher
Mayor, Town of Avon
cc:
The Honorable Michael O’Rielly, Commissioner
The Honorable Brendan Carr, Commissioner
The Honorable Jessica Rosenworcel, Commissioner
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 23, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:05 p.m. A roll call was taken, and Council members
present were Megan Burch, Amy Phillips, Matt Gennett, Jake Wolf and Scott Prince. Sarah Smith Hymes
was absent. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil, Police Chief
Greg Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Mobility Director Eva
Wilson, Public Works Director Gary Padilla, Deputy Town Manager Preston Neill and Town Clerk Debbie
Hoppe.
2. APPROVAL OF AGENDA
There were no changes made to the agenda.
3. PUBLIC COMMENT: COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
There were no public comments.
4. PRESENTATIONS
Start time: 04:00
4.1. SWEARING IN OF PATROL OFFICER CODY DUNFORD (POLICE CHIEF GREG DALY)
Mayor Fancher presided over the swearing in of Officer Dunford. The Oath of Office was
administered by Town Clerk Debbie Hoppe.
Council moved to item 5.3.
5.3. PUBLIC HEARING SECOND READING ORDINANCE 18-17, AUTHORIZING A FIRST AMENDMENT TO THE 2014B
CERTIFICATES FOR BOND FINANCING (TOWN ATTORNEY ERIC HEIL)
Start time: 07:55
Mayor Fancher opened the public hearing and there were no comments.
Councilor Phillips moved to approve second reading of Ordinance 18-17, Authorizing a First
Amendment to a Previously Executed Lease Agreement, Site and Improvement Lease, and
providing Other Materials Relating Thereto. Councilor Burch seconded the motion and it passed
unanimously by Council members present. Mayor Pro Tem Smith Hymes was absent.
5.4. FIRST READING ORDINANCE 18-18, AMENDING CHAPTER 5.08 OF THE AVON MUNICIPAL CODE, CONCERNING
LIQUOR LICENSES (TOWN ATTORNEY ERIC HEIL)
Start time: 10:33
Councilor Phillips moved to approve fist reading of Ordinance 18-18, Amending Chapter 5.08 –
Liquor Licenses of the Avon Municipal Code and refer Ordinance 18-18 to a public hearing on
November 13, 2018. Councilor Gennett seconded the motion and it passed unanimously by Council
members present. Mayor Pro Tem Smith Hymes was absent.
5.5. RESOLUTION 18-19, SUPPORTING PASSAGE OF EAGLE COUNTY BALLOT ISSUE 1A REGARDING VOTE
AUTHORIZATION TO EXTEND THE MILL LEVY FOR THE EAGLE COUNTY OPEN SPACE PROGRAM
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 23, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 2
(DEPUTY TOWN MANAGER PRESTON NEILL)
Start time: 17:25
Councilor Phillips moved to approve Resolution 18-19, supporting passage of Eagle County Ballot
Issue 1A regarding voter authorization to extend the mill levy for the Eagle County Open Space
Program. Councilor Gennett seconded the motion and it passed unanimously by Council members
present. Mayor Pro Tem Smith Hymes was absent.
5.6. CONSENT AGENDA
Start time: 18:26
5.6.1 AUTHORIZATION FOR MAYOR, TOWN MANAGER AND TOWN ATTORNEY TO NEGOTIATE ANY FINAL
REVISIONS AND EXECUTE AN INTERGOVERNMENTAL AGREEMENT REGARDING THE RECYCLING DROP OFF
CENTER BETWEEN THE TOWN OF AVON AND EAGLE COUNTY (DEPUTY TOWN MANAGER PRESTON NEILL)
5.6.2. APPROVAL OF FINDINGS OF FACT AND RECORDS OF DECISION FOR TWO MAJOR DEVELOPMENT PLAN
APPLICATIONS FOR RIVERFRONT FOR LOTS 4, 5, AND 6, RIVERFRONT SUBDIVISION
(PLANNING DIRECTOR MATT PIELSTICKER)
5.6.3. AUTHORIZATION FOR THE TOWN OF AVON TO BE ADDED AS A SIGNATORY TO A COMMENT LETTER TO
THE AIR QUALITY CONTROL COMMISSION ENCOURAGING ADOPTION OF LOW EMISSION VEHICLE AND
ZERO EMISSION VEHICLE STANDARDS IN COLORADO (DEPUTY TOWN MANAGER PRESTON NEILL)
5.6.4. APPROVAL OF MINUTES FROM OCTOBER 9, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
Councilor Burch moved to approve the Consent Agenda. Councilor Phillips seconded the
motion and it passed unanimously by Council members present. Mayor Pro Tem Smith
Hymes was absent.
Council moved to item 4.2.
4.2. NATIONAL NIGHT OUT RECOGNITION (POLICE CHIEF GREG DALY)
Start time: 22:18
Police Chief Greg Daly delivered a presentation on National Night Out 2018. On behalf of the
Avon Police Department, Police Chief Greg Daly recognized the following community members
and organizations/businesses for their participation and sponsorship:
Alpine Bank Castaneda’s Miguel Avila
Aspens Mobile Home City Market Gisela Nunez
Avon Chiropractic Columbine Bakery Raul & Alejandra Rivera
Avon Liquors Dispatch Domino’s
Blue Moose Pizza DJ Antonio Perez Eaglebend Apartments/Polar Star
Margarite” Maggie” Chavez DJ Sergio Jove Star
Calvary Chapel DJ Manuel Fregoso Eagle River Fire District
Colorado Meat Co. DJ Eric Escalante Gondola
Carrillo’s Jesus Flore\s Green Elephant
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 23, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 3
Hybrid Nation Snow Barber
Jazzy Nails Starbucks
Jeff Schiro Painting Sun and Ski
Just Cuts Target
Kim Greene/Vail Health Ticino
Loaded Joe’s Town of Avon Recreation
Lone Star Security/5M Department
Nest Town of Avon Public Works
No Se Hagan Bolas Village Warehouse
Revolution Yoga Walmart
Sabor Mazatlán Wells Fargo Bank
Sauce on the Creek
Council moved to item 5.1.
