TC Packet 02-25-2020
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
1
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, FEBRUARY 25, 2020
MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
AVON T OWN C OUNCIL SITE TOUR OF AVON WASTEWATER TREATMENT FACILITY PLANNED IMPROVEMENTS
BEGINS AT 3 :30 PM (TIM DRESCHER , MELISSA MARTS, AND JEFFREY SCHNEIDER OF EAGLE RIVER WATER &
SANITATION DISTRICT ) (60 MINUTES)
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
[AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST
MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.]
5. BUSINESS ITEMS
5.1. PRESENTATION: STEWARDSHIP OF THE WEST AVON PRESERVE (JESSICA FOULIS, EAGLE VALLEY LAND
TRUST) (20 MINUTES) 5:10
5.2. PUBLIC HEARING ON 1041 APPLICATION FOR AVON WASTEWATER TREATMENT FACILITY IMPROVEMENTS
(PLANNING DIRECTOR MATT PIELSTICKER) (45 MINUTES) 5:30
5.3. PRESENTATION: AFFORDABLE HOMES IN EAGLE COUNTY (GEORGE RUTHER, EAGLE COUNTY HOUSING
TASK) (40 MINUTES) 6:15
5.4. WORK SESSION: DEED RESTRICTED PURCHASE PROGRAM (TOWN ATTORNEY PAUL WISOR & TOWN
MANAGER ERIC HEIL) (30 MINUTES) 6:55
5.5. WORK SESSION WITH EAGLE VALLEY HUMANE SOCIETY ON LIQUOR SALES DURING SALUTE TO THE USA
(TOWN MANAGER ERIC HEIL) (30 MINUTES) 7:25
5.6. FIRST READING: ORDINANCE 20-03. OPTIONAL PREMISE LICENSE FOR LIQUOR LICENSES AT EVENTS (TOWN
ATTORNEY PAUL WISOR) (15 MINUTES) 7:55
5.7. RESOLUTION 20-01, APPROVING FEES-IN-LIEU CALCULATION FOR THE FRACTIONAL REMAINDER OF
EMPLOYEE MITIGATION REQUIREMENTS GENERATED FROM CHAPTER 7.20.100, EMPLOYEE HOUSING
MITIGATION (TOWN PLANNER DAVID MCWILLIAMS) (5 MINUTES) 8:10
5.8. PUBLIC HEARING: SECOND READING ORDINANCE 20-02, ADOPTING A NEW CHAPTER 1.15 OF TITLE 1 OF
THE AVON MUNICIPAL CODE ESTABLISHING PERMANENT LOCATIONS FOR POSTING NOTICE OF PUBLIC
MEETINGS (TOWN ATTORNEY PAUL WISOR) (5 MINUTES) 8:15
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
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5.9. APPROVAL OF MINUTES FROM FEBRUARY 11, 2020 REGULAR COUNCIL MEETING (GENERAL
GOVERNMENT INTERN CHARISE BISHOP) (5 MINUTES) 8:20
6. WRITTEN REPORTS
6.1. FEBRUARY 18TH PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT
PIELSTICKER)
6.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
6.3. DEBT REFINANCING REQUEST FOR PROPOSALS (ASSISTANT TOWN MANAGER AND FINANCE DIRECTOR
SCOTT WRIGHT)
7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) 8:25
8. ADJOURN 8:35
___________________________________________________________________________________________________________________________________________________________________________________________
*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.
FUTURE MEETING AGENDAS:
March 10, 2020
- PRESENTATION: RECOMMENDATIONS FROM THE SUSTAINABLE BUILDING CODE TASK FORCE
- WORK SESSION: DEED RESTRICTED PURCHASE PROGRAM (CONTINUED)
- ORDINANCE 20-XX PRESENTATION: PROCUREMENT CODE
- LED SIGN CONTRACT
- WORK SESSION ON DOGS/CATS
March 24, 2020
- 4:00 P.M. EXECUTIVE SESSION: PERSONNEL REGARDING ANNUAL TOWN MANAGER PERFORMANCE REVIEW
- PRESENTATION: PROPERTY TAX INCREASE IN MAY FOR FIRE DISTRICT
- EXECUTIVE SESSION: PERSONNEL REGARDING ANNUAL TOWN MANAGER PERFORMANCE REVIEW
PARTNERSHIP
BBBB
Working together to conserve the natural beauty that drives
the economy of our community.
MISSION
Eagle Valley Land Trust protects forever
the lands we love, building a permanent
legacy for future generations
PROGRAM AREAS•Land Conservation
•Conservation Easements (CEs)
•Land Ownership*
•Stewardship
•Ongoing obligation to monitor
for compliance
•Outreach
•Education
•Advocacy
CONSERVATION BENEFITS•Public Recreation and Education
•Natural Habitat
•Scenic Open Space
•Agricultural Heritage
…and the economic benefits of all these things
“Scenic beauty,
recreational access, and
abundant wildlife are
essential to the success
of our recreation and
tourism-based economy.
Their preservation is
good business.”
–Dan Godec, Board Member Emeritus
Capture The Action
Eagle River Preserve
THANK YOU
With support from the Town of Avon we have been able to
conserve…
Capture The Action
PUBLIC ACCESS
West Avon Preserve
3,100 acres of public access for recreation and education,
37 miles of trail in and around Avon –451 acres of public
access, 12.25 miles of trail
HABITAT
Taylor City
Permanent protection of over 11,000 acres of
wildlife habitat in and around Avon –351 acres
SCENIC BEAUTY
Permanent protection of over 6,400 acres of important
scenic areas in and around Avon –481 acres
Walking Mountain Science Center –Buck Creek Parcel
STEWARDSHIP
EVLT Philosophy:
•Landowners are the best stewards of their land
•Treat landowners with dignity and respect
•Make sure landowners are our advocates
Activities:
•Annual monitoring
•Requests for uses needing approval
•Stewardship resources for landowners
•Compliance
Capture The Action
Gates Ranch
OUTREACH
•Influencing attitudes, planting seeds
•Future Conservationists
•Ranching Heritage Tour
•Community Land Connection Series
•Landowner and Manager Workshop
bor
PARTNERSHIP
Jessica Foulis
Eagle Valley Land Trust Executive Director
jfoulis@evlt.org (970) 748-7654
Thank you for your support.
Together, we are conserving more of the places we love
FOREVER.
[970-748-4413] [mpielsticker@avon.org]
TO: Honorable Mayor Smith Hymes and Town Council members
FROM: Matt Pielsticker, Planning Director
RE: PUBLIC HEARING FOR 1041 PERMIT
AVON WASTEWATER TREATMENT PLANT IMPROVEMENTS
DATE: February 20, 2020
SUMMARY: The Eagle River Water and Sanitation District (ERWSD or “District”) submitted a Location
Character and Extent (LCE) application and a 1041 Permit application to the Town. Approval of the
applications is necessary for ERWSD to perform an expansion and upgrade of the Avon Wastewater
Treatment facility. A series of improvements are necessary to meet more stringent Colorado Department of
Public Health and Environment (CDPHE) water quality regulations related to Nitrogen and Phosphorous, and
in-stream water quality standards. The Avon Development code delegates permit authority for this type of
application to the Town Council. A public hearing will be held prior to action on this permit request.
BACKGROUND: Long range planning by ERWSD, as outlined on page 7 of the application narrative, has
helped the District formulate a strategy for meeting the nutrient regulations at all three of its facilities in a
coordinated manner. Avon’s Wastewater Treatment Facility (AWWTF) improvements yield the greatest
environmental benefit based upon the highest capacity of the facility. In addition to plant upgrades necessary
to meeting nutrient regulations, almost every portion of the AWWTF will be “touched” with upgrades due to
the age of infrastructure and the efficiency afforded with having an experienced contractor on -site.
RESPONSIBILITIES: General responsibilities of Town Staff and Town Council include the following:
• The Community Development Director administers the permit application and ensures processes
required to obtain a 1041 permit are followed, including review and finding the application meets all the
submittal requirements and criteria.
• The Town Clerk is responsible for public notice requirements and publishing of notice in the
newspaper. Following the public hearing, the Town Clerk must maintain records of the application, public
comments, and Town Council proceedings. The names and addresses of persons making oral or written
statements must be kept on file with the Town Clerk. Finally, the Town Clerk must have electronic copy of
the proceedings made available in addition to the final approved minutes of the Town Council meeting.
• Avon’s Town Council shall hold a public hearing and serve as the Permit Authority for this permit.
The Town Council may continue the hearing for a period not to exceed sixty (60) days.
PUBLIC HEARING PROTOCOL: Avon Development Code Section 7.40.260, Conduct of permit hearing,
spell out the following protocol:
(a) The Town Council shall conduct the hearing in a manner to afford procedural due process to the
applicant and to any person who opposes the issuance of the 1041 Permit.
(b) The Town Council shall hear relevant testimony, receive relevant evidence and may impose
reasonable time limits on presenters and witnesses.
(c) All persons appearing at the hearing in person or by counsel shall be afforded the right of cross -
examination as well as a reasonable opportunity to offer evidence in rebuttal.
The burden of proof shall be on the applicant to show compliance with the 1041 regulations, including specific
guidelines and regulations pertaining to the application. Staff is confident that the submitted application
materials, coupled with presentation content, will satisfy compliance with all the pertinent guidelines and
[970-748-4413] [mpielsticker@avon.org]
regulations. If information presented at the public hearing leads the Town Council to find that additional
information is necessary for it to determine co mpliance, the Town Council may continue the public hearing.
PROCESS: Following conclusion of the public hearing, the Town Council may approve application for the
1041 permit or may approve the application with reasonable conditions if it determines applicant has proven
the project complies with all applicable regulations. If the Town Council finds that the application does not
comply with the applicable guidelines, the 1041 permit shall be denied. The Town Council shall set forth, in
writing, the reasons for its decision. Staff recommends action on the application by motion and vote, with
direction to return at the following meeting with the written Findings of Fact and Record of Decision to finalize
and document the decision.
REFERRALS: Please refer to Attachment C to this report for a copy of the outside agency referral form,
comments received, and ERWSD’s response to comments. Pursuant to Avon Development Code Section
7.16.020(c)(2), Referral to Other Agencies, a referral period of thirty (30) days was afforded to a list of outside
agencies. The referral period exceeded the code mandated twenty -one (21) day referral period. The Avon
Development Code authorizes additional referrals directed by the Town Council, if found necessary to
evaluate specific compliance matters.
PUBLIC NOTIFICATION: The date, time, and place of the 1041 permit hearing was publicly notified in the
Vail Daily on January 24, 2020. Adjacent property owners were also notified by US Mail on January 23,
2020. A Certificate of Mailing for adjacent property owner mailings is on file with the Community Development
Department. There have been no written comments received to date, other than referral responses.
LCE: The LCE review process is used for the review of proposed public facilities or uses as provided by
Section 31-23-209 of the Colorado Revised Statue. The Avon Development Code requires a public hearing
and action by the Planning and Zoning Commission (PZC). Attached to this report as Attachment D is the
Findings of Fact and Record of Decision from the PZC’s February 4, 2020 public hearing. PZC requested
additional design information as part of their review of the LCE to address building elevations and
landscaping. Staff recommends carrying those conditions forward with the 1041 per mit for continuity.
CONSTRUCTION IMPACTS: A project of this scale and duration will undoubtedly result in impacts typical
to similar construction projects. While the site is somewhat isolated by natural and manmade buffers to the
north, east, and south, more immediate impacts will be experienced by residential property immediately
abutting to the west. The project design team has specified a temporary sound wall between the Liftview
Condominiums and the site. Ongoing construction noise will be experienced, and Staff recommends strict
adherence to the construction hours prescribed in the Avon Municipal Code. Hours permitting “audible
construction activity” are 7am-7pm Monday through Saturday, and 8am-6pm on Sundays and holidays.
Other construction related activities include visual (crane and construction activity), staging of deliveries, and
possible degradation of Millie’s Lane which is used to access the property. ERWSD has worked closely with
the contractor and suppliers to understand the area and site constraints. Staff recommends that the
existing/pre-construction condition of Millie’s Lane be documented prior to const ruction by the District, and
that if significant deterioration to the road surface is experienced the District must restore the roadway.
[970-748-4413] [mpielsticker@avon.org]
REVIEW CRITERIA:
The Town Council shall approve an application for a 1041 permit for s Major extension of existing domestic
water and sewage treatment system only if the proposed construction is in conformance with the regulations
of Avon Development Code Section 7.40. The following guidelines and requirements must be met
(a) All of the provisions of the 1041 Permit application procedure set forth in Article III of these Regulations
have been complied with;
Staff Response: All of the procedural requirements of Article III have been adhered to and are well
documented in the Application. Pre-application meetings were conducted, and all other steps in the review
process were conducted. Agency referrals were collected and are made part of this meeting packet as
Attachment C.
ERWSD is authorized to submit the Application and have met all submittal requirements outlined in AMC
7.40.220, Application Submittal Requirements, except where noted. Town Staff waived the traffic impact
report and socio-economic impact report submittal requirements. No increase in traffic impacts, beyond
those experienced during construction, are anticipate d. Staff also determined that a socio-economic study
would not yield any damaging impacts.
(b) Demographic trends demonstrate a need for the SWWP in order to timely serve existing and future
residents and businesses within the Town;
Staff Response: In addition to the water quality improvements dictated by CDPHE, the District has
demonstrated a clear demand for the expansion of wastewater treatment capacity based upon growth
projections and demand modeling. Predicted flows through at least the year 2037 will be accommodated
by this construction project.
(c) Desirable local and regional community land use patterns will not be disrupted due to the location of the
proposed construction, expansion, or modification of the SWWP;
Staff Response: The AWWTF has been located in its current location since before the Town was
incorporated. Expansion of the facility will not disrupt the local or regional community. The surrounding
land use patterns are well established with Nottingham Park uses, residential, and the Eagle River frontage,
including the Eagle Valley Regional Trail.
(d) The construction, expansion or modification of all dams or other impoundment structures required by the
SWWP, if any, will comply with engineering requirements specified by the Colorado Water Conservation
Board and the Office of the State Engineer.
Staff Response: Not Applicable.
(e) The proposed SWWP is not subject to significant risk from earthquakes, floods, fires, subsidence,
expansive soils, avalanches, landslides, or other natural hazards.
Staff Response: The site and improvements are not subject to any present or anticipated natural risk
hazards. Soils investigation studies will confirm the design suitability of the new proposed structures.
[970-748-4413] [mpielsticker@avon.org]
(f) The proposed SWWP will not present an unreasonable risk of exposure to toxic or hazardous substances
within the impact area.
Staff Response: No exposure risks are anticipated. There is a chemical list, with spill prevention control
and emergency response plan included within the Application.
(g) The proposed SWWP will not significantly deteriorate floodplains, wetlands or riparian areas in the impact
area.
Staff Response: Not Applicable.
(h) The proposed SWWP will not significantly degrade existing visual quality, noise and vibration levels, or
odor levels in the impact area.
Staff Response: Noise and other intermittent disturbance related to construction activities will undoubtedly
be experienced. A temporary sound wall will be installed along the western property boundary with LIftview
Condominiums. Staff recommends strict adherence to the standard construction hours of 7am-7pm
Monday through Saturday, and 8am-6pm on Sundays and holidays.
Ongoing impacts such as odor and noise were studied in detail, as demonstrated in Attachments P and Q
of the Application. The results of the studies will be presented to the Town Council and experts will be
available to answer any questions related to odor detection and sound mitigation.
The visual impacts of the physical improvements have been studied and photographic representations of
the “as built” condition are presented from different perspectives. The industrial nature of the facility is
undeniable, and the functional, simple forms of the new building improvements will be tied into the existing
facility by painting the entire facility in a new subdued color palette. The Planning and Zoning Commission
focused their review on the physical suitability and impacts associated with the changes to the site. The
Planning and Zoning Commission requested additional study of the building elevations, and final review of
the yet-to-be-completed landscape plan. Those recommended conditions from the Planning and Zoning
Commission are carried forward with my recommendations below.
(i) The proposed SWWP is technically and financially feasible.
Staff Response: The attached Application materials, engineered drawings, and financial structure of the
District provide assurance that the project is technically and financially feasible.
(j) The proposed construction, expansion, or modification of the SWWP will not directly conflict with the
Comprehensive Plan, or other applicable local, regional, and state master plans, including, but not limited to
storm drainage and flood control plans and storm water quality plans and programs;
Staff Response: The expansion and modifications to the AWWTF will not directly conflict with the
Comprehensive Plan or other governing documents. This project is a cornerstone of ERWSD’s
Wastewater 2017 Facilities Master Plan Update and is required to meet State of Colorado water quality
standards.
[970-748-4413] [mpielsticker@avon.org]
The District operates under an existing Colorado Department of Public Health and Environment (CDPHE)
stormwater discharge permit, which will be amended to include new facilities that are part of this permit.
During construction, another stormwater permit will be required by the State to ensure the effect iveness of
water quality and control measures.
