TC Packet 04-09-2019TOWN OF AVON , COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
_______________________________________________________________________________
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 BRENDA TORRES AT 970‐748‐4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
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AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM (SEE AGENDA BELOW)
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3)
1.CALL TO ORDER AND ROLL CALL 4:00
2.WORK SESSION
2.1. OVERVIEW OF TOWN’S OUTSTANDING DEBT (ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT)
(40 MINUTES) 4:00
3.ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING
(MAYOR SMITH HYMES) 5:00
4.ACTION TO RESUME THE COUNCIL PUBLIC MEETING (MAYOR SMITH HYMES) 5:05
5.APPROVAL OF AGENDA
6.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 5:10
*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.
7.PRESENTATIONS
7.1. PROCLAMATION IN APPRECIATION OF SERVICE OF VALERIE BARRY
(ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT) (10 MINUTES) 5:15
7.2. PROCLAMATION IN APPRECIATION OF SERVICE OF WILLIAM GRAY (PLANNING DIRECTOR MATT PIELSTICKER)
(10 MINUTES) 5:25
8.WORK SESSION
8.1. DIRECTION ON AVON LIVE!/LAKE STREET MARKET EVENTS (ACTING TOWN MANAGER PRESTON NEILL)
(20 MINUTES) 5:35
9.ACTION ITEMS
9.1. PUBLIC HEARING RESOLUTION 19‐07, CAPITAL PROJECTS FUND BUDGET AMENDMENT
(ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT) (20 MINUTES) 5:55
9.2. FINDINGS OF FACT AND RECORD OF DECISION FOR MAJOR DEVELOPMENT APPLICATION – LOT 5 RIVERFRONT
SUBDIVISION DUPLEXES (PLANNING DIRECTOR MATT PIELSTICKER) (5 MINUTES) 6:15
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970‐748‐4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
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9.3. FIRST READING ORDINANCE 19‐03 APPROVING CODE TEXT AMENDMENTS FOR INCLUSIONARY HOUSING
REQUIREMENTS AND DEVELOPMENT BONUS (PLANNING DIRECTOR MATT PIELSTICKER) (45 MINUTES) 6:20
9.4. FIRST READING ORDINANCE 19‐01 AMENDING THE AVON MUNICIPAL CODE TO AUTHORIZE FEE WAIVERS AND TAX
EXEMPTIONS FOR AFFORDABLE HOUSING PROJECTS (TOWN ATTORNEY ERIC HEIL) (45 MINUTES) 7:05
9.5. CONSENT AGENDA (5 MINUTES) 7:50
9.5.1. ACTION ON HAHNEWALD BARN PHASE I PROJECT (ACTING TOWN MANAGER PRESTON NEILL)
9.5.2. APPROVAL OF TOWN MANAGER EMPLOYMENT AGREEMENT WITH ERIC HEIL
(ACTING TOWN MANAGER PRESTON NEILL)
9.5.3. APPROVAL OF RETAINER AGREEMENT FOR INTERIM TOWN ATTORNEY SERVICES WITH HOFFMAN, PARKER,
WILSON, & CARBERRY, P.C. (ACTING TOWN MANAGER PRESTON NEILL)
9.5.4. APPROVAL OF RESOLUTION 19‐04 APPROVING 2019 SPECIAL EVENTS
(ACTING TOWN MANAGER PRESTON NEILL)
9.5.5. AUTHORIZATION FOR MAYOR SMITH HYMES TO SIGN A LETTER OF SUPPORT TO SENATOR MICHAEL
BENNET AND REPRESENTATIVE JOE NEGUSE REGARDING THE COLORADO OUTDOOR RECREATION AND
ECONOMY ACT (ACTING TOWN MANAGER PRESTON NEILL)
9.5.6. APPROVAL OF WATER MAIN BILL OF SALE TO EAGLE RIVER WATER AND SANITATION DISTRICT FOR
NOTTINGHAM ROAD SIDEWALD PROJECT (PROJECT ENGINEER JIM HORSLEY)
9.5.7. RESOLUTION 19‐09 APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT‐OF‐WAY EASEMENT AND
TRENCH, CONDUIT, AND VAULT AGREEMENT ON TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION
(TOWN ENGINEER JUSTIN HILDRETH)
9.5.8. APPROVAL OF MINUTES FORM MARCH 12, 2019 REGULAR COUNCIL MEETING
(ACTING TOWN CLERK BRENDA TORRES)
9.5.9. APPROVAL OF MINUTES FORM MARCH 15, 2019 SPECIAL COUNCIL MEETING
(ACTING TOWN MANAGER PRESTON NEILL)
9.5.10. APPROVAL OF MINUTES FORM MARCH 20, 2019 SPECIAL COUNCIL MEETING
(ACTING TOWN MANAGER PRESTON NEILL)
10.WRITTEN REPORTS
10.1. UPDATE ON AVON’S OPPORTUNITY ZONE DESIGNATION (ACTING TOWN MANAGER PRESTON NEILL)
10.2. ZAGSTER BIKE SHARE PROGRAM UPDATE (MOBILITY DIRECTOR EVA WILSON)
10.3. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
10.4. ABSTRACTS FROM MARCH 19, 2019 AND APRIL 2, 2019 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
10.5. UPPER EAGLE REGIONAL WATER AUTHORITY MARCH 28, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970‐748‐4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
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11.MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 7:55
12.EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO
NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24‐6‐
402(2)(E) CONCERNING A PROPOSED SPECIAL EVENT.
13.ADJOURNMENT 8:10
_________________________________________________________________________________________________________________________________________________________________________________________________________
*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, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 9, 2019
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
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970‐748‐4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
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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.PUBLIC HEARING FOR NEW HOTEL AND RESTAURANT LIQUOR LICENSE
4.1. APPLICANT NAME: D & D INC D/B/A PHO BAY
LOCATION: 101 FAWCETT ROAD UNITS 180, 185 AND LCE UNIT 112
TYPE: HOTEL AND RESTAURANT LIQUOR LICENSE
MANAGER: DENNY DUONG
ACTION: RESOLUTION NO. 19‐01
5.APPROVAL OF THE MINUTES FROM FEBRUARY 26, 2019 MEETING
6.WRITTEN REPORT
6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
7.ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairwoman Smith Hymes called the meeting to order at 5:01 p.m. A roll call was taken and Board
members present were Amy Phillips, Scott Prince, Jennie Fancher, Chico Thuon, Tamra N. Underwood, and
Jake Wolf. Also present were Town Attorney Eric Heil, Police Chief Greg Daly, Planning Director Matt
Pielsticker, Finance Director Scott Wright, Human Resources Director Lance Richards, Town Engineer
Justin Hildret, Acting Town Manager Preston Neill and Secretary Brenda Torres.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
No public comments were made.
4. RENEWAL OF LIQUOR LICENSES
4.1. APPLICANT: MILLERS BOTTLE SHOP LLC D/B/A JOE’S LIQUORS
LOCATION: 1060 W. BEAVER CREEK BLVD. #1B
TYPE: LIQUOR STORE LICENSE
MANAGER: BILL HOLM
Chairwoman Smith Hymes opened the public hearing and no comments were made. Manager Bill Holm
was present to answer any questions.
Board member Fancher moved to moved to approve the renewal application for Millers Bottle Shop LLC
d/b/a Joe’s Liquors. Board member Wolf seconded the motion and it passed unanimously by those
present.
5. APPROVAL OF THE MINUTES FROM FEBRUARY 12, 2019 MEETING
Board member Fancher moved to appove the minutes from February 12, 2019, Liquor Authority Meeting.
Board member Underwood seconded the motion and it passed unanimously by Board members present.
6. ADJOURNMENT
There being no further business to come before the Board, Board member Underwood moved to adjourn
the liquor meeting. Board member Fancher seconded the motion and it passed unanimously by Board
members present. The time was 5:06 p.m.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 2
RESPECTFULLY SUBMITTED:
____________________________________
Brenda Torres, Secretary
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips ___________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Jennie Fancher ________________________________
Scott Prince ________________________________
Tamra Underwood ________________________________
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Liquor Licensing Authority Secretary
Date: April 9, 2019
Topic: REPORT ON RECENT ADMINISTRATIVE APPROVALS
SUMMARY:
The Town’s local liquor licensing regulations 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. Requirements for
administrative approval include that the application is complete, there is no criminal activity on the
background and there are no liquor code violations during the last year. 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. The Town Clerk is required to report administrative approvals,
which is the reason for this written report. Dating back to February 12, 2019, the Town has received three
Liquor License Renewal Applications that have met all the requirements for administrative review and
approval and were ultimately approved by the Town Clerk. They are as follows:
Applicant: Pho 20 LLC d/b/a PHO 20
Location: 47 E. Beaver Creek Blvd
Type: Hotel & Restaurant
Manager: Cong Hoang
Applicant: China Garden Inc d/b/a China Garden
Location: 100 W Beaver Creek Blvd #125
Type: Hotel & Restaurant
Manager: Sharon Mou
Applicant: Vistana Colorado Management Inc d/b/a Sheraton Mountain Vista
Location: 160 W Beaver Creek Blvd
Type: Hotel & Restaurant
Manager: David Weiss
Town of
Avon Debt
Management
Types of Municipal Debt
Unlimited General Obligation Bonds (GO Bonds)
State or local government bonds backed by the credit
and taxing power of the issuing jurisdiction.
Typically used to raise funds for projects that will not
provide direct sources of revenue, e.g. roads, municipal
facilities, etc.
In Colorado, GO debt must be authorized by vote
Generally tax exempt with lower interest rates
For investors, GO Bonds generally carry the highest credit
ratings and lowest investment risk of any debt
Types of Municipal Debt
Revenue Bonds
Municipal bonds secured by specific income or revenue
stream of the issuer,e.g. sales tax, utility fees and
charges, tax increment.
In Colorado, revenue bonds may be issued by a TABOR
qualified enterprise without voter approval. Otherwise
must be authorized by vote.
Inherently carry higher risk. May be required to carry a
reserve fund.
Credit rating based on issuer’s ability to pay back interest
and principal based on the income produced.
Types of Municipal Debt
Certificates of Participation
COPs are financial instruments (a form of financing)
evidencing a pro rata share (participation)in a specific
pledged revenue stream,usually lease payments,that
are typically subject to annual appropriation.
In a typical COP financing,the Town enters into a Site
Lease and a Lease Purchase Agreement with a Trustee,
typically a bank.The Trustee acquires a leasehold
interest in the Site (The Leased Property)by leasing the
Site from the Town pursuant to the Site Lease.The Trustee
then leases the Site back to the Town pursuant to the
Lease-Purchase Agreement.
The lessor or Trustee,holds title to the property,collects
the lease payments from the Town,and makes the
payments to the certificate holders.
Types of Municipal Debt
Certificates of Participation
The Colorado Supreme Court has ruled that COPs are not
considered a form of long-term debt and thus do not
require prior voter approval.
The Courts have concluded that lease-purchase
agreements for buildings and other improvements in
which the parties are not bound to renew the lease
annually do create a debt or other financial obligation in
the constitutional sense.
Town of Avon Debt
2013 Avon URA Tax Increment Revenue Bonds
2017 Avon URA Tax Increment Revenue Bonds
2010 Certificates of Participation
2014B Certificates of Participation
2016 Certificates of Participation
Capital Lease Obligations
2013 Avon URA Tax Increment
Revenue Bonds
Amount Issued -$6,825,000
Interest Rate –3.52%
Term –15 years
Remaining Balance -$4,985,000
Direct Placement with Branch Bank & Trust
Issued on December 2, 2013 to payoff remaining
Vectra Bank loan from 2009 of $6,295,000 and to fund
the construction of Possibilities Plaza and east end of
Main Street.
2017 Avon URA Tax Increment
Revenue Bonds
Amount Issued -$3,000,000
Interest Rate –2.90%
Term –15 years
Remaining Balance -$2,664,283
Direct Placement with Alpine Bank
Issued on January 5, 2017 to finance tenant
improvements at New Town Hall
2010 Certificates of Participation
Amount Issued -Refunding $3,680,000, New Money
$3,000,000
Interest Rate –2.00% -5.00%
Term –20 years
Remaining Balance -$4,595,000
Underwritten by Piper Jaffrey
Issued on November 16, 2010 to refund outstanding
1998 Certificates and issue $3,000,000 in new money to
finance the matching funds for the ARTF building.
Fleet Maintenance facility is the security.
2014B Certificates of
Participation
Amount Issued -$3,800,000
Interest Rate –3.03%
Term –15 years
Remaining Balance -$2,940,000
Direct Placement with Branch Bank & Trust
Issued on January 14, 2015 to finance street
improvements. Old Town Hall originally used as
security. New Town Hall replaced as security in 2018.
2016 Certificates of Participation
Amount Issued -$6,300,000
Interest Rate –2.00% -4.00%
Term –19 years
Remaining Balance -$6,005,000
Approved by Voters
Underwritten by Piper Jaffrey
Issued on August 2, 2016 to finance construction of the
joint public safety facility.
Capital Lease Obligations
2014 Master Lease –US Bancorp
Amount Issued -$170,246 for Plow Truck
Interest Rate 2.10%
Remaining Balance -$76,019
2017 Master Lease –Commerce Bank
Amount Issued -$355,818 for Electrician Lift Truck and
Plow Truck
Interest Rate –2.35%
Remaining Balance -$308,460
2018 Master Lease –Commerce Bank
Amount Issued -$258,258 for Solar Photovoltaic System
Remaining Balance -$241,758
Credit Rating
Moody’s Investors Service has issued the Town a Aa2 Rating
Credit Overview: The credit position for Avon is very strong, and its Aa2 rating is slightly above the median rating of Aa3 for cities nationwide. The notable credit factors include a robust financial position, no pension liability and a manageable debt burden. The credit position also reflects a sizable tax base and an adequate wealth and income profile.
Finances: The Town has a very healthy financial position, which is relatively strong in comparison to the assigned rating of Aa2. Cash balance as a percent of operating revenues (35.1%) approximates the US median. Furthermore, fund balance as a percent of operating revenues (34.9%) is consistent with other cities nationwide.
Credit Rating
Debt and Pensions: Overall, Avon's debt burden is
exceptionally light and is a credit strength in relation to
town's Aa2 rating. Net direct debt to full value (1.1%) is
consistent with the US median, and rose modestly from
2013 to 2017. The town offers its employees a defined
contribution retirement plan and has no unfunded
pension liability.
Statistical information
Legal Debt Limit
General Obligation Debt
25% of Assessed Valuation
Limit in 2017 -$48,495,645
2017 Debt Per Capita –$3,535
OFFICIAL PROCLAMATION
TOWN OF AVON, COLORADO
A PROCLAMATION HONORING VALERIE BARRY
FOR HER YEARS OF SERVICE
WHEREAS, Valerie Barry began her distinguished career with the Town of Avon on October 12,
1982; and
WHEREAS, Valerie has been responsible for a myriad of jobs during her career at the Town and
has worked her way up through the organization to become Finance Manager of the Town's Finance
Department; and
WHEREAS, during these thirty-six years she has been a leader and mentor to the accounting staff
of the Finance Department; and
WHEREAS, Valerie has always been known as a great team player with a commitment to service
to both Town of Avon citizens and fellow employees; and
WHEREAS, Valerie has been instrumental in the Finance Department's twenty-six consecutive
annual awards of Achievement for Excellence in Financial Reporting; and
WHEREAS, Valerie's daily presence will be deeply missed by her co-workers in the Finance
Department who have benefitted from her knowledge, experience and friendship during the past thirty-
six years.
NOW, THEREFORE BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, AS FOLLOWS:
By virtue of Valerie M. Barry’s years of dedication and service to the Town of Avon and its citizens, we,
the Avon Town Council, proclaim April 9, 2019, as “VALERIE BARRY DAY”, in the Town of Avon, Colorado,
and urge all Avon citizens to congratulate and thank Valerie for her public service.
PROCLAIMED THIS 9th day of April 2019
TOWN OF AVON
BY: ATTEST:
________________________________ ____________________________________
Sarah Smith Hymes, Mayor Brenda Torres , Town Clerk
OFFICIAL PROCLAMATION
TOWN OF AVON, COLORADO
A PROCLAMATION HONORING WILLIAM (“WILLEY”) GRAY
FOR HIS YEARS OF SERVICE
WHEREAS, William Gray has served as the Chief Building Official for the Town of Avon since June
21, 2002, and has provided invaluable leadership representing the building industry for the Community
Development Department; and
WHEREAS, Willey has worked tirelessly over the last 17 years with fire prevention officials,
architects, engineers, builders, tradespeople, laborers and others in the construction industry to
accomplish the safe construction of buildings in the Town of Avon; and
WHEREAS, Willey’s continuing efforts to address the critical issues of safety, energy efficiency,
water conservation and sustainability in the built environment allows Avon’s citizens to enjoy structures
that are safe, sound, and sustainable; and
WHEREAS, Willey navigated the Town through 3 successful building code amendment and
adoption processes in 2003, 2009, and 2015; and
WHEREAS, Willey has provided plan review, building inspections, and oversight of
numerous noteworthy projects in Avon including Home Depot, Wal‐mart, Traer Creek Plaza,
Buffalo Ridge Apartments, Sheraton Mtn Vista, Wyndham, Westin, Timeshare West, Mobility
Center, Walgreens, Northside, Walking Mountains Campus, Buck Creek Medical, Joint Public Safety,
Town Hall, and countless other residential, addition, and tenant finish permits;
NOW, THEREFORE BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, AS FOLLOWS:
By virtue of Willey’s commitment to building safety and dedication we, the Avon Town Council, proclaim
April 10, 2019, as “WILLEY GRAY DAY”, in the Town of Avon, Colorado, and urge all Avon citizens to
congratulate and thank Willey for his years of service to the Town.
PROCLAIMED THIS 9th day of April 2019
TOWN OF AVON
BY: ATTEST:
________________________________ ____________________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Acting Town Manager
Date: April 9, 2019
Topic: DIRECTION ON AVON LIVE!/LAKE STREET MARKET EVENTS
ACTION BEFORE COUNCIL:
Council is asked to provide direction on the Avon LIVE!/Lake Street Market events that are slated to take
place this summer.
BACKGROUND:
Town staff has been working to put a plan in place for producing the Avon LIVE!/Lake Street Market
events in‐house, without a producer. Staff is well on its way to firming up all of the elements of the Avon
LIVE! Concert Series, including retaining the services of a talent buyer to book bands. Moving forward
with the Lake Street Market would require additional administrative work by the Town and would likely
require additional direct staffing or contracting staff for the summer. Over the last week, several
concerns have been voiced by members of staff and Council about proceeding with the Lake Street
Market. The concerns have revolved around the Town’s ability to put on a successful market with short
notice and limited resources, in a valley that is already saturated with established markets.
Staff is seeking direction from Council about whether to proceed with the Lake Street Market
component as we attempt to “own” Wednesday nights this summer. It’s important to keep in mind that
the Avon LIVE! Concert Series is an already established Wednesday evening music series and will feature
beer and wine sales in addition to fresh and unique foods from food trucks.
Last fall, the Ad Hoc Special Event Committee recommended an award of $100,000 for the Avon
LIVE!/Lake Street Market series, which was subsequently approved by Council when the 2019 Budget
was adopted. Currently, there are eight Avon LIVE!/Lake Street Market events scheduled this summer
and one market event that would be paired with Dancing in the Park. Approximately $64,000 is
allocated to the Avon LIVE! events ($8,000/event) and $36,000 is allocated to the market events
($4,000/event). The budget for these events will be adjusted accordingly depending on Council’s
ultimate direction.
Once staff receives Council’s direction, staff will finalize a plan and send it to Council in the coming
weeks.
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Scott Wright, Asst. Town Manager
Meeting Date: April 9, 2019
Topic: RESOLUTION 19-07 TO AMEND THE 2019 CAPITAL PROJECTS FUND BUDGET
ACTION BEFORE COUNCIL
A Capital Projects Fund budget amendment is being presented to Town Council to carryover
unexpended project budgets from 2018 to 2019 in the amount of $2,013,916, and to appropriate an
additional $401,882. In addition, there is a net additional $270,000 in estimated revenues being
recognized.
RECOMMEDED MOTION
“I move to approve Resolution 19-07, A Resolution Amending the 2019 Capital Projects Fund
Budget”.
BACKGROUND
Proposed revisions to previously adopted project budgets include the following:
• New Town Hall - $58,257 for audio-visual, security system completion, glass frosting, sound
cancellation, and one cubicle. Revised New Town Hall project budget is $4,774,516.
• Recycling Center - $7,839 for security cameras. This amount was contributed to the Town
from Eagle County in 2018. Original budget for the project was $15,000. Revised project
budget is $22,839.
• Nottingham Park Pavilion Retractable Door - $83,396. Previously approved on Feb. 12, this
increase recognizes the notice of award for Evans Chaffee Construction to repair leaks in
the stage basement and the installation of steel doors in the back of the stage. Revised
project budget is $322,928.
• 2120 Saddleridge Loop - $11,000 for additional repairs. Original budget approved in 2018
was $50,000. Revised project budget is $61,000.
• Powerline Undergrounding - $80,000. Revised estimate. This project is funded from the
Community Enhancement Fund and will be revised to reflect the additional funds needed
to be transferred due to the length of the lines being undergrounded. Original project
budget was $80,000. Revised project budget is $160,000.
• Riverfront Trail Connector - $10,000. Original project budget was $210,000. Revised project
budget is $220,000.
New projects include the following:
• Avon Station ECO Transit Shelter - $120,000. This project is being managed by the Town of
Avon with all expenses being reimbursed by ECO.
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In addition, the following revisions have been made to estimated revenues:
• Eliminated all Asphalt overlay contributions. $120,000 from Town of Avon General Fund,
$40,000 from Traer Creek Metro District, and $80,000 from developer.
• Revised transfers-in from the Avon URA from $90,000 to $400,000 to reflect funds
available for Tract G projects budgeted in 2019 including the Benchmark Rd. On-street
Parking project and planning for the W. Main St. / 351 Benchmark Rd. sites.
ATTACHMENT
Exhibit A - Resolution 19-07
Exhibit B - Capital Project Fund Summary
2
Res. No. 19-07
April 9, 2019 Page 1 of 2
TOWN OF AVON, COLORADO
RESOLUTION NO. 19-07
A RESOLUTION AMENDING THE 2019 TOWN OF AVON CAPITAL
PROJECTS FUND BUDGET
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2019 Capital Projects Fund budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for 2019; and
WHEREAS, the Town Council finds it necessary to amend the 2019 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2019;
and
WHEREAS, the Town Council has caused to be published a notice containing the
date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during
normal business hours, and that any interested elector of the Town of Avon may file any
objection to the proposed budget amendment at any time prior to the final adoption of the
proposed budget amendment; and
WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the Capital Projects Fund
are revised as follows for 2019:
Adopted or
Previously Amended
2019 Budget
Current
Proposed Amended
2019 Budget
Capital Projects Fund
Beginning Fund Balance
Revenues and Other Sources Expenditures and Other Uses
$ 5,614,158
3,388,750 4,495,697
$ 7,940,477
3,658,750 6,910,115
Ending Fund Balance
$ 4,507,211
$ 4,689,112
EXHIBIT A
Res. No. 19-07
April 9, 2019 Page 2 of 2
Section 2. That the Capital Projects Fund budget, as submitted, amended, and
hereinabove summarized by fund, hereby is approved and adopted as the capital program
budget of the Town of Avon for the year stated above.
Section 3. That the Capital Projects Fund budget as hereby approved and adopted
shall be signed by the Mayor and made part of the public record of the Town.
ADOPTED this 9th day of April 2019.
AVON TOWN COUNCIL
By:______________________________ Attest:________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
EXHIBIT A
Fund Summary
Original or Proposed
Prev. Amend.Revised Difference
Actual Budget Budget Increase
2018 2019 2019 (Decrease)
REVENUES
Taxes 3,621,125$ 2,775,000$ 2,775,000$ -$
Intergovernmental 490,000 40,000 120,000 80,000
Investment Earnings 92,412 43,750 43,750 -
Other Revenue 39,799 80,000 - (80,000)
Total Revenues 4,243,336 2,938,750 2,938,750 -
Other Sources:
Capital Lease Proceeds 258,258 - - -
Transfer In from Other Funds 2,025,000 450,000 720,000 270,000
Total Other Sources 2,283,258 450,000 720,000 270,000
TOTAL REVENUES AND OTHER SOURCES 6,526,594 3,388,750 3,658,750 270,000
EXPENDITURES
Capital Improvements:
Facilities 4,896,180 1,269,000 1,643,700 374,700
Land and Land Improvements 603,350 460,577 784,371 323,794
Roads and Streets 2,933,518 871,000 2,503,265 1,632,265
Water Fund Projects 16,723 321,000 404,659 83,659
Communications and Technology - 125,000 125,000 -
Strategic Planning - - - -
Other - - - -
Debt Service:
Capital Leases 177,490 98,802 98,802 -
Contingency - 100,000 100,000 -
Total Expenditures 8,627,261 3,245,379 5,659,797 2,414,418
Other Uses
Operating Transfer-Out - General Fund 233,117 240,111 240,111 -
Operating Transfer-Out - Debt Service Fund 1,008,354 1,010,207 1,010,207 -
Total Other Uses 1,241,471 1,250,318 1,250,318 -
TOTAL EXPENDITURES AND OTHER USES 9,868,732 4,495,697 6,910,115 2,414,418
NET SOURCE (USE) OF FUNDS (3,342,138) (1,106,947) (3,251,365) (2,144,418)
FUND BALANCE, Beginning of Year 11,282,615 5,614,158 7,940,477 2,326,319
FUND BALANCE, End of Year 7,940,477$ 4,507,211$ 4,689,112$ 181,901$
Fund Balances
Restricted For:
Asphalt Overlay 658,421$ 1,200,000$ 658,421$ (541,579)$
Assigned For:
Town-owned Properties Development Strategies Plan 2,635,081 2,065,081 2,381,096 316,015
Capital Improvement Projects 4,646,975 1,242,130 1,649,595 407,465
Total Fund Balances 7,940,477$ 4,507,211$ 4,689,112$ 181,901$
Capital Projects Fund #41
Supplemental Amendment No. 1
EXHIBIT B
Page 1
Proposed
Adopted Revised Difference
Account Actual Budget Budget Increase
Number Description 2018 2019 2019 (Decrease)
Taxes:
51401 Real Estate Transfer Tax (Base Level)2,978,294$ 2,500,000$ 2,500,000$ -$
51401 Real Estate Transfer Tax (Wyndham Vacation Ownership)636,896 275,000 275,000 -
51304 Penalties and Interest 5,935 - - -
51000 Total Taxes 3,621,125 2,775,000 2,775,000 -
Intergovernmental:
Federal / State:
GOCO Grant (Playground)350,000 - - -
53402 Colorado Health Foundation (Fitness Court)140,000 - - -
Local Government / Other:
Eagle County (Avon Station ECO Transit Shelter project)- - 120,000 120,000
Asphalt Overlay Contributions - TCMD - 40,000 - (40,000)
53000 Total Intergovernmental 490,000 40,000 120,000 80,000
Investment Earnings:
57101 Interest Earnings 81,666 43,750 43,750 -
57102 Net Increase in the Fair Value of Investments 10,746 - - -
57000 Total Investment Earnings 92,412 43,750 43,750 -
Other Revenues:
58207 Miscellaneous Refunds 28,121 - - -
58213 Project Cost Reimbursements 2,780 - - -
58214 Asphalt Overlay Contributions - Developer - 80,000 - (80,000)
58999 Nonclassified Revenues 8,898 - - -
58000 Total Other Revenues 39,799 80,000 - (80,000)
Revenue Detail
Capital Projects Fund #41
Supplemental Amendment No. 1
EXHIBIT B
Page 2
Proposed
Adopted Revised Difference
Account Actual Budget Budget Increase
Number Description 2018 2019 2019 (Decrease)
Revenue Detail
Capital Projects Fund #41
Supplemental Amendment No. 1
Other Sources:
Transfer In from General Fund:
59201 Unassigned General Fund Balance 480,000 - - -
59201 Asphalt Overlay - 120,000 - (120,000)
Transfer In from Avon URA:
59201 New Town Hall Tenant Finish 1,420,000 - - -
59201 Tract G Projects - 90,000 400,000 310,000
Transfer In from Community Enhancement Fund:
59201 2019 Powerline Undergrounding - 80,000 160,000 80,000
Transfer In from Water Fund:
59201 Nottingham Rd. Debris Flow Study and Improvements 125,000 160,000 160,000 -
59304 Capital Lease Financing 258,258 - - -
59000 Total Other Sources 2,283,258 450,000 720,000 270,000
50000 TOTAL REVENUES 6,526,594$ 3,388,750$ 3,658,750$ 270,000$
EXHIBIT B
Page 3
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2017 and Year-end Current Revised Estimated Difference
Account Prior Actuals Budget Budget Project-to-Date Increase
Number Description Actuals 2018 2019 2019 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Facilities:
General Government Facilities:
11012 New Town Hall 262,088 4,437,428 25,000 75,000 4,774,516 4,716,259 4,774,516 58,257
11017 Fiber - PSF to NTH 43,647 58,710 - - 102,357 135,275 135,275 -
Joint Public Safety Facility Project:
12004 Construction 6,390,304 22,294 - - 6,412,598 6,320,855 6,320,855 -
Transportation Facilities:
14015 ARTF Door Repairs 13,137 9,284 - 19,442 41,863 55,000 55,000 -
14016 ARTF Solar Panels - 215,750 - 42,508 258,258 325,000 325,000 -
14017 Avon Station ECO Transit Shelter Project - - - 120,000 120,000 - 120,000 120,000
Cultural and Recreational Facilities:
15018 Nottingham Park Pavilion - Retractable Door 7,303 24,925 200,000 290,700 322,928 239,532 322,928 83,396
15019 Nottingham Park Pavilion - Deck Railing - - 15,000 15,000 15,000 15,000 15,000 -
Other Facilities:
19004 Recycling Center, Lot 5 - 21,774 9,000 1,065 22,839 15,000 22,839 7,839
19005 2120 Saddle Ridge Loop (Fire Station) Improve.- - 50,000 61,000 61,000 50,000 61,000 11,000
Town-owned Properties Program:
15020 Recreaton Center Weight Room Expansion - - 500,000 500,000 500,000 500,000 500,000 -
Hahnewald Barn:
19003 Predesign / Feasibility Study - 106,015 - 28,985 135,000 135,000 135,000 -
Tract G / Urban Renewal Fund Projects:
32029 Benchmark Rd. On-street Parking - - 420,000 440,000 440,000 440,000 440,000 -
32030 Planning - W. Main Street / 351 Benchmark - - 50,000 50,000 50,000 50,000 50,000 -
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41
Supplemental Amendment No. 1
EXHIBIT B
Page 4
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2017 and Year-end Current Revised Estimated Difference
Account Prior Actuals Budget Budget Project-to-Date Increase
Number Description Actuals 2018 2019 2019 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41
Supplemental Amendment No. 1
Land and Land Improvements:
21016 Nottingham Park Zone C Improvements - Playground 329,386 422,230 - 20,000 771,616 872,266 872,266 -
21022 Eagle River Whitewater Park Repair 6,720 24,670 - 190,000 221,390 190,000 221,390 31,390
21024 Nottingham Park Light Upgrade 110,905 10,600 185,000 190,000 311,505 310,000 310,000 -
21027 O'Neil Spur Park Improvements Design - - - 20,000 20,000 20,000 20,000 -
21051 Nottingham Park Fitness Court - 145,850 55,577 64,371 210,221 210,221 210,221 -
21052 Beach Bathroom Vaults - - 50,000 50,000 50,000 50,000 50,000 -
21053 Resurface Pickleball Courts - - 50,000 50,000 50,000 50,000 50,000 -
21054 Wildland Fire Mitigation - - 40,000 40,000 40,000 40,000 40,000 -
21055 Powerline Undergrounding - - 80,000 160,000 160,000 80,000 160,000 80,000
Roads and Streets:
Streetscape Improvements
31023 Metcalf Road - Retaining Wall Stabilization - - - - 20,000 100,000 100,000 -
31028 Post Blvd. Irrigation Wet Well - - - - 45,000 45,000 45,000 -
31029 Wayfinding Signage 34,642 8,549 - 40,954 84,145 84,145 84,145 -
31030 Mall Activation Signage - - - 30,000 30,000 30,000 30,000 -
31031 Avon Rd./I70 Overpass Aesthetics Improvements - 8,245 50,000 50,000 58,245 270,000 270,000 -
Annual Street Maintenance and Repair:
32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd - - - 50,000 50,000 50,000 50,000 -
32027 East B/C Blvd. Repair (Asphalt Overlay Funds)- 59,579 - - 59,579 - - -
33102 2018 Microsurface Project - 205,229 - - 205,229 250,000 250,000 -
33103 Annual Paving/Road Improvements - - 300,000 - - 300,000 - (300,000)
33219 Annual Guard Rail Improvements - - 40,000 40,000 40,000 40,000 40,000 -
34034 Nottingham Rd. Paving 664,044 304,437 - - 968,481 1,097,500 1,097,500 -
Nottingham Rd. Paving - - - 300,000 300,000 - 300,000 300,000
EXHIBIT B
Page 5
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2017 and Year-end Current Revised Estimated Difference
Account Prior Actuals Budget Budget Project-to-Date Increase
Number Description Actuals 2018 2019 2019 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41
Supplemental Amendment No. 1
Street Improvements
32021 West B/C Blvd. RR Crossing Improvements 9,831 21,790 200,000 200,000 231,621 231,621 231,621 -
Multi-Modal/Alternative Mobility:
34033 East and West B/C Blvd. Street Rebuild 198,943 2,314,992 - 1,512,008 4,025,943 4,025,943 4,025,943 -
Recreational Trails Program:
34030 Trail improvements 2,600 - 71,000 71,000 73,600 73,600 73,600 -
34037 Riverfront Trail Connector - 10,697 210,000 209,303 220,000 210,000 220,000 10,000
Water Fund Projects:
21026 Nottingham Rd. Debris Flow Improvements and Water Q 24,618 16,723 300,000 383,659 425,000 425,000 425,000 -
21028 E. Stormwater Quality Vault - - 21,000 21,000 21,000 231,000 231,000 -
Communications and Technology:
81011 Broadband / WiFi - - 125,000 125,000 125,000 125,000 125,000 -
Total Capital Improvement Projects 8,098,168$ 8,449,771$ 3,046,577$ 5,460,995$ 22,073,934$ 22,408,217$ 22,810,099$ 401,882$
EXHIBIT B
Page 6
WRITTEN REPORT
To: Mayor Sarah Smith Hymes & Avon Town Council
From: Matt Pielsticker, Planning Manager
Date: April 9, 2019
Topic: FINDINGS OF FACT AND RECORD OF DECISION FOR MAJOR DEVELOPMENT APPLICATION
LOT 5 RIVERFRONT SUBDIVISION DUPLEXES
SUMMARY
On February 26, 2019, the Town Council acted to approve a development plan application for new
development in Riverfront Subdivision. According to Avon Development Code Section 7.16.020(f)(3),
Findings, the Council shall adopt written findings that document the decision. During the public hearing,
findings and conditions were made part of the motion for approval. Staff recommends the Council
approve the attached Findings of Fact and Record of Decision to complete this land use file.