5. ACTION ITEMS
Start time: 32:48
5.1. PUBLIC HEARING, APPEAL OF PLANNING AND ZONING COMMISSION’S DECISION DATED SEPTEMBER 4, 2018,
DENYING PORTIONS OF A MINOR DEVELOPMENT PLAN APPLICATION FOR LOT 111 C, BLOCK 1, WILDRIDGE
(TOWN ATTORNEY ERIC HEIL)
Mayor Fancher opened the public hearing for comments. Hugh Joyce provided a picture to
help clarify what is going on with the garage, deck and the roof. Hugh also addressed his
concerns with the project. Rob Sperberg, the attorney for the Home Owners Association,
discussed the memo he provided to Council. Paul Nowak voiced his concern that the property
values will be negatively affected by the structure. Doug Currey mentioned the architect that
designed the properties did a review of the proposal and it shows why the project does not all
the meet the key design criteria. Dave Scherpf explained his concerns with the structure. Lisa
Currey said her house faces the structure and she is concerned about the visual impact.
Councilor Burch moved to deny the Malahide LLC Appeal thereby denying the application for a new
shed roof structure addition over the deck and adopt the proposed Findings of Fact and Records of
Decision. Council Phillips seconded the motion and it passed with a vote of 5 to 1. Councilor Wolf
voted no. Councilor Prince read into the record item (f) of the Findings of Fact and Record of
Decision: “Any proposal for a gable roof structure over the approved Phase I storage shed and
Phase II deck is a substantially different application and is required to submit a complete application
to the Planning and Zoning Commission for Development Plan and Design Review.” Mayor Pro Tem
Smith Hymes was absent.
5.2. RESOLUTION 18-14, ADOPTING THE TOWN OF AVON 2019 STRATEGIC PLAN
(DEPUTY TOWN MANAGER PRESTON NEILL)
Start time: 1:51:01
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 23, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 4
Council members provided various modifications to the Town of Avon 2019 Strategic Plan.
Councilor Burch moved to approve Resolution 18-14, Adopting the Town of Avon 2019 Strategic Plan,
with the discussed changes. Councilor Wolf seconded the motion and it passed with a vote of 5.
Councilor Gennett was out of the room. Mayor Pro Tem Smith Hymes was absent.
6. WORK SESSION
Start time: 2:08:05
6.1. BUDGET WORK SESSION FOR THE CAPITAL PROJECTS FUND AND LONG-RANGE CIP
(ACTING TOWN MANAGER SCOTT WRIGHT/TOWN ENGINEER JUSTIN HILDRETH)
Council members provided various recommendations for the final preparation of the 2019
Budget.
7. WRITTEN REPORTS
7.1. UPDATE ON THE HAHNEWALD BARN PROJECT AND SCHEDULE
(TOWN ENGINEER JUSTIN HILDRETH/PLANNING DIRECTOR MATT PIELSTICKER)
7.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
7.3. ABSTRACT FROM OCTOBER 16, 2018 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 2:53:40
Councilor Wolf gave an update on the meeting with Freenotes Harmony Park and the initiative to place
outdoor musical instruments in the Town core at Nottingham park.
Councilor Burch asked if there was information regarding the Open House for the new Town Hall
that will take place on November 13th at 4:00 p.m.
Councilor Prince shared news from the Colorado Office of Economic Development that Avon was
the only community in our County to receive the Opportunity Zone designation. More information
about Opportunity Zones is available at choosecolorado.com/oz. A work session about
Opportunity Zones is scheduled for the January 8, 2018 Council meeting.
9. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE
REGARDING VARIOUS PENDING LEGAL CLAIMS AGAINST THE TOWN UNDER C.R.S. §24-6-402(2)(B)
Mayor Fancher made a motion to move into executive session for conference with the town
attorney for the purpose of receiving legal advice regarding various pending legal claims against
the Town under C.R.S. §24-6-402(2)(b). Councilor Gennett seconded the motion and it passed
unanimously by Council members present. Mayor Pro Tem Smith Hymes was absent. The time was
8:12 p.m.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 23, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 5
Council convened into Executive Session at 8:20 p.m.
Executive Session ended at 8:58 p.m.
10. ADJOURNMENT
There being no further business to come before the Council, Mayor Fancher moved to adjourn the
regular meeting. The time was 8:59 p.m.
RESPECTFULLY SUBMITTED:
________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ___________________________________
Sarah Smith Hymes ___________________________________
Jake Wolf ________________________________
Megan Burch ________________________________
Matt Gennett ________________________________
Scott Prince ________________________________
Amy Phillips ________________________________
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TOWN COUNCIL REPORT
To: Mayor Jennie Fancher & Avon Town Council
From: Greg Daly, Chief of Police
Date: November 13, 2018
Re: Avon Police Department Six Month Update
Introduction:
Madam Mayor and Members of the Avon Town Council, on April 10, 2018, I previously submitted an
Avon Police Department Six Month Update and a 2017 End of Year Report. This current report is an
update from April 10, 2018 to date, to include crime and traffic enforcement statistical information
from January 1, 2018 to September 30, 2018 (most current statistics available).
The mission of the Avon Police Department (APD) is “We serve to better our community” and our
motto is “Count on Us.” The men and women of the Avon Police Department continue to work 24
hours every day in fulfilling our mission and living up to our motto.
We have 19 sworn positions with one-part time sworn position. We have two full time administrative
services officers and one-part time administrative assistant.
The men and women of the Avon Police Department maintain excellent relationships with other
Town of Avon staff in all departments. We work daily with all departments and we thank them for
their continued hard work, passion and collaboration in providing a safe environment in Avon to live
and play.
We also enjoy excellent working relationships with our partner first responder agencies and on most
major events/ incidents; it takes a village of town staff, first responders, other governmental
agencies and non-profits to successfully complete our mission.