The Application documents conformance with the 2013 Eagle River Watershed Plan and 2012 Northwest
Colorado Council of Governments (NWCCOG) 208 Plan. Both of these regional plans strive for best
practices related to clean water and improvement in aquatic environments.
(k) The SWWP promotes the efficient use of water.
Staff Response: Not applicable.
(l) The existing wastewater treatment facilities or water treatment facilities within the Town of Avon and which
serve the service area must be at or near operational capacity, or will be within five (5) years from the date
construction of the SWWP is initiated, based on then current demographic trends.
Staff Response: The Application explains how these particular treatment upgrades were developed with a
master facilities planning effort. While the facility is not near capacity, the growth projections and water
quality improvements are the driving force behind this application and associated work.
(m) The proposed construction, expansion, or modificati on of the SWWP will not increase water pollution
levels in violation of applicable federal, state, and local water quality control standards and will result in no
net loss of wetland values and functions;
Staff Response: Water quality returning to the Eagle River will be improved as a result of the project, in
compliance with state standards. Noted in the Application are measurable decreases in nitrogen and
phosphorus concentrations.
(n) The applicant has the technical and financial ability to develop and operate the proposed project in a
manner that is consistent with the permit conditions and the public health, safety and welfare.
Staff Response: The attached Application, engineered drawings, and financial structure of the District
provide assurance that the project is technically and financially feasible.
(o) The nature and scope of the SWWP will not compete with existing water or wastewater treatment services
or create duplicative services within the Town boundaries.
Staff Response: No competition with other treatment services will be experienced.
RECOMMENDATION: I recommend approval of the permit for construction activities detailed in the
application. The following Findings and Conditions are recommended for inclusion in Town Council’s action:
Findings –
1. The development application is complete;
[970-748-4413] [mpielsticker@avon.org]
2. The development application provides sufficient information to determine that the development
application complies with the relevant review criteria;
3. The development application complies with the goals and policies of the Avon Comprehensive Plan
including:
a. Goal G.1, Protect Avon’s unique natural setting and its open spaces.
b. Policy G.1.2, Maintain the Eagle River as a valued resource in accordance with the most
recent Eagle River Watershed Plan.
c. Policy G.1.4, Minimize and mitigate potential development impacts to wildlife and
watersheds.
d. Policy I.1.2, Develop community services and facilities based on demand.
e. Goal J.1, Collaborate with other agencies to implement this plan and to ensure Avon’s needs
and goals are being met.
a. J.1.1, Collaborate with county, regional, state, and federal agencies and adjacent
municipalities on cooperative planning efforts and regional issues.
b. Policy J.1.3, Refer applicable development submittals to regional agencies and adjacent
municipalities to coordinate on regional issues.;
4. The demand for public services or infrastructure exceeding current capacity is mitigated by the
development application; and
5. The Guidelines and Requirements of Avon Development Code Section 7.40, 1041 Regulations, have
been adhered to as documented in the Application and Staff’s February 20, 2020 report.
Conditions –
1. Construction activities that produce audible noise shall be limited to the hours of 7am to 7pm Monday
through Saturday, and 8am to 6pm on Sundays and Holidays;
2. Physical condition of Millie’s Lane will be documented prior to construction. If significant deterioration
of the road surface from construction related activities is observed, the District must restore the
roadway to pre-existing condition or better prior to the permit being closed;
3. A Minor Subdivision Application is required to modify lot lines prior to building permit issuance.
4. Screening alternatives, color schemes, and architectural elements will be brought before PZC to
alleviate south and west elevations prior to completion of the project;
5. A new landscape plan must be approved by PZC and installed prior to completion of the project. The
former Hahnewald Barn area shall be planted with appropriate riverine trees to replace, at a 1:1 value
or better, any trees removed and not replanted on the adjacent property (Lot 9 Block 3 Benchmark
at Beaver Creek) and to properly screen the Eagle Valley Trail;
6. The fence design will be presented to Planning Staff for approval before its construction;
7. All lighting on the property shall comply with Avon’s Dark Sky Ordinance before a final Certificate of
Occupancy will be issued; and
8. On or before March 1, 2021, and each year thereafter for the life of the permit, ERWSD shall submit
a written report to the Town Council, via the Director, detailing all past activities conducted by the
applicant pursuant to the Permit, including a satisfactory showing that the Permittee is in compliance
with all conditions of the Permit and applicable regulations.
OPTIONS: The Town Council is afforded the following options:
• Action by motion and vote to approve the 1041 permit, as recommended by Staff.
[970-748-4413] [mpielsticker@avon.org]
•Action by motion and vote to approve the 1041 permit, with modifications to findings and
conditions.
•Action by motion and vote for continuance, for a period not to exceed sixty (60) days.
•Action by motion and vote to deny the 1041 permit.
PROPOSED MOTION: “I move to approve the 1041 permit for ERWSD with the findings and conditions as
listed in Staff’s February 20, 2020 Staff report.”
Thank you,
Matt Pielsticker
ATTACHMENTS: A - Application Narrative, Dated December 13, 2019
B - AWWTF 1041 Permit Application Hyperlinks to Application Attachments
C - Referral: Form, Comments, ERWSD Response
D - PZC February 4, 2020 Record of Decision – Signed February 18, 2020
Avon Wastewater Treatment Facility
Application for a Town of Avon
Permit to Conduct a Designated Activity of State and
Local Interest
December 13, 2019
Submitted by: Prepared by:
Attachment A
Attachment A
i
SECTION I: Introduction and Overview ....................................................................... 7
Background ............................................................................................................................. 7
Avon Treatment Facility Modifications ..................................................................................... 8
SECTION II: Avon Development Code 7.40.220: Application Submittal Requirements
12
a) Information regarding the applicant ............................................................................ 12
b) Information regarding the proposed Project ............................................................... 14
c) A report completed by a qualified environmental engineer summarizing the
environmental impacts of the project on air quality, threatened or endangered species, visual
quality, noise and vibrations and odors, within the area to be impacted by the project. ........ 30
d) A report completed by a qualified traffic engineer summarizing the impact of the
proposed project on the Town's existing and planned transportation network. ..................... 31
e) A description of the existing levels, demand for, adequacy and the operational and
maintenance costs of public services and facilities affected by the project, including services
and facilities of the Town and other affected local governments, including but not limited to
Eagle County, school districts and special districts. .............................................................. 32
f) A report summarizing the socio-economic impacts of the proposed project. ............. 32
g) A report summarizing the anticipated impact of the project on existing land uses within
the Town and other existing property rights. ......................................................................... 34
h) A report summarizing all mitigation that is proposed to avoid, minimize, rectify,
compensate for or eliminate adverse impacts and to maximize positive impacts resulting
from the proposed project for each impact category to be affected by the proposed project. 40
SECTION III: Avon Development Code 7.40.640 Submission Requirements applicable to
the Avon WWTF 1041 .................................................................................................... 54
a) The need for the proposed construction, expansion or modification of the SWWP; ... 54
b) The planned level of service in relationship to projected user demand, both regionally
and within the Town; .............................................................................................................. 55
c) The approximate number of residential, commercial or industrial users of the
proposed SWWP in terms of existing Town residents and non-Town residents; .................. 56
d) Locations of and engineering drawings for wells, diversion structures, reservoirs,
storage structures or other structures or facilities required for the SWWP; ........................... 57
e) A description of the proposed capacity of the SWWP, treatment methods and
technologies, proposed budget and service area of the SWWP; .......................................... 57
f) A map of the service area of the SWWP; ................................................................... 57
g) A list of end users and types of land use development to be served by the proposed
SWWP; .................................................................................................................................. 58
Attachment A
ii
h) A description of proposed methods of ensuring efficient use of water resources,
metering of all uses, examination of rate structures to discourage waste and recycling of
water for reuse where permissible under Colorado water law; .............................................. 58
i) A study or report evidencing that the proposed SWWP will supply water of a quality
which meets current standards of the Colorado Department of Public Health and
Environment; ......................................................................................................................... 59
j) Any documents describing the engineering, architecture or design of any
impoundment structures associated with the SWWP, whether surface or subsurface, and any
appurtenant facilities, including any submittals by the applicant to the office of the State
Engineer; ............................................................................................................................... 59
k) If applicable, the applicant will attach a copy of the completed or proposed site
application form required by the Colorado Water Quality Control Commission; ................... 60
l) Any health and safety hazards, including exposure to hazardous materials, which may
result from the siting of the proposed construction, expansion or modification of the SWWP;
60
m) How the proposed construction, expansion or modification of the SWWP and its
impacts will conform to the Comprehensive Plan goals, objectives and policies; ................. 60
n) How the proposed construction, expansion or modification of the SWWP and its
impacts will conform to any applicable regional and state plans, goals, objectives and
policies; .................................................................................................................................. 62
o) The increased demand that the SWWP will place on the following public services,
both regionally and within the Town: employment, schools, commercial services, health
services, police and fire protection, solid waste disposal, storm water collection and release
systems, power, communications, other public and quasi-public utilities and other planned
public services; ...................................................................................................................... 63
p) The costs and benefits to the region and to the Town resulting from the land use
commitment necessitated or facilitated by the proposed construction, expansion or
modification of the SWWP compared to alternative projected land uses in terms of land
suitability, community services, utilities and revenues; ......................................................... 64
q) Local and regional impacts of the proposed construction, expansion or modification of
the SWWP on water quality and water resources, including effects on floodplains and
wetland values and functions; ............................................................................................... 64
r) Impacts of the proposed construction, expansion or modification of the SWWP on
sensitive, endangered or threatened species and scenic, parks, recreational or other natural
resources; .............................................................................................................................. 65
s) Impacts of the proposed construction, expansion or modification of the SWWP on the
character of adjacent or nearby neighborhoods or development; and .................................. 65
t) Evidence that the applicant has provided written notice via certified mail to all property
owners within or adjacent to the impact area that the applicant or other entity involved in the
construction, modification or expansion of the SWWP anticipates may have a real property
interest acquired by the applicant or other such entity through arms' length negotiation or
through the exercise of the power of eminent domain. .......................................................... 66
Attachment A
iii
SECTION IV: Avon Development Code 7.40.660 - Approval of Permit Application.67
a) All of the provisions of the 1041 Permit application procedure set forth in Article III of
these Regulations have been complied with; ........................................................................ 67
b) Demographic trends demonstrate a need for the SWWP in order to timely serve
existing and future residents and businesses within the Town; ............................................. 67
c) Desirable local and regional community land use patterns will not be disrupted due to
the location of the proposed construction, expansion or modification of the SWWP; ........... 67
d) The construction, expansion or modification of all dams or other impoundment
structures required by the SWWP, if any, will comply with engineering requirements specified
by the Colorado Water Conservation Board and the Office of the State Engineer. ............... 67
e) The proposed SWWP is not subject to significant risk from earthquakes, floods, fires,
subsidence, expansive soils, avalanches, landslides or other natural hazards. .................... 68
f) The proposed SWWP will not present an unreasonable risk of exposure to toxic or
hazardous substances within the impact area. ...................................................................... 68
g) The proposed SWWP will not significantly deteriorate floodplains, wetlands or riparian
areas in the impact area. ....................................................................................................... 68
h) The proposed SWWP will not significantly degrade existing visual quality, noise and
vibration levels or odor levels in the impact area. .................................................................. 68
i) The proposed SWWP is technically and financially feasible. ..................................... 68
j) The proposed construction, expansion or modification of the SWWP will not directly
conflict with the Comprehensive Plan or other applicable local, regional and state master
plans, including but not limited to storm drainage and flood control plans and storm water
quality plans and programs; .................................................................................................. 69
k) The SWWP promotes the efficient use of water. ........................................................ 69
l) The existing wastewater treatment facilities or water treatment facilities within the
Town and which serve the service area must be at or near operational capacity or will be
within five (5) years from the date construction of the SWWP is initiated, based on then-
current demographic trends. .................................................................................................. 69
m) The proposed construction, expansion or modification of the SWWP will not increase
water pollution levels in violation of applicable federal, state and local water quality control
standards and will result in no net loss of wetland values and functions; .............................. 69
n) The applicant has the technical and financial ability to develop and operate the
proposed project in a manner that is consistent with the permit conditions and the public
health, safety and welfare. ..................................................................................................... 70
o) The nature and scope of the SWWP will not compete with existing water or
wastewater treatment services or create duplicative services within the Town boundaries. . 70
SECTION V: Avon Development Code 7.16.150 – Location, Character and Extent 71
(1) Evidence of substantial compliance with the purpose of this Development Code; ..... 71
(2) Consistency with the Avon Comprehensive Plan; ...................................................... 73
(3) Physical suitability of the land for the public way, place, structure, facility or utility; .. 74
Attachment A
iv
(4) Compatibility with surrounding land uses; and ........................................................... 74
(5) Adequate mitigation of adverse impact on nearby properties or neighborhoods, including
but not limited to traffic, noise, odors, vibrations and property values. .................................. 74
List of Figures
Figure 1. Project location map .................................................................................................... 8
Figure 2. Project overview. ....................................................................................................... 10
Figure 3. Avon WWTF expansion renderings (Eidos Architects). ............................................ 16
Figure 4. Avon WWTF existing liquid and solid stream simplified process flow diagram
(Carollo). ................................................................................................................................... 17
Figure 5. Avon WWTF proposed liquid and solid stream simplified process flow diagram
(Carollo). ................................................................................................................................... 18
Figure 6: ERWSD Annual Debt Service Payments Forecast .................................................... 29
Figure 7: Colorado High Country Water and Sewer Rates ....................................................... 33
Figure 8: 50 Cites Rate Survey ................................................................................................ 34
Figure 9: Land Use/Zoning of Adjacent Properties (TOA Zoning Map) ................................... 39
Figure 10: Adjacent Land Use (Aerial Image) .......................................................................... 39
Figure 11: Past Conditions (Avon ATAD in Operation) – Peak 5 Min Average D/T Contours .. 42
Figure 12: Current Conditions– Peak 5 Min Average D/T Contours ......................................... 43
Figure 13: Typical carbon scrubber system .............................................................................. 44
Figure 14: Strobic Fan ............................................................................................................... 44
Figure 15: Conditions After Project Completion– Peak 5 Min Average D/T Contours .............. 45
Figure 17: Daytime Town of Avon Ambient Traffic Noise. Sources: I-70 and Highway 6. ........ 47
Figure 18: Nighttime Town of Avon Ambient Traffic Noise. Sources: I-70 and Highway 6. ...... 47
Figure 19: High Velocity Fan Noise Profile ............................................................................... 48
Figure 20: Carbon Scrubber Fan (with Enclosures) Noise Profile. ........................................... 49
Figure 21: Current Avon WWTF from Beaver Creek Landing. .................................................. 50
Figure 22: Proposed Avon WWTF from Beaver Creek Landing. .............................................. 51
Figure 23 Current Avon WWTF from Nottingham Lake. ........................................................... 51
Figure 24: Proposed Avon WWTF from Nottingham Lake ....................................................... 52
Figure 25. District current and projected SingleFamily Equivalents (SFE) by subdivision (from
2017 MPU). ............................................................................................................................... 55
Figure 26: Map of the Avon WWTF service area ..................................................................... 58
Attachment A
v
List of Attachments
Attachment A: Application Forms and Title Commitment
Attachment B: Certified Property Owners Affidavit and List
Attachment C: Survey and Project Design Plans
Attachment D: Memorandum of Understanding with CDPHE and Addendum
Attachment E: Copies of Federal, State and Local permits
Attachment F: Environmental Impact Report
Attachment G: Geotechnical Report
Attachment H: 2017 Wastewater Facilities Master Plan Update,
Attachment I: Avon WWTF Nutrient Upgrades Project Engineering Report
Attachment J: Wastewater Service Boundary Map
Attachment K: Project Critical Path Method Construction Schedule
Attachment L: Construction Cost Estimate and Project Budget
Attachment M: ERWSD Cash Flow Forecast
Attachment N: ERWSD Service Plan
Attachment O: Avon WWTF Spill Prevention Control and Countermeasures (SPCC) Plan
Attachment P: Avon WWTF Odor Control Summary Report
Attachment Q: Noise Modeling Report
Attachment R: Water Quality Control Division Regulation 85
Attachment A
Avon WWTF Upgrades: Application Contacts
Applicant
Linn Brooks, General Manager
Eagle River Water & Sanitation District (District)
846 Forest Road
Vail, Colorado 81657
(p) 970.477.5444
I lbrooks@erwsd.org
Project Team Contacts
Becky Luna, PE, Senior Project Manager, Associate Vice President
Jeff Berlin, PE, Project Manager, Associate Vice President
Carollo Engineering
390 Interlocken Crescent Suite 800
Broomfield, CO 80021
(p) 303.404.6311
I Bluna@carrollo.com, Jberlin@carrollo.com,
Lori Hansen, AIA, NCARB
Eidos Architects, PC
5400 Greenwood Plaza Blvd.
Greenwood Village, CO 80111
I Lhanson@eidosarch.com
Tambi Katieb, AICP
Daiva Miselis, MS, PWS
Land Planning Collaborative / Watershed Environmental Consultants
P.O. Box 3722, Eagle, CO 81631
(p) 970.401.3861
I tambi@landplanco.com, daiva@landplanco.com
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 7
SECTION I: Introduction and Overview
Background
The Eagle River Water and Sanitation District (District) owns, operates, and
manages an integrated water supply system that serves up to 55,000 residents
and visitors in Eagle County. The District obtains source water from the Eagle
River and Gore Creek. The District also owns and operates wastewater treatment
facilities (WWTFs) in the towns of Vail and Avon and unincorporated Edwards that
discharge to Gore Creek and Eagle River. The WWTFs are interconnected via an
integrated collection system. The upstream facilities can share flows and loads to
the downstream facilities, which allows significant operational flexibility and risk
reduction.