ATTACHMENT
Findings of Fact and Record of Decision
Lot 5 Riverfront Subdivision
Findings of Fact and Record of Decision: #MJR19001 Page 1 of 1
AVON TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
ON MAJOR DEVELOPMENT PLAN APPLICATION
FOR TWO DUPLEXES ON LOT 5, RIVERFRONT
SUBDIVISION
DATE OF PUBLIC HEARING:
APPLICATION TYPE:
FILE NUMBER: PROPERTY
LOCATION:
APPLICANT/OWNER:
February 26, 2019
Major Development Plan
#MJR19001
Lot 5 Riverfront Subdivision
East West Resort Development XIV, L.P., L.L.L.P.
These findings of fact and record of decision for the Major Development Plan application
("Application") is made in accordance with the Avon Development Code ("Development Code")
§7.16.020(f):
MAJOR DEVELOPMENT PLAN: The Avon Town Council hereby approves the Application for
Lot 5 Riverfront Subdivision ("Property"), with the following Findings and Conditions:
FINDINGS:
1.The application was reviewed pursuant to Avon Development Code §7.16.080(f),
Development Plan, §7.16.090(f), Design Review; and
2.The application meets the findings required by the Avon Development Code, the design standards
established in the Avon Development Code, and the Riverfront PUD Design Standards; and
3.The application is in substantial compliance with the findings required by the Development Code
§7.04.030, Purposes, including subsections (a) – (p).
CONDITIONS: Approval of the Application is subject to performance, satisfaction and completion of
the following conditions:
1.Temporary irrigation systems must 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;
2.A satisfactory irrigation plan that achieves silver or better LEED standards, and demonstrates square footage
coverage and hydrozones shall be presented to staff and approved prior to a building permit;
3.A stormwater quality plan will be approved by staff before issuing a building permit;
4.No trees beyond those indicated on the landscape plan will be removed without the approval of the Town, and
special efforts will be made to preserve existing vegetation; and
5.A lighting spec sheet is required for confirmation of AMC requirements.
APPROVED BY MOTION on April 9, 2019.
AVON TOWN COUNCIL
By: Attest:
Sarah Smith-Hymes, Mayor Brenda Torres, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: David McWilliams, AICP, Town Planner
Matt Pielsticker, AICP, Planning Director
Date: April 9, 2019
Topic: PUBLIC HEARING and FIRST READING OF ORDINANCE 19‐03, APPROVING
AMENDMENTS TO TITLE 7 OF THE AVON MUNICIPAL CODE, FOR INCLUSIONARY
ZONING AND DEVELOPMENT BONUS REGULATIONS
ACTION BEFORE COUNCIL
Before Council is action on First Reading of Ordinance 19‐03, approving amendments to Title 7 of the
Avon Municipal Code for Inclusionary Zoning and Development Bonus Regulations.
AVAILABLE ACTIONS
‐ Continue 1st Reading of Ordinance 19‐03 to a future meeting, pending additional information. This
would allow for a discussion and direction to return with additional information.
‐ Approve 1st Reading of Ordinance 19‐03, thereby setting a public hearing date of April 30, 2019.
RECOMMENDED MOTION
“I move to approve first reading of Ordinance 19‐03, setting a final reading and public hearing date of
April 30, 2019.”
CODE TEXT AMENDMENT PROCESS
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: The amendments are timely in addressing the housing needs of the Town and the
greater Eagle County community, a condition that seems to be getting more pressing. They promote
the health, safety and welfare of the community by linking new job generation to the provision of
housing. They implement the goals and policies of the Comprehensive Plan, specifically “Achieve a
diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of
the population,” “Coordinate with neighboring communities to provide an attainable housing program
that incorporates both rental and ownership opportunities, affordable for local working families,” and the
Avon Community Housing Plan (ACHP). They conform to the Development Code purposes, specifically
(n), “Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the
Town, provides a range of housing types and price points to serve a complete range of life stages and
promotes a balanced, diverse and stable full time residential community which is balanced with the visitor
economy.”
SUMMARY OF MARCH 12, 2019 TOWN COUNCIL MEETING
The March 12, 2019 presentation and meeting materials focused on the background, supporting
documents, scope, applicability, and potential impacts. Specific elements of proposed code were
highlighted to spur discussion and individual members of Town Council gave feedback for various parts
of the proposed language. Below is a list of those points, with staff comments.
Difference between Eagle County worker and a Telecommuter
Staff contacted George Ruther, Housing Director with the Town of Vail, to inquire about how the recent
Chamonix housing development addressed this question. For that project, Vail enforces employment
with a local business. For the rest of Vail, “The Town does permit telecommuting, sort of, but not
entirely, yet. We do have residents in deed restricted housing that receive a pay check from an out of
town parent company, but all of their work is local and servicing the local community. For example, this
exists in Vail in certain health care positions and several technology positions. Again, the pay check may
be coming from Atlanta, however, all the service being provided is local. By contrast, we would not
permit a hedge fund manager to work in Vail, get a pay check from New York, and provide all their
services to a firm on Wall Street.” Staff feels that the regulations as presented would allow the same
type of employment profile as Vail uses in their deed restricted housing. In the future, individual housing
projects may merit additional considerations that limit or expand allowances for telecommuters.
Additional definitions
Staff included the following definitions in the definitions section of Chapter 7: property management;
residential use; community housing (Attachment 1). The community housing definition is the same as
the one proposed in Ordinance 19‐01, Community Housing Incentives.
Code currently includes the following definition that would apply to the Jobs Generated portion of Table
7.20‐14, Lodge/Hotel of .8 per room: “Hotel, motel and lodge means a building, excluding bed and
breakfast, containing any room or group of rooms used primarily for short‐term transient lodging for a
total continuous duration of less than thirty (30) days and which may include accessory uses, such as
offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting
rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges.”
Subdivision regulations
Subdivision regulations are not currently proposed in the Code Text Amendment (CTA) because the
proposed language adequately captures the perceived needs of the town, and staff suggests keeping
the language as proposed. Development application submittal is the appropriate timing since that is
when details of a new development application are finalized for review.
Multifamily Employee Generation Rate
Staff proposed a Multifamily Employee Generation Rate of .33 employees per dwelling unit. This was
“ripped” from Telluride’s development code. Staff reached out to planning staff in Telluride and learned
that the number is based on a 1994 nexus study, similar to the 2008 study conducted in Eagle County.
While Telluride has been using this number for 25 years, their planning staff could not find the original
document or confirm the exact scope (number of communities sampled) for the study.
Relevance of the 2008 Eagle County Nexus/ Proportionality Analysis for Commercial
Development/ Workforce Housing Linkage
While there are no industry standards on how up‐to‐date studies must be, in practice they are typically
updated when new fees are being significantly altered or when new linkage programs are being
enacted. Staff reached out to the Tori Franks (Valley Home Store), Willa Williford (independent
consultant), and Melanie Rees (independent consultant), to provide feedback about the current study
and the possibility of updating the study. When the Eagle County Housing Needs Assessment was
updated last year, 53 local employers responded to the survey questions. Connecting this updated data
to the larger data set from the 2008 Eagle County Nexus/Proportionality Analysis for Commercial
Development would allow for the team to examine rates by type of employment. A residential rate may
also be possible to produce.
Eagle County is interested in partnering to update the study if the Council so desires. Staff is still working
with the County and the consultants to determine the scope, timeframe (roughly 3 months), and
potential costs (roughly $10,000), which could be split 50/50 with Eagle County. Alternatively, staff
could spearhead a project that surveys only Town of Avon businesses (instead of an enlarged sample
from multiple mountain communities) to get smaller scale estimate of the commercial linkage
equivalents but could probably not independently produce an accurate residential rate.
Single Family and Duplex Regulations
The current CTA excludes housing developments of less than three (3) dwelling units to limit the impact
on the primarily residential neighborhoods. There are few parcels zoned for single family or duplex that
have yet to develop in Avon. If desired, staff could present an updated CTA that requires a fee‐in‐lieu
for new development, redevelopment, and additions.
Staff analyzed some recently approved developments in the Town of Avon according to Employee
Equivalent requirements in Telluride and Aspen (and using the fee‐in‐lieu potentially to be adopted by
Avon, at 100% AMI) to illustrate different options that have been used. Avon’s Equivalent was calculated
as if the .33 employees generated per residential dwelling unit applied to single family dwellings, and it
would not be possible to account for additions. Telluride calculates an employee equivalent based on a
logarithmic scale thus increasing the number of equivalents per square feet as the size increases. That
is, a large house is expected to generate more employees per square foot than a small one. Aspen has
a mitigation per 1,000 square feet of floor area and the rate rises after 4,500 square feet. With these
protocols, building additions could also be subject to inclusionary zoning regulations, as opposed to a
simple dwelling unit count.
These protocols are not proposed specifically, and staff suggests that if Town Council wishes to include
developments with less than three (3) units, a measure thereby exempting houses under a certain size
(perhaps 4,000 square feet) from the regulations, and then a scale that imposes fees per square feet
should be used. No changes to the Ordinance have been made and staff seeks guidance on these
potential changes.
Avon
Equivalent
Telluride
Equivalent
Aspen
Equivalent
2177 Saddle Ridge (3592 SF) 1,446$ 32,501$ 30,214$
465 Paintbrush (10912 SF) 1,446$ 186,953$ 159,205$
Bear Trap Remodel (4293 to
5657 SF)‐$ 14,216$ 23,638$
Government Inclusion in requirements – Who is exempt?
Staff updated the language to represent a more realistic view of valley needs. All government entities
are constructing things for a public purpose, and Town should not burden that objective. Community
Housing projects are not exempt, because they would presumably have deed restrictions attached to
them.
Funds eligible to be returned in 7 years?
Staff deleted this language from the CTA and proposes no time limit. There is no obligation to return
fees, however, there is an obligation to place fees in separate account for housing specific purpose.
Sheraton Mountain Vista
The required housing mitigation for the Sheraton Mountain Vista PUD development on Lot C, Avon
Center at Beaver Creek, included 20 units of deed restricted housing, constructed as eight (8) studio,
eight (8) 1‐bedroom, two (2) 2‐bedroom, and two (2) 3‐bedroom deed restricted units. The square
footage of these units is smaller than the minimum size requirements in the proposed standards. A total
of 7,712 square feet of employee housing was constructed.
Under the proposed regulations, 14,250 square feet would be required for new housing mitigation.
However, staff believes these units are functioning in a manner to provide housing for 35‐36 employees.
Therefore, staff supports the application of the employee mitigation plan based on the bedroom count
rather than the new proposed minimum square footage requirement.
Based on the bedroom count, the 20 units of employee housing mitigation constructed by Sheraton
Mountain Vista amounts to 35.5 Employee Equivalents under the proposed formulas. The existing
Sheraton Mountain Vista Phase 1 timeshare building would have required employee housing mitigation
in the amount of 14.57 Employee Equivalents, as demonstrated on the Mitigation Requirement sheet
prepared as part of the March 12 staff report, attachment 3. Staff suggests that the balance of 20.93
Employee Equivalents (35.5 ‐ 14.57) could be allocated as a credit for employee housing mitigation for
additional development of Sheraton Mountain Vista, Lots 2, 3 and 5 under the proposed inclusionary
housing regulations, for a total of 627 timeshare units. Below is a breakdown of the unit types, square
footage, and Employee Equivalents.
Unit Bedrooms Square
Feet
Employee
Equivalent
Square Feet Required
by Proposed Code
E201 3 849 3.5 1,225
E301 3 807 3.5 1,225
E202 2 497 2.25 900
E302 2 495 2.25 900
E203 1 405 1.75 750
E204 1 405 1.75 750
E205 1 405 1.75 750
E206 1 405 1.75 750
E303 1 405 1.75 750
E304 1 405 1.75 750
E305 1 405 1.75 750
E306 1 405 1.75 750
E207 0 222 1.25 500
E208 0 230 1.25 500
E209 0 230 1.25 500
E210 0 230 1.25 500
E307 0 222 1.25 500
E308 0 230 1.25 500
E309 0 230 1.25 500
E310 0 230 1.25 500
TOTAL 18 7712 35.5 14,250
Eagle County Affordable Housing Guidelines update
Eagle County’s guidelines mentioned in the March 12, 2019 staff report deserve a closer look. These
guidelines apply for all commercial projects and all residential projects with three (3) or more units,
including government non‐profit. According to the Eagle County Affordable Housing Guidelines, for
residential developments, the mitigation rate:
“Is the higher of 1) 25% of the total residential units in a Project or 2) 15% of the total residential
Square Footage of a Project… This Inclusionary Housing mitigation rate is substantially below
the 61% of residential units in Eagle County that are currently occupied by local residents. As
Eagle County is aware that not all local residents desire to live in Affordable Housing, this lower
rate is justified.”
“…For commercial developments, an applicant should mitigate the impact on Eagle County’s
housing stock by building Affordable Housing for at least 45% of the new employees generated
by the project that will earn less than 140% of AMI. This 45% mitigation rate is based on the
percentage of Cost Burdened Households in Eagle County…Mixed Use Developments Eagle
County typically encourages mixed‐use developments. If both Commercial Mitigation and
Inclusionary Housing requirements apply because the application contains a mix of Commercial
Development and Residential Development, then the higher of the Affordable Housing
requirement for Commercial Mitigation or Inclusionary Housing will apply. “
Tori Franks states that most properties in unincorporated Eagle County is single‐use, or that the
residential rates have been applied to mixed use development. Methods of housing mitigation for Eagle
County are shown below:
1. Price Capped For Sale Housing with a maximum Initial Sales Price set at or below 100% AMI
affordability level will be given full credit.
2. Affordable Rental Housing with a deed restriction requiring rents to be set at or below the 80%
AMI affordability level maybe given increased credit if a recent market analysis shows the need
for additional Affordable Rental Housing in the rental project’s location.
3. Resident Occupied For Sale Housing, which includes a 2.0% transfer fee on all sales to non‐Eligible
Households, without regard to AMI, will be given 0.50x credit.
4. A donation of land to ECHDA within a reasonable vicinity of the applicant’s Project will be given
0.50x credit.
5. Off Site Development will be given 0.50x credit. In cases where the off site location has a higher
Affordability Gap than the development site, full credit maybe awarded.
6. A Payment in Lieu may be made to ECHDA.
7. An applicant may use Affordable Housing Credits.
8. Other Public Benefits may be provided to offset some portion of Affordable Housing.
To the right is an estimate of the mitigation based on
Eagle County guidelines, next to the proposed Mitigation
estimation from this CTA. Note that because there is no
Property Management category in the Eagle County
guidelines, staff credited that category with the
Residential rate for the Eagle County mitigation
calculation.
Sheraton Mtn
Vista
USE
TOA
Mitigation
EC
Mitigation
Lodge/Hotel 12.0 54.0
Prop. Management 0.0 0.0
Commercial SF 2.6 11.5
14.6 65.5
Wyndham
USE
TOA
Mitigation
EC
Mitigation
Lodge/Hotel 4.9 22.2
Prop. Management 0.0 0.0
Commercial SF 0.5 2.1
5.4 24.3
Lot B Hotel
USE
TOA
Mitigation
EC
Mitigation
Lodge/Hotel 9.5 42.6
Prop. Management 0.1 1.0
Commercial SF 0.1 0.6
9.7 44.2
Colorado World
Resorts
USE
TOA
Mitigation
EC
Mitigation
Lodge/Hotel 0.0 0.0
Prop. Management 2.7 20.3
Commercial SF 0.0 0.0
2.7 20.3
Town Council
Hypothetical
USE
TOA
Mitigation
EC
Mitigation
Lodge/Hotel 6.7 36.0
Prop. Management 0.3 2.5
Commercial SF 1.2 6.3
8.2 44.8
ATTACHMENTS
ATTACHMENT 1: Ordinance 19‐03
ATTACHMENT 2: March 12, 2019 Town Council Staff Report
ATTACHMENT 3: Eagle County Housing Tools Matrix
ATTACHMENT 4: Sections from the Town of Avon Community Housing Plan
ATTACHMENT 5: Public Comment
LINKS
Eagle County Affordable Housing Guidelines
https://www.eaglecounty.us/Housing/Documents/2014_Housing_Guidelines_May_13/
Avon Comprehensive Plan Master Appendix Tables
http://avon.org/DocumentCenter/View/19348/Comprehensive‐Plan‐Master‐Appendix
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – April 9, 2019 Page 1 of 11
TOWN OF AVON ORDINANCE 19-03
APPROVING AMENDMENTS TO TITLE 7 OF THE AVON MUNICIPAL CODE FOR INCLUSIONARY ZONING AND DEVELOPMENT BONUS REGULATIONS
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, Code Text Amendment; and
WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held public hearings on
February 5, 2019 and February 19, 2019, 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, 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, the Avon Town Council has
the power to adopt Health and Safety 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 held Public Hearings on March 12, 2019, April 9, 2019,
and April 30, 2019 after posting notice as required by law, considered all comments, testimony,
evidence, Planning and Zoning Commission recommendations, and staff report prior to taking
action on the Application; and
WHEREAS, the Avon Town Council finds that changes to the Employee Housing Mitigation provides a method of delivering more community housing choices to residents and workers in the
Town of Avon; and
WHEREAS, the Avon Town Council finds that Development Bonus regulations offer flexible
incentives for new development, that result in community benefits that outweigh any potential
negative impacts of development that varies from the development standards in the ADC: and
WHEREAS, the Application was reviewed with the criteria listed in ADC §7.16.040(c),
Review Criteria, and are found to be in substantial compliance; and
WHEREAS, the Application promotes and implements the goals and policies of the Avon
Comprehensive Plan, including but not limited to implementation of the Avon Community
Housing Plan by providing inclusionary housing requirements for new development; and
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – April 9, 2019 Page 2 of 11
WHEREAS, former Lot C, Avon Center at Beaver Creek Subdivison, provided twenty (20) community housing units as part of the Sheraton Mountain Vista PUD in 2000 to serve all of former Lot C, and the Avon Town Council desires to acknowledge the previous community
housing construction and provide a credit for housing mitigation for additional development on
Lots 2A, 2B, 3 and 5 of Mountain Vista Resort Subdivision; 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.
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 Avon Town Council.
Section 2. Amendment to Section 7.08 - Definitions. is hereby amended to read as follows with underline indicating language to be adopted:
“Community Housing means residential housing which is subject to a deed restriction that limits
use to long-term residential use as a primary residence by qualified persons and which deed
restriction may impose other restrictions and limitations and may include terms deemed
appropriate in the Town’s discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town.
Property management means a building containing or intending to contain Condominium-Hotel
Rooms, Rooming Houses, Boarding Houses, or Short-term Dwelling Units.
Residential use means the use of a building or other structure as a dwelling.”
Section 3. Amendment to Section 7.20.100 - Employee housing mitigation. is hereby
amended to read as follows, with strike-out indicating language to be deleted and underline
indicating language to be adopted:
“(a) Applicability.
This Section shall apply to new multi-family residential (3 or more units), commercial,
accommodation units, industrial and other non-residential development within the Town of Avon.
This Section applies to all entities, including private, governmental and non-profit entities.
(b) Exemptions.
Redevelopment of Pre-Existing Use and Change in Use.
Redevelopment or remodeling of an existing use or the change from one use to another is
exempt from the requirements of this Section, provided such activity does not create
additional employment generation as determined by Table 7.20-14, below. Only the uses
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – April 9, 2019 Page 3 of 11
and floor areas that existed prior to the redevelopment or remodeling shall be exempt from the requirements of this Section. Any new floor area or unit or any change in use which creates additional employee generation as determined by Table 7.20-14 shall be subject to
the provisions of this Section.
(c) Employee Housing Mitigation Formulas When applicable, employee housing mitigation shall be provided in accordance with these standards:
To determine the number of employee housing units that must be provided, the following
formulas shall be used:
Table 7.20-14
Employee Housing Mitigation Formulas
Factor Calculation
Commercial
Size of development Leasable square feet
Jobs generated 2.8 per 1,000 sq. ft. Rate x sq. ft./1,000
Employees generated 1.2 jobs per employee Jobs generated/1.2
Households generated 1.8 employees per unit Employees generated/1.8
Units
requiredEmployee
Mitigation Required
10% mitigation Households Jobs generated
x 10%
Lodging and Property Management
Size of development # of rooms or # of units
Jobs generated
Lodge/hotel - # of rooms x 0.8
0.8/ room;
Prop. management - # of units x 0.4
0.4/ unit
Employees generated 1.2 jobs per employee Jobs generated/ 1.2
Households generated 1.8 employees per unit Employees generated/ 1.8
Units
requiredEmployee
Mitigation Required
10% mitigation Households Jobs generated
x 10%
Residential
Size of development # of Dwelling Units
Jobs generated .33 per dwelling unit # of units x 0.33
Employees generated 1.2 jobs per employee Jobs generated/1.2
Employee Mitigation
Required 10% mitigation Jobs generated x 10%
Note: The required employee housing mitigation shall be rounded to the nearest
whole number.
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – April 9, 2019 Page 4 of 11
(d) Methods of Employee Housing Mitigation.
General Requirements. All Employee Housing Mitigation units shall be subject to a deed restriction
acceptable to the Town and enforceable by the Town which limits occupancy of Employee Housing
Mitigation units to persons with full-time employment in Eagle County.
For any of the following Housing Mitigation Methods, all proposed Employee Housing Mitigation unit(s) shall comply with the minimum size requirements shown in table 7.20-15, and all applicable
design requirements.
TABLE 7.20-15
Minimum Size of Housing Units
Type Minimum Size of
Unit (SF)
Number of
Employees Housed
Studio 500 1.25
1 bedroom 750 1.75
2 bedroom 900 2.25
3 or more bedroom 1,225 3.5
No Credit Given: If the gross residential floor area (GRFA) of the proposed Employee Housing
Mitigation unit(s) is in excess of the minimum required gross residential floor area (GRFA), the
additional gross residential floor area (GRFA) shall not be eligible for use as any form of future credit
or for the commercial linkage or inclusionary zoning housing mitigation.
Design Requirements:
(1) Construction of Employee Housing Mitigation unit(s) on the site on which the development
is proposed.
(2) Construction of deed restricted Employee Housing Mitigation unit(s) within the Town of
Avon, provided such land, site or structure has not been previously deed-restricted to
employee or affordable housing by any party.
(3) Construction of Employee Housing Mitigation unit(s) outside the Town of Avon but within
the Eagle Valley, provided such land, site or structure has not been previously deed-
restricted to employee or affordable housing by any party. Prior to construction of such
unit(s), consent of the relevant jurisdiction or homeowner’s association (if required) to placement of a deed restriction on the unit(s) must be obtained, in addition to any required
land use approvals. Units outside of the Town of Avon must be within the 80% - 140%
AMI range, as defined by the Avon Comprehensive Plan, within the Up or Mid Valley, as
defined by the Eagle River Valley Housing Needs and Solutions plan.
(4) Deed restricting existing free market unit(s) within the Town or the Eagle Valley.
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – April 9, 2019 Page 5 of 11
i. As a condition of approval when the deed restriction of existing free market unit(s) is proposed, the Applicant must obtain the approval of the Town for the specific unit(s) to be deed restricted. The Applicant must demonstrate to the satisfaction of
the Town that (a) the long-term affordability of the proposed Employee Housing
Mitigation unit(s) is adequately protected, considering issues including but not
limited to long term maintenance and homeowner’s assessments; and (b) the affected property does not prohibit the type of housing proposed. The Town may request additional information about the proposed unit(s) as reasonable to make
such a determination. Such approval may contain provisions to ensure that any
Employee Housing Mitigation unit(s) subject to a deed restrictions meets long term
standards for maintenance and affordability. ii. Employee Housing Mitigation units outside of the Town of Avon must be within the 80% - 140% AMI range, as defined by the Avon Comprehensive Plan, within
the Up or Mid Valley, as defined by the Eagle River Valley Housing Needs and
Solutions plan.
iii. Prior to deed restriction of Employee Housing Mitigation unit(s) when located outside the Town, consent of the relevant jurisdiction or homeowner’s association (if required) to placement of a deed restriction on the unit(s) must be obtained, in
addition to any required land use approvals.
(5) Fees-in-lieu as defined by Town Council resolution updated every two years, may be
provided only for any fractional remainder of the requirement generated under this chapter
totaling less than 1.0 employee, subject to the following requirements:
i. Time of Payment and Use of Funds. Payment of the in-lieu fee shall be made to
the Town prior to the issuance of any building permits for the free market portion
of the development.
ii. Interest Bearing Account. The Town shall transfer the funds to an interest-bearing
account.
iii. Authorized Uses of Fees. The funds, and any interest accrued, shall be used only
for the purpose of planning for, subsidizing or developing Community Housing.
(e) Mitigation plan required.
The Mitigation plan shall include the following:
(1) Calculation and method. The calculation of, and method by which Employee Housing
Mitigation is to be provided, in compliance with Table 7.20-14 and Section 7.20.100(d).
(2) Unit Descriptions. If deed restricted Employee Housing Mitigation units are to be
developed, a site plan and building floor plans (if applicable), illustrating the number of
units proposed, their location, the number of bedrooms, gross floor area of each unit, and
the rental/sale mix of the development.
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – April 9, 2019 Page 6 of 11
(3) Timing of review/amendments. The Employee Housing Mitigation plan shall be submitted
to and approved by the Director prior to, or concurrent with, application to the Town for
the free market portion of the initial development plan. Review and approval of plans by
the Town for construction of Employee Housing Mitigation shall be prior to, or concurrent
with, the free market portion of the development plan. Any amendment to the Employee
Housing Mitigation plan shall require Director approval.
(f) Certification of Action. The Director, or its designee, shall certify the approval, approval with
conditions, or denial of the Employee Housing Mitigation plan, or of an amendment thereto. Such approval, approval with conditions, or denial shall be based on compliance with the
provisions of this Chapter.
(g) Appeal. Upon final approval or denial of the Employee Housing Mitigation plan by the Director
an appeal to Town Council may be filed pursuant to Section 7.16.160 - Appeal. (2) Employee housing units shall be located on-site. The applicant may propose alternatives
to on-site employee housing mitigation in accordance with the alternative equivalent
compliance process set forth in Section 7.16.120. When considering proposals for off-
site employee housing, preference shall be given to locations closer to the applicant's
property, locations in the Town and locations which are served by mass transit.
(3) Employee housing units shall be owned by the owner of the commercial space for which
the employee housing units serve and shall be used exclusively by employees of such
commercial space; or employee housing units shall be offered for sale subject to a deed
restriction that restricts the appreciation of price and which restricts eligible buyers and
renters in accordance with the form of price controlled housing deed restriction adopted by the Town. Applicants may voluntarily propose to meet the employee housing units
with rent controlled units through the alternative equivalent compliance process.
(4) Employee housing mitigation shall be satisfied by providing one (1) residential studio
unit, one (1) bedroom in a residential unit or any combination thereof, for each required
employee housing unit of mitigation. The minimum size for a studio unit shall be five hundred (500) square feet and the minimum size for a one-bedroom residential unit shall
be seven hundred fifty (750) square feet.”
Section 4. Amendment to Section 7.20.110 Development bonus. is hereby added to read as
follows, with underline indicating language to be adopted:
“7.20.110 Development bonus.