The men and women of the Avon Police Department sincerely appreciate the continued support of
the Avon Town Council and Interim Town Manager Scott Wright for their passion and commitment
to the public safety of our citizens, residents and guests.
Significant Activity since April 10, 2018 Written Report to Council:
The Avon Police Department was awarded full accreditation through the Commission on
Accreditation for Law Enforcement Agencies (CALEA) in April of 2016. The department
completed the second-year assessment of a new four (4) year reaccreditation period in April of
2018. The external assessment was successful. This is our third overall accreditation cycle. The
Avon Police Department is the smallest law enforcement agency, and only agency on the
Western Slope to secure such prestigious accreditation. Less than 10% of American Law
Enforcement agencies are accredited. In addition, the Department is seeking reaccreditation
through the Colorado Association of Chiefs of Police (CACP).
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As at 10/24/2018, Avon Police Officers completed 473 hours and 17 minutes of community policing
biker patrol. Officers have also completed 758 hours and 10 minutes of foot patrol.
Avon Police Officers safely policed multiple successful Town of Avon special events to include:
Haute Route, Triple by Pass, Xterra, Cover Rock, Bec Tri, and the modified Salute.
Avon PD officers investigated a 1st degree attempted murder (Stabbing case) that occurred on
the bike path behind the Westin Riverfront Resort. We arrested the suspect within a short period
after the attack occurred. This case has required extensive Avon PD resources which also
involved a weeklong trip to New Jersey where over 30 witnesses were interviewed. A Grand Jury
indicted the suspect on all charges and the case is pending in the courts.
APD officers investigated a significant theft case from Walmart. Avon Police Detectives issued a
BOLO (Be on the lookout) to law enforcement agencies throughout Colorado. A detective with
Thornton PD recognized the suspect and contacted APD. The suspect was in the Douglas County
jail for similar offenses. The local charges here were added to his charges in Douglas County as a
state-wide crime spree.
APD officers presented a solid currency counterfeit case to the 5th Judicial District Attorney’s
Office. The case investigation involved the issuance of a BOLO (Be on the lookout) for the
suspect vehicle. Glenwood Springs PD officers observed the vehicle and contacted the female
suspect. The male suspect was later contacted. Avon PD crime scene investigators with the
assistance of a US Secret Service Agent executed a search warrant in a hotel room in Glenwood
Springs and on a vehicle in Rifle, locating significant evidence of their counterfeiting crimes in the
vehicle and in the hotel room. Both suspects have taken plea agreements and will each be
serving 10 years in the Colorado Department of Corrections.
Currently we have a police recruit, Cadet Alan Hernandez in the Jefferson County Sheriff/
Lakewood Police Department Regional Police Academy Alan is graduating on November 29 (one
of the 19 sworn). Alan grew up in Avon and attended Battle Mountain High School. He then
attended Colorado Mountain College and graduated with a degree in criminal justice from
Colorado Mesa University. Alan is bilingual.
Avon PD received high marks from our community in the recent Town of Avon community
survey. We were happy to see the high level of confidence regarding safety in the respondent’s
neighborhoods. However, we will continue to proactive patrol all neighborhoods and business
districts in Avon to deter crime, improve traffic safety and continue to increase overall safety
confidence in our community.
Avon PD officers as part of the multi-agency Eagle County Special Operations Unit provided
counter assault convoy escort security as a mutual aid request to the US Secret Service for Vice
President Pence as he visited Eagle County on two separate occasions in 2018.
Avon PD officers responded to the Lake Christine Wildland fire and assisted the Eagle County
Sheriff’s Office/Basalt PD. Avon officers completed 13 shifts over four days.
APD co-hosted with Eagle County Sheriff’s Office and Vail PD, our annual active shooter response
training and collectively trained nearly 200 first responders from across Eagle County at Battle
Mountain High School. The numbers were lower this year as many firefighters were deployed on
the multiple wildland fires in Eagle County and elsewhere.
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We increased our social media presence to a milepost of over 2,000 followers of the Police
Department Facebook page. We had a post that had 29,425 people reached regarding bear
activity on the west side of Avon.
Avon Police Officers have assisted with referrals to the GRANITE drug task force throughout
2018. See below chart for seized drugs details.
APD is preparing for a fourth community resort policing ski patrol program for the 2018-2019
season. This program is a partnership between the Avon Police Department, the Eagle County
Sheriff’s Office and Vail Resorts/Beaver Creek Resort Company.
Avon Police Officer Tyler Churches received a lifesaving award from the police department for his
heroic actions when saving the life of a community member by using his tourniquet on a
significant arm injury and kept the person from going into shock. In addition, Officer Tyler
Churches received a “First Responder of the Year” award for the same lifesaving action, at the
17th Anniversary 9/11 Tri-Club Rotary Public Safety Recognition awards dinner at the Donovan
Pavilion in Vail.
APD completed a fourth successful summer season with a part-time, non-sworn community
response officer (CRO). The CRO position helped to educate our community and guests
regarding Nottingham Park rules and etiquette for a more family friendly experience at the
beach. The CRO also assisted with managing the parking plan on the Northside of West Beaver
Creek Boulevard.
APD continues to partner in the Eagle County Special Operations Unit (SWAT) and in the Gore
Range DUI Task Force.
Chief Will Johnson with the Arlington Police Department Texas, presented a training on
Procedural Justice and Legitimacy at the Avon Police Department. Chief Johnson is a national
and international speaker on several topics to include community policing and safeguarding civil
rights.
APD with assistance from Public Works and Mobility planned and executed an evacuation
exercise for the Wildridge subdivision. We conducted a mock evacuation on the June Creek/
Berry Creek access road with Town of Avon Public Works pickup trucks and used an Avon
Mobility bus for evacuee transport.