The three WWTFs must comply with discharge permits that regulate effluent
quality. The Colorado Discharge Permit System (CDPS) permits are issued and
enforced by the Water Quality Control Division (WQCD) of the Colorado
Department of Public Health and Environment (CDPHE). In 2012, the Water
Quality Control Commission (WQCC) adopted nutrient regulations known as
Regulation 85 that require the District to alter the treatment processes and
operations of our facilities to reduce the levels of phosphorus and nitrogen
(nutrients) in effluent discharged to Gore Creek and the Eagle River. A copy of
Regulation 85 is included as Attachment R. The nutrient regulations are intended
to benefit the water quality and biological health of the receiving water and will
require significant WWTF capital investment. Improvement to source water quality
will also benefit downstream drinking water facilities.
The District has long supported the initiative for increasing nutrient removal at its
facilities and has been optimizing operations and implementing capital projects
over the last several years to improve instream water quality. Staff has made
outstanding progress in that regard, but significant capital improvements are still
needed to consistently meet future limits and the anticipated growth within the
service area.
In 2017, the District developed a Nutrient Management Plan and updated its
Wastewater Facilities Master Plan, known as the 2017 Master Plan Update (MPU).
This helped the District better understand the capital needs and determine the
most efficient and effective way to meet nutrient regulations at its three wastewater
treatment facilities. The District’s goal was to develop a plan that benefits instream
water quality, while balancing the availability of resources with the financial impact
to ratepayers. To meet this goal, the District implemented an innovative planning
approach that considers how the facilities can best operate as a system, rather
than as individual facilities. As a result, the District leveraged the benefits realized
through integration of the three WWTFs – from process, financial, and regulatory
Attachment A
Avon WWTF 1041 Permit
Application December 6, 2019
Page 8
perspectives – to support decisions about where capital funds can be most cost-
effectively invested to meet future discharge permit requirements.
The result of these planning efforts is a 20-year Capital Improvements Plan (CIP)
with a total $150 million in projects estimated. District and CDPHE staff worked
closely to develop a Memorandum of Understanding (Attachment D) in which the
District received the needed assurances to immediately start the design and
construction of the nutrient upgrade project at Avon, and CDPHE sees meaningful
in-stream nutrient reductions in the near-term.
The first nutrient reduction capital project outlined in the Master Plan is at the Avon
WWTF (AWWTF). AWWTF has the highest hydraulic capacity of the District’s
three WWTFs, so reducing nutrients at the Avon WWTF first creates the greatest
environmental benefit in the near-term.
Figure 1. Project location map
Avon Treatment Facility Modifications
The Avon WWTF was originally constructed in the 1960s and underwent numerous
expansions and improvements over the years, most recently, a major liquid-stream
improvement project in 2013 to upgrade and convert its secondary treatment
processes to a Modified Ludzack-Ettinger (MLE) process that reduces ammonia
(a form of nitrogen) concentrations in the effluent. The facility has an average daily
maximum month flow (ADMMF) permitted capacity of 4.3 million gallons per day
(MGD) and is fully compliant with current regulatory requirements. The Avon facility
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 9
currently removes nitrogen and phosphorus, but such removal must be increased
to consistently meet the more stringent effluent limits required by the new nutrient
regulations.
The proposed project will increase the organic treatment capacity of the facility
from 11,750 pounds of the five-day biological oxygen demand (BOD5) to 13,100
pounds of BOD5. BOD5 quantifies the oxygen demand of the wastewater and
determines the organic loading.
Most of the AWWTF will be modified for this project, either to construct process
improvements to meet the nutrient removal requirements or to address necessary
condition assessment projects (components of the facility that are at the end of
their useful life) recommended in the 2017 MPU. This includes:
• Preliminary treatment
• Primary treatment
• Primary effluent flow equalization
• Secondary treatment:
- Aeration basin modifications to operate in the anaerobic/anoxic/oxic
(A2O) process configuration for biological nitrogen and phosphorus removal
- Construction of a third secondary clarifier
• Chemical feed and storage
• Odor Control
Current facility performance and process modifications are documented at length
in the Carollo January 2019 Engineering Report and site plans (Attachments I and
C, respectively) and other attachments to this application.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 10
Figure 2. Project overview.
The project goals are meeting tighter effluent limits; meeting future growth to a
twenty-year planning horizon; and providing significant flexibility for District-wide
wastewater treatment operations, as well on-site treatment redundancy and risk
reduction. To meet the goals, the design team chose an alternative that maximizes
the remaining unoccupied land within the site boundaries. The chosen alternative
will provide increased safety for the operational team, treatment access for process
control and maintenance, and significant operational flexibility – a necessity for
consistently meeting discharge permit requirements in a resort community where
flows and loads are extremely variable. The selected alternative also leverages the
interconnectedness of the three WWTFs, allowing the Avon facility to accept and
treat increased bypass flows from the Vail WWTF (VWWTF) during peak tourism
seasons. This will reduce the need for treatment expansion at VWWTF to meet a
peak demand observed for a few weeks out of the year (Christmas, New Years
and Fourth of July holidays).
In addition to the technical wastewater treatment design the design team was
mindful of the location of the facility in the heart of the Town of Avon. It is
challenging to operate a wastewater treatment facility in the existing location, with
residences, parks and trails directly adjacent to the site. Extreme care was taken
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 11
to evaluate decisions that may impact neighbors, recreational users, Nottingham
Park and the valley-wide viewshed. Significant planning efforts and studies
evaluated noise, odor, construction and the overall appearance of the facility. The
result of these efforts is a project that meets our community’s needs, returning
cleaner water to the Eagle River, accommodating for future growth, improving odor
treatment controls, improving onsite stormwater treatment, and improving the
overall site appearance.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 12
SECTION II: Avon Development Code 7.40.220: Application Submittal
Requirements
a) Information regarding the applicant
1) The names, addresses, organizational form and business of the applicant,
and if different, the owner of the proposed project.
Eagle River Water & Sanitation District (District)
846 Forest Road
Vail, Colorado 81657
Phone: 970.476.7480
Fax: 970.476.4089
Project Manager: Melissa Marts, P.E., mmarts@erwsd.org
General Manager: Linn Brooks, lbrooks@erwsd.org
Director of Operations: Siri Roman, P.E., sroman@erwsd.org
ERWSD is a Title 32 Colorado Special District formed July 1, 1996, with the
consolidation of the Upper Eagle Valley Consolidated Sanitation District and the Vail
Valley Consolidated Water District. The District’s service area encompasses
approximately 54,000 acres in Eagle County and serves a peak population of
approximately 55,000 customers. An elected Board of Directors oversees the District’s
activities, which are carried out by approximately 114 staff.
The District owns and operates three wastewater treatment facilities (WWTFs): Vail
WWTF, Avon WWTF, and Edwards WWTF. The District provides wastewater collection
and treatment services for the towns of Vail, Minturn, Avon, and other communities
including Arrowhead, Beaver Creek, Bachelor Gulch, Berry Creek, Edwards, Cordillera,
and EagleVail. The District would provide wastewater collection and treatment to Wolcott
should the anticipated development occur. The District also owns, operates, and
maintains the public water system that serves the Town of Vail and is contracted by Upper
Eagle Regional Water Authority (Authority) to operate and maintain the public water
system that serves the metropolitan districts of Arrowhead, Bachelor Gulch, Beaver
Creek, Berry Creek, Cordillera, EagleVail, Edwards, and the Town of Avon. A map of the
current District service area boundaries is included in Attachment J.
2) The names, addresses, and qualifications, including those areas of
expertise and experience with projects directly related or similar to that
proposed in the application.
The District will be responsible for construction and operation of the project. The District
has been providing safe and reliable drinking water and wastewater collection and
treatment services to its constituents since the 1960s. The District employs highly trained
and qualified individuals in all aspects of the water and wastewater industry. Operations
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 13
personnel maintain the highest levels of certification for operators of water and
wastewater treatment plants and water distribution and wastewater collection systems, in
accordance with CDPHE regulations. In addition to water and wastewater operations, the
District employs a qualified staff of project managers in the Engineering department and
a robust team of electrical, instrumentation, and controls experts in the Operational
Technology Services group.
The District’s core project team consists of representatives from the Wastewater and
Engineering departments, including:
Siri Roman, P.E., Director of Operations and Acting Wastewater Manager
Tim Drescher, AWWTF Supervisor and Class A certified operator
Melissa Marts, P.E., Project Manager
Jeffrey Schneider, P.E., Engineering Supervisor
The core project team has over 50 years of combined experience within Eagle County in
design, construction, and operation of public infrastructure projects, specializing in water
and wastewater. These team members are dedicated stewards of public funds and
members of the community.
The District retained industry leaders, Carollo Engineers and Moltz Construction, to
design and construct the project, respectively. As authorized by the Board of Directors,
the District is utilizing a Construction Manager at Risk (CMAR) project delivery method,
which began with a qualifications-based selection process. Moltz Construction was
engaged in the project prior to the 30 percent design level to gain familiarity with the
design, provide constructability input, provide value engineering ideas, and input on
schedule and sequencing. A collaborative, trust-based project team has been formed
between the Owner, Engineer, and Contractor during the pre-construction phase that will
carry into the construction phase.
Carollo Engineers Contacts:
Becky Luna, PE, Senior Project Manager, Vice President
Jeff Berlin, PE, Project Manager, Associate Vice President
Carollo Engineers
390 Interlocken Crescent Suite 800
Broomfield, CO 80021
(p) 303.404.6311
(e) BLuna@carrollo.com, JBerlin@carrollo.com
Carollo is the largest firm in the United States dedicated solely to water-related
engineering. Carollo was established in 1933 and is home to some of the best talent in
the water industry, providing innovative solutions, client service, and a collaborative work
environment. Carollo’s operates under the motto that water is ‘our focus, our business,
and our passion.’ Carollo completed the District’s 2017 Wastewater Master Plan Update
and was a logical choice to design the first major capital project resulting from that Plan.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 14
Moltz Construction Contacts:
Cole Phillips, Senior Project Manager
Moltz Construction, Inc.
8807 County Road 175
P.O. Box 729
Salida, CO 81201
(p) 719-539-7319
(e) cole@moltzconstruction.com
Many owners and engineers consider Moltz Construction one of the top water and
wastewater construction firms in Colorado. Moltz has over 30 years of experience
constructing high-quality facilities in high altitude locations. Moltz assembled a project
team with an impressive background in constructing similar facilities in similar mountain
environments. The project team added considerable value during the pre-construction
phase, providing excellent value-engineering ideas, accurate scheduling and cost
certainty. Moltz maintains an average of 180 skilled employees and has relationships with
many leading subcontractors for certain portions of the project. Moltz was selected from
a talented pool of five national general contractors who submitted statements of
qualifications for the project.
3) Authorization of the application package by the project owner, if different
than the applicant.
The Eagle River Water and Sanitation District is the applicant and the project owner,
therefore, no additional authorization of the application package is necessary.
b) Information regarding the proposed Project
The proposed AWWTF Nutrient Upgrades Project will expand the facility’s treatment
processes to meet upcoming nutrient removal requirements and will address condition
assessment projects recommended in the 2017 MPU. It is the largest capital project
undertaken by the District to date.
The scope of work includes:
General:
Site grading, yard piping, retaining wall, roadway, fencing, security gate, exterior
painting of all existing facilities, vehicle fueling tank removal and replacement,
restoration and landscaping.
Preliminary Treatment
Replace existing mechanical bar screens due to end of life and layout issues
Installation of sluice way and washer compactors for screenings conveyance and
dewatering
Grit washer replacement and dumpster discharge
Replacement of channel covers and stop plates as needed
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 15
Aerated grit chamber internal components and concrete rehabilitation
Primary Treatment
New primary sludge and scum collection and conveyance
Concrete rehabilitation as needed
Primary effluent channel and bypass system replacement
Equalization
Concrete rehabilitation
Recirculation system for tank mixing
Safety-related egress improvements from the adjoining pipe gallery
Secondary treatment:
Aeration basin modifications to operate in the anaerobic/anoxic/oxic (A2O)
process configuration for biological nitrogen and phosphorus removal. Includes
aeration basin volume expansion, process piping construction/reconfiguration,
and mixing equipment.
Construction of a superstructure atop existing buried aeration basins
Construction of a third secondary clarifier and splitter box
Aeration system replacement, including new blowers and air piping
IMLR (internal mixed liquor recycling) pump station replacement
Chemical feed and storage
New carbon feed system for nutrient removal
Rehabilitation of Ferric Chloride feed and storage
Odor Control
New Carbon adsorption system for preliminary and primary treatment system
High Velocity plume fans for aeration basin area
Electrical, Controls, and HVAC improvements to support the improvements
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 16
Figure 3. Avon WWTF expansion renderings (Eidos Architects).
1) Detailed plans and specifications of the proposed project and a summary of
alternatives
Detailed Plans and Specifications
At this time of this application, Carollo, with input from the District and Moltz, has
advanced plans and specifications to a 90% level of completeness. After final reviews
and quality checks, the Issue for Construction set will be submitted to the Town of Avon
building department for review. The 90% plans and specifications are included in
Attachment C of this application.
Summary of Alternatives
The proposed Project was selected from a range of alternatives studied by the District in
2017. The alternatives evaluation reviewed capacity limitations, future effluent limits, and
treatment goals for each of the three wastewater facilities operated by the District. The
alternatives evaluation also assessed the use of bypass flows from VWWTF to AWWTF,
shared solids treatment at EWWTF, and CDPHE water quality requirements optimizing
treatment between all three wastewater facilities.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 17
Figure 4. Avon WWTF existing liquid and solid stream simplified process flow diagram
(Carollo).
The following process alternatives were evaluated for the Avon WWTF in the 2017 MPU:
1. Conventional expansion of the secondary MLE treatment process with aeration
basins and secondary clarifiers; chemical addition for phosphorous removal.
2. Conversion and expansion of the existing MLE process into an A20
(anerobic/anoxic/oxic) process to integrate bio-P (biological phosphorus) removal.
3. Conversion of the existing MLE process into an A20 process to integrate bio-P
removal while limiting the secondary treatment plant expansion needs by providing
a chemical phosphorous removal backup.
4. Expansion of the secondary treatment process and conversion to an A2O process
with aeration basins and a secondary clarifier; additional basin volume such that
the AWWTF meets Regulation 85 nutrient limits while accepting influent bypass
flows from the VWWTF. Future regulatory compliance may include installation of
integrated fixed-film activated sludge (IFAS) media into a portion of the aeration
basins and conversion of the process into a 5-stage Bardenpho to integrate bio-P
removal while limiting additional expansion needs. Chemical addition is included
for backup chemical phosphorous removal.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 18
Figure 5. Avon WWTF proposed liquid and solid stream simplified process flow diagram
(Carollo).
Alternative 4 was recommended by the project engineer and selected by the District. This
alternative includes a phased expansion approach that leverages the AWWTF site for
expansion while giving operational staff additional treatment capacity and flexibility to
operate differently in the long-term. This alternative allows the facility to accept increased
bypass flows from the VWWTF. The VWWTF experiences significant flow and load
increases during the peak tourism seasons (Christmas, New Years, and July 4th holidays);
bypassing these peaks during these times and treating the wastewater at the AWWTF for
a few weeks a year reduces the need for a significant expansion at the VWWTF, which
has a much more confined site.
The 2019 Avon WWTF Engineering Report (Attachment I), evaluates two main process
alternatives with several sub-alternatives. Evaluation was based on the following criteria:
- Compatibility with existing treatment processes;
- Compatibility with existing site constraints;
- Compatibility with seasonal variations in flows and loads due to the touristic
nature of the service area;
- Compatibility of meeting discharge limits;
- Compatibility with future treatment processes to meet future discharge limits; and,
- Capital and operation and maintenance costs.