Definitions. For this Section:
Development bonus means an incentive-based tool that permits a project increased height, lot
coverage (for the Town Center District), reduced parking minimums, increased residential density
(in the Residential High Density RH district), reduced landscape area, or landscape unit requirements; in exchange for helping the community achieve the public policy goals as defined
below.
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – April 9, 2019 Page 7 of 11
Development bonus type means the offer provided by the proposal for consideration by the review authority that corresponds to one of the listed in Section (e), below.
(a) Purpose. Development bonuses may be awarded for proposed development projects in the
Town Center, Mixed-Use Commercial, Neighborhood Commercial, and Residential High-
Density zone districts where the application meets Town goals and complies with minimum
development standards and requirements. A development bonus may be allowed where the negative impacts of such allowance on the public or on adjacent property owners do not outweigh the benefits to the public. The public benefits identified in this Section are related to
promoting the viability and functionality of higher density and more intense site development.
Development bonuses that provide housing are preferred.
(b) Procedures. An application for a development bonus shall be submitted concurrently with the principle application for development of the property and shall follow the review procedures, notice requirements, and hearing requirements of the underlying development application. A
public hearing and recommendation by PZC, followed by a public hearing by Town Council
is required before the Town Council takes action on any application for a development bonus.
A development bonus shall only be effective and binding on the Town if stated in a development agreement which contains provisions stating that the development bonus is contingent upon the performance and completion by the applicant property owner of any public
facilities, public improvements and/or conveyance of a property interest for public facilities or
improvements offered for the development bonus.
(c) Criteria. The following criteria for specific public benefits shall be considered when evaluating development bonuses:
(1) General criteria.
(i) Absolute maximum. The absolute cumulative maximum potential development
bonus shall be a variation of 20% from the standard required in the development
code, except for Section 7.20.110(e)(1)(i) and (ii).
(ii) Cumulative development bonuses. Subject to the absolute maximum for
development bonus stated in sub-section (i) above, multiple development bonuses
may be awarded by the Town Council and may be applied cumulatively to a
property.
(iii) Additional water rights dedication. Additional water rights shall be dedicated for any development bonus which increases the water consumption for the property
and such additional water rights dedication shall not be considered as a dedication
of surplus water right as defined in Development Review Type 6, below.
(iv) Council review and approval. Approval of a development bonus, if any, shall be
determined by Town Council in the Town Council’s discretion after considering the Review Criteria. Approval of a development bonus shall be by ordinance and
shall be documented in a development agreement.
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – April 9, 2019 Page 8 of 11
(2) Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision for a development bonus proposal.
(i) Exceed minimum standards of one or more of the development bonus types. A
development bonus may only be considered and awarded where the development
bonus type exceeds the minimum requirements established elsewhere in the
Development Code.
(ii) Promote Town goals and policies. The public benefits shall generally promote or implement the goals or policies of the Avon Comprehensive Plan and purposes
stated in this Development Code.
(iii) Payment-in-lieu. For all development bonus types, where an on-site contribution
or land dedication is not practical or appropriate, the Town Council may consider a cash contribution towards such facility or improvement by a payment-in-lieu of dedication. The amount of the payment-in-lieu shall be calculated by considering
current and projected real estate values and construction costs. The amount of a
payment-in-lieu should be the equivalent value of an on-site dedication
considering the additional administrative, transaction, financing and timeframe costs associated with properly utilizing cash proceeds.
(iv) Mitigation of impacts. The reviewing authority may require an analysis and may
require mitigation of the additional impacts of a development bonus on all public
facilities, infrastructure, and services which serve the property, including but not
limited to public infrastructure, streets, additional water rights required to serve the development, fire protection, ambulance services, schools, parks, and recreation. In addition, where a development bonus may result in negative
impacts to adjacent or nearby properties or impacts to the general public, the
Town may require mitigation of such impacts as a condition to granting the
development bonus.
(v) Location and design. The location and design of any contribution towards public
parking, transit, pedestrian enhancement, streetscape improvement, or civic
facility shall be in conformance with the Town of Avon’s Comprehensive Plan
and other applicable plans and regulations of the Town, shall be acceptable to the
Town taking into consideration functionality, current and projected demand, and long term maintenance and operation costs, and shall include such legal
documents as are deemed necessary and acceptable to the Town.
(d) Development bonus types
(1) Housing. A development bonus may be awarded that meets the following criteria:
(i) A density bonus where: (A) A minimum of 50 percent of the total number of bonus units is provided
within the 80% - 140% Area Median Income (AMI) range; or
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – April 9, 2019 Page 9 of 11
(B) For each additional dwelling unit allowed, at least two housing units are provided at within the 80% - 140% AMI range, as defined by the Avon Comprehensive Plan, are provided on property outside of the subject
property, but within the Up or Mid Valley, as defined by the Eagle River
Valley Housing Needs and Solutions plan; or
(C) A payment-in-lieu for providing community housing determined by the Town Council fees-in-lieu resolution.
(ii) Other development bonuses may be made in all applicable zone districts
through the provision of Community Housing or a payment-in-lieu.
(2) LEED certification or similar certification demonstrating high building efficiency performance. A development bonus may be awarded for certification.
(3) Public parking or transit contribution. A development bonus may be awarded for
contributions towards public parking and/or transit.
(4) Pedestrian enhancements. The following criteria shall be considered for development bonuses for pedestrian enhancements:
(i) Off-site pedestrian enhancements shall be no further than 2,500 feet (as measured
by the most direct existing or planned pedestrian routes) from the property
boundary of the development.
(ii) On-site pedestrian enhancements shall be open to the public and shall be owned and maintained by the property owner or an owners’ association.
(5) Streetscape enhancements. A development bonus may be awarded for streetscape
enhancements. Streetscape enhancements may include plazas, courtyards, fountains,
public art, benches, tables, kiosks, pocket parks, play areas and other enhancements
to public pedestrian areas. The following criteria shall be considered for development bonuses for streetscape enhancements:
(i) Streetscape enhancement shall be no further away than 1,500 feet from the
property boundary.
(ii) On-site streetscape enhancements shall be open to the public and shall be owned
and maintained by the property owner or an owners’ association.
(iii) Civic facility. A development bonus may be awarded for the provision of land or
improvements for civic facilities. Civic facilities may include a library, health
clinic, municipal facilities, performing arts venues, or other facilities which are
open to the public and promote the health, safety, welfare or culture of the Avon
community. The civic facility shall be located on-site or, if off-site, shall be within a reasonable proximity of the property to benefit the property.
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – April 9, 2019 Page 10 of 11
(6) Water rights dedication. A development bonus may be awarded for the provision of surplus water rights which exceed the water rights dedication required to serve the property.”
Section 5. 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 6. 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 7. 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 8. 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 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on March 12, 2019 and setting such public hearing for April 9, 2019 at the Council
Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ATTACHMENT 1
Ord. 19-03 – Amending Avon Municipal Code
FIRST READING – April 9, 2019 Page 11 of 11
ADOPTED ON SECOND AND FINAL READING on April 30, 2019.
BY: ATTEST:
____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________ Eric J. Heil, Town Attorney
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: David McWilliams, AICP, Town Planner
Matt Pielsticker, AICP, Planning Director
Date: March 12, 2019
Topic: PUBLIC HEARING and FIRST READING OF ORDINANCE 19‐03, APPROVING
AMENDMENTS TO TITLE 7 OF THE AVON MUNICIPAL CODE, FOR INCLUSIONARY
ZONING AND DEVELOPMENT BONUS REGULATIONS
ACTION BEFORE COUNCIL
Before Council is action on First Reading of Ordinance 19‐03, approving amendments to Title 7 of the
Avon Municipal Code for Inclusionary Zoning and Development Bonus Regulations
AVAILABLE ACTIONS
‐ Continue 1st Reading of Ordinance 19‐03 to a future meeting, pending additional information. This
would allow for a discussion and direction to return with additional information.
‐ Approve 1st Reading of Ordinance 19‐03, thereby setting a public hearing date of April 9, 2019.
RECOMMENDED MOTION
“I move to approve first reading of Ordinance 19‐03, setting a public hearing date of April 9, 2019.”
CODE TEXT AMENDMENT PROCESS
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: The amendments are timely in addressing the housing needs of the Town and the
greater Eagle County community, a condition seems to only be getting more pressing. They promote
the health, safety and welfare of the community by linking jobs generated to the provision of housing.
They implement the goals and policies of the Comprehensive Plan, specifically “Achieve a diverse range
of housing densities, styles, and types, including rental and for sale, to serve all segments of the
ATTACHMENT 2
population,” “Coordinate with neighboring communities to provide an attainable housing program that
incorporates both rental and ownership opportunities, affordable for local working families,” and the
ACHP. They conform to the Development Code purposes, specifically (n), “Achieve a diverse range of
attainable housing which meets the housing needs created by jobs in the Town, provides a range of
housing types and price points to serve a complete range of life stages and promotes a balanced, diverse
and stable full time residential community which is balanced with the visitor economy.”
SUMMARY OF PROPOSED CHANGES
Two code text amendments are proposed for the Avon Development Code (ADC) relating to
community housing.
Employee Housing Mitigation
Staff was directed, through the Avon Community Housing Plan (ACHP sections, Attachment 4; full
document linked below), to determine an approach for inclusionary zoning and commercial linkage.
Many communities in the valley and the state have these programs in an attempt to offset housing
from the production of jobs that a new development generates. Included as Attachment 3 is a matrix,
created by the Valley Home Store, of practices in neighboring communities.
The proposed strategy does not explicitly meet the ACHP income range goal for Area Median Income
(AMI) between 80% ‐120%, but the many of the units provided are expected to be in the Town Core,
and accessible to transit, groceries, and other associated amenities, making them desirable to a wide
array of residents. PZC work sessions and public hearings informed staff to include updated criteria
defining the affordability range to include the above referenced AMI level, specify the “up or mid
valley” (defined by the Eagle River Valley Housing Needs and Solutions plan, linked below) as the
required location for the provision of off‐site housing, and change the fee‐in‐lieu requirements.
Below is a list of some of the properties that staff
imagines may be subject to the inclusionary zoning
requirements in the foreseeable future given the
underdeveloped (or undeveloped) nature of the
properties. It would not apply to properties with
vested rights (like the Riverfront or Village at Avon).
They are represented visually to the left.
PZC’s recommendation to Town Council includes a
condition to recognize the contribution of Lot C
Avon Center at Beaver Creek subdivision (the
Sheraton) for having provided twenty (20) units
during the original PUD development. Since then,
Lot C rezoned from PUD to Town Center, and would
be required to offset employees during any
development application. Staff has included
language in the draft Ordinance to call out and
acknowledge the unique circumstance whereby Lot C provided upfront community housing units that
exceed the target goals in the Ordinance.
ATTACHMENT 2
Staff investigated where the employee generated number (.8 per room for Lodge / Hotel; .4 per room
for property management; 2.8 per 1,000 square feet of commercial; .33 per residential dwelling unit)
originated from. These numbers (except for the residential rate) are currently included in the ADC
despite there being no offset required. Staff found that these number come from the 2008 Eagle
County Nexus/Proportionality Analysis for Commercial Development/Workforce Housing Linkage
report generated in January 2008 (included as a link below). The report surveyed 2,169 employers
from mountain communities to determine these numbers. This number is used currently in Eagle
County to determine mitigation rates for certain development applications. The linkage formulas
continue to be used by Eagle County for calculations. The residential rate came from Telluride’s policy.
The Mitigation Plan Required is subject to Community Development Director approval and includes
five (5) Design Requirement types: (1) on–site construction; (2) off‐site construction within Avon; (3)
off‐site construction outside Avon but in the “Up or Mid Valley”; (4) Deed restricting existing units
within or outside of Avon but in the “Up or Mid Valley”; and (5) Fees‐in‐Lieu to for the fractional
remainder. Allowing the provision of mitigation outside of Town boundaries is one of many important
policy decisions this Amendment proposes. Also, the proposed language does not prioritize the type
of mitigation provision (except for the fee‐in‐lieu). Instead, staff anticipates that applicants will devise
creative methods of mitigation with the options available and does not want to unnecessarily burden
development with Design Requirement typology limitations. Town Council should carefully weigh the
implications of these measures.
The Minimum Size of Housing Units (TABLE 7.20‐15) is based in part off current code provisions for
employee housing. Staff created the table with the assumption that while not directly tied to the AMI
ranges contemplated in the ACHP, the type and location would be attractive. Below is the table, with
another column that describes the square footage per employee that code would require.
Building or complex name Address Acres
Benchmark Shopping Center 82 Beaver Creek Boulevard 2.13
1st Bank 11 West Beaver Creek Boulevard 1.714
Christy Sports 182 Avon Road 0.928
Annex 142 Benchmark 1.496
Nottingham Commercial Lots 121 ‐ 111 Nottingham Road 1.067
Avon Center Lot C 160 West Beaver Creek Boulevard 2.28
160 West Beaver Creek Boulevard 0.583
Nottingham Ranch 68‐95 Post Boulevard 3.8
Chapel Square parcels 92 Benchmark 2
140 Benchmark 2.864
230 Benchmark 1.08
Avon Plaza 150 East Beaver Creek Boulevard 1.33
North‐71 91 Beaver Creek Place 0.57
ANB Bank 71 Beaver Creek Place 0.76
51 Beaver Creek Place 0.59
ATTACHMENT 2
After some deliberation with PZC, the fees‐in‐lieu portion of the process is proposed to only be
triggered when less than a single unit is required for mitigation. Staff feels that this achieves the intent
of the code section by generating units and not money. As written, the code requires Town Council
to approve a resolution to determine the fee structure. An example of a proposed fee structure (taken
from the Eagle County Affordable Housing Guidelines: Administrative Procedures) is illustrated below,
with 80% and 100% AMI levels to illustrate the difference depending or other factors as appropriate.
Calculation of Fee in Lieu
80% AMI 100% AMI
Area Median Income for Family of 3 $ 62,640 $ 78,300
Maximum Initial Sales Price $ 213,150 $ 266,156
Affordable Price per square Foot $ 189.25 $ 236.31
Market Price per Square foot $ 350.60 $ 350.60
Administrative Fee 15% 15%
Payment in Lieu per Square Foot $ 186.55 $ 131.43
Staff estimates the table below to be a fair representation of the current Inclusionary Zoning/
Commercial Linkage requirements of other jurisdictions. Staff does not guarantee these numbers but
trusts that they provide a fair estimate of the overall appetite in different mountain communities.
Some communities highly value employee housing but use different mechanisms to attain it.
Jurisdiction
Commercial
Rate
Residential
Rate
Eagle County 45% 45%
Telluride 40% 60%
Vail 20% 10% of GRFA
San Jose, CA 20% 20%
Basalt 20% 25%
San Miguel County 15% 15%
Snowmass 60% 60%
Aspen/Pitkin 60% 60%
Mt. Crested Butte ? 15%
Crested Butte none none
Frisco none none
Silverthorne none none
ATTACHMENT 2
Finally, staff put everything together and analyzed the development scenarios for some recent
projects to calculate the hypothetical mitigation regime needed. The table on the following page
illustrates the estimated “footprint” of various projects and the accompanying number and type of
units (and fee‐in‐lieu) that would be required for compliance with the code. The employee units
required could be provided through any of the methods found in section 7.20(d). Note that staff
interprets the Colorado World Resorts project to be under the “Property Management” Jobs
Generated (.4 jobs per unit) category, as opposed to the other properties that are under “Lodge/
Hotel” (.8 jobs per unit).
ATTACHMENT 2
USE Units Emp. Rate JobsJobs/ Emp.Total Emp.Mitigation RateEmp. Mitigation Required 3br 2 br 1 br Stud.Left Over80% AMI Fee100% AMI FeeLodge/Hotel 190 .8/Rm 144 1.2 120.0 10% 12.00Prop. Managem0 .4/Rm 0 1.2 0.0 10% 0.00Commercial SF 11,000 2.8 30.8 1.2 25.7 10% 2.5714.57 40.57 42,009$ 29,756$ WyndhamUSEUnits Emp. Rate JobsJobs/ Emp.Total Emp.Mitigation RateEmp. Mitigation Required 3br 2 br 1 br Stud.Left Over80% AMI Fee100% AMI FeeLodge/Hotel 74 .8/Rm 59.2 1.2 49.3 10% 4.93Prop. Managem0 .4/Rm 0 1.2 0.0 10% 0.00Commercial SF 1,956 2.8 5.4768 1.2 4.6 10% 0.465.39 11 0.64 47,481$ 33,632$ USEUnits Emp. Rate JobsJobs/ Emp.Total Emp.Mitigation RateEmp. Mitigation Required 3br 2 br 1 br Stud.Left Over80% AMI Fee100% AMI FeeLodge/Hotel 142 .8/Rm 113.6 1.2 94.7 10% 9.47Prop. Managem4 .4/Rm 1.6 1.2 1.3 10% 0.13Commercial SF 536 2.8 1.5008 1.2 1.3 10% 0.139.73 2 1 0.98 72,369$ 51,261$ Colorado World ResortsUSE Units Emp. Rate JobsJobs/ Emp.Total Emp.Mitigation RateEmp. Mitigation Required 3br 2 br 1 br Stud.Left Over80% AMI Fee100% AMI FeeLodge/Hotel 0 .8/Rm 0 1.2 0.0 10% 0.00Prop. Managem81 .4/Rm 32.4 1.2 27.0 10% 2.70Commercial SF 0 2.8 0 1.2 0.0 10% 0.002.70 1 0.95 70,509$ 49,943$ Sheraton Mtn VistaLot B HotelATTACHMENT 2
Development Bonus
The Development Bonus section was originally proposed in 2009 as part of the ADC overhaul. Staff
decided to propose an updated version of this section as an appropriate method to gain additional
employee housing or other public benefits when applicants are seeking certain relief from the ADC. This
is a likely alternative to the PUD process (of negotiated zoning) that should still combine public benefits
with appropriate design.
Benefits to the Town include:
Housing
LEED or similar certification
Public parking or transit contribution
Pedestrian enhancements
Streetscape enhancements
Water rights dedication
Where an applicant may be allowed leniency in the following development standards:
Increased building height
Lot coverage (for the Town Center District)
Reduced parking minimums
Reduced building permit fees
Increased residential density (in the Residential High‐Density RH district)
Reduced landscape area
Landscape unit requirements
The list of benefits and leniency types could be reduced as Town Council finds appropriate. For example,
Housing could be the only benefit type, and could only result in an increase of density. This specific
example of a narrowed approach is not anticipated to provide for any additional housing in the Town
Center Zone district, as there is no density maximum in that zone district.
Since the PZC work sessions and public hearings, staff updated the language to include a housing
density bonus applicable to the R‐H (residential high‐density) zone district, where the dimensional
standards include a density maximum of dwelling units per acre. An applicant would have the ability to
negotiate an increase to the units per acre of the project based on the provision of community housing
units, defined as reaching an AMI of 80% ‐140%. This example came from Frisco, where the bonus is not
part of a negotiated process, but by‐right in certain zone districts near their core.
ATTACHMENTS
ATTACHMENT 1: Ordinance 19‐03
ATTACHMENT 2: PZC Record of Decision and Recommendation
ATTACHMENT 3: Eagle County Housing Tools Matrix
ATTACHMENT 4: Sections from the Town of Avon Community Housing Plan
ATTACHMENT 5: Public Comment
LINKS
2008 Eagle County Nexus/ Proportionality Analysis for Commercial Development/ Workforce
Housing Linkage
https://www.eaglecounty.us/Housing/Documents/2008_NEXUS_commercial(4)/
Town of Avon Community Housing Plan
https://www.avon.org/DocumentCenter/View/18728/Avon‐Housing‐Plan?bidId=
ATTACHMENT 2
Summary of Inclusionary Zoning Practices in Colorado Communities – Chafee County
http://www.chaffeehousing.org/EndUserFiles/57044.pdf
Eagle River Valley Housing Needs and Solutions
http://minturn.org/pdf/PublicNotices/2018%20Eagle%20Valley%20Housing%20Needs%20and%20S
olutions%20FINAL.pdf
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 4
The Comprehensive Plan:
Achieve a diverse range of housing densities, styles, and types, including rental
and for sale, to serve all segments of the population.
Coordinate with neighboring communities to provide an attainable housing
program that incorporates both rental and ownership opportunities, affordable for
local working families.
Goals and Objectives of this Housing Plan are as follows:
Focus on increasing deed restricted homeownership opportunities for households
making equivalent of 140% or less of the Area Median Income - $430,000 for a
household of three people in 2018.
Grow the inventory of homeownership and “missing middle” inventory, in place of
additional rental housing stock, to create a more balanced portfolio with a long-
term goal of 50% rental, 50% ownership.
When considering new rental housing, prioritize price point, quality and amenities
attractive to “step up” renters and seniors looking to downsize, focusing on the 80-
120% AMI level.
Stabilize or increase the percentage of year-round residents; currently 55% of all
dwelling units in Avon are occupied by year-round residents.
Stabilize or increase the percentage of Eagle County working residents Avon.
Seek to add at deed restricted units to the inventory in the short term.
Strengthen regional partnerships with other communities and entities (i.e. Habitat
for Humanity, other municipalities, Eagle County) to make projects happen.
As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and
when possible, increase housing serving the local year-round population.
Re-evaluate goals and objectives on an annual basis, including the ongoing
monitoring of new projects and housing stock in the mid-valley; appendices may
be updated by Resolution.
Strengths and Assets
An inventory of 670 price-controlled housing units, 63 of which are deed
restricted for sale units that were a result of successful PUD negotiations;
Policy
Update mitigation/linkage policies to be more proactive in addressing housing
needs. Current policies are limited to very narrowly defined locations and
development requests, and the current mitigation rate is low compared with peer
communities.
Consider implementing an inclusionary housing policy. Inclusionary housing
was considered in the 2010 code update, but was not adopted at that time.
Inclusionary housing is a tool to create housing affordable to locals. It is
recommended to look at inclusionary housing and mitigation/linkage at the same
time, to better understand how the two tools complement each other, support
policy goals, and maintain a level playing field for commercial and residential
development.
Inclusionary
Housing
A percentage of residential units in new
subdivisions/PUDs are workforce housing. Market
homes support workforce units. Only effective if new
subdivisions/PUDs are developed/ redeveloped.
Carbondale, Eagle,
Eagle County, San
Miguel County
Linkage/Mitigation Requiring new residential and/or commercial
development to contribute to workforce housing
relative to demand generated by the new
construction. For residential, mitigation rate often
increases with house size, and deed restricted units
are typically exempt. Fees in lieu provides revenue
stream that fluctuates with building activity.
Documented relationship between fee and impact
required.
Telluride, Aspen, Mt.
Crested Butte
ATTACHMENT 5
ATTACHMENT 5
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO:
FROM:
RE:
DATE:
Honorable Mayor Smith Hymes and Town Council members
Eric J. Heil, Town Attorney
Ordinance No. 19-01 Community Housing Incentives April 9, 2019
SUMMARY: This memorandum provides a follow-up to the February 26, 2019 Council discussion of
Ordinance No 19-01 Community Housing Incentives. The materials presented on February 26, 2019
are resubmitted to Council along with a complete copy of the Avon Community Housing Plan adopted at
the end of last year. The prior materials are supplemented with these optional language revisions based
upon comments received at the February 26, 2019 meeting and comments received after that meeting.
1.Do No Limit Buyer’s Exemption to One-Half of Sale: Do not limit Buyer’s exemption to one-half of
consideration and allow Buyer to negotiate to pay for more than one-half of the RETT to enhance Buyer’s
ability to negotiate a lower purchase price. This can be accomplished by deleting sub-section
3.12.060(19)(a)(4) which is shown below in strikeout. To illustrate the effect, if a Buyer negotiated to pay
100% of the RETT on a $500,000 residence and the Town allows the Buyer to claim an exemption for the
entire RETT amount that the Buyer pays, the full exemption would be in the amount of $10,000. Typically,
the RETT is split 50/50; therefore, if the Buyer negotiates to be liable for all the RETT, then the Buyer can
negotiate a purchase price that is $5,000 less than the purchase price for a Buyer who can not claim any
RETT exemption. This option would require additional administrative work to verify the amount the Buyer
actually paid at closing.
3.12.060(19) The next [one hundred sixty thousand dollars ($160,000.00) or three hundred
twenty thousand dollars ($320,000.00)] of the consideration paid after the first one hundred
and sixty thousand dollars paid that is exempt pursuant to either Section 3.12.060(17) or
(18) above for any sale or conveyance of real property and completed improvements for
occupancy as a primary residence, provided the following conditions are met:
a.An application for exemption is filed with the Finance Department, which
application is accompanied by:
1.An affidavit that the applicant meets the definition of Eagle County employee; that
the real property is being purchased for use as a primary residence and not for investment
or resale (provided that a co-signor shall not disqualify the exemption for the applicant
where the co-signor is signing for the sole purpose of facilitating the financing qualifications
of the applicant/primary resident and signs an affidavit that the co-signor is not a co-
purchaser for investment or resale purposes); and
2.A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall
fail to occupy and use the property as a primary residence within the timeframe
established under the definition of primary residence found in Section 3.12.020 or shall
cease to use the property as his or her primary residence within one (1) year after closing
and granting to the Town a lien securing such indebtedness, which lien shall be
subordinate to any first mortgage or deed of trust of record; and
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: March 6, 2019
Page 2 of 2
3. The total consideration paid for the residence does not exceed [six hundred forty
thousand dollars ($640,000.00) or nine hundred sixty thousand dollars ($960,000.00)];
and,
4. The total additional consideration that is exempt pursuant to this Section 3.12.060(19) and
either Section 3.12.060(17) or (18) does not exceed one half of the entire consideration paid for the
transfer.
b. The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.”
2. Extend Increased Primary Residence Exemption to Retirees: Allow long term Eagle County
residents who are retirees to qualify for primary residence exemptions. An example of a retiree exemption
would be for residents who have lived in Eagle County for at least five (5) years and who are at least sixty-
five years of age. Language amendments would include adding a definition of Eagle County Retiree and
then including Eagle County Retiree in addition to Eagle County Employees in the exemptions in Sections
3.12.060(18) and (19). A variation to consider is allowing an Eagle County Resident who has lived in Eagle
County a total of 5 years in the last 7 years and is at least 65 years old to qualify as an Eagle County
Retiree to allow for circumstances when temporary relocation occurs (which can arise with elder care).
3. Clarify that Incentives are to Promote Community Housing: Clarify that the Community Housing
Incentives in Chapter 3.14 are intended primarily for housing purposes. Rather than modifying the
language each of the taxes and fees, I recommend an addition to Section 3.14.010 Purpose to read as
follows:
3.14.010. Purpose. Council may elect to promote Community Housing through the use
of Community Housing Incentives, including the credit, exemption or waiver of taxes or
fees otherwise applicable to residential development. The use of Community Housing
Incentives is intended to promote the provision of Community Housing which would
likely not occur without providing such incentives and is not intended to subsidize
free market residential or commercial development.
I suggest that Council would benefit from some additional real estate market analysis to better
understand the level of public subsidy that is required to incentivize the private sector to produce deed
restricted Community Housing. A residential project with mixed free market units and deed restricted units
provides a more integrated residential project rather than segregating low or middle income housing and
free market units are often necessary for the economic viability of a private sector project.
Thank you, Eric
ATTACHMENT A: February 7, 2019 Memorandum
ATTACHMENT B: Ordinance No. 19-01
ATTACHMENT C: Avon Community Housing Plan
ATTACHMENT D: REDLINE of existing AMC Sections 3.12.060(14) through (17) compared to
proposed AMC Sections 3.12.060(14) through (19)
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO: Honorable Mayor Smith Hymes and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ordinance No. 19-01 Community Housing Incentives
DATE: February 7, 2019
SUMMARY: Council adopted the Town of Avon Community Housing Plan on December 13, 2018
(“Housing Plan”). The Housing Plan recommended that Avon formalize a fee waiver program for worker
housing. Council had previously expressed interest in revisiting the Real Property Transfer Tax (“RETT”)
exemption and considering an increase in the exemption for primary residences for the purpose of
promoting community housing. The tax and fee credits, exemptions and waivers (“Community Housing
Incentives”) are discussed first, then proposed amendments and options to the primary residence RETT
exemption are discussed.
REQUESTED COUNCIL ACTION: Ordinance No. 19-01 is presented for consideration on first reading;
however, the ordinance presents many technical financial concepts and budget implications. Currently,
there are no known pending or imminent housing projects. Council may desire to treat this action item
as a work session for initial discussion and then continue first reading to the next Council meeting
to allow additional time for consideration, language amendments, or gathering additional
information.
COMMUNITY HOUSING INCENTIVES: Council has general authority to provide a credit, exemption or
waiver of taxes and fees upon the finding of a public benefit. Such action is similar to an appropriation,
which is a legislative act. The Colorado Constitution prohibits making “gifts” to corporations or individuals;
therefore, any appropriation or other action to provide a financial benefit to a person or entity must include a
finding of “public benefit”. Credits, exemptions and waivers for community housing projects are a form of
financial subsidy which impacts the Town’s budget like an appropriation or expenditure of existing funds.
New Chapter 3.14 – Community Housing Incentives. In order to “formalize” and appropriately
implement tax and fee credits, exemptions and waivers, a new Chapter 3.14 is proposed in the Avon
Municipal Code (“AMC”). The Finance Department strongly prefers to avoid rebates, refunds and
reimbursements due to the additional administrative and accounting work, therefore, the form of financial
subsidy is proposed as a tax “credit” for sales tax, a tax “exemption” for real property transfer taxes, and
“waivers” for development code fees, tap fees, and building permit fees. Development Code applications
may require a “refund” due to the timing because applications fees must be submitted as part of a complete
application and Council would not likely consider and approve a resolution to grant Community Housing
Incentives until a community housing project was completely approved.
The following key elements are included in AMC Chapter 3.14:
“Community Housing” is defined to mean housing restricted to (1) long-term residential use, (2) as a
primary residence, (3) by qualified persons, (4) that is subject to a deed restriction approved by Town, and
(5) is enforceable by the Town.
Approval by Resolution: Council approval of Community Housing Incentives by resolution is required
because each housing project is unique. A resolution only requires one meeting to approve and takes
effect immediately. AMC Section 3.14.030 lists the minimum elements of such a resolution as follows:
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 2 of 7
(1) The Community Housing project shall be defined by location, type of residential
units, and quantity of residential units;
(2) The taxes and/or fees that are subject to a credit, exemption and/or waiver shall be
defined, and may be apportioned for a development project that includes both
community housing and non-community housing elements;
(3) The form of the deed restriction that shall protect and maintain such Community
Housing for the benefit of the Town shall be included with the resolution and the
resolution shall accept or authorize the acceptance and execution of deed restriction;
(4) The resolution shall include a finding that the tax and/or fee credits, exemptions
and/or waivers are necessary to promote community housing that meets a current or
projected housing need for the Avon community; and,
(5) The resolution shall include a finding of public benefit for providing such tax and/or
fee credit, exemption and/or waiver.