Administrative Services Officer Krista Jaramillo was reelected as vice president of the Rocky
Mountain Accreditation Network (RMAN), our regional PAC for law enforcement CALEA
accreditation.
Krista hosted the annual conference for RMAN at the Westin in Avon. There were 70 attendees
from as far away as Anchorage, Alaska. Chief Daly gave a presentation on community policing
showcasing all our programs at the Avon Police Department
Two off-duty officers (who were attending the Rec Center Regatta) and two on-duty officers
(one was also at the regatta) were immediately on scene when fire broke out and ensured that
all residents were safely evacuated from A building during the Beaver Bench Fire. APD then
coordinated with Eagle River Fire, Vail Fire, Greater Eagle Fire, Eagle County Paramedics to halt
the fire before it engulfed the whole building. APD coordinated with the Vail Valley Salvation
Army, Red Cross and the Eagle County Sheriffs Victims’ Advocates Unit to ensure that all
residents were safe and were housed over the following nights.
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APD hosted a National Tactical Officers Association SWAT team leader school at the PD. The
attendees included a Royal Canadian Mounted Police supervisor from the Canadian North West
Terrorities.
APD SWAT operators participated in a joint training with the FBI Denver SWAT Team, to include
hostage rescue from buildings and an open-air hostage rescue scenario.
Officer Corey Baldwin and School Resource Officer Eric Benson participated in a week long basic
SWAT school hosted by the Greeley Police Department SWAT Team. This was a physically
demanding week teaching the officers about high-risk SWAT operations and providing our patrol
officers with some higher-level skills for dealing with those infrequent but high-risk situations
that at times occur in our community. Corey and Eric put in that extra work and effort to be
better able to protect our community and especially our elementary school.
Community Policing/ Engagement Projects and Involvement:
APD continues to participate in the countywide Law Enforcement Immigration Alliance,
furthering relationships with our Latino community. We have been actively involved in the winter
children’s coat drive.
Hispanic Officers Al Zepeda and Bal Herrera were asked to star in a Colorado Department of
Transportation Spanish language PSA talking about road safety.
APD officers delivered Active shooter response training to employees of the Westin and East
West Partners. We have been requested to provide further trainings in December.
APD officers conducted Active shooter response training for Town of Avon employees.
On October 24th, Avon PD hosted an informational evening for our Town of Avon liquor licensees
in preparation for what we all hope is going to be a big winter. Michelle Stecher from the Eagle
River Youth Foundation spoke about protecting our youth, by preventing underage drinking,
impaired driving and safe driving habits. Criminal Investigator Lisa Maestas from the Colorado
Department of Revenue Alcohol and Tobacco Enforcement Division gave a legal update on new
laws that have come into force and other laws that are coming in as at January 1st, 2019. Chief
Daly spoke about our combined efforts to reduce DUI and impaired drivers off our roadways
from enforcement to our town wide Tipsy Taxi program. The bars and restaurants have Tipsy
Taxi vouchers to be used when an individual is not sober to drive home to encourage them to
leave their car and get a taxi home.
Avon PD has nine veterans working for the PD (two US Navy, three US Marines and four US
Army). Our veterans have participated in various community veteran’s day education activities to
include speaking at local schools.
APD officers happily volunteered at the Vail Valley Salvation Army Empty Bowls fundraising event
at Battle High School. APD also participated in the Epic Mountain Express Fill the Van food bank
event.
APD officers participated in the Eagle River Presbyterian Church Fall festival in Nottingham Park.
Chief Greg Daly, Vail PD Officer Eric Bonta and Vail PD Code Enforcement Officer Miguel Jauregui
(who interpreted) on behalf of the Law Enforcement Immigrant Alliance (LEIA), spoke with a
group of residents at St. Mary’s Church in Eagle. Chief Daly reminded the audience that it is not
5 | Page
the role of our local law enforcement agencies, Eagle County Sheriff’s Office, Vail PD, Avon PD
and Eagle PD to conduct immigration enforcement. Our role is to enforce municipal, county and
state laws and to be community police forces.
Officer Al Zepeda organized a Tip A Cop fundraising event for Colorado Special Olympics at Vin
48 and Blue-Plate Bistro. The event raised over $2,500.
Avon Police officers continue to deliver positive police interactions and education to the children
at Avon Elementary. Officer Benson, our School Resource Officer, continues to provide classes to
students, parents and staff at the Avon Elementary School and has a great working relationship
with Principal, Dana Harrison.
APD successfully hosted the 10th Annual Avon Police Citizen’s Academy. We had 17 participants.
We hosted the 6th Annual Latino Eagle County Police Academy with 21 participants.
APD continues to participate in the “Paris” task force seeking countywide cross discipline
collaborative strategies to further the safety and security of our new born population.
APD is a participant in the Colorado Mountain College and Eagle River Youth Coalition
Partnership regarding LGBTQIA community issues.
APD has formally engaged Pastor Nate and Pastor Michael from Calvary Church to become our
new departmental chaplains. They replace Pastor Tommy who was our previous chaplain and has
since moved to shepherd a congregation in Santa Barbara, CA. Pastors Nate and Michael are
available for both religious or secular counselling/support to our officers or residents in need.
APD Sgt. Holmstrom participates in the steering committee member for the Treetop Forensic
Interview and Child Advocacy center for the 5th Judicial District located in Breckenridge. APD will
utilize the resources both at the Riverbridge (Glenwood) and Treetop (Breckenridge) Forensic
Interview and Child Advocacy centers. These centers provide a comfortable and welcoming
environment where specially training child forensic interviewers assist Avon PD detectives with
investigations into sex assault and or neglect/abuse of children.
APD is a key participant in the Countywide Report Management System upgrade committee. We
are hoping to implement the significant upgrade in mid-2019. This project will be two years in the
making before completion.
Chief Daly has been very involved with the introduction of the Hope Center to Eagle County. This
new program offers crisis response clinicians who co respond with Eagle County Community
Paramedics and Avon PD officers to the scene and endeavor to stabilize a mental/behavioral
health situation in the home rather than transporting to the Emergency room and/or mental
health hospital.