After evaluation of the criteria, the anaerobic/anoxic/oxic (A2O) process alternative was
selected for AWWTF nutrient upgrade project. The A2O process alternative provides the
greatest flexibility for maximizing limited space and carbon input needed to accomplish
nitrogen and phosphorus removal. The process will maintain flexibility in the treatment
configuration to respond to seasonal operation demands. Effluent limits for total
phosphorus (TP) and total inorganic nitrogen (TIN) under Regulation 85 can be met by
implementing the proposed A2O process configuration at the AWWTF (Carollo, 2019).
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 19
The process bypass results in up to 0.9 million gallons per day (mgd) to the AWWTF
during the winter, peak treatment conditions. Facility operations under the proposed
configuration will have the flexibility to respond to times of critical flow. Bypass during the
spring peak flow conditions may not be necessary and will be determined by operating
conditions at the facilities. The project engineer evaluated impacts to water quality and
quantity of the selected alternative, and findings are summarized in the engineering
report.
2) Schedules for designing, permitting, constructing and operating the project,
including the estimated life of the project
The Project schedule for design, permitting and construction of the Avon WWTF
Nutrient upgrades is as follows:
2019:
Site Application Submittal to CHPHE (Completed)
TOA Permit Submittal
Design Completion (December)
2020:
TOA Building permit submittal
Start Construction (anticipated for March)
2020 – 2023:
Phased Construction at Avon
2023:
Upgraded facility fully operational
Estimated Construction Duration: Estimated 32 – 36 months. A detailed draft
construction schedule is included in Attachment K.
Estimated Life of Project: The proposed project will upgrade the facility to treat
predicted flows and loads through 2037 (18 years) with many elements of the project
(e.g., basins, piping, etc.) lasting well beyond 30 years.
Following Avon WWTF upgrades, the MOU includes the following regional nutrient
upgrade projects:
2024 – 2028: Edwards WWTF
2029 – 2033: Vail WWTF
The exact scope and timing of future nutrient projects are subject to change pending the
completion of the proposed project.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 20
3) A list of all other federal, state and local permits and approvals that will be
required for the proposed project, together with any proposal for
coordinating these approvals with the Town review process.
The District has been coordinating with CDPHE, the Northwest Colorado Council of
Governments, Eagle County, and the Town of Avon to ensure all proper permits and
approvals are obtained for this project.
The following state and local approvals are required by the proposed Project and will be
obtained prior to construction:
Federal permits and approvals: None required.
State permits and approvals:
CDPHE Re-rating approval for increase in organic loading to the WWTF (part
of Site Application)
CDPHE Site Application review approval for WWTF (received July 1, 2019)
CDPHE PDR approval for WWTF (approval anticipated in December 2019)
CDPHE Streamlined Self-certification Approval for WWTF
CDPHE final plans review/construction approval for WWTF
Local permits and approvals:
Town of Avon 1041 Permit
Town of Avon Location, Character, and Extent (Companion to 1041)
Town of Avon Building Permits
Copies of permits and approvals obtained to date are provided in Attachment E.
ERWSD proposes review of Construction Plans for a Building Permit concurrently with
the 1041 permit application process. The District has been collaborating with TOA
Planning, Building, and Engineering staff during design development. Specifically, the
Town Building Official was instrumental in defining egress requirements, chemical
storage design, required inspections and documentation, and performing cursory
drawing review. In fact, a tour of the existing facility was held to help build collaboration
and gain project familiarity. No building permit shall be issued prior to 1041 permit
approval.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 21
4) Copies of all official federal and state consultation correspondence prepared
for the project, a list of all mitigation required by federal, state and local
authorities and copies of any draft or final environmental assessments or
impact statements required for the proposed project.
Relevant official correspondence concerning consultation with state agencies consists of
the following documents:
Regulation 22 Site Application (Increasing or Decreasing the Design
Capacity of an Existing Wastewater Treatment Facility) was submitted to
CDPHE. Approval was received on July 1, 2019.
Process Design Report – Approval anticipated in December 2019.
Copies of relevant correspondence with state and local authorities are included in
Attachment E. The Environmental Impact Report is included as Attachment F. No
mitigation is required by federal, state, and local authorities, but information regarding
mitigation measures is provided in Section II b) 8) of this application.
5) A description of all hazardous, toxic and explosive substances to be used,
stored, transported, disturbed or produced in connection with the proposed
project, including the type and amount of such substances, their location
and the practices and procedures to be implemented to avoid accidental
release and exposure.
No additional hazardous, toxic, and explosive substances are used, stored, transported,
disturbed, or produced in connection with the proposed project. The facility currently
stores the following substances on site:
1. Diesel fuel**
2. Unleaded gasoline*
3. Waste oil*
4. Sodium hypochlorite, 10% solution
5. Ferric Chloride, 38% solution
6. Caustic (Sodium Hydroxide) 50%
7. Soda Ash, dry, 50 lb bags
* denotes substances that are used for fleet maintenance and are not utilized by the
wastewater treatment facility.
** Diesel fuel is utilized for vehicle fueling and for the standby generator utilized by the
WWTF.
The proposed project would eliminate the delivery, storage, and use of 10% Sodium
Hypochlorite solution, since the new odor control technology utilizes granular activated
carbon rather than a chemical scrubber system. The proposed project will have the
following chemicals detailed below, including quantities, and storage location. Following
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 22
the project, the diesel and unleaded fueling tank and dispenser system will be replaced
with updated equipment. All chemicals are stored in accordance with applicable chemical
storage regulations.
Table 1: Summary of Avon WWTF Chemical Storage
Chemical name Usage Description Quantity Location
Diesel Fuel Standby
generator fuel
Fuel located in
leakproof
double wall
tank
1,511
gallons
Standby generator
near preliminary
treatment
Micro C 2000 Carbon
source for
biological
nitrogen and
phosphorous
removal
Glycerin-based
non-hazardous
carbon source
3,027
gallons
Equalization Room
(in existing Sodium
Hypochlorite
storage area)
Ferric Chloride Coagulant aid Metal salt
addition for
biological
phosphorous
removal
3,060
gallons
Dedicated Ferric
Chloride storage
room
Caustic pH
adjustment
post
secondary
clarifier
Sodium
Hydroxide 50%
solution
Approx. 500
gallons
Storage totes in
Equalization Room
Soda Ash alkalinity
addition for
Wastewater
Influent
Dry, Dense
Soda Ash in
50lb bags
1,000
pounds dry
Stored on pallets in
Equalization Room
6) All contracts or agreements that the applicant or owner has entered into
prior to the date of application for the 1041 Permit which relate directly or
indirectly to the proposed project or a summary of agreements which the
applicant or owner expects to enter into in order to complete the project,
including intergovernmental agreements, if applicable.
In anticipation of meeting nutrient regulations at its three WWTFs, the District entered into
an agreement with the WQCD as set forth in the Memorandum of Understanding (MOU)
effective June 29, 2018. An Addendum to the MOU was executed by the District and
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 23
Division dated January 17, 2019 (Addendum). The MOU and Addendum are available in
Attachment D.
The following agreements relative to the Avon WWTF permit renewal are contained in the
MOU and Addendum:
The principal objective of the MOU was to allow the District to develop nutrient
controls at its three WWTFs in the most logical stepwise fashion and establish the
sequence and timing of improvements for that purpose;
The MOU and Addendum provide that improvements and other actions at the Avon
WWTF will be implemented as needed to meet or exceed Regulation 85 limits by
December 31, 2023, and before any nutrient control improvements are required to
be initiated at the Edwards and Vail WWTFs;
Consistent with the MOU, timing of the renewal of the District’s three discharge
permits will be synchronized; and
The Addendum sets forth more specifically the agreed upon nutrient compliance
schedule for each of the District’s WWTF permits and the associated Fact Sheet
language.
ERWSD has entered into contracts with Carollo Engineers for master planning and design
services related to this Project. Due to the complexity of design and construction of this
Project, the District Board of Directors approved delivery of this project with an alternative
delivery method, meaning that the contractor was competitively selected and contracted
with the District to provide design-phase services prior to 30% design. Therefore, the
District is currently operating under a Preconstruction Services contract with Moltz
Construction.
The District will enter into a construction contract, or multiple iterations of a construction
contract, with Moltz Construction, pending successful negotiation of a Guaranteed
Maximum Price (GMP) in approximately March 2020. No other agreements or
intergovernmental agreements are anticipated to complete the project.
7) The need for the proposed project in the Town, particularly in relation to
existing and/or permitted facilities, which perform a function similar or
identical to that of the proposed project.
The District’s Vail, Avon, and Edwards WWTFs are point source dischargers, tightly
regulated under the Clean Water Act (CWA). In accordance with the CWA, the EPA
authorized the State of Colorado to administer the Colorado Discharge Permit System
(CDPS) program to set limits on parameters that can be discharged from point sources
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 24
into Colorado waterbodies. The CDPS permit assigns water quality and antidegradation-
based effluent limitations to ensure that discharges to waters of the State meet or exceed
Colorado water quality standards. The District’s facilities are required to meet effluent
discharge permit limits designed to protect the physical, chemical, and biological integrity
of receiving waters in Gore Creek and the Eagle River.
The AWWTF discharges to Eagle River Segment 9a and operates under a CDPS
discharge permit (No. CO0024431) that became effective in December 2010. Both the
Avon and Edwards WWTFs’ CDPS permits are operating under an Administrative
Extension due to a permit renewal backlog within the Water Quality Control Division
Permits Unit. As of 2019, the Division has been actively working to synchronize renewal
of all three District WWTF discharge permits, with completion of the renewals expected
in 2020.
The WQCD classified the uses for Eagle River Segment 9a as Class 1 Cold Water Aquatic
Life, Recreation E, Domestic Water Supply, and Agriculture. This segment includes the
mainstem of the Eagle River from the confluence with Gore Creek to a point immediately
below the confluence of Squaw Creek. Water quality standards adopted for the segment
to protect the uses are ratified in Regulation No. 33 – Classifications and Numeric
Standards for the Upper Colorado River Basin and North Platte River. Improvements to
the AWWTF were designed to ensure facility compliance with all relevant water quality
and permitting regulations and requirements.
Circumstances unique to Segment 9a include the following:
Hybrid arsenic water + fish temporary modification. In 2013, the Commission
adopted a statewide arsenic (chronic) temporary modification to the water quality
standards for stream segments with dischargers, including Eagle River Segment
9a. The temporary modification, which has an expiration date of December 31,
2021, was established by the Commission to allow for a temporarily less stringent
application of the chronic arsenic standard in control requirements, such as CDPS
effluent limitations, while the Division works to resolve the underlying uncertainty
of the standard.
Site-specific temperature standards. In 2014, at the Upper Colorado River Basin
(Regulation No. 33) Rulemaking Hearing, the Commission adopted chronic site-
specific “transition zone” temperature standards for Eagle River Segment 8 (Gore
Creek from confluence of Black Gore Creek to the Eagle River), Segment 9a
(Eagle River from the confluence of Gore Creek to Squaw Creek), and Segment
9b (Eagle River from the confluence of Squaw Creek to Rube Creek). The Eagle
River site-specific standards were developed to address the natural warming that
occurs when streams transition from higher colder elevations to lower warmer
elevations. The site-specific standards were also developed to fully protect all
species “expected to occur” within the stream segments.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 25
Aquatic Life Use impairment. Segment 9a between Berry Creek and Squaw Creek
is currently identified in Colorado’s Section 303(d) List of Impaired Waters and
Monitoring and Evaluation (M&E) List as provisionally (unidentified cause)
impaired for Aquatic Life Use – macroinvertebrates. However, the Division is
proposing to remove this portion of Segment 9a from the 303(d) list based on a
recent analysis that shows the reach is no longer impaired for Aquatic Life Use.
The Commission will consider the Division’s proposal during the 2019 Regulation
93 Rulemaking Hearing to be held in December 2019.
Clean, healthy streams are vitally important to the District, local governments, citizens,
and the recreation-based economy of the Eagle River basin and Avon in particular. The
District has taken an active role in a wide range of water quality matters within the Eagle
River watershed and has committed significant resources toward water quality monitoring
programs and source water protection. For several decades, the District, the Towns of
Avon and Vail, Eagle County, and other Eagle River communities and watershed
stakeholders, including the Division, have embraced a watershed-based approach to
water quality management. The stakeholders agree that effective management of water
resources requires an integrative, adaptive, and collaborative process.
To facilitate its role in this process, the District worked with the Division to implement a
watershed-based permitting approach for the Vail, Avon, and Edwards WWTFs. In 2010,
watershed-based discharge permits were developed for the first time for the Avon and
Edwards WWTFs. These permits included synchronized permit schedules and multi-
facility modeling to preserve the assimilative capacities of receiving waters. This approach
elevated protection of source waters and provided the District a powerful planning tool to
share and leverage resources in a more efficient, sustainable, and effective way than was
available through previously implemented standard practices.
Another important element of the District’s role in protecting water resources is its
development and implementation of a long-term strategy for handling and treatment of
wastewater at its three WWTFs. Compliance with increasingly stringent regulatory
requirements is becoming even more challenging, and the District continues to
investigate, leverage, and implement integrated WWTF system opportunities to achieve
regulatory compliance. By virtue of operating its three facilities as an integrated system,
the District can serve widely fluctuating populations, including up to 55,000 visitors and
residents to the Vail valley during peak tourist seasons.
Over the last decade, the District has spent considerable resources on studies and master
planning efforts to meet nutrient regulations, including development of a Capital
Improvement Plan with projects estimated at over $150 million. Nutrient regulations are
the underlying basis of a state and federal coordinated regulatory strategy designed to
reduce current and future nutrient pollution in Colorado’s surface waters. Nutrient
Regulations 85 and 31 were adopted by the Commission in March 2012 and require
WWTFs to meet effluent concentration limitations for phosphorus and nitrogen.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 26
The purpose of Regulation 85 – a state-mandated nutrient control regulation – is to
provide a stepwise process for utilities to reduce nutrient discharges to state waters while
they assess additional needs and devise plans to meet future Regulation 31 nutrient water
quality standards. Regulation 85 requires wastewater dischargers with hydraulic
capacities equal to or greater than 2 million gallons per day to meet established numerical
effluent limitations for total phosphorus and total inorganic nitrogen and to monitor surface
waters for nutrients. The Division is revising stream nutrient water quality standards to be
considered for adoption by the Commission in 2027. With backing from the Division, the
District successfully developed a nutrient reduction plan and implementation strategy that
will maximize near and long-term watershed environmental benefits while preserving
fiscal goals and interconnected WWTF operations. Completing improvements to the Avon
WWTF is the first step in this process.
In addition to the future improvements planned for the Avon WWTF, the District completed
the following projects at the Avon and Edwards WWTFs since the 2010 permit renewals:
Chemically Enhanced Primary Clarifier (CEPC) treatment (2013) at the Avon
WWTF. This project effectively reduced BOD5 and total suspended solids (TSS)
loads to the facility’s aeration basins. As a result, the Division approved an
increase in the Avon WWTF’s organic loading capacity from 9400 to 11750 lbs.
BOD5 per day.
Nutrient treatment upgrades to the Avon and Edwards WWTFs. In 2013, the
District upgraded the Avon and Edwards WWTFs’ conventional activated sludge
secondary treatment process to the Modified Ludzack-Ettinger process to reduce
effluent TIN concentrations. The upgrades resulted in significant reductions of TIN
loading from the Avon and Edwards’ WWTFs. Note that the upgrades were a
voluntary and proactive effort by the District and not required for compliance with
the current WWTF discharge permits.
Consolidated treatment of wastewater solids from all three WWTFs at the Edwards
WWTF. Completed in 2016, benefits of this project include reduction of capital
expenditures and operation and maintenance life cycle costs for solids handling;
centralization of nutrient-rich recycle stream management and freeing up
treatment space at the Avon WWTF for future liquid stream improvements.
Decommissioning of Avon Autothermal Thermophilic Aerobic Digestion (ATAD). In
2016, the Avon WWTF decommissioned its ATAD system and began bypassing
primary and secondary solids to the Edwards WWTF via the collection system for
final digestion and processing.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 27
8) A description of the technical and financial feasibility of the proposed
project, including:
(i) The estimated construction costs and period of construction
for each component of the project and the total mitigation
costs for the proposed project and alternatives.
The total estimated construction cost of the project is $50.25 million with a 32-month
project duration, beginning with a mobilization of March 2020. The estimated costs by
area are shown in Table 2. Rather than including an engineers’ opinion of probable costs,
the information provided herein includes a GMP estimate provided by the project General
Contractor Moltz Construction.
Table 2 – Project Cost Estimate by Area (provided by Moltz Construction)
Work Area Total Amount
General Conditions $6,806,062
Allowances $3,352,485
Sitework $2,016,787
Admin and Server (IT) $43,327
Preliminary Treatment $1,354,947
Primary Treatment $701,606
Aeration Basins $14,389,096
Secondary Clarifiers, Mixed Liquor Return,
Return Activated Sludge
$5,203,756
Chemical Additions $286,461
Odor Control $850,674
Warehouse $19,718
Equalization $1,076,364
Electrical, Instrumentation, Controls $6,148,130
Bonds, Insurance, Permits, OH &P $3,428,828
60% Design Contingency $4,567,824
Grand Total $50,246,065
More detail regarding the total project budget is included as Attachment L. Embedded
within the cost estimate are costs for the following project components specific to
mitigating project impacts, including:
Odor control
Noise attenuation
Landscaping/architectural fencing
Painting building exteriors
The main project driver is to improve effluent water quality, which helps to mitigate human
impacts to the Eagle River and improve the biological and aquatic conditions for the entire
Eagle River watershed.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 28
(ii) Revenues and operating expenses for the proposed project and
alternatives.