AMC Chapter 3.14 allows for credits, exemptions and waivers of (1) sales tax on building materials and
fixtures, (2) real property transfer taxes, (3) development code plan review fees, (4) Avon water tap fees,
and (5) building permit fees. Each of these taxes and fees are discussed as follows:
Sales Tax: The Town charges 4% on any building materials which are delivered in Town and on fixtures
which are purchased outside of Town and installed in buildings. AMC Chapter 3.08 – Sales Tax would be
amended by Ordinance 19-01 to enact the following new section:
“3.08.036 – Tax credit for community housing. Notwithstanding any other provision
of this Chapter, there shall be granted a sales tax credit to each person owing tax on the
sale of building materials and fixtures used in a community housing project provided that
such sales tax credit is approved by Council by resolution in accordance with Chapter
3.14. Neither the ability of the Town to grant this tax credit nor the repeal or termination
of this tax credit shall constitute a tax increase, the imposition of a new tax or a tax policy
change.”
Real Property Transfer Tax: AMC Chapter 3.12 currently includes an exemption that allows the Town
Manager to provide an exemption for RETT for “low and moderate income persons;” see AMC Section
3.12.060(14). Town Manager approval of a RETT exemption for new projects is likely not appropriate
because “low and moderate income persons” is not defined and approval of any agreements, deed
restrictions, covenants or declarations for the benefit of Town and to be enforceable by Town should be
approved by Council. Ordinance 19-01 would revise this exemption to require Council to approve a RETT
exemption for a new Community Housing project and would cross reference the procedure and
requirements in AMC Chapter 3.14. The revisions are shown as follows:
3.12.060 - Exemptions.
Unless the method of transfer is contrived for the purpose of evading the real property
transfer tax imposed by this Chapter, the real property transfer tax shall not apply to the
situations described below:
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 3 of 7
(14 15) Any sale or conveyance of real property or improvements for the purpose of
constructing or providing low or moderately priced housing units for sale or lease to low
or moderate income personsor otherwise providing Community Housing as defined in
Chapter 3.14; provided, that the parties to the transaction shall apply to the Town
Manager Council for the exemption prior to the occurrence of the transaction from which
exemption is sought in accordance with Chapter 3.14 Community Housing Incentives and
that the property shall be subject to a deed restriction that protects and maintains the
Community Housing for the benefit of the Town, and the parties shall agree to
appropriately restrict the future use of the property to low and moderately priced housing
units by recorded agreement, deed restriction, covenants, declarations or similar
instruments as may be required by the Town Manager;
Development Code Application Fees: Ordinance 19-01 authorizes a waiver or refund of Development
Code application fees. These fees would likely involve site plan and design review at a minimum or could
include applications for subdivision, re-zoning or planned unit development depending upon the project.
This is the only fee that contemplates a possible refund due to the timing that Development Application
review fees must be paid when submitting a complete Development Application. Depending upon the
nature of the Community Housing project, this fee waiver could range from $1,000 to $10,000. Proposed
AMC Section 3.14.060 specifically provides that the cost for third party consultants and professionals,
studies and reports are not included in the Development Application review fees that can be waived,
refunded or reimbursed under AMC Chapter 3.14.
Avon Water Tap Fees: Avon imposes a water tap fee on new residential construction in the amount of
$4,000 per residence in AMC Chapter 13.08, Appendix 13-A of the Avon Municipal Code. Proposed AMC
Section 3.14.060 allows for water taps fees to be credited towards the cost of water line upgrades and
extensions that may be required for the project and which would typically be paid for by the developer. The
waiver of all water tap fees, deferment of water tap fee payments and a combination of credit, waivers and
deferment is also allowed. Additional research is continuing with regard to the waiver of water tap fees
because many communities are reluctant to waive these fees.
Building Permit Fees: Proposed Section 3.14.080 would allow a waiver of plan review and building permit
fees.
Fire District and Emergency Services Impact Fee, School Site Dedications, and Park Land
Dedications: Ordinance 19-01 does not propose including waivers for the following:
Fire District Impact Fees: Chapter 3.40 – Impact Fees, which are required to be transferred to the Eagle
River Fire Protection District.
School Site Dedications: Section 7.32.080 – cash-in-lieu is held by Town in a separate School Facility
Capital Improvements Fund and the use is limited to capital improvements of educational facilities or
acquisition of school site lands that serve the Avon community.
Parkland dedications: Section 7.32.090 - cash-in-lieu is held by Town in a separate Parks Capital
Improvements Funds and and the use is limited to capital improvements of parks or acquisition of park
lands that serve the Avon community
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 4 of 7
EXAMPLE OF TAX AND FEE RELIEF FOR COMMUNITY HOUSING: The following example is
presented to illustrate the tax and fee relief and is based on a 10 unit townhome project, each unit is 2
bedrooms and 1,000 square feet, total square footage is 10,000 square feet, and construction on a 1 acre
vacant land parcel purchased for $2,000,000.
Sales Tax (Based on $300 per sq.ft. construction cost and
estimate that 50% of construction cost materials and 50% is
labor. 10,000 sq.ft. times $300 per sq.ft. x 50% x 4% sales
tax.)
$60,000.00
Real Property Transfer Tax (Based on $2 million vacant land
purchase price times 2% RETT)
$40,000.00
Development Application Fees (estimated, design review
only)
$1,500.00
Avon Water Tap Fees (2 inch, per Appendix 13-A) $41,300.00
Building Permit Fees (plan review and permit) $39,280.00
TOTAL TAX AND FEE RELIEF: $182,080.00
TAX AND FEE RELIEF PER UNIT: $18,208.00
PRIMARY RESIDENCE RETT EXEMPTION: Several options and concepts are provided for Council’s
consideration with regard to any change to the RETT exemption for purchasers of a primary residence.
Section 3.12.020 – Definitions of the Real Property Transfer Tax Chapter defines Eagle County Employee
and Primary Residence as follows:
Eagle County employee means an employee working in Eagle County who works an average of
at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his
or her income and earnings by working in Eagle County; or a retired individual, sixty (60)
years or older, who has worked a minimum of five (5) years in Eagle County for an average of
at least thirty (30) hours per week on an annual basis.
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 5 of 7
Primary residence means the occupation and use of a residence as the primary residence, which
shall be determined by the Town Manager by taking into account the following circumstances:
voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not
registered to vote in any other place); stated address on Colorado driver's license or Colorado
identification card; stated address on motor vehicle registration; ownership or use of other
residences not situated in Avon, Colorado; and stated residence for income and tax purposes.
Occupation and use of a residence as a primary residence must occur within thirty (30) days of
transfer of the real property, provided that the Town Manager may grant an extension of an
additional ninety (90) days if extenuating circumstances are found to exist in the Town
Manager's discretion and provided that such extension request is included with the applicant's
application for exemption.
The Town of Avon receives and approves approximately 65 RETT exemptions applications for primary
residence. [2016 = 70; 2017 = 74; 2018 = 51]. The primary residence exemption is for the first $160,000 in
consideration paid which translates into $3,200 in RETT relief for the buyer. On average, this exemption
results in $208,000 in RETT annually that is exempted for primary residence purchases.
Council previously adopted AMC Section 3.12.060(15) in 2002 by Ordinance No. 02-14, which
provided a one-time exemption of $160,000 for the first purchase of a primary residence in Avon. Then
Council adopted AMC Section 3.12.060(16) in 2007 by Ordinance No. 07-17 to allow an exemption for
primary residence for subsequent purchases in Avon with the limitation that this subsequent exemption was
only available to a person who met the definition of an “Eagle County Employee”. This change was
intended to support working full-time residents who currently owned a primary residence in Avon but
desired to purchase a larger residence to reflect residential needs and preferences during various life
stages.
Options for Primary Residence RETT Exemption Changes:
1.Increase the $160,000 primary residence exemption in AMC Sections 3.12.060(15) and (16). This is a
simple option that is very easy to adopt and administer. This exemption would be available to all
primary residence purchasers regardless of the sales prices of the residence. If Council desires this
option, then Ordinance No. 19-01 can be amended to simply amend AMC Sections 3.12.060(15) and
(16)to increase the $160,000 exemption amount.
2.Increase the $160,000 primary residence exemption but (1) limit eligibility for the additional exemption
to residences that do not exceed a maximum affordable prices based on the Area Median Income for
Eagle County (e.g. residences that do not exceed $640,000 to $960,000), and (2) limit the total RETT
exemption for primary residence to one half (50%) of the sales price for the residence. The existing
RETT exemptions for primary residence state that the exemption only applies to the portion paid by a
buyer and nearly all transactions split the RETT 50/50 between buyer and seller.
3.Do not increase the primary residence exemption and in the alternative amend AMC Section 3.12.110
– Allocation of Revenue to pledge a portion of annual RETT revenues to the Avon Community Housing
Fund. This option would advance a goal in the Housing Plan to identify and implement a dedicated
funding source for community housing.
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 6 of 7
Pros and Cons of Options:
Options 1 and 2 would directly reduce the costs for buyer to purchase a residence in Avon as a primary
residence. The real estate transfer tax is split 50/50 between buyer and seller for a strong majority of real
estate transfers (anecdotally 95% of transactions). The buyer is required to pay the buyer’s portion of the
RETT at closing in addition to the down payment and other closing costs. An increase in the primary
residence exemption would directly reduce the buyer’s required cash at closing which will improve buyer’s
ability to purchase a residence. An increase of the primary residence exemption from $160K to $320K
would save a buyer a total of $6,400 at closing. An increase of the primary residence exemption from
$160K to $480K would save a buyer a total $9,600 at closing.
Option 2 proposes a limitation on an increased, additional primary residence RETT exemption to those
more in need and would exclude purchases of residences greater than ($640,000 to $960,000) on the basis
that the purchase of a residence in that price range does not warrant a public subsidy to promote
Community Housing. In addition, Option 2 limits the total exemption to one half of the consideration paid
for a residence because the existing primary residence exemptions contemplate that the exemption should
only apply to the RETT paid by buyer and the obligation to pay RETT is split 50/50 on most transactions.
Option 3 contemplates that the amount of subsidy associated with increasing the primary residence
exemption may be more impactful and beneficial to Avon’s community housing efforts if it were dedicated to
a housing fund.
Other Options: Council may desire other options, or hybrid options. For example, increasing the primary
residence exemption from $160K to $320K up to a maximum residential sales prices of $640K and
dedicating a small percentage (e.g. 7%) or set amount (e.g. $100K) per year of RETT to the Avon Housing
Fund, or dedicating only a portion of RETT to community housing when it exceeds a minimum amount in
any given year. The downside of a hybrid approach is that the impact may be diluted across several
housing efforts.
Impacts to RETT and Capital Improvements: The RETT generates an average of $3.1 million in
revenues per year. An increase in the primary residence RETT exemption from $160,000 to $320,000 can
be expected to reduce RETT revenues by $208,000 per year. An increase from $160,000 to $480,000 can
be expected to reduce RETT revenues by $416,000 per year. In the alternative, Council could amend AMC
Section 3.12.110 – Allocation of Revenue to dedicate a certain percentage or dedicate a specific dollar
amount to the Avon Community Housing Fund. A 5% dedication would result in approximately $155,000
per year in revenues for Community Housing. A 10% dedication would result in approximately $310,000
per year in revenues for Community Housing. Any increase to the primary residence RETT exemption or
any dedication to the Avon Housing Fund will have an impact on the available RETT revenues and capital
improvements project planning in the future.
EXEMPTION FOR DEED RESTRICTED UNITS: Ordinance 19-01 includes a clean-up to expressly allow
an exemption for transfers of deed restricted housing units with a new AMC Section 3.12.060(16). This has
been the policy and practice of Avon for a long time and has been approved under existing AMC Section
3.12.060(14) which authorizes the Town Manager to provide an exemption for the purpose of providing low
or moderately priced housing units. New AMC Section 3.12.060(16) would read:
ATTACHMENT A: FEB 7, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 7 of 7
“3.12.060(16) Transfers of Community Housing subject to a deed restriction to qualified
purchasers provided that the deed restriction that protections and maintains such
Community Housing for the benefit of the Town is in compliance with all terms and
conditions.”
RECODIFICATION AND AMENDMENTS TO AMC SECTION 3.12.060: Due to previous amendments and
the concern over TABOR restrictions and the impact of changes to existing language in Chapter 3.12 Real
Property Transfer Tax, the list of exemptions is disorderly. With the addition of new enactments, a slight
recodification is proposed so that the subject matter of the listed exemptions is more orderly.
SAMPLE MOTIONS:
[continuance] “I move to continue consideration of first reading of Ordinance No. 19-01 and provide
direction to staff to [make changes, research more information]”
[approval on first reading] “I move to approve first reading of Ordinance No. 19-01 Amending Chapter
3.12 Real Propery Transfer Tax and Enacting Chapter 3.14 Community Housing Tax and Fee Credits,
Exemptions and Waivers.”
Thank you, Eric
ATTACHMENT A: FEB 7, 2019 Memorandum
Ord. 19-01
March 12, 2019 FIRST READING
Page 1 of 8
TOWN OF AVON, COLORADO
ORDINANCE NO. 19-01
AMENDING CHAPTER 3.08 SALES TAX; CHAPTER 3.12 REAL
PROPERTY TRANSFER TAX; ENACTING CHAPTER 3.14
COMMUNITY HOUSING INCENTIVES; AND AMENDING CHAPTER
13.08 PUBLIC SERVICES 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, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Council adopted the Town of Avon Community Housing Plan on December 13,
2018, which included a policy to “formalize a fee waiver/reimbursement process” and which
included an Appendix A: Avon Community Housing Plan – Work Plan that contemplated
formalizing a Fee Waiver Program; and
WHEREAS, Council adopted the Town of Avon Comprehensive Plan which includes Policy
E.1.3: which states in part, “Provide attainable housing through alternative means, including . . .
waiver of development and building fees, . . .”; and
WHEREAS, the Avon Town Council finds that amendments to the Avon Municipal Code
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:
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 2 of 8
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 Section 3.08.036 – Tax credit for community housing. A new
Section 3.08.036 of the Avon Municipal Code is hereby enacted to read as follows:
“3.08.036 – Tax credit for community housing. Notwithstanding any other provision of
this Chapter, there shall be granted a sales tax credit to each person owing tax on the sale
of building materials and fixtures used in a community housing project provided that such
sales tax credit is approved by Council by resolution in accordance with Chapter 3.14.
Neither the ability of the Town to grant this tax credit nor the repeal or termination of this tax
credit shall constitute a tax increase, the imposition of a new tax or a tax policy change.”
Section 3. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon
Municipal Code is hereby amended to recodify Section 3.12.060(17) as Section 3.12.060(14); to
recodify and amend Section 3.12.060(14) to Section 3.12.060(15) to read as set forth in this
section; to recodify Section 3.12.060(15) to Section 3.12.060 (17); to recodify Section
3.12.060(16) to Section 3.12.060(18); to enact a new Section 3.12.060(16); and to enact a new
Section 3.12.060(19); such that Sections 3.12.060(14) through (19) shall read as follows:
“3.12.060 (14) The subsequent transfer of a residence involved in a "tax free" or "tax
deferred" trade under the Internal Revenue Code wherein the interim owner acquires
property for the sole purpose of reselling that property as part of a qualified exchange and
the property is resold within twenty-four (24) months after the first transfer. In these cases,
the first transfer of title is subject to the real property transfer tax and the subsequent transfer
will only be exempt as long as a transfer tax has been paid in connection with the first transfer
of such residence in such exchange. In the event the consideration for the subsequent
transfer is greater than the consideration for the first transfer, transfer tax shall be due on
such increased amount of consideration.
(15) Any sale or conveyance of real property or improvements for the purpose of
constructing or otherwise providing Community Housing as defined in Chapter 3.14;
provided, that the parties to the transaction shall apply to the Town Council for the exemption
prior to the occurrence of the transaction from which exemption is sought in accordance with
Chapter 3.14 Community Housing Incentives and that the property shall be subject to a deed
restriction that protects and maintains the Community Housing for the benefit of the Town;
(16) Transfers of Community Housing subject to a deed restriction to qualified purchasers
provided that the deed restriction that protects and maintains such Community Housing for
the benefit of the Town is in compliance with all terms and conditions.
(17) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided the following conditions are met:
a. The same applicant has not previously received an exemption pursuant to this
subsection;
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 3 of 8
b. An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1. An affidavit that the real property is being purchased for use as a primary residence and
not for investment or resale (provided that a co-signor shall not disqualify the exemption for
the applicant where the co-signor is signing for the sole purpose of facilitating the financing
qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not
a co-purchaser for investment or resale purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall fail
to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence within one (1) year after closing and granting to the
Town a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record.
c. The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(18) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided that the following conditions are met:
a. The applicant previously received a primary residence exemption pursuant to Section
3.12.060(17) and the applicant has satisfied the conditions of subsection (17)b.1. and 2. of
Section 3.12.060; and
b. An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1. An affidavit that the applicant's current primary residence used to satisfy the
requirements of Section 3.12.060(17) is within the town; that the applicant meets the
definition of an Eagle County employee; that the real property is being purchased for use as
a new primary residence and not for investment or resale (provided that a co-signor shall
not disqualify the exemption for the applicant where the co-signor is signing for the sole
purpose of facilitating the financing qualifications of the applicant/primary resident and signs
an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event that the applicant shall
fail to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence or shall cease to meet the definition of an Eagle
County employee within one (1) year after closing and granting to the town a lien securing
such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of
record; and
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 4 of 8
c. The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(19) The next [one hundred sixty thousand dollars ($160,000.00) or three hundred twenty
thousand dollars ($320,000.00)] of the consideration paid after the first one hundred and
sixty thousand dollars paid that is exempt pursuant to either Section 3.12.060(17) or (18)
above for any sale or conveyance of real property and completed improvements for
occupancy as a primary residence, provided the following conditions are met:
a. An application for exemption is filed with the Finance Department, which application
is accompanied by:
1. An affidavit that the applicant meets the definition of Eagle County employee; that
the real property is being purchased for use as a primary residence and not for investment
or resale (provided that a co-signor shall not disqualify the exemption for the applicant where
the co-signor is signing for the sole purpose of facilitating the financing qualifications of the
applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for
investment or resale purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall fail
to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence within one (1) year after closing and granting to the
Town a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record; and
3. The total consideration paid for the residence does not exceed [six hundred forty
thousand dollars ($640,000.00) or nine hundred sixty thousand dollars ($960,000.00)]; and,
4. The total additional consideration that is exempt pursuant to this Section
3.12.060(19) and either Section 3.12.060(17) or (18) does not exceed one half of the entire
consideration paid for the transfer.
b. The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.”
Section 4. Enactment of Section 3.14 – Community Housing Incentives. Section 3.14 of
the Avon Municipal Code is hereby enacted to read as follows:
“3.14 Community Housing Incentives.
3.14.010. Purpose. Council may elect to promote Community Housing through the use
of Community Housing Incentives, including the credit, exemption or waiver of taxes or fees
otherwise applicable to residential development.
3.14.020. Definitions
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 5 of 8
Community Housing means residential housing which is subject to a deed restriction that
limits use to long-term residential use as a primary residence by qualified persons and which
deed restriction may impose other restrictions and limitations and may include terms
deemed appropriate in the Town’s discretion, including but not limited to controls on the
resale price of such residential property, and which deed restriction is enforceable by the
Town.
Community Housing Incentive means a tax and/or fee credit, exemption, waiver or refund
approved in accordance with this Chapter 3.14.
3.14.030. Approval by Resolution. Any credit, exemption or waiver of taxes or fees shall
be approved by Council by resolution. The resolution shall include the following minimum
elements:
(1) The Community Housing project shall be defined by location, type of residential units,
and quantity of residential units;
(2) The taxes and/or fees that are subject to a credit, exemption and/or waiver shall be
defined, and may be apportioned for development project that includes both community
housing and non-community housing elements;
(3) The form of the deed restriction that shall protect and maintain such Community Housing
for the benefit of the Town shall be included with the resolution and the resolution shall
accept or authorize the acceptance and execution of deed restriction;
(4) The resolution shall include a finding that the tax and/or fee credits, exemptions and/or
waivers are necessary to promote community housing that meets a current or projected
housing need for the Aovn community; and,
(5) The resolution shall include a finding of public benefit for providing such tax and/or fee
credit, exemption and/or waiver.
3.14.040. Sales Tax. Council may provide a tax credit for the amount of sales tax
imposed upon building materials and fixtures delivered, installed and/or consumed in
Community Housing projects. Council may determine to provide a partial tax credit as
determined appropriate by Council for buildings with mixed Community Housing and
commercial uses and/or residential projects with mixed Community Housing and free-market
dwelling units. Neither the ability of the Town to grant the this tax credit nor the termination
of this tax credit shall constitute a tax increase, the imposition of a new tax or a tax policy
change.
3.14.050. Real Property Transfer Tax. Council may provide an exemption for the real
property transfer tax on property that is conveyed to construct or otherwise provide a
Community Housing project. Council may determine to provide a partial tax credit as
determined appropriate by Council for buildings with mixed Community Housing and
commercial uses and/or residential projects with mixed Community Housing and free-market
dwelling units.
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 6 of 8
3.14.060. Development Code Fees. Council may provide a waiver, refund or
reimbursement of Development Application review fees that are required pursuant to Title 7
Avon Development Code. The cost for third party consultants and professionals, studies
and reports are not included in the Development Application review fees that can be waived,
refunded or reimbursed under this Chapter 3.14.
3.14.070. Avon Water Tap Fees. Council may allow the tap fees to be credited towards
the cost of required water line upgrades or extensions, may allow a waiver of tap fees, may
allow deferment of water tap fee payment, or may allow a combination of credit, waiver
and/or deferment of tap fees that are required pursuant to Chapter 13.08 – Rates and
Charges of Title 13 – Public Services.
3.14.080. Building Permit fees. Council may provide a waiver of Plan Review and
Building Permit fees that are required pursuant to Title 15 Building Code.”
Section 5. Amendment of Section 13.08.030 – Classification of customers. Section
13.08.030 of the Avon Municipal Code is hereby amended to enact a new sub-section (4) to read
as follows:
“(4) Community Housing. Residential use which meets the definition of community housing
set forth in Section 3.14.020.”
Section 6. Enactment of Section 13.08.045 – Tap fee waiver for Community Housing. A
new Section 13.08.045 of the Avon Municipal Code is hereby enacted to read as follows:
“13.08.045 – Tap fee waiver for community housing. Town Council may waive tap fees
for residential units in a community housing project pursuant to the procedures set forth in
Chapter 3.14.”
Section 7. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Interpretation. This Ordinance shall be interpreted and applied to comply in all
respects with Article X, Section 20, of the Colorado Constitution, in its application to any person
or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax
policy change that would require voter approval.
Section 9. Non-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 or held to be in conflict
with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall invalidate
this Ordinance in its entirety. 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
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 7 of 8
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 10. 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 11. 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 12. 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 13. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
ATTACHMENT B: ORD. NO. 19-01
Ord. 19-01
March 12, 2019 FIRST READING
Page 8 of 8
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on March 12, 2019 and setting such public hearing for April 9, 2019 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
ADOPTED ON SECOND AND FINAL READING on April 9, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT B: ORD. NO. 19-01
Town of Avon
Community Housing Plan
December 2018
Prepared by Willa Williford
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
2
The Town of Avon seeks to build upon a long history as a high amenity year-round resort community, strength-
ening its vibrant and inclusive community culture. The current Comprehensive Plan sets the vision for diverse
and exciting opportunities for residents, businesses, and visitors. The current housing market, which offers
very few affordable opportunities for year-round residents to put down roots in Avon, poses a challenge to
this vision.
The potential community benefits of increasing workforce housing efforts to include:
More housing choices;•
Increased economic stability and a more active year-•
round economy for local residents and businesses;
Greater ability to retain individuals and families •
throughout life and career phases, strengthening the
sense of community, opportunity, and quality of life;
Further the goals of the Climate Action Plan by reducing •
single occupant vehicle commuting; and
Greater opportunities for arts and culture to thrive.•
Introduction
Goals & Objectives
The Comprehensive Plan sets two housing goals (each with numerous supporting policies):
Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all •
segments of the population.
Coordinate with neighboring communities to provide an attainable housing program that incorporates •
both rental and ownership opportunities, affordable for local working families.
“Avon’s vision is to provide a high quality of life, today and in the future,
for a diverse population; and to promote their ability to live, work, visit,
and recreate in the community.”
- TOWN OF AVON COMPREHENSIVE PLAN, MAY 2017
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
3
Goals and Objectives of this Housing Plan are as follows:
Focus on increasing deed restricted homeownership opportunities • for households making equivalent of 140% or less of the Area Median Income - $430,000 for a household of three people in 2018.
Grow the inventory of homeownership and “missing middle” inventory, • in place of additional rental housing stock, to create a more balanced portfolio with a long-term goal of 50% rental, 50% ownership.
• When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120% AMI level.
Stabilize or increase the percentage of year-round residents; currently 55% of all dwelling units in Avon are • occupied by year-round residents.
Stabilize or increase the percentage of Eagle County working residents Avon. •
Seek to add deed restricted units to the inventory in the short term.•
Strengthen regional partnerships with other communities and entities (i.e. Habitat for Humanity, Eagle • County, other municipalities) to make projects happen.
As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase • housing serving the local year-round population.
Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of new projects • and housing stock in the mid-valley; appendices may be updated by Resolution.
The Need
Since the end of the recession, jobs and population have been growing much more rapidly than housing
inventory, creating many challenges:
Frustration for locals seeking housing;•
Employers facing unfilled positions, turnover, higher training costs, and lost productivity; •
Precipitous increases in home prices, well beyond the means of most local residents; •
Extremely low vacancy rates, resulting in limited choices and rising costs for renters; and•
Negative impacts on individuals and families, who are spending a disproportionate amount of their in-•
come on housing, commuting long distances, and living in locations or situations that are not sustainable
for the long term.
Median price for all dwelling units sold in Avon in 2017 was $438,000. Condominiums accounted for 71%
of these sales, with a median price of $358,500. The median price for single family dwellings, duplexes and
townhomes was $850,000. The price affordable to a median income family is less than half than that, at about
$316,000. Only four dwelling units were on the market for $316,000 or lower in early 2018. The rental market
is similarly challenging: vacancy rates have been approaching zero, and since 2007, average rental rates have
risen 48% across the Eagle River Valley.
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
4
Strengths & Assets
Avon can build on existing assets and previous housing initiatives:
An inventory of 670 price-controlled housing units, 63 of which are deed restricted for sale units that •
were a result of successful PUD negotiations;
An Affordable Housing Fund balance of $675,000. As the Housing Fund increases, the additional fund •
should be leveraged to meet the goals of the plan;
A partnership with The Valley Home Store for monitoring and compliance of deed restrictions on for-sale •
units;
Employee housing mitigation requirements for some new commercial development;•
History of regional collaboration with public sector, non-profit and private sector on housing issues;•
Significant opportunities for development and redevelopment, with water rights, transit access, and •
existing available density on vacant and underutilized private parcels;
Commercially zoned land that may also be appropriate for residential development; and•
Adopted Comprehensive Plan, which sets housing as top policy priority.•
To meet the needs of local employees in the Eagle River Valley, over 4,000 additional dwelling units will be
required by 2020. In mid-valley, which includes Eagle-Vail, Avon, and Edwards, 1,500 dwelling units will be
needed. Subsidies or public/private partnerships are anticipated to be required for the majority of these
dwelling units to be financially feasible and affordable to local employees.
Avon and the mid-valley are highly desired locations for local households. In a recent survey of Eagle River
Valley households, 40% of renters and 39% of owners selected mid-valley as their first choice for where they
want to live.
The challenges with regard to housing need are significant. With this Plan, the Town of Avon is setting goals,
objectives, and action steps to respond. The Town’s resources include land, funding, staff time, and policy
making. Recognizing that the Town of Avon alone cannot address the housing need, these resources will be
used to leverage opportunities and create partnerships.
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
5
Tools & Strategies
In order to achieve these goals and objectives, the following tools and strategies should be pursued. Tools and
strategies are organized into three categories: Housing Development and Retention, Funding, and Housing
Policy. A timeline for implementation is included in Appendix A.
Housing Policy
The Town of Avon seeks to use both incentives and regulations to create a policy environment that is favorable
for local housing. The Town has a strong track record in including employee housing in PUD approvals. The
Town will continue to encourage, and, in some instances, require local housing in new planning approvals.
Initiatives to update and strengthen housing policies will include:
Review existing code for opportunities to increase the year-round occupancy of the existing housing •
stock, including consideration of short term rental, accessory dwelling units, and lock-off incentives
and regulations.
Update mitigation/linkage policies• to be more proactive in addressing housing needs. Current policies
are limited to very narrowly defined locations and development requests, and the current mitigation rate
is low compared with peer communities.
Consider implementing an • inclusionary housing policy. Inclusionary housing was considered in the 2010
code update, but was not adopted at that time. Inclusionary housing is a tool to create housing affordable
to locals. It is recommended to look at inclusionary housing and mitigation/linkage at the same time, to
better understand how the two tools complement each other, support policy goals, and maintain a level
playing field for commercial and residential development.
Conduct a • comprehensive review of fees associated with new construction and formalize a fee waiver/
reimbursement process for new housing that meets the goals of the plan.
Housing Development and Retention
A top priority is pursuing housing development on Town owned land. Two parcels, identified in the Town
of Avon Properties Plan, are appropriate to move forward with housing development in the next three years.
These sites are Wildwood and Swift Gulch.
This Plan is recommending that public outreach and feasibility analysis for Wildwood move forward this year.
Preliminary analysis for Swift Gulch can begin when there is a clear path forward for finance, entitlements,
and construction for Wildwood. Both sites are anticipated to be developed through public/private partner-
ships.
Two strategies have been identified to preserve market rate attainable housing that is currently at risk of
being lost to locals through rapid price increases and/or redevelopment. The first strategy is to “buy-down”
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
6
Funding
Local funding is a key ingredient to building and maintaining housing
units. Investing (or “leveraging”) local funds is essential to attracting
the outside funding sources such as grants, loans, tax credits and pri-
vate investments that, when combined, make housing development
financially feasible. Currently, the Avon Housing Fund has a balance
of about $675,000. It is anticipated that those funds will be invested
in the efforts outlined in this Plan, and that additional funds will be
needed moving forward. A two-step process is envisioned to secure
additional local funds for housing. The first step will be to review current revenue streams and determine
if additional funds can be directed to housing efforts through the annual budgeting process. This review will
begin at the end of 2018. Depending on the outcome of the first step, the second step will be to seek oppor-
tunities for new funding sources, which could include approaches such as increased linkage fees, regional
collaboration, and/or support for a local ballot initiative. Public/private partnerships are also a funding strat-
egy, generating potential access to grants, below market loans, and resources such as the Low Income Hous-
ing Tax Credit.
The Town of Avon understands the regional nature of housing, transportation and employment in the Eagle
River Valley. In pursuit of local year-round housing, the Town will continue to participate in regional studies,
seek opportunities to participate in regionally significant housing developments beyond Town boundaries,
and participate in employer forums, and be an advocate for other regional initiatives.
attainable market rate units and preserve their affordability with a permanent deed restriction. Nearby
precedents for this approach include Vail InDEED and Eagle Valley Ranch. This is a homeownership strat-
egy. The second strategy is to explore mechanisms such as mobile home preservation, acquisition, and
right of first refusal to preserve properties that currently house locals. A right of first refusal creates the
opportunity for the Town to purchase and preserve these assets, if the owner decides to sell and the Town
decides the property is a priority and is able to secure finance timely. This is a mobile home and multi-
family housing strategy. This program development is anticipated to begin in 2019.