Chief Daly continues his role as board president for the Speak Up Reach Out Suicide Prevention
Coalition. He actively participates in three other mental health committees. He was appointed by
the Eagle County Board of County Commissioners to the Mental Health Advisory Committee. The
committee has been evaluating mental health improvement proposals from governmental and
non-profit entities and in turn making recommendations to the BOCC for allocation of 1A funding.
Chief Daly was invited to participate in a strategic planning committee to include Doris Kirchner
(CEO Vail Health), other Vail Health staff, Commissioner Jill Ryan, County Manager Jeff Schroll,
Asst. County Manager Mike Nugent, ECPS CEO Chris Montera, Eagle County Public Health
Director Chris Lindley, Mountain Family and other medical/ mental health providers to evaluate
6 | Page
the current resources for mental health and create planning to fundraise the much needed
finances to put a robust sustainable mental health system in place in Eagle County.
Some of the Community Policing/ Engagement Projects for remainder of 2018:
Kids, Cops, and Hoops Community Basketball Program.
Law enforcement ski patrol on Beaver Creek.
Salvation Army basket delivery.
Shop with a Cop.
Tip a Cop for Special Olympics.
Chief Daly is planning to meet residents at Aspens, Eaglebend and Buffalo Ridge at their
complexes to allay any ongoing immigration concerns. Community concerns were recently
heightened because residents misunderstood the presence of Colorado Parks and Wildlife
officers dealing with a bear issue as immigration officers.
Crime/Traffic Statistics and Calls for Service Highlights:
Avon PD continues to deal with high levels of calls for service (CFS) in 2018. Calls for service can be
broken down into dispatch initiated (reactive) and self-initiated (proactive) to include directed
patrols.
The citizen/ resident/ guest generated reactive calls (dispatched calls) are usually 911 calls to the Vail
Dispatch Communications Center or non-emergency calls forwarded to the police station. These calls
include every reported crime category to include motor vehicle collisions, medical calsl needing law
response, road rage with a gun, missing child, burglary alarm, theft, shots fired, shoplift, domestic
violence call, fight/disturbance, trespass, sexual assault, suicide, dead person, home invasion/
robbery call to bear calls.
The officer proactive (self-initiated) calls include everything from community orientated policing
activities, officer bike patrols, foot patrols, follow up on a case, officer completing report, a directed
(requested) patrol in a neighborhood, business checks, traffic patrol, traffic stops, bar checks and
any in progress crime that an officer may witness (usually a disturbance or fight)
As of October 31, 2018, APD officers attended to 3,957 dispatched calls YTD. We generated 12,852
self-initiated CFS. The combined CFS total was 16,809. The current total CFS as of November 8, 2018
is 17,781 (19,654 for same period in 2017, 2016-year end total was 16,039, 2017-year end total was
22,890).
We believe that our continued success in keeping lower crime rates in Avon is achieved by high
visibility foot/bike/vehicle patrol, passionate community engagement, trust and legitimacy building
with our residents and guests.
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Avon PD Calls for Service (CFS) are broken out into the majorities of categories used by the Vail
Public Safety Communications Center (Vail Dispatch).
Nature Code 1/1-10/28/17 1/1-10/28/18
OFFICER NEEDS HELP 4 0
UNKNOWN 911 CALL 674 276
ALARM 188 163
ANIMAL COMPLAINT 139 198
ARMED PARTY WITH WEAPON 3 5
ARREST GENERIC 19 13
ASSAULT 42 58
ASSIST 1114 1105
ATTEMPT TO LOCATE 69 41
ATTEMPT TO SERVE 56 75
BAR CHECK 377 288
BEAR CALL 37 48
BICYCLE ACCIDENT 2 0
BIKE PATROL 335 331
BOMB THREAT 0 1
SHIFT BRIEFING 81 74
BURGLARY 8 9
BUSINESS CHECK 113 68
CHAIN LAW 13 12
CIVIL STANDBY / MATTERS 160 199
CONTACT 497 401
CONSTRUCTION INCIDENT 3 0
COMMUNITY ORIENTED POLICING 214 193
DAMAGE 42 30
DEATH 2 2
DIRECTED PATROL 3184 2002
DISTURBANCE 116 116
INTOXICATED PARTY 59 42
DOMESTIC DISTURBANCE 54 56
OFFICER DOWN 0 1
DRUGS 20 18
DRUG TASK FORCE 11 3
EVIDENCE PROCESSING 29 77
FIGHT 25 24
FINGERPRINTS 7 9
FIRE 53 71
FIREWORKS 4 7
FOUND PROPERTY 124 83
FOLLOW UP 1385 1513
FOOT PATROL 1835 2066
FOUND 7 3
FRAUD 37 40
PERSON WITH A GUN 4 0
CBI FIRE ARMS CHECK 2 5
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HARASSMENT 67 82
SPRING HIGH WATER FLOW CHECK 0 1
ID CHECK/ DISPUTE 3 3
INTERVIEW 41 46
INVESTIGATIONS 1 2
JUVENILE PROBLEM 23 33
ABDUCTION/KIDNAPPING 0 1