Operating expenses for the Project will be funded from property taxes and monthly
service fees paid by commercial and residential customers throughout the ERWSD
service area, currently numbering 28,319 Single Family Equivalents (SFEs). The initial
operating expenditures of the project anticipate a nominal increase over current
conditions since no additional personnel are anticipated as part of this project. There will
be additional operating expenditures in the form of additional energy usage, which will be
offset by increased operating revenue due to the District’s rate increase strategy.
This project is designed to accommodate future growth throughout the service area,
mainly in the Town of Avon, EagleVail, the Town of Minturn, and peak season bypass
flows from the VWWTF. Future customer growth results in additional impact fees and
operating revenues, which will provide revenue to construct and operate the proposed
project, respectively. Operating expenditures at AWWTF have declined since the
decommissioning of solids handling in 2016.
Since the District’s wastewater service systems are integrated and comprised of
collection systems and several facilities between East Vail and Cordillera, wastewater
revenues are tracked as a whole and include the entire District service area. The District’s
total revised wastewater revenue for 2019 is projected at $20,589,000, with net operating
expenditures of $15,978,340 resulting in net funds generated from service revenue of
$4,610,660. A cashflow forecast with current and projected revenues and expenditures
is included as Attachment M.
In November 2019, the District’s Board of Directors approved a wastewater base rate
increase of 10%, from $5.19 per thousand gallons (Kgal) to $5.71 (Kgal). No base rate
increase is anticipated for 2021, but another 10% rate increase was modeled for 2022.
Regulatory demands, aging infrastructure at end of life, and historically high construction
cost escalations are affecting not only District customers, but water/wastewater utility
customers throughout the United States.
(iii)The amount of and security for any proposed debt and the
method and estimated cost of debt service.
The District generally funds its capital improvements through the issuance of debt, or
bonds. The project is partially funded by the money remaining from the existing Series
2016 General Obligation (GO) Bond issued in the amount of $23 million. Approximately
$11.7 million in bond proceeds remain that will fund the project. This debt is paid for with
a mill levy of .584 mills and was approved by District voters in May of 2014. Assessed
property values have climbed during this time period. The remainder of the project cost
will be paid by a 30-year Series 2020 Revenue Bond in the amount of $40 million. The
Board of Directors approved the budget containing the 2020 Revenue Bond at its
November 21 board meeting and the Board will approve the bond resolution the first
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 29
quarter 2020. A new debt service fee of $8.38 per SFE per month will be implemented in
January 2021. The remainder of the project costs will be paid from a portion of an
anticipated 30-year $30 million Series 2022 revenue bond with an estimated $6.14 per
SFE per month debt service fee to be implemented in January 2023. Figure 6 shows the
annual debt service payments for the District wastewater fund. This debt service payment
is divided by customers so as additional customers come online, individual debt service
rates stabilize or decrease.
Figure 6: ERWSD Annual Debt Service Payments Forecast
(iv)Details of any contract or agreement for services in
connection with the proposed project.
There are no contracts or agreements for services in connection with the proposed
project beyond the existing District Service Plan, effective since 1995, and included as
Attachment N.
(v) A description of the persons or entities who will pay for or use
the project and/or service produced by the development and
those who will benefit from any and all revenues generated by
it.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 30
Residential and commercial sewer service consumers residing within the District service
areas will benefit, use, and pay for the proposed project. All ratepayers will benefit due to
the increased nutrient removal and associated anticipated source water improvements in
the entire watershed.
(vi) Documentation of financial and technical capabilities of the
applicant/ owner, to demonstrate that the project will be
completed in a reasonable length of time and will comply with
all applicable Town requirements.
The District has the financial and technical capabilities to implement the project in a
reasonable length of time and in compliance with all applicable Town requirements. The
delivery method selected for the project engages a general contractor early in the project,
and Moltz Construction has been providing valuable schedule input and constructability
analysis throughout the design phase.
The project has several constraints due to constructing a major expansion/rehabilitation
within an operating wastewater treatment facility. First, the plant must maintain regulatory
compliance at all times, including during construction. During the summer and winter
seasons, all of the plant’s processes must be online to treat wastewater and meet
discharge permit requirements. Second, the existing aeration basins are to be modified
and expanded. The basins were not designed to be full of water without earth pressure
supporting the concrete walls, so basins must be dewatered while new basin volume is
excavated and constructed to the east. In addition, the existing aeration basin volume is
buried, with dangerous confined space access and a lawn over the concrete double tee
roof. A major component of the project is to add a superstructure to the buried basins, as
the existing roof is compromised and in need of replacement. This will also improve
operator safety and improve access to equipment and instrumentation in the basins
critical to process control and permit compliance.
The existing structure requires the roof to stabilize the walls; therefore, stabilization efforts
must be executed, including removal of one existing double tee section, installation of
temporary bracing, and concrete installation (form, pour, cure). This process will be
extremely time-consuming. In general, the critical path schedule of 32 months is dictated
by construction of new basins and modifications to the existing aeration basins.
c) A report completed by a qualified environmental engineer summarizing
the environmental impacts of the project on air quality, threatened or
endangered species, visual quality, noise and vibrations and odors,
within the area to be impacted by the project.
Please see the Environmental Impact Report, included as Attachment F, summarizing the
environmental impacts on air quality, threatened or endangered species, visual quality,
noise, vibration and odors. Environmental impacts of the project are minimal and the
District is pursuing mitigation of those impacts.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 31
Air quality in the area will improve due to the installation of new HVAC and odor control
systems as part of the project. The odor control strategy for the project will result in the
virtual elimination of off-site odor excursions. Odor excursions were mostly eliminated
with the decommissioning of solids handling at the AWWTF in 2016. The previous solids
digestion process was notorious for creating fugitive odors. The new project will focus on
remaining odors, and the odor control strategy will be split into two processes: primary
and preliminary treatment process odors will be scrubbed using granular activated carbon
(GAC) systems, and aeration basin odors, typically untreated, will be collected and
discharged through high plume high velocity fans, which mimic a large stack height and
discharge the air higher into the atmosphere.
Vibration and noise were also studied as part of this application process, especially due
to the additional HVAC and high velocity fans. A separate noise expert was retained for
the analysis, which demonstrated that noise and vibration generated by the project will
not impact or degrade ambient levels. The background ambient noises for adjacent
properties are Interstate 70 and Highway 6. Noise mitigation is described in more detail
in Section II h) 2) below.
The visual appearance of the facility will slightly change, but the District is committed to
mitigating its visual impacts and in many cases improving visual quality. The architecture
of the new buildings will closely match the existing architecture and color palette of the
inherently industrial property. In addition, buildings not affected by the proposed project
will be painted to achieve a more cohesive appearance.
Along the western fence line, landscaping and architectural fencing will be utilized to
buffer the site from the Liftview Condominiums property. The current fence line is not
located on the property line; but rather to the east. As part of this project; the fence line
will be relocated to the property line. Liftview was engaged in the project since its inception
and is involved in the selection of the fencing material. The nature of the work, including
removal and replacement of precast concrete roofs and installation of precast concrete
wall panels, will require the erection of a tower crane which will be quite visible in the
area. The crane is expected to be on site for approximately 24 months.
Normal temporary impacts can be expected during the duration of the construction project
with efforts to continually mitigate. Odors and air quality will be maintained by monitoring
and mitigation of fugitive dust during construction. Odor control system interruptions will
be minimized with tightly coordinated tie-in and startup specifications. In addition, the
District is intending to utilize temporary noise reduction fencing along the western property
line.
d) A report completed by a qualified traffic engineer summarizing the
impact of the proposed project on the Town's existing and planned
transportation network.
During the Feb. 27, 2019, preapplication meeting, Town of Avon staff waived the
requirement for a formal traffic study report. Upon project completion, there will be no
permanent traffic impacts generated by activities at the AWWTF. No additional staff will
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 32
be added to the project. Truck traffic hauling biosolids from the AWWTF was previously
eliminated with the decommissioning of solids digestion at the AWWTF in 2016.
During the construction phase, there will be a traffic increase in to support construction
activities. This will be mitigated by District trucks and equipment being staged in western
Edwards for the duration of the project. In addition, the impacts to District staff at the
facility will be mitigated by avoiding scheduling large meetings at the AWWTF conference
room, promoting flexible work locations, and other internal measures to reduce vehicle
trips to and from the facility.
The general contractor will schedule deliveries and tightly coordinate activities and
parking to minimize impacts to the Town’s transportation network and confine disruptions
to within the AWWTF fence line. The precast roof requires hauling of very large precast
concrete sections; the contractor has already planned the haul route to avoid the school
area. The District is aware of the heavy pedestrian use associated with nearby residences
and Avon Elementary school and will schedule deliveries to avoid peak times.
e) A description of the existing levels, demand for, adequacy and the
operational and maintenance costs of public services and facilities
affected by the project, including services and facilities of the Town and
other affected local governments, including but not limited to Eagle
County, school districts and special districts.
The Avon WWTF Nutrient Upgrades Project will not place any additional demands on
local government services.
f) A report summarizing the socio-economic impacts of the proposed
project.
There are no socioeconomic impacts, beyond rate increases, of the proposed project as
it is an expansion of an existing wastewater treatment facility. The requirement to submit
a report was waived by Town of Avon staff during pre-application communications. The
rate increases proposed by the project apply to all customers, and the District’s rates are
quite competitive when compared to similar jurisdictions. The rates are based on number
of SFEs and metered usage, so larger homes and commercial users pay higher water
and sewer bills. Figure 7 demonstrates ERWSD (Vail) and UERWA (Eagle Vail to
Cordillera) water and sewer rates compared to other similar communities before the
proposed rate increases take effect.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 33
Figure 7: Colorado High Country Water and Sewer Rates
Water and wastewater rate increases are not limited to Colorado. Water infrastructure
issues permeate national news with major rate increases occurring in cities throughout
the United States. We are experiencing a combination of growth, aging infrastructure,
construction labor shortages, high material prices, and regulatory constraints. Figure 8
below, courtesy of Black and Veatch Engineering, illustrates rate increases in water and
sewer among 50 largest cities in the United States. Increases proposed by the District
were held relatively flat for years and are in line with the water and sewer industry.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 34
Figure 8: 50 Cites Rate Survey
g) A report summarizing the anticipated impact of the project on existing
land uses within the Town and other existing property rights.
i) A description of all property rights, including water rights, surface rights,
mineral rights, rights-of-way and easements, which must be obtained or
will be affected, in order to construct and operate the projects; the
identity of the owners of these rights; and the anticipated methods of
acquiring these rights.
There are no property rights, including water rights, surface rights, mineral rights, or rights
of way or easements that need to be obtained or will be affected by constructing and
operating the project. The District is the fee simple owner of Tract N and Tract O,
Benchmark at Beaver Creek Filing 2, which is zoned for Public/Civic use. The proposed
construction and operation of the project lies within the boundary of the site and within
existing setbacks.
At the conclusion of the project, the District will likely abandon a 25-foot wide Holy Cross
Energy electric easement, as it provided power service to the barn, and that service has
been abandoned.
ii) An assessment of whether the proposed project is consistent with the
Town's land use policies as set forth in the Comprehensive Plan and this
Development Code.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 35
Evidence of substantial compliance with the purposes of the Avon Development Code
(AMC 7.04.030) has been provided, including the following:
(a) Divide the Town into zones, restricting and requiring therein the location,
erection, construction, reconstruction, alteration and use of buildings,
structures and land for trade, industry, residence and other specified uses;
regulate the intensity of the use of lot areas; regulate and determine the area
of open spaces surrounding such buildings; establish building lines and
locations of buildings designed for specified industrial, commercial, residential
and other uses within such areas; establish standards to which buildings or
structures shall conform; establish standards for use of areas adjoining such
buildings or structures;
The proposed project is an expansion of an existing facility and is in conformance with all
setback requirements. The building form strikes a balance between industrial-type usage,
aesthetic improvements, and value for the District’s ratepayers.
(b) Implement the goals and policies of the Avon Comprehensive Plan and other
applicable planning documents of the Town;
A description of the implementation of goals and policies of the Avon Comprehensive
Plan is included below.
(c) Comply with the purposes stated in state and federal regulations which
authorize regulations in this Development Code;
State and federal regulations related to the Clean Water Act and CDPHE Regulation 85
are the main project drivers. The Project is developed and approved by the CDPHE Site
Application process and the facility operates under a CDPHE discharge permit.
(d) Avoid undue traffic congestion and degradation of the level of service provided
by streets and roadways, promote effective and economical mass
transportation and enhance effective, attractive and economical pedestrian
opportunities;
There is no net impact to the transportation network of the Town of Avon after the project
is complete. Truck hauling of digested biosolids in Avon was discontinued in 2016.
(e) Promote adequate light, air, landscaping and open space and avoid undue
concentration or sprawl of population;
The project maintains existing building heights and is constructed to the minimum
footprint required to meet the water quality and treatment goals. Available space for
landscaping is minimal but will be utilized to the extent possible.
(f) Provide a planned and orderly use of land, protection of the environment and
preservation of viability, all to conserve the value of the investments of the
people of the Avon community and encourage a high quality of life and the most
appropriate use of land throughout the municipality;
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 36
The project expands an existing land use without encroaching on adjacent property, and
the project’s main purpose is the reduction of nutrient discharge and commensurate
improvement of water quality in the Eagle River.
(g) Prevent the inefficient use of land; avoid increased demands on public services
and facilities which exceed capacity or degrade the level of service for existing
residents; and promote sufficient, economical and high-quality provision of all
public services and public facilities, including but not limited to water, sewage,
schools, libraries, police, parks, recreation, open space and medical facilities;
The project is designed to support current and future population of the AWWTF service
area, increase the biological treatment capacity and improve water quality in the Eagle
River. The Project’s principal outcome is providing high-quality wastewater treatment
service.
(h) Minimize the risk of damage and injury to people, structures and public
infrastructure created by wildfire, avalanche, unstable slopes, rock fall,
mudslides, flood danger and other natural hazards;
There are no natural hazards associated with the site as it is located outside of the 100-
year floodplain. No geologic hazards exist on the site. A copy of the project geotechnical
report is included as Attachment G.
(i) Achieve or exceed federal clean air standards;
The facility currently meets and exceeds federal clean air standards. A robust odor
management strategy is being implemented during the project to eliminate fugitive odor
excursions from the facility.
(j) Sustain water sources by maintaining the natural watershed, preventing
accelerated erosion, reducing runoff and consequent sedimentation,
eliminating pollutants introduced directly into streams and enhancing public
access to recreational water sources;
The project will benefit the water quality and biological health in the Eagle River due to
increased nutrient removal in the wastewater effluent. The site design avoids wetlands
and minimizes erosion and pollutants. The site operates under an existing CDPHE
stormwater discharge permit which will be amended to include new permanent
stormwater treatment facilities.
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve
areas of historical and archaeological importance, provide for adequate open
spaces, preserve scenic views, provide recreational opportunities, sustain the
tourist-based economy and preserve property values;
The improvement of water quality in the Eagle River has direct benefit on improved
recreation in the Eagle River, supporting the tourism-based economy and preserving
property values.
(l) Promote architectural design which is compatible, functional, practical and
complimentary checking to Avon’s sub-alpine environment;
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The architecture complements and improves the existing physical appearance of the
facility.
(m) Achieve innovation and advancement in design of the built environment to
improve efficiency, reduce energy consumption, reduce emission of pollutants,
reduce consumption of non-renewable natural resources and attain
sustainability;
The project directly reduces emission of pollutants in the gas streams and reduces the
concentrations of nutrients in the wastewater effluent, created by human impacts such as
urine, fecal matter, and detergents. Sustainability is woven throughout the project design,
including larger pipe diameters which require less pump motor horsepower, selection and
utilization of the highest efficiency aeration blowers, and the use heat recovery on the
HVAC system to increase inlet air temperatures and reduce the consumption of natural
gas for heating. Further, the proposed improvements to preliminary treatment result in
better screenings and grit and consequently fewer vehicle trips to the landfill.
(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;
Housing is not directly applicable to this project; however, the District is a leader in Eagle
County in providing attainable affordable housing to its employees. The District recently
completed construction of 21 varied housing units in West Edwards, enabling existing
master leases to be vacated and offered to the public.
(o) Promote quality real estate investments which conserve property values by
disclosing risks, taxes and fees; by incorporating practical and comprehensible
legal arrangements; and by promoting accuracy in investment expectations;
and
This criterion is not applicable to the project.