Investing in maintenance of current inventory of deed restricted housing is an important component
of housing development and retention. Much of the affordable rental housing inventory has recently been
renovated, however, the homeownership inventory is in need of capital planning and reinvestment. The
Town of Avon has recently contracted with The Valley Home Store to assist with compliance monitoring
and re-sale of deed restricted properties. The next phase of this effort will be to conduct a capital needs
assessment of the home ownership assets and make a plan for funding and implementing capital improve-
ments. This effort is anticipated to begin in 2020.
Cultivating additional public/private partnerships for housing are additional strategies that will be on-
going. Collaborative efforts with Eagle County, other municipalities, and local employers are imperative
when fostering new opportunities for housing development and retention.
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
7
Investment Criteria
As the Town of Avon seeks to deploy monies from the Avon Housing Fund, the Town will evaluate
opportunities based on the following criteria:
Does the program or project meet the goals and objectives of the Comprehensive Plan and this Housing 1.
Plan?
Does the investment fill a gap that would otherwise keep the proposed program or project from moving for-2.
ward?
Does the program or project encourage resource conservation, energy efficiency and sustainable develop-3.
ment? Does the location offer access to multi-model transportation options and other services?
Is there participation from other regional partners, public and/or private?4.
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
APPENDIX A: AVON COMMUNITY HOUSING PLAN -WORK PLAN
Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
DEED RESTRICTED UNIT INVENTORY - CAPTIAL ASSESSMENT Lead
Determine Management & Capital Reserves for key properties Planning
Report to Council on Findings Planning/Council
Partner with HOAs to complete HOA Reserve Studies Planning
FORMALIZE FEE WAIVER PROGRAM FOR WORKER HOUSING
Review Town of Avon building and planning fees Planning
Formalize Fee Waiver Program Council
CODE AMENDMENTS - ADUs, STRs, INCLUSIONARY ZONING
Review current and previous ordinances and calculations Planning
Conduct outreach Planning
Revise and recommend adoption PZC
Consider for Adoption Council
WILDWOOD HOUSING PROJECT
Conduct Feasibility Planning/Engineer
Report to Council on Findings* Planning/Engineer
REVIEW REVENUE STREAMS & EVALUATE FUND CONTRIBUTIONS
Include annual allocation for housing in budget process Finance
Approve fund transfers each year during budget approval Council
PARTICIPATE IN REGIONAL STUDIES, SITE ANALYSIS, FORUMS Planning
CULTIVATE PUBLIC-PRIVATE PARTNERSHIPS Manager
*18 months estimated to select partner(s), entitlements, financing, and construction.
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
APPENDIX B – Definitions and Best Practices
Topic Definition Best Practices
Inclusionary Housing A percentage of residential units in new
subdivisions/PUDs are workforce housing. Market homes
support workforce units. Only effective if new
subdivisions/PUDs are developed/ redeveloped.
Carbondale, Eagle,
Eagle County, San
Miguel County
Linkage/Mitigation Requiring new residential and/or commercial
development to contribute to workforce housing
relative to demand generated by the new construction.
For residential, mitigation rate often increases with
house size, and deed restricted units are typically
exempt. Fees in lieu provides revenue stream that
fluctuates with building activity. Documented
relationship between fee and impact required.
Telluride, Aspen, Mt.
Crested Butte
Fee Waivers Water/sewer tap fees, building permit or other fees
waived in part or whole to reduce cost to build
affordable housing. General funds or other source need
to cover cost of fees waived.
Breckenridge, Crested
Butte
Dedicated Funding
Source
Funding is a core component of building housing and
running successful housing programs. Few programs
begin with funding; rather finding funding is an
incremental process that goes hand in hand with
creating goals and objectives, developing policies,
securing appropriate land for housing, and moving
forward with public/private partnerships. Dedicated
funding sources take many forms including grants, fee in
lieu payments, taxes, voluntary assessments, proceeds
from rents or sales.
Summit County,
Steamboat Springs,
Crested Butte, Aspen,
Telluride
Public/Private
Partnerships
Partnering with developers to build attainable units,
typically on publicly-owned sites, or using other public
resources such as property tax exemption. RFQ/RFP
process effective for selecting development partners.
Ownership of land can be retained with long-term land
leases.
Eagle County, Vail,
Breckenridge, Boulder
Land Banking Acquiring land for eventual housing development when
specific project is not known. Summit County, Vail,
Boulder County,
Breckenridge,
Telluride
Buy Down of Market
Homes
Usually involves buying down units with public funds.
Deed restrictions imposed for permanent affordability.
Inability to obtain condo mortgages can result in units
being rented. Public sector purchases can drive up prices
for low-end market units.
Breckenridge,
Telluride, Whitefish
MT
No Net Loss Policy Requiring replacement of housing occupied by the
workforce when redevelopment occurs. Similarly-priced
units should be replaced on site or another site, or a fee-
in-lieu of replacement could be allowed.
Boulder, Basalt
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
APPENDIX C - Area Median Income for Eagle County 2018
Area Median Income for Eagle County, 2018
Household Size 1 2 3 4 5 6
AMI Classifications
Extremely Low (30% AMI) $18,270 $20,880 $23,490 $26,070 $28,170 $30,270
Very Low (50% AMI) $30,450 $34,800 $39,150 $43,450 $46,950 $50,450
60% AMI (LIHTC max) $36,540 $41,760 $46,980 $52,140 $56,340 $60,540
Low (80% AMI) $48,720 $55,680 $62,640 $69,520 $75,120 $80,720
Median (100% AMI) $60,900 $69,600 $78,300 $86,900 $93,900 $100,900
Moderate/Middle (140%
AMI) $85,260 $97,440 $109,620 $121,660 $131,460 $141,260
Upper (200% AMI) $121,800 $139,200 $156,600 $173,800 $187,800 $201,800
Source: CHFA
Affordable Home Price Calculation by AMI, 2018
AMI % 30% 60% 100% 140% 200%
Household Income – 3 persons $23,490 $46,980 $78,300 $109,620 $156,600
Affordable Purchase price
Affordable monthly payment (30%) $587 $1,175 $1,958 $2,741 $3,915
Principal & interest (80% of pmt) $470 $940 $1,566 $2,192 $3,132
HOA, taxes, insurance (20% of pmt) $117 $235 $392 $548 $783
Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00%
Max mortgage $47,515 $175,030 $291,717 $408,404 $583,434
Max Affordable Price -5% down $92,000 $184,00
0
$307,00
0
$430,000 $614,000
Affordable Rent $587 $1,175 $1,958 $2,741 $3,915
Affordable purchase prices were calculated assuming that a household would have 5% for a
down payment, and would qualify for a loan at 30% of their monthly income. HOA, property
taxes and insurance of 20% were included in loan amount. The maximum mortgage assumes
an interest rate of 5%, which is about half point higher than prevailing rates for 30-year fixed
rate mortgages. Interest rates are rising, however, and will have a profound impact on housing
affordability. A one-point increase in the rate, as occurred in 2013, would drop the affordable
purchase price for a median income household by $30,000 to $35,000.
ATTACHMENT C: AVON COMMUNITY HOUSING PLAN
(14)The subsequent transfer of a residence involved in a "tax free" or "tax deferred" trade
under the Internal Revenue Code wherein the interim owner acquires property for the sole
purpose of reselling that property as part of a qualified exchange and the property is resold
within twenty-four (24) months after the first transfer. In these cases, the first transfer of title
is subject to the real property transfer tax and the subsequent transfer will only be exempt
as long as a transfer tax has been paid in connection with the first transfer of such residence
in such exchange. In the event the consideration for the subsequent transfer is greater than
the consideration for the first transfer, transfer tax shall be due on such increased amount
of consideration.
(14(15) Any sale or conveyance of real property or improvements for the purpose of
constructing or otherwise providing low or moderately priced housing units for sale or
lease to low or moderate income personsCommunity Housing as defined in Chapter
3.14; provided, that the parties to the transaction shall apply to the Town ManagerCouncil
for the exemption prior to the occurrence of the transaction from which exemption is sought,
in accordance with Chapter 3.14 Community Housing Incentives and that the
partiesproperty shall agreebe subject to appropriately restrict the future use of the
property to low and moderately priced housing units by recorded agreement,a deed
restriction, covenants, declarations or similar instruments as may be required by that
protects and maintains the Community Housing for the benefit of the Town Manager; ;
(15)(16) Transfers of Community Housing subject to a deed restriction to qualified
purchasers provided that the deed restriction that protects and maintains such Community
Housing for the benefit of the Town is in compliance with all terms and conditions.
(17)The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided the following conditions are met:
a.The same applicant has not previously received an exemption pursuant to this
subsection;
b.An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1.An affidavit that the real property is being purchased for use as a primary residence and
not for investment or resale (provided that a co-signor shall not disqualify the exemption for
the applicant where the co-signor is signing for the sole purpose of facilitating the financing
qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not
a co-purchaser for investment or resale purposes); and
2.A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall fail
to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence within one (1) year after closing and granting to the
Town a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record.
ATTACHMENT D: REDLINE of Code Amendments
c.The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(1618) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided that the following conditions are met:
a.The applicant previously received a primary residence exemption pursuant to Section
3.12.060(1517) and the applicant has satisfied the conditions of subsection (1517)b.1. and
2. of Section 3.12.060; and
b.An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1.An affidavit that the applicant's current primary residence used to satisfy the
requirements of Section 3.12.060(1517) is within the town; that the applicant meets the
definition of an Eagle County employee; that the real property is being purchased for use as
a new primary residence and not for investment or resale (provided that a co-signor shall
not disqualify the exemption for the applicant where the co-signor is signing for the sole
purpose of facilitating the financing qualifications of the applicant/primary resident and signs
an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and
2.A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event that the applicant shall
fail to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence or shall cease to meet the definition of an Eagle
County employee within one (1) year after closing and granting to the town a lien securing
such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of
record; and
c.The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(17)(19) The next [one hundred sixty thousand dollars ($160,000.00) or three hundred
twenty thousand dollars ($320,000.00)] of the consideration paid after the first one hundred
and sixty thousand dollars paid that is exempt pursuant to either Section 3.12.060(17) or
(18)above for any sale or conveyance of real property and completed improvements for
occupancy as a primary residence, provided the following conditions are met:
a.An application for exemption is filed with the Finance Department, which application
is accompanied by:
1.An affidavit that the applicant meets the definition of Eagle County employee; that
the real property is being purchased for use as a primary residence and not for investment
or resale (provided that a co-signor shall not disqualify the exemption for the applicant where
the co-signor is signing for the sole purpose of facilitating the financing qualifications of the
applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for
investment or resale purposes); and
ATTACHMENT D: REDLINE of Code Amendments
2.A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall fail
to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence within one (1) year after closing and granting to the
Town a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record; and
3.The total consideration paid for the residence does not exceed [six hundred forty
thousand dollars ($640,000.00) or nine hundred sixty thousand dollars ($960,000.00)]; and,
4.The total additional consideration that is exempt pursuant to this Section
3.12.060(19) and either Section 3.12.060(17) or (18) does not exceed one half of the entire
consideration paid for the transfer.
b.The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.”
The subsequent transfer of a residence involved in a "tax free" or "tax deferred" trade under
the Internal Revenue Code wherein the interim owner acquires property for the sole purpose
of reselling that property as part of a qualified exchange and the property is resold within
twenty-four (24) months after the first transfer. In these cases, the first transfer of title is
subject to the real property transfer tax and the subsequent transfer will only be exempt as
long as a transfer tax has been paid in connection with the first transfer of such residence in
such exchange. In the event the consideration for the subsequent transfer is greater than
the consideration for the first transfer, transfer tax shall be due on such increased amount
of consideration.
ATTACHMENT D: REDLINE of Code Amendments
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Acting Town Manager
Date: April 9, 2019
Topic: ACTION ON HAHNEWALD BARN PHASE I PROJECT
ACTION BEFORE COUNCIL:
Council is asked to take action on the Hahnewald Barn Phase 1 Project.
RECOMMENDED MOTION:
“I move to rescind the action that was taken at the February 12, 2019 Town Council meeting to proceed
with Phase 1 of Scheme B of the Hahnewald Barn Project. Furthermore, I move to take no further action
on the Hahnewald Barn Project and direct staff to inform the Eagle River Water and Sanitation District
that the Town of Avon will not further pursue acquisition of the Hahnewald Barn.”
BACKGROUND:
Back on February 12th, Council voted 4 to 3 to proceed with Phase 1 of the Hahnewald Barn Project.
Council directed staff to proceed with the $1.6 million Scheme B, Phase I project as presented by
Andersen Hallas Architects. After receiving substantial public input in support and opposition to the
Hahnewald Barn Phase 1 Project, Council passed a motion at the February 26th Council meeting to refer
a survey question to registered Avon voters concerning the Project. Council specifically asked for the
survey to mimic the elements of an official special municipal election.
Prior to the decision, Council reviewed draft versions of a potential Survey Question and a Fact Sheet
that described the Hahnewald Barn Phase 1 Project and the community survey process. Direction was
provided to gather public input on both the Survey Question and Fact Sheet before finalization.
Draft versions of the Survey Question and Fact Sheet, as presented to the Town Council during the
February 26th Council meeting, were made available for public review at www.avon.org/barn. The Town
solicited and accepted emailed comments on both documents until the morning of March 4th. Staff
made an effort to incorporate comments that were appropriate neutral, objective and accurate. A
revised Survey Question and Fact Sheet were posted to www.avon.org/barn on the afternoon of March
4th, in advance of a Community Meeting on the morning of March 5th at Avon Town Hall. At that
meeting, staff presented the revisions that were made to both the Survey Question and Fact Sheet, and
attendees were given the opportunity to provide additional comments or suggested revisions to the
language. At the end of the Community Meeting, the language in both the Survey Question and Fact
Sheet were finalized in a way that was viewed as generally acceptable, accurate, fair and neutral by
attendees in support and opposition to the Hahnewald Barn Phase 1 Project. The final Survey Question
read as follows:
The Hahnewald Barn Phase 1 Project Survey Question was mailed to all qualified Avon electors on
March 12th and voters had up until 5:00 p.m. on April 2nd to submit their ballot. Survey Returns were
counted on the evening of April 2nd and the final result, of valid returns, was as follows:
YES – 104 votes
NO – 891 votes
The Town received 28 Survey Returns that were invalidated because the signature field on the Return
Envelope was not signed by the voter. Of those Returns, eight were “Yes” votes, 16 were “No” votes,
and four were blank. In the days after April 2nd, the Town received, via USPS, 23 more completed
surveys. Of those, 22 of them were “No” votes and only one was a “Yes” vote.
The Town’s costs associated with completing the survey were as follows:
Materials, printing, matched stuffing and sealing, postage, and voter registration lists: $6,008.87
Staff time: $2,452
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Acting Town Manager
Date: April 9, 2019
Topic: APPROVAL OF TOWN MANAGER EMPLOYMENT AGREEMENT WITH ERIC HEIL
ACTION BEFORE COUNCIL:
Council is asked to review and approve the Town Manager Employment Agreement with Eric Heil.
PROPOSED MOTION:
“I move to approve the Town Manager Employment Agreement with Eric Heil.”
SUMMARY:
Attached is the Town Manager Employment Agreement for Eric Heil. The terms of this Employment
Agreement have been reviewed and approved by Mr. Heil. This Employment Agreement establishes the
base salary, allowance for housing and auto expenses, reimbursement for relocation expenses and
terms regarding benefits. The Employment Agreement is in general accordance with the Town of Avon’s
personnel policies. In addition, the Employment Agreement incorporates the four‐month limitation on
any severance payment in compliance with the Avon Home Rule Charter. Finally, the Employment
Agreement sets forth provisions for periodic performance review.
The date for commencement of employment is April 29, 2019. This Employment Agreement is
scheduled on the Consent Agenda for approval by the Council.
ATTACHMENT:
Town Manager Employment Agreement with Eric Heil
Town of Avon
Town Manager Employment Agreement
April 9, 2019
Page 1 of 20
TOWN OF AVON TOWN MANAGER EMPLOYMENT AGREEMENT
THIS TOWN MANAGER EMPLOYMENT AGREEMENT (the “Agreement”) is effective
April 9, 2019 and is by and between Eric J. Heil, (the “Manager”) and the Town of Avon, Colorado (the “Town”), a Home Rule municipality in the State of Colorado (individually, a
“Party” and collectively, the “Parties”), and is made to set forth the terms and conditions of
Manager’s employment with the Town.
NOW, THEREFORE, in consideration of the mutual promises and payments herein contained, the Parties agree to the following terms and conditions:
1.0 EMPLOYMENT. Manager is employed as Town Manager of the Town for an indefinite
period as an at-will employee, subject to: the terms and conditions of this Agreement; the Town of
Avon Employee Policies & Procedures, effective April 25, 2016; the Town of Avon Compensation
& Benefits Programs, effective January 1, 2016; and the Avon Home Rule Charter, as each and all
may be amended from time to time.
2.0 DUTIES. Manager is employed as Town Manager in a full-time capacity, with such duties and functions as are specified in the Town of Avon Home Rule Charter, as may be specified by
ordinance or in the Avon Municipal Code, and as may be directed by the Town Council.
3.0 COMPENSATION.
3.1 BASE SALARY. The Town agrees to pay Manager a base annual salary (“Base Salary”) of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000.00), which shall be paid on and from the Commencement Date. Payment of the Base Salary
under this Agreement shall be made in equal installments on a biweekly basis during the
term of this Agreement. The Base Salary shall be prorated for 2019 to reflect the
Manager’s Commencement Date, and for any other calendar year in which the Manager is employed for fewer than 12 months.
3.2 AUTOMOBILE ALLOWANCE. Manager shall receive FIVE HUNDRED
DOLLARS ($500.00) per month as additional, taxable compensation in return for his use
of his own, owned automobile in conducting Town business, which shall be paid on and from the Commencement Date. The Manager shall be expected to use his personal vehicle for travel to and from business meetings and on trips related to performance of Town
Manager duties. The Manager shall, therefore, not be eligible for mileage reimbursement.
3.3 HOUSING ALLOWANCE. Manager shall receive FIVE HUNDRED
Town of Avon
Town Manager Employment Agreement
April 9, 2019
Page 2 of 20
SEVENTY DOLLARS ($570.00) per month as additional, taxable compensation to defray the costs of maintaining a primary residence in Avon, Beaver Creek, or EagleVail, Colorado. This payment shall be reduced by half, to TWO HUNDRED EIGHTY-FIVE
DOLLARS ($285.00) per month, if the Manager maintains a residence in Homestead,
Edwards town center, Singletree, Arrowhead, or Bachelor Gulch, Colorado. No amount
will be paid to the Manager in accordance with this Section 3.3 if the Manager maintains his primary residence in any community other than those listed above.
3.4 RETIREMENT. Beginning on the Commencement Date, the Town shall
contribute an amount into the Town of Avon Public Employees Money Purchase Pension
Plan (the “401(a) Plan”) equal to that amount the Manager defers into the 401(a) Plan. As of the Commencement Date, that amount is eleven percent (11%) of the Manager’s Base Salary. The Town’s matching contribution shall be paid into the 401(a) Plan in
biweekly installments. In addition to the 401(a) Plan, the Manager shall be eligible to
participate in the Town’s Section 457 Deferred Compensation Retirement Plan in
accordance with the terms and conditions of that plan, and to the extent that the Town maintains that plan.
3.5 INSURANCE BENEFITS. The Town shall provide and pay that portion of the premiums for health, dental, vision, and term life insurance for Manager and his dependents that it pays on behalf of other full-time employees of the Town in accordance with Town
of Avon Compensation & Benefits Programs, effective January 1, 2016, as may be
amended from time to time (the “Insurance Benefits”).
3.6 PAID TIME OFF. The Manager shall be entitled to paid time off (“Paid Time Off”) in accordance with Section 2.16 (a) of the Town of Avon Compensation & Benefits
Programs, effective January 1, 2016, as may be amended from time to time, provided that
Manager shall begin accruing Paid Time Off at the rate of an employee with five (5) years
of employment with the Town, which accrual shall begin on the Commencement Date. Additionally, on Commencement Date, the Town will award the Manager eighty (80) hours of Paid Time Off, which shall be immediately available for the Manager’s use.
3.7 OTHER BENEFITS. Manager shall be entitled to participate in any other benefits that are provided by the Town to other full-time, executive employees in accordance with
the applicable participation requirements.
3.8 COMPENSATION ADJUSTMENT. The Compensation of the Manager may be adjusted based upon the Manager’s annual performance evaluation, as set forth in Section
4 below, by the Town Council, subject to the Town Council’s sole discretion. Any change
in Compensation shall be effective on such date as Council may determine in its sole
discretion. Compensation adjustments shall be made by motion and vote and do not require amendment of this Agreement.
3.9 RELOCATION EXPENSES. The Town shall reimburse Manager for those
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Town Manager Employment Agreement
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direct moving expenses the Manager incurs prior to August 31, 2021, to move his primary residence to any of the Eagle River Valley neighborhoods identified by name in Section 3.3 above, to a maximum of four thousand dollars ($4,000.00). The Manager shall present
receipts or other documentation to support all such reimbursements. The Town’s
reimbursement of the Manager’s relocation expenses may constitute taxable income to the
Manager and may be subject to withholding in accordance with applicable law.
4.0 PERFORMANCE REVIEW. The Town Council shall strive to complete the annual
performance review of the Manager in March of each calendar year, unless the Town Council determines a different month during which to complete an annual performance review. The Town Council also may require a performance evaluation at any time a majority of the Council deems a
review is necessary. The Town Council shall inform the Manager as to the Town Council’s
opinion and expectations regarding his performance as Town Manager based upon such
performance criteria as the Town Council may utilize in its sole discretion. 5.0 COMMENCEMENT OF EMPLOYMENT AS TOWN MANAGER. The Effective
Date of the Agreement is April 9, 2019, irrespective of the date or dates upon which the Parties
execute it. Manager shall commence his duties as Town Manager on Monday, April 29, 2019,
(“Commencement Date”).
6.0 FACILITIES. The Town shall furnish office facilities and assistance for Manager as the
Town Council deems appropriate for the performance of Manager’s duties.
7.0 LIMITATION ON EXTERNAL PROFESSIONAL ACTIVITIES. Manager shall not
engage in any non-Town employment activities for compensation without the express written
consent of the Town Council. It is the intent of the Parties that Manager’s employment will require
his full-time commitment.
7.1 Notwithstanding Section 7.0, the Manager shall be permitted to pursue his
occasional efforts as a professional musician, so long as they do not interfere with the
performance of his Town duties. While the Manager may accept payment for musical engagements, he may not accept payment with respect to any engagement that the Town funds, directly or indirectly, in whole or in part.
8.0 PARTICIPATION IN PROFESSIONAL ORGANIZATIONS. Participation in
professional organizations and voluntary programs is encouraged, provided they are consistent with the responsibilities of the Town Manager and with the interests of the Town. The Town shall pay Manager’s membership fees and reasonable costs of participation in the International City
Manager’s Association; the Colorado Bar Association; the American Planning Association; the
Colorado Chapter of the American Planning Association; and other memberships and professional
development activities the Town Council determines are consistent with his employment. The Town shall also pay those attorney registration fees and reasonable continuing legal education
costs required for the Manager to maintain an active license to practice law in the State of
Colorado.
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Town Manager Employment Agreement
April 9, 2019
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9.0 CONFERENCE ATTENDANCE. The Town shall pay for all reasonable expenses
related to Manager’s attendance at: the International City Manager’s Association annual
conference; all Colorado Association of Ski Town monthly meetings; the Colorado Association of Ski Towns annual conference; the Colorado Municipal League annual conference; and at least one other out-of-state conference to be selected at the reasonable discretion of the Manager. Manager
may propose additional job related training, education, and professional memberships and
participation, which shall be subject to review and approval by the Town Council. Additionally,
the Manager must attend, at Town’s expense, a leadership/management professional development course by April 30, 2020. The coursework shall be selected by the Manager and shall require the Town Council’s prior approval.
10.0 TERMINATION WITH SEVERANCE. This Agreement may be terminated, and the Manager shall receive the below-defined Severance, in the event of the following:
10.1 The Town may terminate Manager’s employment without Cause (“Cause,” as defined below in Section 12), at any time, upon the vote of the majority of the Town Council, and nothing contained in this Agreement shall restrict any Town Council member
from making a motion or voting to terminate Manager’s employment without Cause at any
regular or special meeting.
10.2 The Manager may terminate his employment by resigning the position of Town
Manager for Good Reason. As used in this provision, “Good Reason” shall mean:
10.2.1 Upon receiving the recommendation that he resign from the Town Council,
as represented by a majority of its members; or
10.2.2 Upon the Town’s breach of any material provision of Section 3.0 that
remains uncured for forty-five (45) consecutive days after Manager provides the
Town Council written notice of the alleged breach and demand for cure.
11.0 SEVERANCE.
11.1 The Town shall provide the Manager a severance payment (“Severance,” as
defined below), if Manager’s employment is terminated by the Town without Cause, or by the Manager for Good Reason, so long as the Manager executes the Severance, Waiver,
and Release of Claims Agreement described below.
11.2 The Town shall not be obligated to pay Severance if Manager’s employment is
terminated for Cause, defined below in Section 12, or in the case that Manager resigns voluntarily without Good Reason, as set forth in Section 13.
11.3 The Severance payment shall equal four (4) months’ Base Salary, at the Manager’s
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Town Manager Employment Agreement
April 9, 2019
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then-current rate of pay, and the cost of Insurance Benefits as described in Section 3.5, above, for the same four-month period.
11.3.1 Severance payments shall be subject to and conditioned upon the Manager’s execution of a Severance, Waiver, and Release of Claims Agreement, in a form substantially similar to that attached to this Agreement as Exhibit One.
11.3.2 The Severance payment shall be paid in a lump sum within twenty (20) days after the expiration of all applicable consideration and revocation periods provided
for in the Severance, Waiver, and Release of Claims Agreement.
11.3.3 The Severance payment shall be reduced by all taxes and other withholdings required by law, and by the outstanding balance of any amount due and owing from
the Manager to the Town.
11.3.4 Severance shall include reimbursement to Manager for his payment of premiums necessary to maintain Insurance Benefits through COBRA or other applicable laws or regulations providing continuation of coverage for four (4)
months following the termination of his employment by the Town without Cause,
or by the Manager for Good Reason.
12.0 TERMINATION FOR CAUSE WITHOUT SEVERANCE. This agreement may be
terminated for Cause, at any time, upon the vote of the majority of the Town Council.
12.1 For the purpose of this Agreement, “Cause” shall consist of:
12.1.1 Conduct by Manager which is fraudulent or dishonest, including the Manager’s intentional failure to provide known information to the Town Council
that is material to Town Council actions; or
12.1.2 Manager’s conduct that, if proven, would constitute a criminal offense
evidencing poor character or judgment, or moral turpitude, where Town Council
finds that there is reason to believe that such conduct occurred; or
12.1.3 Negligence, malfeasance, misfeasance, or nonfeasance in office; intentional
or negligent violation of state or federal civil rights; or sexual harassment; or
12.1.4 Excessive use of alcohol or drugs, which renders Manager unfit or unable
to perform his duties, as determined by the Town Council.
12.2 If the Town Council intends to consider termination of Manager’s employment for
Cause, the Town Council, at any time, upon the vote of the majority of such Council, shall
give Manager written notification stating the Cause for termination (“Notice of
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Termination for Cause”). If the Manager desires to question whether the matters stated in the Notice of Termination for Cause are accurate, or whether they constitute Cause, Manager shall have the right to do so on written notice (“Notice of Appeal”) to the Town
Council given within ten (10) days after his receipt of the Notice of Termination for Cause.
Upon receiving the Manager’s Notice of Appeal, the Town Council shall provide the
Manager a hearing before the Council within 15 business days. Such hearing shall be conducted in accordance with rules of procedure reasonably established by the Town Council. The Town Council’s determination, which shall be delivered to the Manager
within five (5) business days of the Manager’s appeal hearing, shall be final and shall not
be subject to further review.
12.3 If the Manager resigns upon notice from the Town Council that it is considering terminating the Manager’s employment for Cause, Town Council, in its sole discretion,
may elect to treat such resignation as a termination for Good Reason, with Severance, in
accordance with Section 10.2, above, or may elect to treat such resignation as a resignation
without Good Reason in accordance with Section 13.0 below, in which case such resignation shall be effective immediately and Manager shall not be entitled to Severance.
13.0 RESIGNATION. As an at-will employee, if Manager voluntarily resigns Manager’s position with the Town in a manner not contemplated by Section 10, Manager shall strive to provide a minimum of forty-five (45) days written notice, unless the Parties otherwise agree. Upon
the effective date of resignation, Manager shall be entitled to no further compensation or benefits
under this Agreement or otherwise, but will be compensated for accrued, but unused, Paid Time
Off in accordance with the Town of Avon Compensation and Benefits Programs, effective January 1, 2016, as may be amended from time to time.
14.0 ARBITRATION. Whenever a dispute arises with respect to this Agreement, or as to any
aspect of the Manager’s employment or the termination thereof, that the Parties are unable to resolve through negotiation or other informal process, then, upon written demand of either Party,
such dispute shall be submitted to binding arbitration conducted by the Judicial Arbiter Group,
Inc. of Denver, Colorado, or its successor, or by such other arbitrator as the Parties may mutually
select, pursuant to the rules and procedures determined by agreement of the Parties or, failing such
agreement, by the arbitrator. The arbitration hearing shall be held within sixty (60) days of appointment of the arbitrator unless otherwise agreed by both Parties. Furthermore, each Party
shall be entitled to one deposition. The Colorado Rules of Evidence shall not apply unless
otherwise agreed by the Parties or determined by the arbitrator. Further, the arbitrator shall have
discretion to determine whether any proffered evidence is sufficiently reliable and probative to be
admitted. The determination of the arbitrator shall be final and absolute. The award of the arbitrator may be entered as a judgment in any court in the State of Colorado or elsewhere. If the
Parties are unable to mutually agree on the selection of an arbitrator, then each Party shall select
an arbitrator and the two arbitrators shall select a third arbitrator who shall make the determination,
render final decisions, and issue an award. The Town shall bear the costs of any arbitration
proceeding, however the Town and the Manager shall each bear their own attorney’s fees.
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April 9, 2019
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The Parties intend this arbitration agreement to be a full and
complete waiver of their rights to seek redress in any dispute
between them related to the Manager’s Town employment from a
court or before a jury.
15.0 INDEMNIFICATION. The Town shall defend, save harmless, and indemnify Manager
against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other
liabilities incurred by, imposed upon, or suffered by Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of an alleged act or omission in the performance of Manager’s duties as Town Manager or resulting from the Manager’s exercise
of judgment or discretion in connection with his proper performance of duties or responsibilities
on behalf of the Town, except to the extent the act, omission, or exercise involves the Manager’s
reckless, willful, or wanton conduct; intentional misconduct; or, an act, omission or exercise that meets the definition of Cause. Manager may request the Town to provide independent legal representation acceptable to Manager at the Town’s reasonable expense and the Town shall not
unreasonably withhold approval. Legal representation provided by the Town for Manager shall
extend until a final determination of the legal action including any appeals brought by either party.