LIQUOR VIOLATION 1 2
SCHOOL LOCK DOWN 0 2
LOST PROPERTY 122 130
MEDICAL 132 89
MENTAL HEALTH HOLD 4 3
MISSING / OVERDUE PARTY 30 27
MOTOR VEHICLE ACCIDENT 316 286
NEGATIVE CONTACT WITH OFFICER 6 11
NOISE COMPLAINT 174 141
ODOR/SMELL UNKNOWN 0 2
OPEN DOOR / WINDOWS 29 15
ORDINANCE VIOLATION 25 52
PARKING PROBLEM 511 344
PASS CLOSURE 1 1
PATROL / RADAR 1238 1519
CRIME PREVENTION 0 6
PRISONER PROCESSING 31 31
PROWLER 1 3
CLEAR / LIST PERSON OR VEHICLE 26 11
CLEAR PERSON OR VEHICLE 2 7
RECOVERED STOLEN PROPERTY /
VEHICLE
1 2
REDDI REPORT 112 97
RELAY 143 135
RESTRAINING ORDER VIOLATION 14 20
ROAD DEBRIS 106 95
ROBBERY 2 1
REPORTS 1134 1364
RUNAWAY 4 4
SECURITY CHECKS 138 64
REGISTERED SEX OFFENDER 10 11
SHOOTING OR SHOTS FIRED 8 6
SKATE / ROLLERBLADE / BIKE
COMPLAINTS
1 1
MUD / ROCK / SNOW SLIDE 1 5
SPECIAL ASSIGNMENT / DUTY /
PATROL
48 23
SUICIDAL PARTY 36 52
SUSPICIOUS OCCURENCE 439 403
TRAFFIC STOP 1801 1669
TESTING 10 11
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THEFT 174 152
TOWED VEHICLE 33 25
TRAINING 24 27
TRAFFIC COMPLAINT 157 178
TRANSPORT 11 2
TRAVELERS AID 12 11
TRAFFIC CONTROL 61 32
TRESPASSING 61 61
UNKNOWN NATURE 24 19
CRIMINAL INJURY TO PROPERTY 34 37
ABANDONED VEHICLE 33 27
VIN CHECK 56 35
WALK THROUGH 3 2
WELFARE CHECK 72 57
Note: Regarding unknown 911 calls category, Vail Public Safety Communications Center enacted a new procedure in 2018
whereby the dispatchers code the call to the dispatch center itself first and then if it is an actual 911 call, it is dispatched and
classified to Avon PD. The net effect has been to reduce 911 misdials from Town of Avon originated cell phone numbers. As
a comparison, the Eagle County Sheriffs numbers reduced from 3062 in 2017 to 315 so far in 2018 and Vail PD reduced from
1270 in 2017 to 430 in 2018.
Avon Police Department 2009-2018 Activity Statistics
January 1-September 2018*
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018*
Total Crimes Reported 869 786 908 613 667 912 937 740 798 602
Group A Crimes 438 368 440 372 313 388 381 320 313 259
Group B Crimes 431 418 468 241 354 524 556 420 487 343
Clearance Rate .43 .43 .48 .59 .44 .40 .50 .49 .43
Total Reports 952 897 1111 1015 925 912 972 840 901 644
Calls for Service 13364 14382 16905 16213 13829 16909 16302 16039 22890 15849
Traffic Accidents 177 170 161 142 174 148 148 159 159 117
Traffic Accidents
ETOH/Drug
14 6 8 7 10 12 8 9 7 6
Total Arrests 366 334 384 450 435 501 509 379 392 276
Adult Arrests 350 291 363 419 413 478 485 358 365 247
Juvenile Arrests 16 43 21 31 21 23 24 21 27 29
Felony Arrests 70 39 71 88 54 50 66 49 53 57
Sexual Offenses 6 6 12 12 4 10 9 7 11 9
Robbery 1 1 0 0 0 2 1 0 2 0
Burglary 38 28 24 9 11 12 10 13 7 9
Larceny 153 149 160 87 129 159 154 133 109 75
Motor Vehicle Theft 7 9 4 1 4 6 6 9 7 5
Assault 42 48 41 37 36 45 53 47 43 49
Arson 0 0 2 1 1 3 1 0 0 0
Forgery/Counterfeiting 25 9 5 5 4 9 6 8 3 2
Fraud 32 20 17 28 32 27 27 21 27 12
Vandalism 94 54 64 51 72 69 76 64 63 57
Weapon Offense 1 1 3 4 0 6 4 2 4 6
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Narcotics 36 41 101 135 15 36 29 15 34 29
DUI 93 78 118 89 105 150 156 100 133 82
Liquor Laws 17 31 25 23 23 16 20 13 14 12
Disorderly Conduct 25 26 30 33 24 19 27 14 20 24
Domestic Violence 30 40 41 38 55 37 30 39 33 27
Traffic Stops 2383 2860 4691 4299 3283 4302 3470 2328 2281 1527
Total Traffic Warnings 1434 1811 3101 2523 2371 3275 2599 1706 1620 1189
Written Traffic Warnings 1170 1463 1045
Traffic Summons
Speeding
Avon
Wildridge
WBC BL
EBC BL
Swift
I 70
Metcalf
Nottingham
663
312
57
8
101
35
13
36
9
44
782
393
63
15
86
31
7
147
22
19
1192
379
31
2
46
7
6
265
3
17
961
275
16
3
36
6
13
191
1
7
701
118
5
2
9
6
2
85
3
4
820
169
14
4
22
5
2
103
7
7
615
182
7
13
24
14
2
91
18
7
545
244
14
7
11
17
8
169
2
2
508
283
15
6
11
15
4
223
1
5
260
91
5
0
22
6
2
34
1
14
Safety Belt 0 86 410 407 365 316 143 115 46 48
Child Safety Seats 2 8 3 7 1 5 0 0 2 3
Criminal Summons
Odor Complaints 0 0 0 0 0 0 0 0 0 0
Animal Control Warnings 25 33 19 12 10 28 58 151 106 110
Animal Control Summonses 27 9 6 7 11 3 6 13 3 4
Wildlife Protection
Ordinance (CFS)
55 23 11 40 3 29 5 37 6 3
Wildlife Protection
Ordinance Summonses
7 0 0 2 0 1 5 0 0 0
Bear Calls 108 38 35 131 18 60 26 64 37 29
Smoking Violation
Summonses
0 0 0 0 0 0 0 0 0 0
Smoking Violation
Warnings
0 0 0 0 0 0 0 0 0 0
Group A crimes include: Homicide, Kidnapping/Abduction, Robbery, Assault, Arson, Extortion, Burglary, Larceny/Theft,
Motor Vehicle Theft, Counterfeiting, Fraud, Embezzlement, Stolen Property, Vandalism, Drug/Narcotic Offenses, Sex
Offenses, Pornography/Obscene, Gambling Offense, Prostitution, Bribery and Weapon Violations.