(p) Promote the health, safety and welfare of the Avon community.
The project promotes the health, safety, and welfare of the Avon community by improving
water quality in the Eagle River.
Improvements at the facility also generally conform to the Town of Avon Comprehensive
Plan (2017), including the following goals and policies:
Policy I.1.2: Develop community services and facilities based on demand.
The design and capacity of the facility is based on current and future demands from
development in Avon and the remainder of the AWWTF service area. The project is
projected to meet all regulatory and capacity considerations immediately upon completion
and for the next 20 years.
Goal J.1: Collaborate with other agencies to implement this plan and to ensure
Avon’s needs and goals are being met.
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The District collaborates with other agencies on important regional water, environmental,
and sustainability efforts. Such agencies include but are not limited to:
Town of Avon
Eagle County
Town of Vail
Northwest Colorado Council of Governments (NWCCOG)
Vail Resorts
Colorado Department of Public Health and Environment (CDPHE)
U.S. EPA
Holy Cross Energy
Policy J.1.1: Collaborate with county, regional, state and federal agencies and
adjacent municipalities on cooperative planning efforts and regional issues.
The District collaborates with county, regional, state, and federal agencies on water
quality, transportation, economic, and housing issues.
Policy G.1.2: Maintain the Eagle River as a valued resource in accordance with
the most recent Eagle River Watershed Plan.
The project is in direct conformance with the Eagle River Watershed Plan. The District
frequently collaborates with the Eagle River Watershed Council and supports its
education and outreach functions and sampling and analysis efforts.
iii) A map and description of existing land uses within the area to be affected
by and adjacent to the proposed project.
A map of adjacent land uses is included as Figures 9 and 10:
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Figure 9: Land Use/Zoning of Adjacent Properties (TOA Zoning Map)
Figure 10: Adjacent Land Use (Aerial Image)
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The facility is located on existing tracts of land zoned as Public Facility. It is surrounded
by high and medium density, park land, Union Pacific Railroad land, and other public
facilities (Town Hall complex, Avon Drinking Water Facility, and Avon Elementary school).
No existing land uses are affected by the proposed project as there is no proposed
change in zoning or land use.
iv) A description of the impacts and net effect of the proposed project on
property rights, including water rights, surface rights, mineral rights,
rights-of-way and easements.
The project will have no net impact on property rights, water rights, surface rights, mineral
rights, or rights-of-way and easements. No changes in any of these property rights are
proposed or anticipated in conjunction with the proposed project. A Holy Cross Energy
electric utility easement will be abandoned since the associated line will be abandoned.
v) Descriptions of the impacts and net effect of the proposed project on
existing and proposed land uses.
The project does not impact and does not affect existing and proposed land uses. The
project is an expansion of an existing WWTF and must be constructed on the subject
property. No changes in land use on the subject property or adjacent properties are
proposed as part of this project.
h) A report summarizing all mitigation that is proposed to avoid, minimize,
rectify, compensate for or eliminate adverse impacts and to maximize
positive impacts resulting from the proposed project for each impact
category to be affected by the proposed project.
(1) A description of the impacts and net effects resulting from the
proposed project, which are irreversible and irretrievable.
The project’s irreversible and irretrievable impacts generally are limited to the construction
of additional wastewater treatment tank volume and expansion of the built form of the site
with a retrofit of the existing aeration basin volume with a superstructure building and
construction of superstructures on new tankage.
The building heights on the site will not increase and the elevation of the new structures
will match existing building elevations and rooflines on the adjacent structures. Rooftop
HVAC and odor control equipment will project above the rooflines as shown in the design
drawings.
There will be a small net increase in impervious area on the site, which will be mitigated
by improved stormwater collection and treatment systems. Finally, the buildings on the
site will be painted to match and to reduce the visual massing appearance and create the
appearance of a more cohesive campus.
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(2) A description of the methodology, including mathematical equations,
to be used to project and measure the effectiveness of mitigation
measures proposed over both the short and long term.
In addition to site coverage of new buildings and paving, the following measures are
identified as requiring mitigation during construction and during facility operation:
Fugitive odors from wastewater treatment processes
Fugitive noise from HVAC and odor control equipment
Visual appearance of the facility
Temporary impacts during construction of the facility
Odor Control
Odor associated with the AWWTF has been a long-standing concern of both the District
and the Town of Avon. In 1995, a solids-handling treatment technology known as first-
generation autothermal thermophilic aerobic digestion (ATAD), was constructed. During
the initial years of operating this new technology, strong odors were produced causing
distress for the Town of Avon as well as District management and operations staff. Since
that time, the District implemented measures to reduce odors from all treatment facilities.
During the 2012 Wastewater Treatment Facilities Master Plan, it was determined the best
operational scheme for the District was to consolidate all solids handling at the Edwards
WWTF. In 2016 all solids were treated at the EWWTF, and in 2017 all solids handling
equipment was decommissioned and removed from the AWWTF site. These
improvements drastically decreased odors generated from treatment processes. No
official odor complaints were linked to AWWTF operations since the decommissioning of
solids handling in 2016. Some odor complaints were investigated and linked to the odor
produced during the natural turnover of Nottingham Lake.
As part of the Nutrient Upgrades Project, the odor control system will be completely
upgraded. Webster Environmental was hired to test and model odor emitted from the
AWWTF and recommend treatment strategies. The goal for the new odor control system
was to replace a less efficient and aging odor control system with a new system that will
further reduce odors and increase redundancy. An Odor Control Summary Report is
included as Attachment P.
Odor is often measured in dilutions to threshold (D/T). D/T values are determined by an
odor panel consisting of trained personnel who are scientifically screened to determine
their smelling acuity to butanol. D/T refers to the number of dilutions of an odorous air
sample are required before half the panel members are still able to detect the presence
of the odor under controlled “clean” conditions. A high D/T indicates a strong odor
requiring many dilutions to render it undetectable.
The model output predicts the highest D/T level, estimated throughout the area of
analysis. The resulting peak D/T levels are shown graphically on odor contour plots.
Essentially, the model predicts the number of dilutions in the atmosphere in the downwind
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D/T, or the detection threshold of the odor. In this study, the peak hourly average D/T
levels and the peak one-minute D/T’s were used to predict receptor D/T odors by applying
a multiplier to account for short exposure to odors. The peak D/T is relevant for odors,
since the odor plume meanders and is very transient. Odor complaints are generally
related to peak odor levels, as opposed to an hourly average odor level. This is a
conservative approach to odor modeling.
An odor detection threshold of seven (7) D/T was selected for several reasons. An odor
with a detection threshold of seven dilutions or less may not be detected because it could
be overwhelmed by other natural odors in the area such as grass, trees, soil and flowers,
or it may not be detectable at all. Seven D/T is considered background odor levels.
Webster modeled the odors emitted from the facility while ATAD was still operational and
under current conditions (Figures 11 and 12, respectively). The modeling shows D/T over
a 5-minute period.
Figure 11: Past Conditions (Avon ATAD in Operation) – Peak 5 Min Average D/T Contours
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Figure 12: Current Conditions– Peak 5 Min Average D/T Contours
From the results of the odor investigations, Webster analyzed multiple different odor
treatment technologies and recommended the proposed strategy at AWWTF. Odor
streams from the facility were separated into two different areas:
Headworks, primary and preliminary treatment (strong odors)
Aeration basins (weak odors, typically not treated)
Because the processes produce two different types and strengths of odors, two different
treatment technologies were selected for this project.
Headworks, primary and preliminary treatment:
Carbon adsorption was selected as the best treatment technology for odors from the
headworks, primary and preliminary treatment processes. Two complete systems, each
with two different types of activated carbon, will be installed on the south side of the
AWWTF site and use an existing duct to pull odors from the processes on the north side
of the facility. Each system will be able to treat 100% of the air flow, providing complete
redundancy of this odor control process. The carbon scrubber system (similar to Figure
13) includes a fan that pulls the foul air from the process areas and pushes it through a
fiberglass vessel containing two different types of activated carbon specially selected for
the odorous compounds found in wastewater.
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Activated carbon has a complex pore structure with a very large surface area. Odorous
compounds are transferred from the air being treated to the surface of the carbon as the
air is moves through the carbon bed. There is a physical attraction between the compound
and the carbon once contact is made which causes a bonding. The compounds will
continue to adsorb onto the surface of the carbon until all the pore space in the carbon is
used up. When that happens, odors will breakthrough and the carbon must be replaced
or regenerated.
Figure 13: Typical carbon scrubber system
Aeration Basins:
In most of Colorado, aeration basins are not covered by a building, but rather are open to
the atmosphere. As such, typically aeration basin odors are not treated. In areas where
wastewater treatment facilities are close to city centers and in other resort destinations,
aeration basins are often covered like those at AWWTF. To treat the weaker odors from
the aeration basins, Webster and Carollo recommended using high velocity Strobic Fans.
The high velocity fans send air up high above the facility and use dispersion and dilution
to treat odors. This model selected for the AWWTF has an effective stack height of 55 ft
(it will send air to the same elevation as a physical stack of the same height). Figure 14
illustrates a similar model to the Strobic Fan designed for this project.
Figure 14: Strobic Fan
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The proposed odor control system was modeled to verify that future odors are minimized,
and the results are illustrated in Figure 15. The highest concentration of odor in the future
model shows 9 D/T, which is very close to the lowest perceptible concertation of 7 D/T.
This odor condition will only occur during rare atmospheric conditions and is expected to
occur less than 12 times per year for 5-minute periods.
Figure 15: Conditions After Project Completion– Peak 5 Min Average D/T Contours
Noise Modeling
During the development of the odor control strategy, noise generation from the selected
equipment was raised as a potential concern by the project team. To ensure the District
meets the goal of minimizing impacts to neighboring properties, THD Productions was
hired to model the noise profiles from the new equipment proposed for the AWWTF
Nutrient Upgrades project. A full noise analysis report is included as Attachment Q.
Noise is measured in decibels (dB). Normally, 0 dB on the decibel scale is set to the
quietest sound a healthy child can hear (Figure 16). Ten times more powerful than 0 dB
is 10 dB. Ten times more powerful than 10 dB is 20dB, or 100 times more powerful than
0dB. 30 dB is 1,000times more powerful than 0 dB.
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Figure 16: Reference decibel scale
The baseline for acceptable sound levels was determined to be below the ambient noise
at the nearest receivers (residents in Liftview and River Edge Apartments). THD
Productions modeled the existing ambient noise in the vicinity of the AWWTF. Then, the
new odor control equipment, including the high velocity fans and carbon system fans,
were modeled. Ambient background conditions during the day and at night can be seen
in Figures 17 and 18, respectively. The ambient noise is slightly quieter during the night.
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Figure 17: Daytime Town of Avon Ambient Traffic Noise. Sources: I-70 and Highway 6.
Figure 18: Nighttime Town of Avon Ambient Traffic Noise. Sources: I-70 and Highway 6.
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THD worked closely with Carollo Engineers and ERWSD to model and help select
equipment that met the odor control requirements that would not cause noticeable sound
to nearby residents and users of Nottingham Park or the recreation path. After careful
selection, the noise data for the high velocity fans (odor control for the aeration basins)
and the carbon scrubber fans (odor control for the headworks and primary treatment)
were modeled.
The high velocity fans on top of the aeration basins were selected specifically because
their noise profile is below the ambient noise of Highway 6 and I-70. Figure 19 shows the
noise pattern of the proposed Strobic high-plume exhaust fan assembly radiating from
the roof of the new aeration building to the north of the AWWTF facility. The valley floor
is between 8 and 20 dB, with the AWWTF buildings shadowing the noise radiation to the
west, south and east. The closest noise receivers are the residents at Liftview
Condominiums, specifically buildings D and E. The sound output of the aeration fans is
below (quieter than) the ambient traffic noise levels.
Figure 19: High Velocity Fan Noise Profile
We now see an almost silent Avon valley floor, as shown in dark gray with only a slight
radiation of sound from the centrifugal fans inside their enclosures at that south side of
the odor control building. This is an excellent example of how modeling can help us see
the effects of changes in overall sound output – well below even the measurable limit of
ambient noise in the environment. All calculated levels in Figure 20 are well below the
quietest modeled ambient noise values for I-70 and Highway 6. Therefore, the centrifugal
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fans with enclosures were specified for this project as they will not significantly degrade
the existing noise levels in the impact area.
Figure 20: Carbon Scrubber Fan (with Enclosures) Noise Profile.
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Visual Impacts
Visual impacts are of great concern to the District. The District worked with Eidos
Architects to repaint each facility to create a cohesive campus that will be a source
of pride for the District and the Town of Avon. Buildings not already powder-coated
will be painted complementary Sherwin Williams Colors including Chatura Gray
(SW 9169), Garret Gray (SW 6705) and the trim will be Chateau Brown (SW 7510).
Figures 21 and 22 show AWWTF from the sidewalk near Beaver Creek Landing.
The most noticeable differences between the existing facility and the future facility
include:
New buildings housing the new aeration basin volumes and secondary
clarifier
Relocated fence line on the left that has been moved to match the property
line
Cohesive paint scheme
Odor control equipment
o Strobic fans on the roof of the new aeration basin
o Carbon scrubber system to the south side of the facility
Figure 21: Current Avon WWTF from Beaver Creek Landing.
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Figure 22: Proposed Avon WWTF from Beaver Creek Landing.
Figures 23 and 24 show the existing and proposed facility from the walking path
around Nottingham Lake. From this angle, the new building over the existing and
new aeration basins are visible. The new HVAC equipment, ductwork, and Strobic
fans can also be seen. All new equipment on the roof will be colored to match the
new paint scheme for the facility. All new exterior lighting will be Dark Sky
compliant full-cutoff fixtures.
Figure 23 Current Avon WWTF from Nottingham Lake.
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Figure 24: Proposed Avon WWTF from Nottingham Lake
Temporary Impacts during Construction
During construction, Moltz will be subject to multiple contractual requirements and
permits related to mitigation of impacts to the public. For example, Moltz will be
required to obtain a CDPHE construction stormwater permit and a dewatering
permit. A stormwater management plan will be submitted by the contractor, and
the Owner and Engineer will monitor and assess the effectiveness of the Best
Management Practices (BMPs) continually throughout the project and require
changes if conditions warrant. Both permits require periodic sampling to ensure
that no sediment leaves the site towards the Eagle River. Further, the AWWTF has
an existing stormwater discharge permit, which requires quarterly sampling,
monitoring, and reporting to the CDPHE. Another potential impact to the public will
be dust. Fugitive dust will be managed by dust suppression activities including the
application of water and/or magnesium chloride. Disturbed stockpiles and areas
will be seeded and hydromulched, and BMPs will remain in place until final
vegetative cover is established.
Deliveries will be tightly coordinated to reduce temporary traffic impacts. In
addition, all work will occur during the days and times explicitly allowed by Avon
Municipal Code. If night work is required, it will be confined to the interior of the
WWTF and will not produce any off-site noises.
There will be a temporary visual impact in form of a large tower crane erected at
the facility. The crane is necessary in order to hoist concrete double-tee roof
members and install new ones, along with precast wall panels. Many large projects
in Vail and Avon have had cranes in recent years and this will be a similar piece of
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equipment. It is anticipated that the crane will be on site for approximately 24
months.
(3) A description and location of any monitoring devices to be used
to measure impacts of the project and effectiveness of
mitigation measures.
The impacts of the project in terms of the additional reduction in nutrient loading to
the Eagle River will be continually measured and reported to the CDPHE as part
of the Discharge Permit reporting requirements. The new AWWTF discharge
permit will have strict limits and the AWWTF is required to comply with all
constituent limits as outlined in the permit. We expect a considerable reduction in
nitrogen and phosphorous discharge to the Eagle River which will benefit in-stream
water quality and biological health.
Odor levels will be monitored on a periodic basis via sampling to determine the
exact lifespan of the GAC media. Media replacement is anticipated approximately
every seven years. The District collects samples and sends them to a laboratory
to measure Reduced Sulfur Compounds (RSCs) typical of wastewater odors as
well as measuring intensity of odors, or D/T.
(4) A description of how and when the proposed mitigation
measures will be implemented and financed.
The proposed mitigation measures are included in the project scope and will be
implemented by the project team during construction, or by the District operations
team after construction. The financing for the mitigation during construction will be
financed with the debt service for the overall project funding as defined in more
detail in Section II b) 8) ii and iii of this application. Mitigation during the operational
phase of the project (after construction) will be financed from customer rates as
approved by the ERWSD Board of Directors on an annual basis and will be
absorbed in annual operating budgets in perpetuity.