Any settlement of any claim must be made with prior approval of the Town in order for indemnification as provided in this Section to be available.
16.0 NOTICES. All written notifications contemplated in this Agreement shall be sent to the
following addresses via U.S. Mail or nationally recognized overnight courier, provided that the
Manager may amend the address for notification by providing written notice of such address change:
If to the Town: If to Manager:
Mayor
Town of Avon
100 Mikaela Way
P.O. Box 975
Avon, CO 81620
Eric J. Heil
Home Address: __________________
_______________________________
_______________________________
With Copy to:
Town Attorney 100 Mikaela Way
P.O. Box 975
Avon, CO 81620
_______________________________
_______________________________ _______________________________
_______________________________
17.0 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties
as to the subject matter hereof and may not be changed orally, but only by written agreement signed
by both Parties. 18.0 BINDING EFFECT. The Agreement shall be binding upon the Town and Manager and,
as applicable, upon their heirs, personal representatives, successors, and authorized assigns.
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April 9, 2019
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19.0 ASSIGNMENT. The rights and obligations of this Agreement are personal in nature and shall not be assigned or otherwise conveyed by a Party without the prior written consent of the other Party.
20.0 NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Manager, and nothing contained in this Agreement shall give or allow any such claim or right of action by any third person to this
Agreement. It is the expressed intention of the Town and Manager that any person other than the
Town or Manager receiving services or benefits under this Agreement shall be deemed to be an
incidental beneficiary only. 21.0 SEVERABILITY. The validity or partial invalidity of any provision of this Agreement
will not affect the validity of any other provision. In the event that any provision of this Agreement
is held to be invalid, the Parties shall negotiate and diligently seek to reach agreement regarding
the intent of the Parties concerning any such invalid provision. Accordingly, if any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to remain in full force and effect.
22.0 INDEPENDENT LEGAL ADVICE. The Manager acknowledges that the Town has advised him to obtain independent legal advice with respect to entering into this Agreement, and
that he has obtained such independent legal advice to the extent he deemed appropriate. Manager
further acknowledges that he is entering into this Agreement with full knowledge of the contents
hereof, of the Manager’s own free will, and with full capacity and authority to do so. 23.0 ARTICLE X, SECTION 20/TABOR. The Parties acknowledge that the Town is subject
to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate
the terms and requirements of TABOR by the execution of this Agreement. It is understood and
agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the
continuing availability of funds beyond the term of the Town's current fiscal period ending upon
the next succeeding December 31. Financial obligations of the Town payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Town of Avon, and other applicable law. Upon the Town’s failure to appropriate such funds, this Agreement shall
be deemed terminated and the Manager shall be deemed terminated without Cause, unless such
action is the result of a prior termination for Cause pursuant to Section 12.
24.0 COUNTERPART EXECUTION. This Agreement may be executed by the Parties in
counterparts, which, together, shall form a single document.
Town of Avon
Town Manager Employment Agreement
April 9, 2019
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Signature Pages Follow
Town of Avon
Town Manager Employment Agreement
April 9, 2019
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The Town of Avon, evidenced by the signature of its authorized representative, has read and considered this Town Manager Employment Agreement, understands its terms and conditions, and hereby agrees to employ Eric J. Heil as Avon Town Manager on the terms and conditions set forth
herein.
TOWN OF AVON, COLORADO
BY:___________________________________
Sarah Smith, Mayor Date
ATTEST:_______________________________
Brenda Torres, Acting Town Clerk Date
APPROVED AS TO FORM:
___________________________ Kevin C. Paul
Special Counsel to the Town of Avon
Town of Avon
Town Manager Employment Agreement
April 9, 2019
Page 11 of 20
Eric J. Heil, as evidenced by his signature below, has read and considered this Town Manager Employment Agreement, understands its terms and conditions, and hereby agrees to serve as Avon Town Manager on the terms and conditions set forth herein.
Signature Date
Town of Avon
Town Manager Employment Agreement
April 9, 2019
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TOWN OF AVON TOWN MANAGER EMPLOYMENT AGREEMENT
EXHIBIT ONE: Form of Severance, Waiver, and Release of Claims Agreement
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Town Manager Employment Agreement
April 9, 2019
Page 13 of 20
TOWN of AVON, COLORADO
SEVERANCE, WAIVER & RELEASE OF CLAIMS AGREEMENT
THIS DOCUMENT IS INTENDED AS AN EXAMPLE ONLY
AND DOES NOT CONSTITUTE A CURRENT OFFER OF SEVERANCE
FROM THE TOWN OF AVON TO THE TOWN MANAGER.
This Severance, Waiver, and Release of Claims Agreement (the “Agreement”) is
entered into by and between the undersigned Town Manager, Eric J. Heil (“You”) and
the Town of Avon, Colorado, and its respective elected officials, employees, agents,
representatives, attorneys, and insurers (collectively the “Town”). You and the Town
will be referred to collectively as the “Parties.”
1. Your employment with the Town will conclude on
, 20 (the “Separation Date”), irrespective of the date
upon which You execute this Agreement.
2. By your signature below, You acknowledge and agree that, as of the
Separation Date, You were paid all wages or salary, all accrued unused vacation time,
characterized by the Town as Paid Time Off, and any other compensation due and owing
to You through the Separation Date, less the applicable tax or other deductions required
by law, or deductions authorized by You in writing.
3. By your signature below, You agree that You have returned or, within seven
(7) days of the Separation Date, will return all the Town property, including all copies of
Town documents, which You have had in Your possession, custody, or control at any
time through the end of Your employment. Town property includes, but is not limited to,
Town files, notes, records, financial information, computer hardware, cellular phones,
credit cards, entry cards, identification badges, keys, and any tangible property or
materials of any kind that contain any Town proprietary or confidential information. You
further agree to return all relevant proprietary information related to the Town that is
currently loaded on any hard drive, flash drive, lap top, compact disc, or other electronic
medium in your control and You shall not maintain copies of such information after
returning it to the Town.
4. If You execute this Agreement, and do not revoke it, the Town agrees to
pay the “Separation Benefit,” consisting of:
(a) A single, lump sum payment in the amount of
Dollars ($
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Town Manager Employment Agreement
April 9, 2019
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), which is equivalent to four (4) months’ compensation at your regular rate of
pay, less all applicable deductions and local, state, and federal taxes. If You execute this
Agreement and do not revoke your execution, this amount will be paid to You within
twenty (20) days after the expiration of the revocation period provided for in this Agreement.
(b) Reimbursement of amounts You pay to continue your Insurance
Benefits for a period of four (4) months following the Separation Date. The Town will
issue this reimbursement to You within thirty (30) days of receiving reasonable evidence
that You paid the required monthly premium.
5. Should You make a claim for unemployment insurance benefits, the Town
will not contest or oppose any award of such benefits, but will accurately respond to
inquiries submitted to the Town by the Colorado Department of Labor and Employment.
6. Other than the continuation of health insurance benefits under COBRA, as
of the Separation Date, You shall not be eligible to participate in any of the Town’s health
benefit plans, including, but not limited to, any plans or programs of medical, dental, or
vision insurance. Likewise, as of your Separation Date, You shall not be eligible to
participate in the Town’s other employee benefit plans. Nothing in this Section shall
prevent You from participating in a COBRA continuation coverage program or any similar
state medical and dental insurance continuation coverage program (“COBRA
continuation coverage”).
7. YOU SHALL BE RESPONSIBLE FOR TIMELY ELECTION OF COBRA
CONTINUATION COVERAGE AND FOR ALL COBRA CONTINUATION COVERAGE
PAYMENTS. YOUR FAILURE TO TIMELY ELECT COBRA CONTINUATION
COVERAGE OR TO TIMELY REMIT COBRA CONTINUATION COVERAGE
PREMIUMS SHALL CAUSE AN IMMEDIATE LOSS OF YOUR COBRA
CONTINUATION COVERAGE WITHOUT FURTHER NOTICE.
8. You agree that You desire to receive the Separation Benefit, and that the
amount offered to You is above and beyond that to which You would otherwise be
entitled. You further acknowledge that: your decision to release the Town is entirely
voluntary; You have not been pressured into accepting the Separation Benefit; and You
have enough information about the Separation Benefit to decide whether to execute this
Agreement. If, for any reason, You believe that your acceptance of the Separation Benefit
is not entirely voluntary, or if You believe that You do not have enough information, then
You should not execute this Agreement.
9. You acknowledge that You have read and that You understand this
Agreement.
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April 9, 2019
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10. You agree that, to the maximum extent permitted by applicable law, by
executing this Agreement, You hereby covenant not to institute any legal or
administrative proceeding against the Town and are fully, finally and forever releasing
any and all claims that You have or may have against the Town, to the maximum extent
permitted by law, as follows:
(a) You agree that by executing this Agreement, You intend to release
and forever discharge, and in fact release and forever discharge, the Town and its past
and present trustees, officers, agents, insurers, attorneys, assigns, and other
representatives of any kind (collectively the “Released Parties”) from any and all claims,
demands, rights, liabilities, and causes of action of any kind or nature, known or unknown,
arising prior to or through the date that You execute this Agreement; and
(b) You agree that your release includes, but is not limited to any and
all claims, demands, rights, liabilities and causes of action arising or having arisen out of
or in connection with your employment or termination of employment with the Town;
and
(c) With the exception of claims for the Separation Benefit payable to
You and claims for any unemployment benefits to which You may be entitled, by your
signature below, You intend to and do release and waive any claim or right to further
compensation, benefits, damages, penalties, attorneys' fees, costs, or expenses of any
kind from the Town; and
(d) This release specifically includes, but is not limited to, a release of
any and all claims pursuant to:
(i) state or federal wage payment laws;
(ii) the Colorado Anti-Discrimination Act;
(iii) Title VII of the Civil Rights Act of 1964;
(iv) the Rehabilitation Act of 1973;
(v) the Reconstruction Era Civil Rights Acts, 42 U.S.C. §§ 1981-1988;
(vi) the Civil Rights Act of 1991;
(vii) the Americans with Disabilities Act & the Americans with
Disabilities Amendments Act of 2008;
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April 9, 2019
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(viii) Executive Order 11246;
(ix) the Family Medical Leave Act of 1993 and any other state or
federal family and/or medical leave acts;
(x) the Consolidated Omnibus Budget Reconciliation Act of 1985;
(xi) the Uniformed Services Employment and Reemployment Rights
Act;
(xii) the Genetic Information Nondiscrimination Act of 2008;
(xiii) the Employee Retirement Income Security Act of 1974; and
(xiv) any other federal, state or local laws or regulations of any kind,
whether statutory or decisional. This release also includes, but is not limited to, a release
of any claims for wrongful termination, personal injury, breach of contract, defamation,
misrepresentation, violation of public policy or invasion of privacy, and tortious
interference with contract. This release covers claims that You know about as well as
those You may not know about; and
(e) To the extent allowed by applicable statutory and regulatory
law, the release contained in the preceding paragraph includes a waiver of
rights and claims which You may have arising under the federal Age
Discrimination in Employment Act of 1967 (Title 29, United States Code, 621
et seq.) (the “ADEA”). Pursuant to the Older Workers Benefit Protection Act
(Public Law 101-433; 1990 S. 1511), You acknowledge that this release is
intended to apply to, and You expressly agree that it shall be effective as a
waiver of, rights and claims arising under the ADEA; and
(f) This release does not include any claims that cannot be
released or waived by law. Nothing in this Agreement is intended to limit,
restrict or interfere with your right to engage in any protected activity under
the National Labor Relations Act. Further, by executing this Agreement, You
do not waive rights and claims that may arise subsequent to the execution of
this Agreement. Execution of this Agreement does not affect your ability to
participate in an investigation or proceeding conducted by the Equal
Employment Opportunity Commission, the Colorado Civil Rights Division, or a
comparable local agency. However, notwithstanding the foregoing, You agree
to waive your right to recover monetary damages in any amount awarded in
any charge, complaint, or lawsuit filed by You or by anyone else on your behalf;
and
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April 9, 2019
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(g) You agree that this Agreement is intended to be interpreted in the
broadest possible manner in favor of the Town, to include all actual or potential legal
claims that You may have against the Town, except as specifically provided otherwise in
this Agreement; and
(h) You further agree that You have not experienced any illness, injury,
or disability compensable or recoverable under the worker’s compensation laws of the
State of Colorado that You have not reported to the Town and You agree that You will
not file a worker’s compensation claim asserting the existence of any such illness, injury,
or disability; and
(i) You agree that You have been and are hereby advised by The
Town to consult with an attorney prior to executing this Agreement.
11. You agree that the Separation Benefit that You are accepting by signing this
Agreement has value to you. You agree that You would not be entitled to the Separation
Benefit without signing this Agreement. You acknowledge that You will receive the
Separation Benefit in exchange for the benefit You are providing to the Town and the
Released Parties by signing this Agreement. You also acknowledge and agree that the
Town will withhold from the Separation Benefit all applicable deductions and federal,
state and local taxes.
12. You agree that the Separation Benefit is the only benefit You are to receive
by signing this Agreement, and that in signing this Agreement You did not rely on any
information, oral or written, from anyone, including your supervisor, other than the
information contained in this Agreement.
13. You represent that You have not previously assigned or transferred any of
the legal rights and claims that You have waived by signing this Agreement. You agree
that this Agreement also binds all persons who might assert a legal right or claim on your
behalf, such as your heirs, personal representatives, and assigns.
14. You agree not to disparage the Town, its trustees, officers, employees,
agents, or reputation.
15. This Agreement may be executed in multiple counterparts, each of which
shall be an original, but all of which shall be deemed to constitute one instrument.
16. You agree that: (a) this Agreement constitutes the entire agreement
between You and the Town regarding its subject matter, without regard to any other oral
or written information that You may have received about this Agreement; (b) if any part
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April 9, 2019
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of this Agreement is declared to be unenforceable, all other provisions of this Agreement
shall remain enforceable; and (c) this Agreement shall be governed by federal law and
by the laws of the State of Colorado, irrespective of the choice of law rules of any
jurisdiction.
17. You also agree that to the extent You are bound by a proprietary
information agreement or confidentiality agreement, those agreements are
not released hereby.
18. You have up to twenty-one (21) days after You receive this Agreement to
consider whether to execute this Agreement (the “Deliberation Period”). During the
Deliberation Period, You should consult with an attorney of your choosing and consider
whether You wish to sign this Agreement. You agree that, after You have signed and
delivered this Agreement to the Town, this Agreement will not be effective or enforceable
until the end of a seven (7) day revocation period beginning the day that You deliver this
Agreement to the Town (the “Revocation Period”). You understand that You will not
receive the Separation Benefit as applicable until the Revocation Period has expired.
During the Revocation Period, You may revoke this Agreement without condition and in
your sole judgment, but You may do so only by delivering a written statement of
revocation to the Town. If the Town does not receive a written revocation notice by the
end of the Revocation Period, this Agreement will become legally enforceable and You
may not thereafter revoke this Agreement.
Remainder of page intentionally blank;signature page follows
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Town Manager Employment Agreement
April 9, 2019
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By signing below You: (a) acknowledge that You have read and understand this
Agreement; (b) understand that it is a legally binding document that may affect your
legal rights; and (c) have been advised to consult a lawyer of your choosing before signing
this Agreement and have had an opportunity to do so to the extent you deem appropriate.
ERIC J. HEIL
Signature:
Date:
Town of Avon
Town Manager Employment Agreement
April 9, 2019
Page 20 of 20
The Town of Avon, evidenced by the signature of its authorized representative, has read and
considered this Town Manager Severance, Waiver, and Release of Claims Agreement, understands
its terms and conditions, and hereby agrees to these terms and conditions with respect to the departure from employment of Eric J. Heil as Avon Town Manager on the terms and conditions set forth herein.
TOWN OF AVON, COLORADO
BY:
, Mayor Date
ATTEST:
, Town Clerk Date
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Acting Town Manager
Date: April 9, 2019
Topic: APPROVAL OF ENGAGEMENT LETTER FOR INTERIM TOWN ATTORNEY SERVICES WITH HOFFMAN,
PARKER, WILSON, & CARBERRY, P.C.
ACTION BEFORE COUNCIL:
Council is asked to take action on the attached Engagement Letter for Interim Town Attorney services
with Hoffman, Parker, Wilson, & Carberry, P.C.
RECOMMENDED MOTION:
“I move to approve the Engagement Letter for Interim Town Attorney services with Hoffman, Parker,
Wilson, & Carberry, P.C.”
SUMMARY:
Included as Attachment 1 is an Engagement Letter for Interim Town Attorney services with Hoffman,
Parker, Wilson, & Carberry, P.C. If approved by Council, Kathryn M. Sellars will serve as Interim Town
Attorney. Her experience includes advising client municipalities on various matters, including but not
limited to land use and zoning, real estate, contracts, constitutional law, employment, licensing, open
meeting and open records, and drafting ordinances, resolutions and contracts. Kathryn’s resume is
included as Attachment 2 and the resume of Hoffman, Parker, Wilson, & Carberry, P.C. is included as
Attachment 3.
ATTACHMENTS:
Attachment 1 – Engagement Letter
Attachment 2 – Resume of Kathryn M. Sellars
Attachment 3 – Resume of Hoffman, Parker, Wilson, & Carberry, P.C.
4/4/2019
Q:\USERS\AVON\CORR\2019\ENGAGEMENT LETTER-040419.DOCX
Corey Y. Hoffmann
Kendra L. Carberry
Jefferson H. Parker
M. Patrick Wilson
Of Counsel
J. Matthew Mire
Hilary M. Graham
Kathryn M. Sellars
Denver Office
511 16th Street, Suite 610
Denver, CO 80202-4260
(303) 825-6444
Vail Office
P.O. Box 2616
Vail, CO 81658
(970) 390-4941
Daniel P. Harvey
Ruthanne M. Goff
Evin B. King
Robert C. Huss
April 4, 2019
Town of Avon
100 Mikaela Way
Avon, Colorado 81620
via email to: ljrichards@avon.org
Re: Engagement as Interim Town Attorney
Dear Mayor and Council Members:
The purpose of this letter is to confirm our engagement as interim Town Attorney for the
Town of Avon. In establishing a relationship with a new client, we believe it is good practice to
confirm the scope of our representation and other terms of our engagement.
I will perform and coordinate the services we perform for the Town. In connection with
my representation of the Town, I may use my firm's associates, paralegals and legal assistants. I
have enclosed with this letter my résumé and the firm résumé.
The ethics of our profession mandate that upon commencement of representation of a client
on a legal matter, clients understand and agree with the financial commitments involved. We
calculate fees based on hourly rates for the time spent by the respective attorneys involved. Our
hourly rate for attorneys is $225, and for paralegal work, we charge $100 per hour. In addition,
we will bill the following out-of-pocket expenses (to the extent they are incurred): messenger
services for delivering or picking up documents, computer assisted research, filing fees, witness
and court reporter fees, and charges for copies and postage. We typically send bills by the 5th day
of each month, and expect payment by the end of that month.
Either party may terminate this engagement at any time. Should our firm wish to terminate
this engagement, we will provide the Town with at least 30 days prior written notice.
ATTACHMENT 1
April 4, 2019
Page 2
4/4/2019
Q:\USERS\AVON\CORR\2019\ENGAGEMENT LETTER-040419.DOCX
Finally, at any time after seven years following the conclusion of this engagement we will
destroy all files and documents related to this engagement, without notice to you unless prior to
that time you request, in writing, the return of the files and documents.
If anything I have stated in this letter presents a problem or is unclear, please advise me
promptly so that we may discuss it and reach a full understanding. Otherwise, please execute a
copy of this engagement agreement and return it to me at your earliest convenience.
Sincerely,
Kathryn M. Sellars
kms@hpwclaw.com
ACCEPTED AND AGREED TO BY THE TOWN OF AVON THIS _______ DAY
OF_______________, 2019.
__________________________________
Town of Avon
Corey Y. Hoffmann
Kendra L. Carberry
Jefferson H. Parker
M. Patrick Wilson
Of Counsel
J. Matthew Mire
Hilary M. Graham
Kathryn M. Sellars
Denver Office
511 16th Street, Suite 610
Denver, CO 80202-4260
(303) 825-6444
Vail Office
P.O. Box 2616
Vail, CO 81658
(970) 390-4941
Daniel P. Harvey
Ruthanne H. Goff
Evin B. King
Robert C. Huss
RESUME OF KATHRYN M. SELLARS
POSITIONS:
Of Counsel, Hoffmann, Parker, Wilson & Carberry, P.C. (2018-Present)
Associate Attorney, Hoffmann, Parker, Wilson & Carberry, P.C. (2015-2017)
Responsible for advising client municipalities, counties and special districts on various
matters, including without limitation land use and zoning, real estate, contracts,
constitutional law, employment, licensing, open meeting and open records, and drafting
ordinances, resolutions and contracts.
Currently serving as:
- City Attorney, City of Cañon City
- City Attorney, City of Yuma
- County Attorney, Morgan County
- County Attorney, Washington County
- General Counsel, Wiggins Rural Fire Protection District
- General Counsel, North Front Range Metropolitan Planning Commission
- Town Attorney, Town of Montezuma
Shareholder, Masters & Sellars, P.C. (2012-2014), Associate Attorney, The Masters Law Firm,
P.C. (2007-2012)
Responsible for advising client municipalities and counties on various matters, including
but not limited to, land use, real estate, contracts, constitutional law, employment,
licensing, open meeting and open records, water, and litigation representation. Responsible
for advising individuals and businesses in a variety of matters, including without limitation
business organization and governance, employment, real estate, land use, contract,
personal injury, medical and legal malpractice, behavioral health, HIPAA, and litigation
representation.
ATTACHMENT 2
Associate Attorney, Law Office of Brent A. Martin/Martin & Kidnay, LLC (2006-2007)
Responsible for advising individuals in various matters, including criminal, domestic
relations, personal injury, contracts, and real estate.
PROFESSIONAL ASSOCIATIONS AND POSITIONS:
Admitted to practice: Colorado
United States District Court for the District of Colorado
New York
U.S. Supreme Court
CBA/DBA Joint Management Committee (2014-2015), Seventh Judicial District Bar Association
(Member, 2006-present, President, 2007-2010), Colorado Bar Association (2005-Present),
Professionalism Committee (2009-2010), CBA President Nominating Committee (2008-2009),
Seventh Judicial District Bar Association Representative, CBA Board of Governors (2008-2010),
CBA Economic Task Force (2009), CBA Executive Council (2009-2010), 2009 Cobalt Class,
Colorado Bar Foundation (2009-present), New York State Bar Association (2007-2009),
American Bar Association (2008-2014)
PRESENTATIONS:
Attorneys’ Guide to Local Governmental Law, National Business Institute, November 2016.
Land Use Law, Current Issues in Subdivision, Annexation and Zoning: Take a Comprehensive
Look at Land Use Law, National Business Institute, March 2015.
What You Need to Know about Public Records and Open Meetings in Colorado, Case Law and
Legislative Update on Open Meetings and Public Records Law, Lorman Education Services, May
2014.
EDUCATION:
University of San Diego Law School, San Diego, California (J.D., 2004)
Tulane University, New Orleans, Louisiana (B.A., History, 1999)
Corey Y. Hoffmann
Kendra L. Carberry
Jefferson H. Parker
M. Patrick Wilson
Of Counsel
J. Matthew Mire
Hilary M. Graham
Kathryn M. Sellars
Denver Office
511 16th Street, Suite 610
Denver, CO 80202-4260
(303) 825-6444
Vail Office
P.O. Box 2616
Vail, CO 81658
(970) 390-4941
Daniel P. Harvey
Ruthanne H. Goff
Evin B. King
Robert C. Huss
HOFFMANN, PARKER, WILSON & CARBERRY, P.C.
Hoffmann, Parker, Wilson & Carberry, P.C. (formerly Hayes, Phillips, Hoffmann & Carberry,
P.C.) is a law firm with its primary office in downtown Denver and a satellite office in Vail.
Specializing in local government law, the firm has a combined total of more than 80 years of
experience among its attorneys, including particular expertise in the following areas:
Acting as general counsel to the following local governments: the Cities of Northglenn,
Black Hawk, Victor, Manitou Springs, Cañon City and Yuma; the Towns of Vail, Superior,
Hudson, Foxfield, Elizabeth, Kiowa, Winter Park, Mountain View, Gilcrest, Buena Vista,
Calhan, Platteville, Montezuma, Arriba, Genoa, Bow Mar, Green Mountain Falls, Erie and
Eagle; and Washington and Morgan counties.
Acting as general counsel to the following special districts: the Alameda Water &
Sanitation District; the Superior Metropolitan District No. 1; the Superior Metropolitan
Interchange District; the Parker Water & Sanitation District; the Health Services District
of Northern Larimer County; the Fremont Sanitation District; the North Lincoln Water &
Sanitation District; and Wiggins Rural Fire Protection District.
Acting as general counsel to the following other public entities: the Brighton Urban
Renewal Authority; the Wheat Ridge Urban Renewal Authority; the Superior Urban
Renewal Authority; the Northglenn Urban Renewal Authority; the Vail Reinvestment
Authority; the Parker Authority for Reinvestment; the Church Ditch Water Authority; the
Northeast Colorado Health Department; the Foothills Animal Shelter; and North Front
Range Metropolitan Planning Commission.
Acting as special counsel to the following public entities: the Towns of Parker, Crested
Butte and Avon; the Cities of Colorado Springs, Centennial, Commerce City, Fort Collins,
Lakewood, Longmont, Golden, Grand Junction, Englewood, Thornton, Westminster,
Trinidad and Aurora; the Counties of El Paso and Douglas; the City & County of Denver;
the Metro Wastewater Reclamation District; the Vail Recreation District; the Stoneridge
Metropolitan District Nos. 1 and 2; the Fire and Police Pension Association; the Denver
ATTACHMENT 3
Public Schools ProComp Trust; the Colorado Springs Ethics Commission; and Aurora
Urban Renewal Authority.
Acting as hearing officer for the following public entities: the City & County of Denver
(tax, public works); the City of Golden (licensing); the City of Aurora (tax, licensing);
Denver International Airport (concessions); the City of Lakewood (campaign finance); the
City of Fort Collins (land use, employment); the Town of Dillon (licensing); the City of
Dacono (code enforcement); and the City of Englewood (tax).
Litigation of land use, contract and annexation matters.
Defense of local governments, including law enforcement officials, against civil rights suits
brought under 42 U.S.C. § 1983.
Employment law, including defense of wrongful discharge cases, collective bargaining, the
Fair Labor Standards Act and other federal regulation, and development of policies,
procedures, contracts and ordinances to help the public employer avoid liability.
Election law, including TABOR compliance and initiative, referendum and recall.
Negotiation and drafting of development agreements.
Drafting legislation, both state and local, and lobbying and testifying before legislative
committees.
Among the publications authored by the firm's lawyers, the following include some of the articles
most pertinent to local governments.
K. Carberry, W. Weigler, S. Hardy, C. Rutz, The Short-Term Rental Conundrum, American
Bar Association Spring Symposia (April 2017)
K. Carberry, Redistricting – A Municipal Perspective, Colorado Municipalities (Vol. 88,
No. 1, February 2012) and The Colorado Lawyer (Vol. 31, No. 2, February 2002).
K. Carberry, D. Atencio and A. McGihon, Colorado Election Law Update (published by
the National Business Institute, July 2001).
P. Wilson, Eminent Domain Law in Colorado, The Colorado Lawyer (Vol. 35, Nos. 9 and
11, 2006);
P. Wilson and J. Sperber, Blazing a Trail: Condemning Ways of Necessity in the New West,
Current condemnation Law, American Bar Association (2006);
P. Wilson and C. Price, Local government Sales and Use Taxes, The Colorado Lawyer,
(Vol. 40., No. 7, 2011)
In the area of continuing legal education, the firm's lawyers participate regularly in every Colorado
Municipal League seminar on municipal law. Firm members have also received regional and
national recognition for their expertise through several speaking invitations. The many addresses
given by the firm's lawyers include the following:
C. Hoffmann, Survey of Municipal Law, Colorado Municipal League Annual Seminar on
Municipal Law (October 2018).
C. Hoffmann, Municipal Regulation of Marijuana, Colorado Municipal League Annual
Seminar on Municipal Law (October 2017).
C. Hoffmann, Survey of Municipal Law, Colorado Municipal League Annual Seminar on
Municipal Law (October 2012).
C. Hoffmann, Special Issues in Eminent Domain, Colorado Municipal League Seminar on
Municipal Law (October 2011).
C. Hoffmann, Medical Marijuana: Issues to Consider Regarding Local Control, Colorado
Municipal League Annual Conference (June 2010).
K. Carberry, K. Kelly and G. Wilson, Privileges Under the Colorado Open Records Act,
Colorado Municipal League Annual Seminar on Municipal Law (October 2015).
K. Carberry, G. Wilson and S. Roy, Open Meetings & Open Records – 10 Tough Questions,
Colorado Municipal League Annual Conference (June 2013).
K. Carberry, C. Hoffmann and T. Haas-Davidson, Counties: Love the One(s) You're With,
Colorado Municipal League Annual Conference (June 2013).
K. Carberry, R. Gregory, B. Ortiz and V. Matheson, Wild Urbanism – Coyotes, Prairie
Dogs and Chicken Coops, Colorado Municipal League Annual Conference (June 2010).
K. Carberry, S. Light and K. Aviles, Revenue Sharing Perks and Pitfalls – Yes it Can
Work!, Colorado Municipal League Annual Conference (June 2009).
K. Carberry and J. Parker, Residential Door-to-Door Solicitation, Colorado Municipal
League Annual Seminar on Municipal Law (October 2007).
K. Carberry, Legislative Redistricting at the State and Local Levels: Implications for
Municipalities, Colorado Municipal League Annual Seminar on Municipal Law (October 2001).
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Acting Town Manager
Date: April 9, 2019
Topic: RESOLUTION 19‐04 APPROVING 2019 SPECIAL EVENTS
ACTION BEFORE COUNCIL:
Council is asked to review and adopt Resolution 19‐04 approving 2019 special events.
RECOMMENDED MOTION:
“I move to approve Resolution 19‐04 Approving 2019 Special Events.”
BACKGROUND:
The Town’s local liquor licensing regulations allow for administrative review and approval of routine
liquor license applications, including Special Event Permits for events already approved by the Town
Council. Resolution 19‐04 has been prepared for Council consideration and includes a list of 2019 special
events, including event dates, times, and locations, that have a liquor component and will seek a Special
Event Permit. If Resolution 19‐04 is approved, it would allow the Town Clerk to administratively review
and approve the Special Event Permits that will be submitted for the listed events. In addition, if
approved, each event on the list would be exempted from submitting an Amplified Sound Permit, per
Section 5.24.010 of the Avon Municipal Code.
This resolution would cut down the number of Special Event Permit applications that the Avon Liquor
Licensing Authority would have to review over the course of the summer. It would also reduce the
number of Amplified Sound Permit applications that Council would have to review.