Group B crimes include: Bad Checks, Curfew/Loitering, Disorderly Conduct, DUI, Family Offenses, Liquor Law Violations,
Peeping Tom, Runaway and Trespass.
Narcotics arrests do not include the GRANITE arrests in Avon in 2016, 2017 or 2018.
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Traffic Stops
As at September 30, 2018, APD conducted 1,527 traffic stops/contacts. On average APD officers issue
75% educational/ desired behavioral change warnings versus 25% citations/ summonses from traffic
safety enforcement stops. We concentrate our traffic safety enforcement activity in those areas with
statistically higher levels of traffic accidents to include Avon Road, Nottingham Road, Interstate 70
and Post Boulevard. We also enforce traffic safety in our neighborhoods, particularly when we
receive citizens’ complaints/concerns on speeding, stop sign violations or school bus stop sign
violations.
Ethnic Breakdown of Traffic Stop Contacts
The 2017 ethnic breakdown of our traffic stops to include educational warnings and tickets is as
follows:
23.36% of our traffic stops were with persons of Hispanic ethnicity; 15.31% Hispanic males and
8.05% Hispanic females. This compares with 49% of our census population who report
Hispanic heritage.
45.92% of our traffic stops were with Caucasian males
25.10% of our traffic stops were with Caucasian females
1.84% were with African males
.55% was with African American females
Avon Police Department Response Times:
The Avon Police Department, as part of our annual performance matrix, measures response times
for calls for service. These times are documented and calculated through the Vail Public Safety
Communications Center. Calls for service are broken into four priorities, which are:
Priority 1 & Priority 2: Life or property in immediate threat or just occurred. Units respond
immediately, lights and sirens.
Priority 3: Normal everyday calls for service, needs to be handled in a timely manner.
Priority 4: Non-emergent calls that can be held for a brief period of time if necessary.
The 2017 Annual Benchmark Cities Survey (an annual survey complied by Overland Park Police
Department, KS. of 29 cities to include Boulder and Fort Collins) indicated that the average response
time for Priority 1/2 emergent responses was 5.56 minutes for the twenty-nine (29) agencies
surveyed. Our 2018 year to date average Priority 1 & 2 response time is 3:02.
2016
Priority 1 = 00:40:06 (1 Priority 1 event) (This is an anomaly, because the time the officer arrived on
scene was not logged, therefore eschewing the overall time)
Priority 2 = 00:04:15
Priority 3 = 00:10:04
Priority 4 = 00:05:58
12 | Page
2017
Priority 1 = 00:01:20
Priority 2 = 00:03:43
Priority 3 = 00:13:45
Priority 4 = 00:09:39
2018, Jan 1 to Oct 24
Priority 1 = None
Priority 2 = 00:03:02
Priority 3 = 00:14:06
Priority 4 = 00:08:29
Drug Task Force GRANITE Activity (Provided by Task Force Sergeant Justin Dill with Vail PD):
GRANITE Gore Range Narcotics Interdiction Team
Statistics from Jan 1, 2018 to date
Note: ECSO and Vail PD are currently working drug cases but not as a GRANITE unit due to staffing
shortages in their home agencies.
13 | Page
2018 Citizens Academy
M E M O R A N D U M
TO: Board of Directors
FROM: Catherine Hayes, Board Secretary
DATE: Nov. 5, 2018
RE: Summary of Authority’s October 25, 2018, Board Meeting
The following is a summary of items discussed at the October 25, 2018, Authority Board Meeting:
Board members present and acting included: Chair George Gregory, Vice Chair Sarah Smith Hymes (via phone), Treasurer Geoff Dreyer, directors Pam Elsner and Mick Woodworth, and alternate Betsy Laughlin.
Benchmarking Report The Board briefly discussed the 2017 Benchmarking and Key Indicators report
included in board packets. Linn Brooks explained that the benchmarks were defined and provided by the American Waterworks Association. Other key performance
indicators and trending data was specific to Authority and District operations. The board thanked staff for work on the report.
Draft 2019 Budget Presentation James Wilkins and the budget committee (Chair Gregory and Treasurer Dreyer) presented the draft 2019 budget. A 3% increase for rates and impact fees is
proposed for 2019. The Authority will also issue a revenue bond of $4.5 million in 2019. The final budget will be considered at the November 15 meeting, for which a
public hearing was noticed.
Eagle Mine Update Siri Roman discussed a recent spill at the Eagle Mine, which was not reported to
the District via the agreed-upon channels of communication. While instream water quality standards for metals were likely not exceeded, concerns persist regarding
the inspection and monitoring efforts at the Mine. Siri noted that she is working to build positive relationships with the new personnel at the Mine and the Colorado
Department of Public Health and the Environment.
2017
Macroinvertebrate Sampling Results
Siri Roman discussed the most recent macroinvertebrate sampling results, noting
the data indicates improvements on Gore Creek. The Eagle River sample sites experienced some degradation of conditions.
Public Affairs Update Diane Johnson discussed the upcoming joint meeting and gave some background on big picture Colorado River issues. She explained the regulated vs. unregulated
inflow into Lake Powell. The unregulated flow, which is a good indicator of hydrologic conditions in the Colorado River Basin, was 2% of normal in August and
1% of normal in September.
Proposed 2019 Cash-
in-Lieu of Water Rights Fees
Glenn Porzak discussed the Authority’s updated water dedication policy, which
proposes increases in the Authority’s cash-in-lieu of water rights fees for 2019. Such changes would be approved with the 2019 budget. Glenn recommended
direct flow water fees increase from $9,000/acre foot to $9,360. After discussion, the board recommended in-basin augmentation water fees increase from
$35,000/acre foot to $38,500, a 10% increase, which is reflective of the true cost of water and rising water development costs in the area. Glenn agreed to update his
resolution and bring it back with the 2019 budget at the November 15 meeting.