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SECTION III: Avon Development Code 7.40.640 Submission
Requirements applicable to the Avon WWTF 1041
In addition to the 1041 Application Submittal requirements under AMC 7.40.220,
additional submittal requirements are applicable to Special Water or Wastewater
Projects (SWWP). The expansion of the Avon WWTF falls under these additional
requirements.
a) The need for the proposed construction, expansion or
modification of the SWWP;
The Avon wastewater facility was originally constructed in 1966 and underwent
numerous improvements over the years, most recently a major liquid-stream
capital improvement in 2013. The existing facility has a permitted hydraulic
capacity of 4.3 million gallons per day (MGD), and the operation is fully compliant
with current regulatory requirements for the removal of BOD5, total suspended
solids (TSS), ammonia (NH4) and disinfection.
The proposed project will increase the organic treatment capacity of the facility to
meet nutrient removal requirements and to address condition assessment
projects, including:
• Preliminary treatment
• Primary treatment
• Primary effluent flow equalization
• Secondary treatment:
- Aeration basin modifications to operate in the anaerobic/anoxic/oxic
(A2O) process configuration for biological nitrogen and phosphorus
removal. Includes aeration basin expansion
- Construction of a third secondary clarifier
• Chemical feed and storage
• Improvements to odor controls, including upgraded high velocity/plume fans and
improved odor controls
The AWWTF conveys solids to EWWTF through a collection system for digestion
and dewatering. The AWWTF accepts influent bypass (intermittent) and waste
activated sludge (WAS, constant) from the VWWTF via the collection system,
which is predominately treated in Avon’s primary sedimentation basins (Carollo,
2017).
This project will allow the Avon facility to accept increased bypass flows from Vail
during seasonal tourism peaks, which leverages the interconnected nature of the
three wastewater treatment facilities. This reduces both the capital costs of a more
difficult and higher cost facility expansion and the risk of a permit violation at the
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VWWTF. Improvements at AWWTF leverage the available area for expansion,
benefit the Eagle River watershed with enhanced treatment controls and give
operations staff additional capacity and flexibility to operate the regional system in
compliance with State nutrient limits. Since the AWWTF is the largest hydraulic
capacity WWTF in the system, the improvements will have the greatest
environmental benefit to the receiving waters of the Eagle River. Planned
improvements are designed to treat flow projections and meet regulatory
compliance goals at the Avon facility through 2037.
b) The planned level of service in relationship to projected user
demand, both regionally and within the Town;
The level of service will increase in the form of improved effluent water quality for
the current and future population. The District developed and maintained growth
projections to properly plan for anticipated levels of service for the region. The
2017 Master Plan Update (MPU) considered a combination of population
projection and growth scenarios to facilitate process capacity analyses and future
permit limits for each of the three WWTFs (Vail, Avon and Edwards).
Figure 25. District current and projected SingleFamily Equivalents (SFE) by subdivision
(from 2017 MPU).
Flow and loading projections were developed for several scenarios, including 10-
day winter peak flows and 10-day spring peak flows and loads associated with
elevated Inflow & Infiltration (I&I) contributions in the collection system (Carollo,
2017). ERWSD and other seasonal resort communities are somewhat unique in
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the wastewater industry in that its seasonal peaks vary dramatically from peak
times to shoulder seasons.
The AWWTF is part of a connected system that includes Edwards and Vail
facilities. This connectivity creates unique opportunities for system-wide operation
allowing upstream plants to pass flow and/or solids downstream when conditions
are advantageous to do so. This best leverages capital expenditures among the
three facilities.
The average daily flow through the entire District wastewater system (split between
the three facilities) is approximately 5.5 MGD, with the maximum peak week flow
of 7.7 MGD and a minimum flow of 3.7 MGD. Historical average single-family
equivalent (SFE) growth since 1997 in District boundaries ranges from 1.14 % to
2.12% annually. Those growth projections were utilized for annual increases in the
Vail and Avon/Edwards systems, respectively. At the projected influent flows and
loads, the capacity of the Vail WWTF will be limited by aeration basin and treatment
performance (Carollo, 2017). The need for flow diversions to AWWTF reduces the
capital costs of a near-term expansion in Vail and lowers risks of a permit violation
at Vail in addition to handling the expected residential and commercial growth in
Avon in the same planning horizon. Water discharged to the Eagle River will be
improved as a result of this upgrade.
The planned expansion creates an appropriate level of service in relationship to
projected demands of Avon and the region. Avon, including the largely unbuilt
Village at Avon PUD, represents the largest increase in anticipated SFEs over the
planning horizon.
c) The approximate number of residential, commercial or industrial
users of the proposed SWWP in terms of existing Town residents
and non-Town residents;
The 2017 MPU detailed actual and projected Single Family Equivalents (SFEs)
based on available data. In 2014, Avon and the Village at Avon represented a
combined 4,039 SFEs out of a total of 25,967 SFEs served by the District.
By 2030, Avon’s SFE contribution to the District was projected to grow to 7,033
SFEs – a potential 57% increase in service demands, shown in Figure 25.
Currently, the District serves a total of 28,319 SFEs, and growth projections are
1.14% and 2.2% annually in the Vail and Avon/Edwards service areas,
respectively. This indicates a 1.7% annual growth rate from the 2014 data to 2019
(present day). Avon contains the largest amount of undeveloped land and future
water/wastewater customers within the ERWSD service area.
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d) Locations of and engineering drawings for wells, diversion
structures, reservoirs, storage structures or other structures or
facilities required for the SWWP;
All proposed improvements will be within the AWWTF site, no satellite structures
will be impacted. Below-grade tanks for wastewater process treatment will be
constructed immediately west of the existing tankage. Locations of existing and
proposed improvements at the AWWTF are included in Attachment C. There are
no proposed wells, diversion structures, or reservoirs as part of the proposed
project.
e) A description of the proposed capacity of the SWWP, treatment
methods and technologies, proposed budget and service area of
the SWWP;
The proposed hydraulic capacity of the plant remains as permitted currently at 4.3
MGD, and treatment methods and technologies were detailed in Section II b) 1)
and Attachment I of this application. The biological treatment capacity of the plant
will be increased from 11,750 lb/day to 13,100 lb/day BOD5.
The project opinion of probable cost and budget has been included in Attachment
L. Project funding will be provided from a variety of sources, including:
- Accumulated Wastewater Tap Fes that make up a part of the District’s
current general fund balance of $47.2 million (as of June 30, 2019).
- Proceeds of Series 2020 Wastewater Revenue Bonds in the amount of
$40 million that result in additional debt service rate of $8.38 per SFE
effective January 1, 2021.
If additional Wastewater Tap Fee revenues are generated, the amount of the
Series 2020 and Series 2022 Revenue Bonds could be reduced. There is currently
no Capital Replacement Program fee in place for the Wastewater District. The
revenue comprising the operational budget of the AWWTF comes from monthly
user service rates.
f) A map of the service area of the SWWP;
A Service Area Boundary Map for the AWWTF is included as Figure 26, and a map
of the entire ERWSD service area is included as Attachment J. The District service
area includes much of the upper Eagle Valley from East Vail to Cordillera. The
service area of the AWWTF generally includes a portion of Vail, the entirety of
Minturn, Beaver Creek, EagleVail, and Avon (excluding Mountain Star and
Wildridge). Since the AWWTF receives waste activated sludge (WAS) from the
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VWWTF and bypass flows from the VWWTF, the VWWTF is considered a part of
the service area based on certain operational configurations
Figure 26: Map of the Avon WWTF service area
g) A list of end users and types of land use development to be served
by the proposed SWWP;
The District provides a total system treatment capacity of 9.95 MGD through three
integrated wastewater facilities located in Vail, Avon and Edwards. The
improvements proposed benefit all end users and land use types within the District
boundaries, from East Vail to Cordillera.
It is important to note that land use decisions are approved by other entities outside
of the District, namely the towns of Vail, Avon, Minturn and Eagle County. The
proposed project is designed to treat all current and future commercial, industrial,
and residential users of the wastewater system.
h) A description of proposed methods of ensuring efficient use of
water resources, metering of all uses, examination of rate
structures to discourage waste and recycling of water for reuse
where permissible under Colorado water law;
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 59
The District’s tiered rate structure already encourages water conservation by
penalizing excessive use and charging higher rates for higher usages. As part of
the proposed revisions to rates, the tiers are changing to further encourage
conservation. Second, the District is in the process of implementing a water
budgeting system and reviewing landscaping plans for new developments as they
are referred by local land use authorities. The District has a dedicated Water
Demand Management coordinator position whose sole responsibility is to
collaborate with land use authorities, developers, and landscaping contractors to
promote responsible landscaping and water usage. The District implemented
Advanced Metering Infrastructure, which engages the customers directly with their
water meters to track excessive usage and monitor irrigation demands. Summer
irrigation is the highest demand on the system and indoor usage, treated by the
wastewater facilities, is largely unaffected by these conservation efforts.
During construction, the proposed Project will utilize non-potable water (internal
process water that is not treated to meet drinking water standards) where possible,
such as leak-testing new basins and for construction water such as dust
suppression and soil compaction. Landscaping will be designed to minimize
irrigation needs.
i) A study or report evidencing that the proposed SWWP will supply
water of a quality which meets current standards of the Colorado
Department of Public Health and Environment;
The proposed Project will increase the organic treatment capacity of the facility
and includes modifications to process areas to meet nutrient removal requirements
and to address condition assessment projects recommended in the 2017 MPU.
The project will supply effluent discharge that meets or exceeds current standards
of the Colorado Department of Public Health and Environment as outlined in
Attachment E. Results of plant process modeling are included in Attachment I.
j) Any documents describing the engineering, architecture or design
of any impoundment structures associated with the SWWP,
whether surface or subsurface, and any appurtenant facilities,
including any submittals by the applicant to the office of the State
Engineer;
All documents and specifications for engineering, architecture and landscape
design of the Project are provided in and Attachment C. There are no dams,
diversions, or impoundments associated with the project and therefore no
submittals to the State Engineers office are required.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 60
k) If applicable, the applicant will attach a copy of the completed or
proposed site application form required by the Colorado Water
Quality Control Commission;
CDPHE permits and site application forms in are included in Attachment E. Site
Application approval was received on July 1, 2019, and Process Design Report
approval is anticipated in December 2019.
l) Any health and safety hazards, including exposure to hazardous
materials, which may result from the siting of the proposed
construction, expansion or modification of the SWWP;
There will be no exposure to hazardous material related to the proposed project.
During construction of the proposed Project, a variety of heavy equipment vehicles
will access the site. These vehicles will have standard capacities for fuel, motor oil,
and hydraulic fluids; vehicle refueling will likely take place on-site. Vehicles will be
properly maintained to avoid accidental release or exposure. All applicable
Occupational Safety and Health Administration (OSHA) health and safety
standards will be followed by on-site crews to prevent accidental release and
exposure of chemicals from construction equipment.
After construction, one new chemical, Micro-C will be used at the AWWTF. Micro-
C is comprised mostly of glycerin and water, is not classified as a hazardous
chemical and is not regulated for transportation by the US Department of
Transportation. The most hazardous chemical currently utilized on the site is a
10% solution of Sodium Hypochlorite and its usage will be discontinued as part of
this project. A copy of spill prevention, control and countermeasures plan is
included in Attachment O and a list of chemicals stored on site is included as Table
1. Construction of chemical storage facilities will be compliant with prevailing
building and fire safety codes.
m) How the proposed construction, expansion or modification of the
SWWP and its impacts will conform to the Comprehensive Plan
goals, objectives and policies;
As described in Section II g) ii), Improvements at the facility generally conform to
the Town of Avon Comprehensive Plan (2017), including the following goals and
policies:
Policy I.1.2: Develop community services and facilities based on demand.
The design and capacity of the facility is based on current and future demands
from development in Avon and the remainder of the AWWTF service area. The
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 61
project is projected to meet all regulatory and capacity considerations immediately
upon completion and for the next 20 years.
Goal J.1: Collaborate with other agencies to implement this plan and to ensure
Avon’s needs and goals are being met.
ERWSD continually collaborates with other agencies on important regional water,
environmental, and sustainability efforts. Such agencies include but are not limited
to:
Town of Avon
Eagle County
Town of Vail
Northwest Colorado Council of Governments (NWCCOG)
Vail Resorts
Colorado Department of Public Health and Environment
U.S. EPA
Holy Cross Energy
In addition, the District’s General Manager Linn Brooks is the Chair of the Colorado
Water Congress and supports Eagle River Watershed Council’s education and
outreach, functions and sampling and analysis efforts.
Policy J.1.1: Collaborate with county, regional, state and federal agencies and
adjacent municipalities on cooperative planning efforts and regional
issues.
The District collaborates with county, regional, state, and federal agencies on
water quality, transportation, economic, and housing issues. We are project
partners with the Colorado Department of Transportation (CDOT), installing and
rehabilitating water and wastewater utilities in conjunction with transportation
projects. We collaborate with the towns of Vail and Avon and Eagle County on
planning and development issues and are working with many member
metropolitan districts to roll out water conservation and water budgeting policies.
Finally, District representatives will be presenting the proposed rate increases to
many of our constituents in the upcoming months.
Policy G.1.2: Maintain the Eagle River as a valued resource in accordance with
the most recent Eagle River Watershed Plan.
The project is in direct conformance with the Eagle River Watershed Plan and the
District frequently collaborates with the Eagle River Watershed Council and
supports its education and outreach, functions and sampling and analysis efforts.
Conformance with the Watershed Plan is described in further detail below.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 62
n) How the proposed construction, expansion or modification of the
SWWP and its impacts will conform to any applicable regional and
state plans, goals, objectives and policies;
Proposed modifications to the AWWTF comply with regional planning goals and
objectives. This includes goals of the 2012 NWCCOG 208 Plan, our regional water
quality management plan in compliance with Section 208 of the Clean Water Act.
Specifically, the following NWCCOG Policy goals support the Avon Project:
Policy 1: Protect and Enhance Water Quality. Meet Existing Water Quality
Standards; Implement Water Quality Improvement Projects.
Proposed modifications to the AWWTF are necessary to meet future permit limits
for nutrients under Regulation 85. This project will increase wastewater treatment
and improve water quality in the Eagle River watershed.
Policy 4. Decisions to locate water supplies, wastewater treatment systems, and
other water and wastewater facilities shall be made in a manner than protects
water quality and the aquatic environment. Where growth and development
requires the need for additional facility capacity, existing facilities should be
expanded instead of developing new facilities, unless expansion is not feasible
because of technical, legal or political reasons.
The Project is an expansion instead of a new facility and can accommodate current
and future populations of the service area.
Policy 5.3 Storage Handling and Use of Hazardous Substances.
The Project is compliant with best practices for the storage, handling, and use of
hazardous substances. Additional information included in Section II b) 5) of this
application.
Policy 6.3 Sanitation Districts. Sanitation Districts, water and sanitation districts
and wastewater management authorities are designated as management
agencies for the construction, operation and maintenance of wastewater facilities
within their service area.
The project is prepared and submitted by the appropriate management authority,
the Eagle River Water & Sanitation District. The Project will also comply with
applicable State water quality requirements as described herein.
The project is also supported by water quality objectives of the 2013 Eagle River
Watershed Plan, including:
Objective 3.1. Reduce or eliminate impacts to water quality in aquifers, rivers,
streams and lakes from existing land use and future growth.
The primary objective of the proposed project is to improve water quality in the
Eagle River. The main source of nitrogen and phosphorous to the wastewater
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 63
treatment facilities originate from human waste (urine and feces), soaps, and
detergents. Treating and reducing these concentrations through the wastewater
treatment processes, and ultimately reducing the nutrient concentrations in the
effluent is intended to benefit water quality and biological health in the Eagle River.
In addition, the District is unique in that its WWTFs currently require compliance
with stormwater discharge permits. The project scope includes improved
stormwater treatment infrastructure, which mitigate the impact of development on
the property.
Strategy 17. Support service plan amendments and/or wastewater treatment plant
improvements designed to maintain or enhance water quality in local streams and
rivers.
This objective is met since the project is a wastewater treatment plant improvement
designed to enhance water quality in the Eagle River.
o) The increased demand that the SWWP will place on the following
public services, both regionally and within the Town: employment,
schools, commercial services, health services, police and fire
protection, solid waste disposal, storm water collection and
release systems, power, communications, other public and quasi-
public utilities and other planned public services;
Improvements to the AWWTF will not place undue burdens or unreasonably
increase demands for public services. The District is a public service provider
responsible for operation and maintenance of three wastewater treatment facilities
serving the Gore and Eagle river valleys:
Vail – 2.7 MGD capacity
Avon – 4.3 MGD capacity
Edwards – 2.95 MGD capacity
These facilities operate through a collection system of approximately 207 miles of
collection lines, with an average daily flow of approximately 5.5. MGD.