ATTACHMENT:
Resolution 19‐04
TOWN OF AVON RESOLUTION 19-04 APPROVING 2019 SPECIAL EVENTS
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 of Avon’s local liquor licensing regulations allow for administrative
review and approval of routine liquor license applications, including Special Event Permits for
events already approved by the Town Council; and
WHEREAS, the Town Council, as the local liquor license authority, finds that delegating review
and approval authority for certain routine liquor license applications to the Town Clerk will
improve administrative efficiency; and
WHEREAS, the Town Council finds that approving 2019 special events planned for Nottingham Park and the Avon Performance Pavilion would exempt Amplified Sound Permits for the listed
events and would improve administrative efficiency; and
NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the following
2019 special events and event dates:
2019 Special Events:
Town Clean Up Day | Avon Performance Pavilion | May 23, 2019 | 5:30–7:30 pm
Pop-Up Strings Concert | Avon Performance Pavilion | May 26, 2019 and
September 1, 2019 | 5:30-7:00 pm
Vail Valley Brew Fest | Harry A. Nottingham Park and Avon Performance Pavilion
| June 29, 2019 | 12:00-4:00 pm
Salute to the USA | Harry A. Nottingham Park and Avon Performance Pavilion |
July 3, 2019 | 5:00-10:30 pm
Lake Street Market & Avon LIVE! | Harry A. Nottingham Park and Avon
Performance Pavilion | June 19, June 26, July 10, July 17, July 24, July 31, August 14, 2019 | 5:30-10:00 pm
Triple Bypass | Harry A. Nottingham Park | July 13, 2019 | 12:00-8:00 pm
Dancing in the Park | Harry A. Nottingham Park and Avon Performance Pavilion |
August 7, 2019 | 5:30-10:00 pm
Major League Triathlon | Harry A. Nottingham Park and Avon Performance
Pavilion | September 6 – 7, 2019 | 12:00-9:00 pm
Circus Mountainous | Harry A. Nottingham Park | September 13 – 15, 2019 | 12:00-10:00 pm
Man of the Cliff | Harry A. Nottingham Park and Avon Performance Pavilion |
October 11 – 13, 2019 | 12:00-6:00 pm
ADOPTED AND APPROVED by the Avon Town Council this 9th day of April 2019.
By: ______________________________ Attest: _______________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Acting Town Manager
Date: April 9, 2019
Topic: AUTHORIZATION FOR MAYOR SMITH HYMES TO SIGN A LETTER OF SUPPORT TO SENATOR MICHAEL
BENNET AND REPRESENTATIVE JOE NEGUSE REGARDING THE COLORADO OUTDOOR RECREATION AND
ECONOMY ACT
ACTION BEFORE COUNCIL:
Council is asked to review and take action on the attached comment letter to Senator Michael Bennet and
Representative Joe Neguse regarding the Colorado Outdoor Recreation and Economy Act (CORE Act).
PROPOSED MOTION:
“I move to authorize Mayor Smith Hymes to sign the letter of support to Senator Michael Bennet and
Representative Joe Neguse regarding the CORE Act.”
SUMMARY:
The Town has received a request from Susie Kincade, an Eagle County wilderness advocate, to send a
letter of support to Senator Michael Bennet and Congressman Joe Neguse regarding the CORE Act. If
enacted, the CORE Act would protect approximately 400,000 acres of public land in Colorado, establishing
new wilderness areas and safeguarding existing outdoor recreation opportunities. More information
about the CORE Act is available at https://www.bennet.senate.gov/public/index.cfm?p=COREAct.
The attached letter has been prepared for Council consideration.
ATTACHMENT:
Letter of Support
Post Office Box 975
100 Mikaela Way
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
April 9, 2019
SENT VIA E‐MAIL: senator@bennet.senate.gov
info@joeneguseforcongress.com
RE: Letter of Support for CORE Act
Dear Senator Bennet and Congressman Neguse:
On behalf of the Avon Town Council, I am writing to express our strong support for the Colorado
Outdoor Recreation and Economy Act (CORE Act). We appreciate the leadership of the Colorado
delegation to protect public lands in Colorado, and in particular the leadership of Senator Michael
Bennet and Representative Joe Neguse for introducing this legislation. Our public lands support our
communities’ quality of life and support our sustainable outdoor recreation‐driven economies.
In particular, we appreciate that the CORE Act carries forward protections that balance conservation
and recreation that we have long supported in the Continental Divide Recreation, Wilderness and
Camp Hale Legacy Act which was introduced last Congress. The bill would establish the Camp Hale
National Historic Landscape, conferring well‐deserved recognition on the Army’s 10th Mountain
Division, which fought valiantly in World War II and was pivotal to the founding of the modern ski
industry and the outdoor recreation industry. The bill was previously introduced in by Senator
Bennet in January 2018 (S. 2337).
The four elements of the CORE Act are all reflective of and accountable to the needs and interests
of diverse stakeholders, with carefully drawn boundaries and thoughtful designations. We are
appreciative that these proposed designations were locally developed to address existing and future
recreation, wildlife habitat, wildfire management, agricultural and water supply needs.
Millions of people visit the central mountains and western slope of Colorado each year, and our
federal public lands contribute immeasurably to our economy and quality of life. But we must have
the vision to protect what is wilderness, create ongoing opportunities for sustainable recreation,
and conserve wildlife habitat. We believe that the CORE Act strikes that balance.
We hope that Colorado’s congressional delegation will prioritize passage of the CORE Act in the
116th Congress.
Sincerely,
Mayor Sarah Smith Hymes
Town of Avon
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Jim Horsley, Project Engineer
Eric Heil, Town Attorney
Meeting Date: April 9, 2019
Topic: MOTION APPROVING WATER MAIN BILL OF SALE TO ERWSD FOR NOTTINGHAM ROAD
SIDEWALK PROJECT
ACTION BEFORE COUNCIL
Before Council is action to approve the Water Main Bill of Sale and Conveyance to Eagle River Water
and Sanitation District (“ERWSD”). The Water Main Bill of Sale will transfer ownership of new water
main infrastructure to ERWSD.
RECOMMENDED MOTION
“I move to approve the Water Main Bill of Sale and Conveyance to ERWSD.”
BACKGROUND
This Water Main Bill of Sale will transfer ownership of a new fire hydrant and valve installed as part of
the Nottingham Road Sidewalk Project to ERWSD to operate and maintain. The new fire hydrant and
valve are located within the existing Nottingham Road right‐of‐way so an easement is not required.
The Bill of Sale has a two‐year warranty period that runs from the date of “Construction Acceptance”.
Construction Acceptance is granted upon receipt of Bill of Sale and ERWSD shall be responsible for
maintenance and replacement of this water infrastructure after the warranty period expires. ERWSD
presented its standard form for the Bill of Sale, which has been reviewed by the Town Attorney and
found to be acceptable.
RECOMMENDATION
Approve Bill of Sale to convey this water main infrastructure to ERWSD, which is the appropriate local
governmental entity to own and assume responsibility for water infrastructure.
ATTACHMENT
Bill of Sale
Page 1 of 2
BILL OF SALE – WATER MAIN
KNOW ALL MEN BY THESE PRESENTS, that
, (“Seller”), for and
in consideration of the mutual promises and assurances made herein, the sufficiency of
which is hereby acknowledged, and other valuable consideration to be paid by
, a quasi-municipal corporation of the State of Colorado (“District or Authority”), has bargained and sold, and by these
presents does grant and convey unto the (District or Authority), its successors and
assigns, the following property:
The water system, equipment, and related appurtenances and facilities, including all related personal property (the “Improvements”), which are
constructed or otherwise acquired by Seller within the property generally
known as
, and described on Exhibit A, attached hereto and incorporated herein by reference.
To have and to hold the same, unto the District or Authority, its successors and
assigns forever, and Seller, for itself, its successors and assigns, covenants and agrees
to and with the District or Authority, its successors and assigns, to warrant and defend the sale of said Improvements, hereby made unto the District or Authority, its
successors and assigns, against all and every person or persons whomsoever, and
warrants that the conveyance of the Improvements to the District or Authority, its
successors and assigns, is made free from any claim or demand whatsoever.
The Seller further agrees and assures:
1. That all of the Improvements described herein were installed in substantial
compliance with the District’s or Authority’s Rules and Regulations and applicable
construction standards, and that said Improvements are in first-class working order, free from any defect whatever.
2. That no charges for materials or labor are due and payable on any of the
Improvements described herein, and that Seller shall indemnify, defend, and hold the
District or Authority and its agents, employees, engineers, and attorneys, harmless from and against all claims, damages, judgments, losses, and expenses of every nature,
including reasonable attorney’s fees, arising at any time out of any act or omission of
Seller and its employees, subcontractors and their employees, and all other persons
directly or indirectly involved or performing work for Seller on the Improvements
described herein.
3. If within TWO (2) YEARS after the date of Construction Acceptance of the
Improvements by the District or Authority, any Work is found to be defective, Seller shall
promptly, without cost to the District or Authority and in accordance with the District’s or
Authority’s written instructions, within seven (7) days after the District’s or Authority’s
Page 2 of 2
issuance of written instructions correct the defective Work at Seller’s cost. If Seller does not promptly comply with the terms of such instructions or in an emergency where delay
would cause serious risk of loss or damage, the District or Authority may have the
defective Work corrected or removed and replaced, and all direct and indirect costs of
such removal and replacement, including compensation for additional professional services, shall be paid by Seller. Seller shall also pay for any damage done to other work, other property or persons which occurred as a result of the defective Work within
the two-year warranty period.
4. Except for any notice required by law to be given in another manner, (a) any notice to Seller provided for in this Bill of Sale shall be in writing and shall be given and be effective upon (1) delivery to Seller or (2) mailing such notice by first class U.S. mail,
addressed to Seller to Seller’s address stated herein or at such other address as Seller
may designate by notice to the District or Authority and (b) any notice to the District or
Authority shall be in writing and shall be given and be effective upon (1) delivery to the
District or Authority or (2) mailing such notice by first class U.S. mail, to the District’s or
Authority’s address stated herein or to such other address as the District or Authority
may designate by notice.
IN WITNESS WHEREOF, the Seller has caused its name to be hereunto subscribed this day of , 20__.
SELLER: By:
(Title)
Mailing Address
STATE OF COLORADO ) ) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of ,
20__, by as of .
WITNESS my hand and official seal. (S E A L)
Notary Public
My commission expires:
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith-Hymes and Avon Town Council
From: Justin Hildreth, Town Engineer
Eric Heil, Town Attorney
Meeting Date: April 9, 2019
Agenda Topic: Resolution No. 19-09, Approving Holy Cross Energy Underground Right-Of-Way Easement and
Trench, Conduit, and Vault Agreement on Tract G, Benchmark at Beaver Creek Subdivision
ACTION BEFORE COUNCIL
Review and approve Resolution No. 19-09, Approving Holy Cross Energy Underground Right-Of-Way
Easement and Trench, Conduit, and Vault Agreement on Tract G, Benchmark at Beaver Creek
Subdivision.
PROPOSED MOTION
“I move to approve Resolution No. 19-09, Approving Holy Cross Energy Underground Right-Of-Way
Easement and Trench, Conduit, and Vault Agreement on Tract G, Benchmark at Beaver Creek
Subdivision.”
DISCUSSION
The 2019 Capital Projects Fund (CPF) budget currently includes $80,000 to underground powerlines
from the old Town Hall location on Tract G, Benchmark at Beaver Creek subdivision to the westside of
the Eagle River Water and Sanitation District property, near Liftview Condominiums. The CPF budget
amendment (which is also on the agenda) increases the budget to $160,000 because additional
trenching is required compared to what was originally assumed. The electric lines run parallel to the
Union Pacific Railroad tracts and will cross under the railroad tracts in the bore constructed as part of
the Heat Recovery project. The Holy Cross Energy Underground Right-Of-Way Easement, attached as
Exhibit A, is required to facilitate installation of facilities to bury the existing overhead electric lines
and allows the right of access to property to construct, repair, operate, and maintain underground
and aboveground electric facilities. The Trench, Conduit, and Vault Agreement, attached as Exhibit B,
specifies construction and clearance requirements. The Town Attorney has reviewed and approved
the Agreements as to form.
Note from Town Attorney
Avon regularly works with Holy Cross Energy and we regularly use and approve the form agreements
from Holy Cross Energy, including the Trench, Conduit and Vault Agreement and the Underground
Right-of-Way Easement. Avon has not experienced any problems or concerns with these agreements
or otherwise working with Holy Cross Energy on these electric line undergrounding projects.
ATTACHMENTS:
Resolution No. 19-09
Exhibit A: Holy Cross Energy Underground Right-Of-Way Easement
Exhibit B: Holy Cross Energy Trench, Conduit, and Vault Agreement
RESOLUTION NO. 19-09 APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY
EASEMENT ACROSS TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION,
AVON, COLORADO AND TRENCH, CONDUIT AND VAULT AGREEMENT
WHEREAS, the Town of Avon is constructing a new segment of Eagle Valley Trail, regional recreational trail, in partnership and with support from Eagle County and the Colorado
Department of Transportation, and such construction project presents a cost effective opportunity
to underground overhead electrical lines owned by Holy Cross Energy, and Holy Cross Energy
has agreed to cooperate with this project;
WHEREAS, the Avon Town Council has determined that the undergrounding of electrical lines across Tract G, Benchmark at Beaver Creek Subdivision, Avon, Colorado will improve the
aesthetic enjoyment of the river corridor area and will thereby promote the health, safety and
general welfare of the Avon community; and,
WHEREAS, the Town Council finds that approval of the attached Holy Cross Energy
Underground Right-of-Way Easement Across Tract G, Benchmark at Beaver Creek Subdivision, Avon, Colorado and approval of the Trench, Conduit and Vault Agreement will promote the
health, safety, prosperity, convenience and general welfare of the Avon community.
NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the
following Holy Cross Energy Underground Right-of-Way Easement Across Tract G, Benchmark
at Beaver Creek Subdivision, Avon, Colorado (attached to this Resolution as Exhibit A) and the Trench, Conduit, and Vault Agreement (attached to this Resolution as Exhibit B).
ADOPTED April 9, 2019 by the AVON TOWN COUNCIL
By:_______________________________ Attest:___________________________
Sarah Smith-Hymes, Mayor Brenda Torres, Town Clerk
HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
TOWN OF AVON, a municipal corporation
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across
lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows:
Tract G, Benchmark at Beaver Creek Amendment no. 4, according to the Final Subdivision Plat thereof,
situate in Section 12, Township 05 South, Range 82 West of the 6th P.M., as more fully described at Reception
Number2 171107 and 198711 in the records of the Eagle County Clerk and Recorder’s Office, Eagle, Colorado.
And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows: An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to install additional underground and/or pad-mounted facilities within the easement described herein. It shall be the Grantor’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee’s boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this easement. Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that they are the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: All those of Record.
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EXHIBIT A
TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of , 20 .
The individuals signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that they have full power and authority to sign, execute, and deliver this instrument.
TOWN OF AVON, a municipal corporation
By:
Mayor
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20 , by as Mayor of the TOWN OF AVON, a municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
W/O#19-23298:50-63,64,67 Avon – Town Railroad OH to UG Conversion 3/18/19 19-23298 JV Page 2 of 2 Revised 12/18/15
EXHIBIT A
EXHIBIT A
TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this day of , 20 , between TOWN OF AVON, a municipal corporation, whose mailing address is One Lake Street, Avon, CO 81620, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Box 2150, Glenwood Springs, Colorado 81602, hereafter called "Holy Cross". WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called “Facilities”, to serve a project known as Avon – Town Railroad OH to UG Conversion, hereinafter called “Project”; and, WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities; and,
WHEREAS, Owner owns real property described as follows: Tract G, Benchmark at Beaver Creek Amendment no. 4,
according to the Final Subdivision Plat thereof, situate in Section 12, Township 05 South, Range 82 West of the 6th P.M., as
more fully described at Reception Numbers 171107 and 198711 in the records of the Eagle County Clerk and Recorder’s
Office, Eagle, Colorado, hereinafter called “Property”, which Property is the real property where the Project is being
developed; and,
WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property
adjacent to the Project described as follows: Tract H, Benchmark at Beaver Creek Amendment no. 4, according to the Final
Subdivision Plat thereof AND a Parcel of land known as Tract N, an exception to the Final Subdivision Plat of Benchmark at
Beaver Creek Amendment no. 4, both situate in Section 12, Township 05 South, Range 82 West of the 6th P.M., as more
fully described at Reception Number 171107 in the records of the Eagle County Clerk and Recorder’s Office, Eagle,
Colorado, hereinafter called “Adjacent Land”.
NOW, THEREFORE, Owner and Holy Cross agree as follows:
1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for
installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans
approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction
Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless
approved by Holy Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy
Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross.
a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications
and Construction Specifications and such specifications are made a part hereof by reference.
b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded
utility easements.
c. The top of all conduits installed hereunder shall be located a minimum of 48” below the final grade of the ground
surface.
d. A twelve-inch (12”) minimum separation will be maintained between conduits installed for the Facilities and all other
new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit
separation from plastic gas lines shall be greater than this minimum wherever practicable.
e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual
arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued
to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults
meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an
acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as
the owner of the conduit, vaults and related structures and facilities.
f. If conduit and/or vault installation provided by Owner for the Project are found to be unusable or improperly
constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible
for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all
additional costs resulting from conduit and/or vault installation being unusable or improperly constructed.
2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform
work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees,
providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees
connected with its work on the Project.
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EXHIBIT B
3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground electric facilities except under the on site supervision of a Holy Cross employee. 4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder by the Owner and/or work performed at the direction of the Owner. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever Owner is a government or district it shall procure and maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Holy Cross’ request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two (2) years beginning on the date backfill and cleanup are completed. 6. Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed. 7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from Owner. 8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner. 9. It shall be Owner’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10. All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the Owner’s responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters at all times. At any time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable, then it shall be the Owner’s responsibility, at the Owner’s sole cost, to correct the access and make it acceptable, as determined solely by Holy Cross. 11. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances and liens of any character, except those held by the following: All those of Record. The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and shall be binding upon the successors in interest, and assigns, of the Property.
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EXHIBIT B
The individual signing this Trench, Conduit and Vault Agreement hereby represents that he/she has full power and
authority to sign, execute, and deliver this instrument.
Holy Cross Energy, a Colorado corporation TOWN OF AVON, a municipal corporation
By: By:
David Bleakley – Vice President, Engineering Mayor
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as Mayor of the TOWN OF AVON, a municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by David Bleakley – Vice President, Engineering Holy Cross Energy, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
W/O#19-23298:50-63,64,67 Avon – Town Railroad OH to UG Conversion 3/18/19 19-23298 JV Page 3 of 3 Revised 12/18/15
Trench, Conduit and Vault Agreement
Holy Cross Energy
EXHIBIT B
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 12, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 1
1. CALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 5:00 p.m. A roll call was taken, and Council members
present were Amy Phillips, Scott Prince, Jennie Fancher, Chico Thuon and Tamra N. Underwood. Councilor
Wolf arrived at 5:02 p.m. Also present were Acting Town Manager Preston Neill, Town Attorney Eric Heil,
Police Chief Greg Daly, Assistant Town Manager/Finance Director Scott Wright, Planning Director Matt
Pielsticker, Recreation Director John Curutchet, Mobility Director Eva Wilson, Town Engineer Justin Hildreth
and Acting Town Clerk Brenda Torres.
2. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON
THE VILLAGE (AT AVON) DEVELOPMENT AGREEMENT AND 2012 SETTLEMENT UNDER CRS §24‐6‐402(2)(B)
Mayor Smith Hymes moved to convene into Executive Session for a conference with the town attorney
for the purpose of receiving legal advice on the Village (at Avon) Development Agreement and 2012
Settlement under C.R.S. §24‐6‐402(2)(b). Councilor Underwood seconded the motion and the motion
passed on a vote of 4 to 0. Councilor Prince, Councilor Fancher, and Councilor Wolf were absent. The
time was 4:01 p.m. Executive Session ended at 4:43 p.m.
3. APPROVAL OF AGENDA
Councilor Underwood asked to discuss the February 26th Regular meeting minutes (item 6.5.1.) and the
February 27th Special meeting minutes (item 6.5.3.).
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
No public comments were made.
5. PRESENTATIONS
5.1. RIVER HEALTH AND WATER QUALITY MONITORING UPDATE
(SETH MASON, LOTIC HYDROLOGICAL, AND DAVE REES, TIMBERLINE AQUATICS
Seth Mason of Lotic Hydrological and Dave Rees of Timberline Aquatics gave an update to Council
on county‐wide water quality data collection and analysis efforts with a focus on macro‐
invertebrate health in Gore Creek and the Eagle River. Direction was provided to staff to hold a
work session at one of the April Council meetings to discuss what is currently being done to help
restore water quality in the Eagle River and to potentially lay out a series of actions that will help
to restore water quality and ensure that it is never again cited on the list of impaired waterways.
5.2. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY ADVISORY COMMITTEE UPDATE
(DOUG JIMENEZ AND KIM BELL WILLIAMS)
Doug Jimenez and Kim Bell Williams gave an update to Council about housing in Eagle County and
the work of the Eagle County Housing & Development Authority Advisory Committee. A discussion
took place about the Down Payment Assistance Program and how it is projected that those funds
will run out at some point in 2019. Kim Bell Williams announced that in the coming months, she
will make a formal request to all communities throughout Eagle County to make a contribution to
the Down Payment Assistance Program in order to keep in going.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 12, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 2
5.3. BROADBAND PRESENTATION (ED BARRETT, HR GREEN, INC.)
Ed Barrett with HR Green Inc. gave a presentation regarding broadband and options for studying
community‐based broadband. Council provided direction to staff to schedule a work session at
one of the April Council meetings to further discuss broadband and narrow in on a direction on
how to proceed with a vision and strategy for broadband.
6. ACTION ITEMS
6.1. FIRST READING ORDINANCE 19‐03 APPROVING CODE TEXT AMENDMENTS FOR INCLUSIONARY HOUSING
REQUIREMENTS AND DEVELOPMENT BONUS (PLANNING DIRECTOR MATT PIELSTICKER)
Ruth Borne, speaking on behalf of Points of Colorado, Inc., commented on this item. Councilor
Underwood made a motion to continue action items 6.1 and 6.3 (Ordinance 19‐03 and Ordinance
19‐01) to the April 9th Council meeting. Mayor Pro Tem Phillips seconded the motion and the
motion passed unanimously.
6.2. PUBLIC HEARING SECOND READING ORDINANCE 19‐02 AMENDING CHAPTER 3.08 SALES TAX AND ENACTING
CHAPTER 3.10 CIGARETTE EXCISE TAX (TOWN ATTORNEY ERIC HEIL)
Mayor Smith Hymes opened the public hearing and no comments were made. Councilor Prince
moved to approve second and final reading Ordinance 19‐02 Amending Chapter 3.08 Sales Tax
and Enacting Chapter 3.10 Cigarette Excise Tax. Councilor Fancher seconded the motion and the
motion passed unanimously.
6.3. FIRST READING ORDINANCE 19‐01 AMENDING THE AVON MUNICIPAL CODE TO AUTHORIZE FEE WAIVERS AND TAX
EXEMPTIONS FOR AFFORDABLE HOUSING PROJECTS (TOWN ATTORNEY ERIC HEIL)
6.4. REVIEW AND ACTION ON PROPOSED UPDATE TO CC4CA POLICY AGENDA
(ACTING TOWN MANAGER PRESTON NEILL)
Councilor Underwood moved to support the proposed update to the “solid waste reduction” section of
the CC4CA Policy Agenda 2018‐2019. Mayor Pro Tem Phillips seconded the motion and the motion
passed unanimously.
6.5. CONSENT AGENDA
6.5.1. APPROVAL OF MINUTES FROM FEBRUARY 26, 2019 REGULAR COUNCIL MEETING (ACTING TOWN CLERK BRENDA
TORRES)
Councilor Underwood provided various edits to the minutes. Councilor Underwood made a
motion to approve the minutes from the February 26, 2019 Regular Council meeting, with the
changes provided. Councilor Fancher seconded the motion and the motion passed on a vote of 6
to 1. Councilor Wolf voted no.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 12, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 3
6.5.2. APPROVAL OF MINUTES FROM FEBRUARY 26, 2019 SPECIAL COUNCIL MEETING (ACTING TOWN MANAGER
PRESTON NEILL)
Councilor Underwood made a motion to approve the only remaining item on the Consent
Agenda (item 6.5.2). Councilor Fancher seconded the motion and the motion passed on a
vote of 5 to 1. Councilor Wolf voted no and Council Thuon abstained from the vote. Both
Councilor Wolf and Councilor Thuon were absent from the February 26th Special Council
meeting.
6.5.3. APPROVAL OF MINUTES FROM FEBRUARY 27, 2019 SPECIAL COUNCIL MEETING (ACTING TOWN MANAGER
PRESTON NEILL)
Councilor Underwood provided an edit to the minutes. Councilor Underwood made a
motion to approve the minutes from the February 27, 2019 Special Council meeting, with
the change provided. Mayor Pro Tem Phillips seconded the motion and the motion passed
on a vote of 5 to 0. Councilor Thuon and Council Wolf abstained from the vote because
they were absent from the February 27th Special Council meeting.
7. WRITTEN REPORTS
7.1. POLAR PLUNGE EVENT UPDATE (POLICE CHIEF GREG DALY)
7.2. REAL ESTATE TRANSFER TAX ANALYSIS (ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT)
7.3. UPPER EAGLE REGIONAL WATER AUTHORITY FEBRUARY 28, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Councilor Fancher asked staff a question about the Town's Opportunity Zone designation and what
progress staff has made with regard to Opportunity Zone opportunities. Councilor Fancher also asked
staff to explore the option of providing a compost bin at the Avon Recycling Center. Preston Neill
explained that the Town recently partnered with Vail Honeywagon for placement of a compost drop‐
site dumpster at the Avon Recycling Center. He explained that residents who are interested in
participating in the compost program must sign up through Vail Honeywagon for a drop‐site
membership. Councilor Thuon emphasized the importance for members of our community to recycle.
9. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO
NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24‐6‐
402(2)(E) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER
C.R.S. §24‐6‐402(2)(B) CONCERNING A SPECIAL EVENT
Mayor Smith Hymes moved to convene into Executive Session for the purpose of determining positions
relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, under C.R.S. §24‐6‐402(2)(E) and for a conference with the town attorney for
the purpose of receiving legal advice under C.R.S §24‐6‐402(2)(B) concerning a special event. Councilor
Underwood seconded the motion and the motion carried on a vote of 6 to 0. Mayor Pro Tem Phillips
was out of the room. Executive Session began at 8:59 p.m. Executive Session ended at 9:47 p.m.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 12, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 4
10. ADJOURNMENT
There being no further business to come before Council, the Regular meeting adjourned at 9:49 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to
include each statement, person speaking or to portray with complete accuracy. The most accurate records of the
meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is
available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Brenda Torres, Acting Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips ___________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Jennie Fancher ________________________________
Scott Prince ________________________________
Tamra N. Underwood ________________________________
TOWN OF AVON, COLORADO
SPECIAL MEETING MINUTES FOR FRIDAY, MARCH 15, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Special Meeting Minutes 3/15/2019 Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Smith Hymes called the meeting to order at 9:30 a.m. A roll call was taken and Council
members present were Chico Thuon, Amy Phillips, Jennie Fancher, Scott Prince and Tamra Nottingham
Underwood. Jake Wolf was absent. Also present were Acting Town Manager Preston Neill, Human
Resources Director Lance Richards, and Assistant Town Manager/Finance Director Scott Wright,
Planning Director Matt Pielsticker, Police Chief Greg Daly, Town Engineer Justin Hildreth, Fleet Director
Rego Omerigic, Recreation Direction John Curutchet and Mobility Director Eva Wilson.
2. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO
NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24‐6‐
402(2)(E) CONCERNING TOWN MANAGER CANDIDATES.
Mayor Smith Hymes made a motion to convene into Executive Session for the purpose of determining
positions relative to matters that may be subject to negotiations, developing strategy for negotiations,
and/or instructing negotiators, under C.R.S. §24‐6‐402(2)(e) concerning Town Manager candidates. Mayor
Pro Tem Phillips seconded the motion and the motion passed unanimously by Council members present.
Councilor Wolf was absent. The time was 9:32 a.m.
Executive Session ended at 3:56 p.m.
3. ADJOURNMENT
There being no further business to come before the Council, Councilor Underwood made a motion to
adjourn the meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously by
Council members present. Councilor Wolf was absent. The time was 3:57 p.m.
TOWN OF AVON, COLORADO
SPECIAL MEETING MINUTES FOR FRIDAY, MARCH 15, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Special Meeting Minutes 3/15/2019 Page 2
RESPECTFULLY SUBMITTED:
_________________________________
Preston Neill, Acting Town Manager
APPROVED:
Sarah Smith Hymes ________________________________
Amy Phillips ________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Tamra N. Underwood ________________________________
Scott Prince ________________________________
Jennie Fancher ________________________________
TOWN OF AVON, COLORADO
SPECIAL MEETING MINUTES FOR WEDNESDAY, MARCH 20, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Special Meeting Minutes 3/20/2019 Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Smith Hymes called the meeting to order at 4:01 p.m. A roll call was taken and Council
members present were Amy Phillips, Jennie Fancher, Scott Prince and Tamra Nottingham Underwood.
Chico Thuon and Jake Wolf were absent. Also present were Acting Town Manager Preston Neill,
Human Resources Director Lance Richards, and Assistant Town Manager/Finance Director Scott
Wright.
2. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO
NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24‐6‐
402(2)(E) CONCERNING TOWN MANAGER CANDIDATES.
Mayor Smith Hymes made a motion to convene into Executive Session for the purpose of determining
positions relative to matters that may be subject to negotiations, developing strategy for negotiations,
and/or instructing negotiators, under C.R.S. §24‐6‐402(2)(e) concerning Town Manager candidates.
Councilor Underwood seconded the motion and the motion passed unanimously by Council members
present. Councilor Thuon and Councilor Wolf were absent. The time was 4:02 p.m.
Councilor Thuon and Councilor Wolf arrived at 4:07 p.m.
Councilor Wolf left the meeting at 4:12 p.m.
Councilor Underwood left the meeting at 5:18 p.m.
Executive Session ended at 5:23 p.m.
3. ADJOURNMENT
There being no further business to come before the Council, Councilor Fancher made a motion to adjourn
the meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously by Council
members present. Councilor Wolf and Councilor Underwood were absent. The time was 5:24 p.m.
TOWN OF AVON, COLORADO
SPECIAL MEETING MINUTES FOR WEDNESDAY, MARCH 20, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Special Meeting Minutes 3/20/2019 Page 2
RESPECTFULLY SUBMITTED:
_________________________________
Preston Neill, Acting Town Manager
APPROVED:
Sarah Smith Hymes ________________________________
Amy Phillips ________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Tamra N. Underwood ________________________________
Scott Prince ________________________________
Jennie Fancher ________________________________
WRITTEN REPORT
To: Mayor Sarah Smith Hymes & Avon Town Council
From: Preston Neill, Acting Town Manager
Matt Pielsticker, Planning Manager
Date: April 9, 2019
Topic: OPPORTUNITY ZONES UPDATES
SUMMARY
The purpose of this report is to provide updates related to the designation of the Town of Avon’s census
tract #000503 as an Opportunity Zone. On January 8, 2019, Jana Persky, Strategic Initiatives Manager
of the Opportunity Zones program with the Office of Economic Development and International Trade
(OEDIT) brought together property owners, developers, and investors to hold a workshop to educate
and discuss benefits of the program and designation. The Town Council provided direction to pursue
the creation of a prospectus for the Town. Staff intends to release a RFP and pursue the DOLA grant as
quickly as possible unless directed otherwise by Town Council.