Pando Feeder Canal
Diligence Application
Glenn Porzak discussed the diligence application for the Pando Feeder Canal water
right, which was originally donated to Eagle Park Reservoir Company by the
Summary of Authority’s October 25, 2018, Board Meeting Page 2 of 2
Colorado River District. This 1955 water right is diverted at the East Fork Pump
Station and used to fill Eagle Park Reservoir. The board approved Glenn to sign the
diligence application on its behalf.
Amendment to Colorado River
Cooperative Agreement
Glenn Porzak discussed an amendment to the CRCA regarding the Clinton Reservoir Dead storage pool. The CRCA stipulates the addition of a pump to
Clinton Reservoir to allow use of the dead storage pool; however, Winter Park and
Copper Mountain would like to use the pool and accomplish this through a bookkeeping entry. While this does not affect the Authority or District, they are signatories to the CRCA and therefore must approve it, which the Authority board
did unanimously.
Eagle River Valley
(ERV) Mobile Home Park
Dan Godec discussed the history of the ERV mobile home park and ongoing issues
with the park’s available water supply. Dan, with Our Community Foundation, is
working to get the park connected to the Authority’s water supply. He discussed involved partners in this effort and the contributions committed, including impact fees, the cost to physically connect the systems, and some of Eagle County’s Eagle
Park Reservoir water. Discussion ensued regarding the details of this
Joint Meeting with
ERWSD re Colorado River Matters
Eric Kuhn, retired GM of the Colorado River District, and Chris Treese, current River District external affairs manager, presented information on the Colorado River
current conditions in addition to the history of the river and its various agreements to present. Water levels in Lakes Powell and Mead are at historic lows, leading upper and lower basin states to work on drought contingency plans to address future
shortages.
1 Planning & Zoning Commission Meeting Abstract Tuesday, November 6, 2018
Planning & Zoning Commission
Meeting Abstract
Tuesday, November 6, 2018
I. Call to Order – The meeting was called to order at 5:00pm.
II. Roll Call - All Commissioners were present.
III. Additions & Amendments to the Agenda – There were no additions to the agenda.
IV. Conflicts of Interest – No conflict of interest were disclosed.
V. Major Design and Development Plan – CONTINUED PUBLIC HEARING - 4050 Wildridge Road East D
File: MJR18010
Legal Description: Lot 39 D, Block 4 Wildridge Subdivision
Applicant: RAL Architects
Owner: 5032-5040 Wildridge LLC
Summary: New single-family home accessed from a shared driveway through duplex lots 39A
and 39B.
Action: Commissioner Golembiewski motioned to approve the application with the following
findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design
standards established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that
the application complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive
Plan;
5. The demand for public services or infrastructure exceeding current capacity is
mitigated by the application; and
6. The design relates the development to the character of the surrounding community;
Conditions:
1. An irrigation plan complying with AMC will be presented before a building permit will
be issued;
2. The successful completion of all ERWSD requirements shall be verified before a
building permit will be issued;
3. The retaining wall design is required to be stamped by a licensed engineer and
approval of that design is required by the project geotechnical engineer; and
4. Drainage easements are required to be presented during subdivision.
Commissioner Howell seconded the motion and it carried unanimously 7-0.
VI. Major Design and Development Plan and Alternative Equivalent Compliance - PUBLIC HEARING – 5391
Ferret Lane
2 Planning & Zoning Commission Meeting Abstract Tuesday, November 6, 2018
File: MJR18011
Applicant: Martin Manley Architects
Owner: Siglinda Van Eldik Revocable Trust and Stephen and Kristina Vardaman
Summary: Remodel of a duplex, with an addition on unit A. The deviation from required roof
overhang size requires an Alternative Equivalent Compliance application.
Action: Commissioner Barnes motioned to approve the AEC application with the following
findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review, and §7.16.120 Alternative Equivalent Compliance;
2. The AEC achieves the intent of the roof design standard to the same or better degree
than the subject standard because the smaller overhangs and flatter sections are
consistent with the preexisting forms the building;
3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same
or better degree than the roof design standards, including Policy A.1.5;
4. The AEC results in benefits to the community that are equivalent to compliance with
the roof design standards; and
5. The AEC imposes no greater impact on adjacent properties than would occur through
compliance with the specific requirements of the Avon Development Code.
Commissioner Glaner seconded the motion and it carried unanimously 7-0.
Action: Commissioner Barnes motioned to approve the MJR application with the following
findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design
standards established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that
the application complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive
Plan;
5. There is no extra demand for public services or infrastructure exceeding current
capacity by the application; and
6. The design relates the development to the character of the surrounding community.
Conditions:
1. All disturbed areas will be reseeded with the originally approved native mix grass or
sod;
2. The berm area will be reseeded with native mix grass; and
3. Temporary irrigation systems must be above-ground and shall be removed upon
sufficient vegetation establishment, which shall not exceed one (1) year for ground
cover, two (2) years for shrubs or three (3) years for trees.
Commissioner Glaner seconded the motion and it carried unanimously 7-0
VII. Consent Agenda
A – October 16, 2018 Meeting Minutes
B – Record of Decision: MJR18009 – 4050C Wildridge Road home
3 Planning & Zoning Commission Meeting Abstract Tuesday, November 6, 2018
Action: Commissioner Howell motioned to approve the Consent Agenda. Commissioner
Barnes seconded the motion and it carried unanimously 6-0 with Commissioner
Dammeyer abstaining.
VIII. Staff Updates
Staff approvals:
• 5301A Ferret Lane landscape changes
• 4224 Wildridge Road Evaporative Cooler Screening
• Chapel Square Dumpster Enclosure
IX. Adjourn – The meeting was adjourned at 5:55 pm.