COMMUNITY PROSPECTUS
A community investment prospectus is a document designed to attract capital in support of specific
parcels or projects. It is a combination of a community marketing strategy, economic development
analysis, and private investment memorandum. The community prospectus can take the form of a
document and/or a website, but in either form it should include a data‐drive perspective on the
interplay of sectors, communities, and institutions. It should include specific areas or projects where
there is a demand for capital, and articulate both the opportunities (growth potential, additional
incentives, etc.) and the risks of those projects. Avon’s prospectus can be a blend of private properties
and Town properties/projects (i.e. Wildwood Housing).
Since the January workshop staff has been in contact with Greg Winkler, Northern Mountain Regional
Manager, Department of Local Affairs (DOLA), and Jana Persky, OEDIT. Ms. Persky has provided other
examples of request for proposals related to the professional creation of a prospectus, as well as a list of
consultants with expertise in the field. Mr. Winkler has advised staff to prepare the RFP, select a
consultant, and then send a letter signed by the mayor asking for an administrative grant from DOLA to
pay for 50% of the proposal (not to exceed $25,000). Once received, DOLA could process the request
within a month and the Town could commence work. It is expected to take another month to create the
draft document for Council consideration. Once costs come in they will be incorporated in a general
fund budget amendment, tentatively scheduled for April 30, 2019.
UPCOMING WORKSHOPS
OEDIT will be hosting a two‐part Opportunity Zone workshop for communities in the coming months.
This will be a great chance to hear the latest on OZs, take action to move the Town’s strategy/projects
forward, and get direct feedback from experts. The times, locations, and subjects are as follows:
April 24th, 9:30‐3:30pm in Denver ‐ Developing an OZ Strategy, Identifying Projects, and Building
a Prospectus ‐ primarily for community leaders
June 13th, time TBD in Colorado Springs ‐ Financial Modeling, Building a Proforma, and
Strategies for Attracting Investment ‐ project leads will also be invited
Staff applied for the maximum two spots for the April 24th workshop in Denver. Once more information
is received on the June 13 workshop it will be distributed.
ATTACHMENTS
Draft RFP
REQUEST FOR PROPOSALS
PROJECT: Opportunity Zone Prospectus Preparation
DATE: April 10, 2019
BY: Town of Avon
Matt Pielsticker, Planning Director
PO Box 975, 100 Mikaela Way
Avon, CO 81620
SCOPE OF WORK
The prospectus will be for the Town of Avon’s designated census tract. Development and production
of materials, focused on electronic format hosted through the Town’s website, as well as materials
suitable for social media marketing. The prospectus will include the following sections at a minimum:
I. Introduction
II. Basic Data
a. Geography: location, infrastructure, natural resources, zoning, etc.
b. Demographics: population, age, ethnicity, income, education levels, etc.
c. Labor force: size, job growth, unemployment rate, etc.
d. Local economy: historical economic growth, annual GDP, industry breakdown, etc.
e. Anchor institutions: higher education, healthcare facilities, large embedded
employers, etc.
III. Strategic Advantages
a. Industry spotlight – detailed description of current key industries
b. Strengths of community
i. Examples could include: anchor institutions, areas of growth,
creditworthiness of Avon, natural resources, quality of life advantages,
workforce, community growth strategy, strength of local/regional networks
c. Challenges of community
i. Examples could include: lack of growth, diversity and inclusion struggles,
blighted neighborhoods, investment needs, support structures needed (This
is intended to be upfront about the challenges faced by a community and tell
a story about how investment could help solve them). For sale Community
Housing projects will likely be the focus of Avon’s prospectus.
d. Economic development strategy
i. This is the key story where a community explains what they are trying to build
and how additional investment could both support and benefit from the
community strategy. Examples could include: building an entrepreneurial
ecosystem based on educational institutes, startups, coworking spaces;
attracting human capital based on anchor institutions and quality of life;
capitalizing on natural resources to support energy or outdoor recreation;
revitalizing downtown, etc.
e. Additional incentives available
i. Examples could include Enterprise Zones, TIF, additional tax credits, public
land available, grants, fee waivers, subsidies, etc.
IV. Investable Opportunities, including marketing information, for specific properties and/or
projects:
a. Type of project
b. Size of project
c. Location
d. Additional incentives available
e. Key contacts
f. Photos/renderings
g. Where to learn more
PROPOSAL SUBMITTAL
Proposals for the work described herin will be received until 5:00 p.m. on Friday April 26, 2019 at the
above address. Proposals must be submitted electronically to mpielsticker@avon.org in PDF
Format. No paper copies will be accepted.
Proposals shall include resume(s) of personnel who will be directly assigned to the work
Proposals shall include estimated timeframe for completion, rates of staff, and itemized
budget
Proposals received after the specified deadline not be reviewed.
AWARD OF CONTRACT
Proposals will be evaluated per the following criteria:
Record of past experience with prospectus development (include references)
Economic, industry, and demographic data analysis
Direct experience with Opportunity Zones
Rates
Mountain Town experience
The Town of Avon reserves the right to reject any and all proposals and to waive informalities herein.
WRITTEN REPORT
To:
From:
Meeting Date:
Topic:
Honorable Mayor Sarah Smith Hymes and Avon Town Council
Eva Wilson, Mobility Director
April 9, 2019
AVON RELAUNCHED ZAGSTER BIKES ON APRIL 1, 2019
ACTIVITY:
Avon relaunched their Zagster bike share program for 2019 on Monday, April 1st and it will operate
through Dec 1, 2019. The program provides residents and visitors with a convenient, affordable and
healthy way to get around town. Avon’s bike share program is part of a comprehensive multimodal
effort to reduce personal vehicle usage and to support the Climate Action Plan for the Eagle County
Community. Along with Avon’s pedestrian friendly paths, fare-free transit system, and free public
parking, the bike share program will continue to enhance Avon’s Free Spaces to Explore.
Twenty-five cruiser bikes are available at six stations for members to use for on-demand, local trips.
Riders join the program by signing up for annual or hourly memberships. Annual memberships are $10.
Daily memberships are $2. Go to www.avon.org/zagster for coupons and free rides. Avon employees
may register for free with their Avon email address.
Bikes are located at the following locations:
•Eaglebend Housing Complex
•Avon Station
•The Aspens Mobile Home Park
•City Market
•Nottingham Beach
•Avon Recreation Center
BACKGROUND:
Avon’s bikeshare program began in the summer of 2017 with 4 stations and 20 bicycles for $36,000/yr.
Zagster was selected as the provider based on 1) Turn-key program (no additional staff required), 2) Low
initial/capital cost, and 3) No long-term commitment. In addition, Zagster had proven success in 34
states with 245 programs.
FISCAL YEAR 2019
FINANCIAL REPORT
April 9, 2019
______________________________________________________________________________________
1. Financial Report Memorandum
2. Sales Tax Report – January
3. Accommodations Tax Report – January
4. Real Estate Transfer Tax Report – January
5. Recreation Center Admissions – January
6. General Fund Year-To-Date Expenditures – January
7. Fleet Maintenance Fund Year-To-Date Expenditures – January
8. Transit Fund Year-To-Date Expenditures – January
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Nelly Burns, Senior Accountant
Meeting Date: April 9, 2019
Agenda
Topic: Fiscal Year 2019 Financial Report –January 2019
SUMMARY
Revenues
SALES TAX
• Sales tax revenue for the month of January totaled $819,179.33, a 0.80% decrease from the
previous year and a 1.17% positive variance over the original cumulative monthly budgets, which
is based on the average of the relative monthly percentages of taxes collected over a 5-year period.
• Monthly sales tax collections by industry compared to one year ago have increased $523 for
liquor stores, $7,908 for sporting goods retail/rental, $14,223 for accommodations, and $16,537
for restaurants and bars. Monthly sales tax collections have decreased ($2,857) for
home/garden, ($30,837) for grocery/specialty/health, ($11,165) for miscellaneous retail, ($179)
for other, and ($790) for service related businesses.
• Year-to-date sales tax revenues through January have decreased 0.80% over the previous year,
which is $6,636.76 under the previous year and $9,492.93 over original budget estimates.
-
50,000.00
100,000.00
150,000.00
200,000.00
250,000.00
Sales Tax Comparison by Industry
Jan-18 Jan-19
New and Renewed
Business, Contractor & Sales Tax Licenses Issued in January
Business License - Fixed Location 29
Business License - Home Occupation 6
Business License - Short Term Accommodation 27
Business License - Vendor 79
Contractor License 11
Liquor License 2
Sales Tax License 49
Grand Total 203
ACCOMMODATIONS TAX
• Accommodations tax revenue for month of January totaled $197,879.22, a 4.03% increase from the
previous year and a 5.02% positive variance from the original cumulative monthly budgets, which
is based on the average of the relative monthly percentages of taxes collected over a 5-year period.
• Monthly accommodations tax collections increased $3,194.75 for time shares, $9,488.98 for hotels,
and $3,606.50 for vacation rentals compared to January 2018.
-
20,000.00
40,000.00
60,000.00
80,000.00
100,000.00
120,000.00
140,000.00
Time Shares Hotels Vacation Rentals
Accommodation Tax by Type
Jan-19 Jan-18
REAL ESTATE TRANSFER TAX
• Real estate transfer tax collections for the month of January totaled $72,520, a decrease of 72.54%
from the previous year and a negative variance of 21.96% over the original cumulative monthly
budgets, which is based on average of the relative monthly percentages of taxes collected over a
5-year period.
Real Estate Transfer Tax (RETT) Transactions January
RETT transactions without Exemptions 6
RETT Exemptions for Primary Residence 4
RETT Exemptions for Full Exemption 7
Deed Restricted & Tax Exempt 1
RETT transactions still pending response from owner 5
Grand Total 23
RECREATION CENTER ADMISSIONS
• January’s admission fees totaled $72,981.40 a 17.61% decrease from the previous year. This is a
-8.45% negative variance compared to the monthly budget, which is based on average of the
relative monthly percentages of taxes collected over a 5-year period.
Expenditures
• General Fund expenditures through January 2019 total 7.85% of the total budget. These
expenditures include insurance premiums, computer services, events, community grants,
equipment replacement, contract services, janitorial and legal services.
• Fleet expenditures through January 2019 total 9.23% of the total budget. These costs include
expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums.
• Mobility funds are January 2019 total 11.28% of the total budget. These expenditures include
costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance
premiums.
TOWN OF AVON
SALES TAX
2019 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget
638,863.27$ 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 809,686.40 819,179.33$ 9,492.93$ -0.80%1.17%
673,722.03 788,999.06 774,754.00 798,923.33 785,412.03 821,657.92
793,301.96 875,499.53 945,795.71 918,657.55 1,014,399.70 977,708.43
381,839.56 403,560.42 438,198.18 425,727.85 394,986.15 439,510.36
340,332.28 353,840.11 404,872.55 394,689.30 418,628.58 411,142.33
538,517.31 570,424.51 693,675.00 650,794.65 757,498.52 690,319.33
570,959.86 601,516.82 690,342.23 682,024.81 696,374.00 696,835.24
547,085.80 572,647.57 593,398.26 618,515.44 639,569.12 638,787.13
546,016.59 595,235.68 667,949.51 690,883.92 680,720.64 683,847.29
417,921.46 423,701.53 451,303.71 458,645.68 490,977.90 482,129.93
397,935.36 438,315.55 445,336.04 435,975.05 456,409.92 467,386.14
1,221,263.98 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,306,408.37
7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 8,425,419$ 819,179.33$ 9,492.93$ -0.80%1.17%
Actual Collections
$700,000
$720,000
$740,000
$760,000
$780,000
$800,000
$820,000
$840,000
2015 2016 2017 2018 2019
Year
Sales Tax Collections for January
TOWN OF AVON
ACCOMMODATIONS TAX
2019 Actual vs. Budget
Budget YTD Collections Budget % change % change
2014 2015 2016 2017 2018 2019 2019 Variance 2018 to budget
January 129,851.78$ 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 188,424$ 197,879.22$ 9,455.43$ 4.03%5.02%
February 150,317.06 175,056.31 185,370.53 194,804.88 186,147.24 201,354 -
March 168,597.39 183,650.29 217,387.54 201,008.55 206,783.36 220,713 -
April 31,626.02 34,825.13 60,916.55 38,340.02 33,275.27 44,932 -
May 21,961.97 28,002.56 37,357.48 39,961.98 42,618.10 38,366 -
June 54,232.23 53,397.46 73,591.08 83,723.31 94,803.78 81,235 -
July 81,083.01 86,301.22 107,595.18 119,300.76 119,458.02 116,007 -
August 71,044.33 75,107.71 87,674.05 100,628.23 98,193.15 97,696 -
September 50,840.16 60,417.74 68,139.11 81,837.60 85,257.82 78,242 -
October 34,977.59 38,706.72 45,738.23 48,223.10 53,236.86 49,878 -
November 32,064.02 34,328.47 37,570.50 46,397.08 47,934.88 44,777 -
December 168,944.85 198,421.26 200,114.56 189,505.28 185,008.67 212,712 -
Total 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,374,335.32$ 197,879.22$ 9,455.43$ 4.03%5.02%
0.88 0.88 0.97 1.00 0.97
Actual Collections
$-
$50,000
$100,000
$150,000
$200,000
$250,000
2015 2016 2017 2018 2019
Accommodations Tax Collections for January
Town of Avon
Real Estate Transfer Tax
2019 Actual vs. Budget
Budget YTD Collections $ Change % of Change % change
2013 2015 2016 2017 2018 2019 2019 2018 2018 to budget
22,535.00$ 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 92,927.86$ 72,520.00$ (191,543.20)$ -72.54%-21.96%
55,872.69 85,479.08 200,850.86 270,815.26 269,578.51 161,754.65
125,927.64 168,744.22 265,061.65 254,737.53 344,556.74 212,416.61
144,437.80 125,266.30 159,046.06 249,938.93 122,312.21 146,800.60
121,784.12 237,971.08 184,987.10 377,490.82 351,236.93 233,390.60
90,309.74 294,434.84 307,127.24 703,419.85 343,140.71 318,604.88
386,434.78 396,838.68 259,977.94 219,208.74 272,420.41 281,299.66
97,579.70 152,380.93 186,483.40 592,467.49 343,249.80 251,477.88
157,010.67 291,223.61 321,957.68 423,013.80 311,022.50 275,681.97
169,839.80 172,855.22 641,688.59 497,642.58 330,671.24 332,215.54
112,491.82 169,328.38 315,109.37 425,402.80 211,818.76 226,184.57
83,382.60 225,862.90 588,514.66 227,918.50 196,105.45 242,245.18
1,567,606.36$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 2,775,000$ 72,520.00$ (191,543.20)$ -72.54%-21.96%
Budget 2,775,000.00
Variance, Favorable (Unfavorable)(2,702,480.00)$
Actual Collections
$-
$500,000.00
$1,000,000.00
$1,500,000.00
$2,000,000.00
$2,500,000.00
$3,000,000.00
$3,500,000.00
$4,000,000.00
$4,500,000.00
$5,000,000.00
2015 2016 2017 2018 2019
Real Estate Transfer Tax Collections -5-Year Comparison
TOWN OF AVONRECREATION CENTER ADMISSION FEES 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from BudgetJanuary 70,039.90$ 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 79,714.43$ 72,981.40$ (6,733.03)$ -17.61% -8.45%February 68,578.10 63,838.00 68,506.00 86,342.00 75,952.60 80,287.10 March 72,616.10 77,902.00 81,664.00 76,023.00 79,071.20 85,605.34 April 64,370.00 61,760.00 55,452.00 67,398.00 61,817.56 68,700.13 May 35,063.70 43,119.00 50,067.40 54,337.00 50,252.60 51,467.96 June 46,194.30 55,052.00 58,430.50 58,044.00 62,135.02 61,860.62 July 71,491.30 61,472.00 66,399.80 65,873.60 72,441.40 74,641.93 August 57,328.80 63,233.00 66,388.60 76,558.30 73,573.10 74,510.12 September 43,829.00 36,846.00 44,719.00 49,017.70 49,315.70 49,453.74 October 48,803.00 75,818.00 61,167.00 51,833.00 59,692.77 65,719.61 November 93,822.00 29,570.00 71,384.00 72,114.00 126,981.80 87,063.24 December 69,258.00 77,672.00 112,201.00 169,092.78 186,927.10 186,927.10 Total 741,394.20$ 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 965,951$ 72,981.40$ (6,733.03)$ -17.61% -8.45%Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,0002015 2016 2017 2018 2019Recreation Center Admissions - January
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
111 Mayor and Town Council 262,117$ 33,640$ 26,409$ 202,068$ 22.91%
112 Boards and Commissions 16,049 - 664 15,385 4.14%
113 Town Attorney 155,000 - - 155,000 0.00%
115 Town Clerk 120,800 8,549 3,736 108,515 10.17%
121 Municipal Court 155,008 24,756 4,791 125,461 19.06%
131 Town Manager 386,895 902 8,259 377,734 2.37%
133 Community Relations 202,582 14,953 11,706 175,923 13.16%
Total General Government 1,298,451 82,801 55,564 1,160,086 10.66%
Human Resources Department:
132 Human Resources 537,456 23,667 20,097 493,692 8.14%
Finance & IT Department:
141 Finance 997,181 94,755 61,417 841,009 15.66%
143 Information Systems 431,091 82,961 19,279 328,851 23.72%
149 Nondepartmental 583,517 120,935 20,103 442,479 24.17%
Total Finance & IT 2,011,789 298,651 100,798 1,612,339 19.86%
Total General Gov't Departments 3,847,696 405,119 176,460 3,266,117 15.11%
Community Development:
212 Planning 293,353 8,818 14,552 269,983 7.97%
213 Building Inspection 177,039 - 8,592 168,447 4.85%
215 Town Produced Events 210,019 6,604 12,174 191,241 8.94%
216 Signature Event Seed Funding 500,000 600 - 499,400 0.12%
217 Community Grants 201,000 - - 201,000 0.00%
218 Salute to the USA 110,715 2,931 8,820 98,964 10.61%
Total Community Development 1,492,126 18,953 44,138 1,429,035 4.23%
Police Department:
311 Administration 795,463 30,195 45,168 720,100 9.47%
312 Patrol 2,778,057 31,812 139,687 2,606,558 6.17%
313 Investigations 315,990 443 17,318 298,229 5.62%
Total Police 3,889,510 62,450 202,172 3,624,888 6.80%
Public Works:
412 Engineering 275,025 3,185 13,755 258,084 6.16%
413 Roads and Bridges 2,321,714 74,737 100,285 2,146,692 7.54%
415 Parks 671,860 14,320 10,749 646,790 3.73%
418 Buildings & Facilities 1,169,504 67,221 28,595 1,073,688 8.19%
Total Public Works 4,438,103 159,464 153,384 4,125,255 7.05%
Recreation Department:
514 Administration 244,297 15,750 11,244 217,303 11.05%
515 Adult Programs 62,701 - 3,265 59,436 5.21%
516 Aquatics 629,604 25,083 37,031 567,490 9.87%
518 Fitness 136,807 - 5,114 131,693 3.74%
519 Guest Services 336,180 7,390 17,801 310,989 7.49%
521 Youth Programs 161,580 - 6,365 155,215 3.94%
523 Community Swim Program 63,324 - 5,444 57,880 8.60%
Total Recreation 1,634,493 48,223 86,264 1,500,006 8.23%
Contingency 100,000 100,000
Operating Transfers 1,870,000 100,000
1,870,000
TOTAL OPERATING EXPENDITURES 17,271,928$ 694,209$ 662,419$ 14,145,301$ 7.85%
Department Expenditure Summaries
General Fund
January 2019 Expenditures to Date
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,801,273$ 64,646$ 101,612$ 1,635,015$ 9.23%
Total Operating Expenditures 1,801,273 64,646 101,612 1,635,015 9.23%
TOTAL EXPENDITURES 1,801,273$ 64,646$ 101,612$ 1,635,015$ 9.23%
Expenditure Summary
Fleet Maintenance Enterprise Fund
January 2019 Expenditures to Date
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Mobility Administration 286,200$ 12,713$ 9,868$ 263,619$ 7.89%
432 Mobility Operations 2,087,011 - 287,962 1,799,049 13.80%
436 Mobilty Wash Bay 169,093 11,442 6,890 150,761 10.84%
437 Mobility Programs 373,720 - - 373,720 0.00%
Total Operating Expenditures 2,916,024 24,155 304,721 2,587,149 11.28%
TOTAL EXPENDITURES 2,916,024$ 24,155$ 304,721$ 2,587,149$ 11.28%
Expenditure Summary
Mobility Enterprise Fund
January 2019 Expenditures to Date
1 PZC Abstract April 2, 2019
Planning & Zoning Commission
Meeting Abstract
Tuesday, April 2, 2019
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 or amendments.
IV. Conflicts of Interest – There were no conflicts disclosed.
V. Minor Development Plan – Benchmark Road – PUBLIC HEARING
File: MNR19003
Applicant: Town of Avon
Property: Right of Way on the south side of Benchmark Road
Owner: Town of Avon
Summary: Addition of parking along Benchmark Road, including drainage and landscaping
improvements.
Action: Commissioner Glaner motioned to approve the item with the findings listed below:
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 development application is complete;
3. The development application provides sufficient information to allow the PZC to
determine that the development application complies with the relevant review
criteria;
4. The development application complies with the goals and policies of the Avon
Comprehensive Plan;
5. The demand for public services or infrastructure is met by the development
application; and
6. The development relates to the character of the surrounding community.
Commissioner Golembiewski seconded the motion and it carried 7‐0.
VI. Minor Development Plan – 368 Riverfront Lane ‐ PUBLIC HEARING
File: MNR19001
Applicant: Town of Avon
Property: Lot 7 Riverfront and Tract H Block 2 Benchmark at Beaver Creek
Owners: CRP/EWP Riverfront Avon Owner II, LLC; Eagle River Water & Sanitation District
Summary: Recreation path connecting Riverfront Lane and the Eagle Valley Trail.
Action: Commissioner Golembiewski motioned to approve the item 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.
2. The design meets the development and design standards established in the Avon
Development Code, including §7.32.040, Paved Trail Design.
2 PZC Abstract April 2, 2019
3. The development application is complete;
4. The development application provides sufficient information to allow the PZC to
determine that the development application complies with the relevant review
criteria;
5. The development application complies with the goals and policies of the Avon
Comprehensive Plan;
6. The demand for public services or infrastructure is met by the development
application; and
7. The development relates to the character of the surrounding community.
Conditions:
1. The landscape plan shall be updated to show 3‐5 appropriate shrubs between the
new path and the existing Eagle Valley Trail on Tract H; and
2. Engineering analysis shall be conducted per code on all applicable walls.
Commissioner Barnes seconded the motion and it carried 7‐0.
VII. Consent Agenda
A – March 19, 2019 Meeting Minutes
B ‐ MJR18011 (L27 B2 WR Addition – Staff missed adding this to the consent agenda)
Action: Commissioner Barnes motioned to approve the consent agenda. Commissioner
Howell seconded the motion and it carried unanimously 7‐0.
VIII. Adjourn – The meeting was adjourned at 5:34 pm.
M E M O R A N D U M
TO: Board of Directors
FROM: Catherine Hayes, Board Secretary
DATE: April 2, 2019
RE: Summary of Authority’s March 28, 2019, Board Meetings
The following is a summary of items discussed at the March 28, 2019, Authority Board Meetings:
Board members present and acting included: Chair George Gregory, Vice Chair Sarah Smith Hymes, Secretary
Kim Bell Williams (via phone), Treasurer Geoff Dreyer, directors Mick Woodworth and Pam Elsner.
Rules and
Regulations Updates
The board unanimously approved updates to the Rules and Regulations, including
the prohibition of “Y” connections in the water and wastewater system joint service
lines. Jason Cowles and Linn Brooks explained this revision was to protect current
and future customers and the District from the liability associated with such
connections, which have caused backups and property damage in the past.
Arrowhead Tank
Upgrades
Jeff Schneider discussed planned, phased upgrades to the Arrowhead tank.
Residents should not expect interruptions to water service during the interior tank
recoating or exterior painting. Jeff said he and project staff would continue to
communicate with residents via Arrowhead Metro District.
Village Hall Project at
Beaver Creek
In response to a question, Jeff Schneider discussed options for the replacement of
a water main in Village Hall at Beaver Creek. He said construction was planned to
minimize impacts to the resort and guests, and a trenchless option for the new main
was being considered. Beaver Creek Metro District was in close contact with staff
regarding the project.
Eagle Mine Superfund
Site Consent Decree
Siri Roman discussed the consent decree between the Environmental Protection
Agency (EPA) and CBS, the owner of the Eagle Mine. Authority and District
concerns were communicated in writing to ensure the consent decree includes
timeliness of notifications and cleanup, regular inspections, and ongoing monitoring
to protect our rivers and source water quality. The Eagle Board of County
Commissioners also sent a letter to EPA that reinforced the Authority and District’s
concerns and requests.
West Vail Pass
Auxiliary Lane Project
Update
Siri Roman continues to participate in the stakeholder meetings on the Authority
and District’s behalf. At the last meeting, she suggested if the stakeholders and the
Colorado Department of Transportation (CDOT) could agree on required metrics,
such diligent oversight of water quality and technical project aspects would not be
needed. Agreed-upon metrics have been used for similar projects in the past; staff
is awaiting more information from CDOT on whether these metrics are an
acceptable alternative.
Eagle Park Reservoir
Update
Brian Tracy gave an overview of Eagle Park Reservoir conditions and operations.
He noted the reservoir was expected to gravity fill due to the high snowpack, but the
East Fork Pump Station will run at least briefly to ensure the recent upgrades there
are successful.
Inundation Mapping Len Wright discussed updated inundation mapping for a possible catastrophic dam
failure at Eagle Park Reservoir. Previous such efforts were outdated and consisted
of paper maps. The District received a FEMA grant for the work to digitize the
Summary of Authority’s March 28, 2019, Board Meetings Page 2 of 3
mapping and conduct computer modeling to better prepare for such an event. Len
noted the District’s dams are regularly state-inspected and optimally maintained, so
the probability of such a failure is low.
Lionshead Zoning
Update
Jason Cowles discussed recent Vail Town Council efforts to stimulate
redevelopment in Lionshead, via a proposal to allow unlimited residential
development within current setbacks. The effort passed first reading. Jason
discussed concerns, as increased loading to the wastewater treatment facility could
trigger capacity upgrades sooner than planned; this would compound customer rate
increases that have been carefully planned to minimize impacts to customers.
Vail Resorts
Employee Housing
Proposal in East Vail
Jason Cowles discussed the controversial employee housing proposal in East Vail
on Vail Resorts-owned land. Opponents are concerned about the effects on bighorn
sheep in the area; proponents recognize the need for more employee housing. Vail
Resorts would have to dedicate Eagle Park Reservoir water for the development.
Water Conservation
Considerations in
Front Range Water
Projects
Jason Cowles discussed lawsuits brought by citizen group “Save the Colorado”
against the federal agencies that permitted the large Front Range Windy Gap
Firming Project and the Moffat Collection System Project. The suits allege that
conservation was not considered a reasonable alternative to these projects in either
case. Jason noted the Authority and District’s aggressive conservation efforts will
become more important in planning and permitting for any future projects.
Proposed
Development in
Edwards
Jason Cowles discussed a proposed project near the old B&B gravel pit in
Edwards. The current proposal anticipates 594 units, including a hotel, several
condos, and residential units, including single family houses and townhomes. The
board discussed the project and the request for conditional capacity to serve. This
project would utilize a large portion of the Authority’s remaining unallocated water;
the board requested additional information, which Jason will compile and bring back
to a future meeting.
Legislative Update Diane Johnson reported on the status of various bills of interest to the Authority and
District. The non-resident elector bill was killed in committee. It would have allowed
non-resident electors in Colorado special districts to vote in board member
elections.
Colorado River Basin
Roundtable Funding
Diane Johnson explained how the roundtables are funded. She noted the Colorado
River Basin Roundtable recently gave funds to the EagleVail Metropolitan District’s
Stone Creek restoration project, which will improve water quality there.
Drought Contingency
Planning
Diane Johnson said the Drought Contingency Plan between the lower and upper
basin states was finalized. The Imperial Irrigation District was not part of the final
agreement, as it wanted funding for the toxic Salton Sea issue within its District.
State of the River Diane Johnson noted the community State of the River meeting was upcoming, with
possible dates of May 20 or May 29. Andy Mueller of the Colorado River Water
Conservation District would be the keynote speaker, discussing drought
contingency planning. Climate change and its effects on water supply may also be a
topic.
Additional Legislative
Update
Kristin Moseley discussed various late bills that were introduced in this legislative
session. Such bills deal with leasing water rights to the CWCB in successive ten-
year periods; oil and gas regulation that would affect severance taxes; piping open
ditches; and authority to regulate agricultural chemicals in surface water, not just
groundwater. Kristin will continue to monitor such legislation on the Authority and
District’s behalf.
Traer Creek Update Jim Collins discussed the status of settlement with the various parties, which
continues to wrap up. Jim noted the settlement terms are confidential to the extent
permitted by Colorado law but shared that the global settlement with all entities
gives money to the Authority to begin replacement of the tank. Demolition of the
failed tank is slated for this year, in addition to planned geotechnical and
Summary of Authority’s March 28, 2019, Board Meetings Page 3 of 3
geophysical investigations prior to any construction. Construction is planned for
2020, with tank completion tentatively expected in 2021. Jason Cowles confirmed
various aspects that will be required during construction to ensure loose soils do not
affect this replacement tank.
Restructuring,
Consolidation Efforts
Formerly referred to as “unification,” the board subcommittee members reported on
continued exploratory efforts regarding a possible consolidation with the District.
Staff and consultants continue to explore the benefits, political concerns, and issues
regarding representation through election. Glenn Porzak is working through
potential impacts and benefits to the unallocated water of each entity.
6 West Development
Update
Jim Collins and Jason Cowles discussed the continued issues at the development.
The Authority and District were given an extended warranty and warranty bonds to
ensure any future water and sewer main installation issues are remedied at the
developer’s cost. In addition to these issues, the county declined to issue a
temporary certificate of occupancy because the road through the development is
not paved, which has resulted in a swampy mess, unfit for residential use.
Wolford Mountain
Reservoir Conditional
Exchange
Glenn Porzak reported that the application was filed, as no party opposed this
application.
Drought Contingency
Planning Presentation
Andy Mueller, general manager of the Colorado River Water Conservation District
presented information to the boards at a joint meeting. He discussed drought
contingency planning and water supply issues in the upper and lower Colorado
River Basins. Pete Fleming, general counsel for the River District, added
information on discussions with Front Range water providers regarding drought
contingency planning in Colorado.