The submitted project responds to community need for wastewater treatment to
serve development and protect water quality standards in on a watershed scale. A
detailed stormwater management plan protects the Eagle River from new
stormwater impacts, and the project will install a new sand/oil separator as part of
its site infrastructure. The facility is served by available utilities (e.g., electric, gas,
cable tv) and sufficient capacity exists for this expansion.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 64
p) The costs and benefits to the region and to the Town resulting
from the land use commitment necessitated or facilitated by the
proposed construction, expansion or modification of the SWWP
compared to alternative projected land uses in terms of land
suitability, community services, utilities and revenues;
Alternatives to this land use are not desirable at this site; it has served as a WWTF
for the Town since the 1966 and no additional land use commitment is required by
the proposed construction. The project exists within the existing property and land
use entitlements. The project cost is ultimately borne by the District ratepayers, as
described in detail in Section II b) 8) of this application; water quality of Gore Creek
and the Eagle River benefits from the nutrient upgrade project.
The project will result in enhanced water quality and support a watershed-based
nutrient management strategy. There are no alternative projected land uses for
this parcel or another parcel of land as uniquely suitable as the existing parcel.
q) Local and regional impacts of the proposed construction,
expansion or modification of the SWWP on water quality and water
resources, including effects on floodplains and wetland values
and functions;
The project will position the Avon WWTF to comply with applicable CDPHE water
quality requirements as described herein. Bypass flows will not impact the Vail
WWTF’s return flow obligations to Gore Creek, which are approximately 2 million
gallons day (MGD) during the snowmaking season. The flow obligation is triggered
if Gore Creek is below the instream water rights of 6 cubic feet per second (cfs),
which is most critical during the month of November (Carollo, 2017).
Proposed construction will employ best management practices conforming to Avon
requirements to protect water quality and water resources. The proposed nutrient
removal and capacity upgrades are done in compliance with the Clean Water Act
requirements to protect water quality and water resources. No wetlands or
floodplains are proposed for impact by the improvements proposed herein. A
detailed stormwater management plan has been developed for the project (Carollo
2019). The plan incorporates site specific BMPs designed to protect the Eagle
River from potential stormwater impacts. The plan identifies outfall locations, a new
sand/oil separator, and a new stormwater catch basin with a 4’ X 4’ grated opening.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 65
r) Impacts of the proposed construction, expansion or modification
of the SWWP on sensitive, endangered or threatened species and
scenic, parks, recreational or other natural resources;
A complete Environmental Impact Report (EIR) was submitted with the application
and is included as Attachment F. Threatened and endangered species have been
evaluated, and no adverse impacts are anticipated as a result of this upgrade.
Scenic values have been addressed and improvements in materials and paint will
create a uniform campus appearance. New fencing and landscaping with
residential neighbors will mitigate scenic impacts of the expansion. The application
addresses impacts from waste, noise and odors. Impacts to the adjacent
recreation trail are not anticipated.
s) Impacts of the proposed construction, expansion or modification
of the SWWP on the character of adjacent or nearby
neighborhoods or development; and
After completion, the proposed construction will not significantly change the
character of the property, since it is currently an operating WWTF. The District and
the project team minimized impacts to the extent practicable.
Improvements to odor controls will result from the proposed construction. Noise
impacts from two new large format exhaust fans were modeled to minimize
impacts over ambient sound conditions. Odor controls were designed to improve
containment, detection and dispersion. In combination with new high velocity fans,
the expansion is an opportunity to improve odor impacts to neighboring properties.
Additional landscaping and screening are proposed to mitigate visual impacts to
neighboring properties.
The District will continue to coordinate temporary construction impacts with the
adjacent residential community (Lift View) to minimize neighborhood impacts.
Temporary project construction impacts expected are those typical to any jobsite
(dust, noise, parking). A temporary fence with noise dampening material will be
used to reduce construction noise along the property line shared with Lift View
condominiums. Plans for service deliveries of materials, temporary signage,
contractor/employee parking, and other aspects of construction including staging
plans will be developed by Moltz Construction. As previously mentioned, there will
be a very visible tower crane on the site for approximately 24 months.
These plans will be submitted to the Town as part of the building permit process.
The District and its contractors will maintain clear communication with Town
officials during the anticipated 32-month construction calendar, and the District will
report to Town Council on an annual basis as required in the 1041 regulations.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 66
t) Evidence that the applicant has provided written notice via
certified mail to all property owners within or adjacent to the
impact area that the applicant or other entity involved in the
construction, modification or expansion of the SWWP anticipates
may have a real property interest acquired by the applicant or
other such entity through arms' length negotiation or through the
exercise of the power of eminent domain.
Evidence of adjacent property owner notification, as required by the Town of Avon,
is located in Attachment B. There is no additional acquisition of land required by
the proposed project.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 67
SECTION IV: Avon Development Code 7.40.660 - Approval of
Permit Application.
The Town Council shall approve an application for a 1041 Permit for a SWWP in
the Town of Avon only if the proposed construction, modification or expansion
complies with the Regulations, other applicable federal, state and local guidelines
and regulations and meets all the following guidelines and requirements:
a) All of the provisions of the 1041 Permit application procedure set
forth in Article III of these Regulations have been complied with;
Applicant Response: The applicant has complied with all procedures as specified.
b) Demographic trends demonstrate a need for the SWWP in order to
timely serve existing and future residents and businesses within
the Town;
Applicant Response: Demographic growth trends and projections in the District
and Avon, adoption of stricter State wastewater effluent regulations, and a valley-
wide nutrient management strategy all demonstrate the need for the SWWP
improvements to serve existing and future residents and businesses. The upgrade
is timely, required by State Regulations, and meets needs of both existing and
future residents for the project-planning horizon (2037).
c) Desirable local and regional community land use patterns will not
be disrupted due to the location of the proposed construction,
expansion or modification of the SWWP;
Applicant Response: Community land use patterns will not be disrupted by the
proposed project and construction. The property has served as a wastewater
facility since the inception of Avon, and the project is confined to the existing
property. This proposal for expansion and modification will allow District to support
desired land use patterns within the Town while meeting water stricter wastewater
effluent requirements of the State.
d) The construction, expansion or modification of all dams or other
impoundment structures required by the SWWP, if any, will
comply with engineering requirements specified by the Colorado
Water Conservation Board and the Office of the State Engineer.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 68
Applicant Response: There are no dams or impoundment structures proposed as
part of the nutrient removal upgrades at AWWTF; therefore, this criterion is not
applicable.
e) The proposed SWWP is not subject to significant risk from
earthquakes, floods, fires, subsidence, expansive soils,
avalanches, landslides or other natural hazards.
Applicant Response: The proposed SWWP is not subject to significant risk from
natural hazards and is not located in the mapped 100-year floodplain.
f) The proposed SWWP will not present an unreasonable risk of
exposure to toxic or hazardous substances within the impact area.
Applicant Response: A chemical list, emergency response plan, and spill
prevention control and countermeasures plan were submitted, and the proposed
project will not present and unreasonable risk of exposure to toxic or hazardous
substances within the impact area. See Section II h) 5) and Attachment O of this
application for additional details.
g) The proposed SWWP will not significantly deteriorate floodplains,
wetlands or riparian areas in the impact area.
Applicant Response: The proposed SWWP is not subject to floodplains, riparian
areas or wetlands; development is within the existing disturbed facility footprint.
h) The proposed SWWP will not significantly degrade existing visual
quality, noise and vibration levels or odor levels in the impact
area.
Applicant Response: The proposed will not significantly degrade existing visual
quality, noise and vibration levels or odor levels in the impact area. Enhanced odor
controls are proposed as part of the expansion, and specifications for odor
detection thresholds and sound mitigation are included in Attachments P and Q,
respectively. A detailed description of mitigation measures can be found in Section
II h) of this application.
i) The proposed SWWP is technically and financially feasible.
Applicant Response: The proposed SWWP is technically and financially feasible.
Funding will come from a variety of District sources, including tap fees and revenue
bonds as described in detail in Section II b) 8) of this application. Operation of the
facility will be financed by monthly wastewater user rates.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 69
j) The proposed construction, expansion or modification of the
SWWP will not directly conflict with the Comprehensive Plan or
other applicable local, regional and state master plans, including
but not limited to storm drainage and flood control plans and
storm water quality plans and programs;
Applicant Response: The proposed facility expansion conforms to the
Comprehensive Plan and other local and regional master plans. Storm drainage
plans and stormwater quality controls are in place and will be upgraded, as detailed
herein. The facility is subject to an existing CDPHE stormwater discharge permit,
which requires routine sampling and monitoring. That plan will be amended upon
completion of the new stormwater infrastructure.
k) The SWWP promotes the efficient use of water.
Applicant Response: The proposal is for upgrades to nutrient removal at the Avon
WWTF; therefore, this criterion is not applicable. However, landscaping and on-
site water use is minimized and to the extent practicable, non-potable wastewater
effluent will be utilized for appropriate uses.
l) The existing wastewater treatment facilities or water treatment
facilities within the Town and which serve the service area must be
at or near operational capacity or will be within five (5) years from
the date construction of the SWWP is initiated, based on then-
current demographic trends.
Applicant Response: Planning for capital improvements at the Avon WWTF was
completed in 2017 as part of a Wastewater Facilities Master Plan Update. The
project is scheduled for completion within a 32-month construction schedule, as
agreed upon with staff of the State Water Quality Control Division to achieve
compliance with nutrient limits. While the expansion does not require an increase
in hydraulic capacity, the discharge limits for the new, upcoming permit is cannot
be met without the proposed improvements. Further, the organic loading requires
a re-rating to meet future organic loading conditions.
m) The proposed construction, expansion or modification of the
SWWP will not increase water pollution levels in violation of
applicable federal, state and local water quality control standards
and will result in no net loss of wetland values and functions;
Applicant Response: The project will not increase water pollution levels in violation
of applicable water quality standards; it is proposed to comply with new nutrient
limits, as described in detail herein. The project will dramatically reduce nitrogen
and phosphorous concentrations in the wastewater effluent. The decrease in
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 70
nutrient loading to the Eagle River benefits instream water quality, including
biological and aquatic health. The project will not result in loss of wetland values
or functions, as none are identified or proposed for disturbance.
n) The applicant has the technical and financial ability to develop and
operate the proposed project in a manner that is consistent with
the permit conditions and the public health, safety and welfare.
Applicant Response: The District has technical and financial ability to develop and
operate the project in a manner consistent with all permit conditions, and the public
health, safety and welfare. A complete budget is included in Attachment L.
o) The nature and scope of the SWWP will not compete with existing
water or wastewater treatment services or create duplicative
services within the Town boundaries.
Applicant Response: Improvements to the AWWTF will not compete with other
wastewater treatment services or create duplicative services within Town
boundaries. The District (including the AWWTF) is the sole provider of wastewater
treatment services in the eastern portion of Eagle County.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 71
SECTION V: Avon Development Code 7.16.150 – Location,
Character and Extent
This section implements and sets forth procedures for the regulation of the
location, character and extent of public facilities as provided by Section 31-23-209,
C.R.S, Legal Status of Official Plan, as amended. It is the intent of this Section to
conform to the provisions of Section 31-23-209, C.R.S, to define the factors to be
considered in the “Location, Character and Extent” process and to prescribe
procedures for the orderly consideration of location, character and extent
applications to effectuate the purposes of the State Statute.
PZC shall review applications for location, character rand extent after conducting
a public hearing. Per Avon Development Code Chapter 7.16.150(d), The PZC and
Council shall use the following review criteria as the basis for recommendations
and decisions on applications for location, character and extent:
(1) Evidence of substantial compliance with the purpose of this
Development Code;
As detailed in the accompanying 1041 application, evidence of substantial
compliance with the purposes of the Avon Development Code (AMC 7.04.030) has
been provided, including the following purposes support the project:
(q) Divide the Town into zones, restricting and requiring therein the location,
erection, construction, reconstruction, alteration and use of buildings,
structures and land for trade, industry, residence and other specified
uses; regulate the intensity of the use of lot areas; regulate and
determine the area of open spaces surrounding such buildings;
establish building lines and locations of buildings designed for specified
industrial, commercial, residential and other uses within such areas;
establish standards to which buildings or structures shall conform;
establish standards for use of areas adjoining such buildings or
structures;
(r) Implement the goals and policies of the Avon Comprehensive Plan and
other applicable planning documents of the Town;
(s) Comply with the purposes stated in state and federal regulations which
authorize regulations in this Development Code;
(t) Avoid undue traffic congestion and degradation of the level of service
provided by streets and roadways, promote effective and economical
mass transportation and enhance effective, attractive and economical
pedestrian opportunities;
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 72
(u) Promote adequate light, air, landscaping and open space and avoid
undue concentration or sprawl of population;
(v) Provide a planned and orderly use of land, protection of the environment
and preservation of viability, all to conserve the value of the investments
of the people of the Avon community and encourage a high quality of life
and the most appropriate use of land throughout the municipality;
(w) Prevent the inefficient use of land; avoid increased demands on public
services and facilities which exceed capacity or degrade the level of
service for existing residents; and promote sufficient, economical and
high-quality provision of all public services and public facilities, including
but not limited to water, sewage, schools, libraries, police, parks,
recreation, open space and medical facilities;
(x) Minimize the risk of damage and injury to people, structures and public
infrastructure created by wild fire, avalanche, unstable slopes, rock fall,
mudslides, flood danger and other natural hazards;
(y) Achieve or exceed federal clean air standards;
(z) Sustain water sources by maintaining the natural watershed, preventing
accelerated erosion, reducing runoff and consequent sedimentation,
eliminating pollutants introduced directly into streams and enhancing
public access to recreational water sources;
(aa) Maintain the natural scenic beauty of the Eagle River Valley in order to
preserve areas of historical and archaeological importance, provide for
adequate open spaces, preserve scenic views, provide recreational
opportunities, sustain the tourist-based economy and preserve property
values;
(bb) Promote architectural design which is compatible, functional, practical
and complimentary checking to Avon’s sub-alpine environment;
(cc) Achieve innovation and advancement in design of the built environment
to improve efficiency, reduce energy consumption, reduce emission of
pollutants, reduce consumption of non-renewable natural resources and
attain sustainability;
(dd) 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;
(ee) Promote quality real estate investments which conserve property values
by disclosing risks, taxes and fees; by incorporating practical and
comprehensible legal arrangements; and by promoting accuracy in
investment expectations; and
(ff) Promote the health, safety and welfare of the Avon community.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 73
(2) Consistency with the Avon Comprehensive Plan;
Improvements at the facility also generally conform to the Town of Avon
Comprehensive Plan (2017), including the following goals and policies:
Policy I.1.2: Develop community services and facilities based on demand.
Goal J.1: Collaborate with other agencies to implement this plan and to
ensure Avon’s needs and goals are being met.
Policy J.1.1: Collaborate with county, regional, state and federal agencies
and adjacent municipalities on cooperative planning efforts and regional
issues.
Policy G.1.2: Maintain the Eagle River as a valued resource in accordance
with the most recent Eagle River Watershed Plan.
Proposed modifications to the AWWTF comply with regional planning goals and
objectives. This includes goals of the 2012 NWCCOG 208 Plan, our regional water
quality management plan in compliance with Section 208 of the Clean Water Act.
Specifically, the following NWCCOG Policy goals support the Avon Project:
Policy 1: Protect and Enhance Water Quality. Meet Existing Water Quality
Standards; Implement Water Quality Improvement Projects.
The application for nutrient upgrades will meet existing water quality standards
and be protective of water quality in the Eagle River watershed.
Policy 4. Decisions to locate water supplies, wastewater treatment systems, and
other water and wastewater facilities shall be made in a manner than protects
water quality and the aquatic environment. Where growth and development
require the need for additional facility capacity, existing facilities should be
expanded instead of developing new facilities, unless expansion is not feasible
because of technical, legal or political reasons.
The Project is an expansion instead of a new facility.
Policy 5.3 Storage Handling and Use of Hazardous Substances.
The Project is compliant with best practices for hazardous substances.
Policy 6.3 Sanitation Districts. Sanitation Districts, water and sanitation districts
and wastewater management authorities are designated as management
agencies for the construction, operation and maintenance of wastewater facilities
within their service area.
The Project is prepared and submitted by the appropriate management
authority, the Eagle River Water & Sanitation District. The Project will also
comply with applicable State water quality requirements as described herein.
Attachment A
Avon WWTF 1041 Permit Application
December 6, 2019
Page 74
The Project is also supported by water quality objectives of the 2013 Eagle River
Watershed Plan, including:
Objective 3.1. Reduce or eliminate impacts to water quality in aquifers, rivers,
streams and lakes from existing land use and future growth.
Strategy 17. Support service plan amendments and/or wastewater treatment
plant improvements designed to maintain or enhance water quality in local
streams and rivers.
(3) Physical suitability of the land for the public way, place,
structure, facility or utility;
As detailed in the accompanying 1041 application, the location of this project is on
land that deemed suitable for wastewater treatment since the 1960’s and original
subdivision of this property.
(4) Compatibility with surrounding land uses; and
The wastewater facility will continue to be compatible with surrounding land uses.
(5) Adequate mitigation of adverse impact on nearby properties or
neighborhoods, including but not limited to traffic, noise, odors,
vibrations and property values.
As detailed in the accompanying 1041 application, the Project includes adequate
mitigation of adverse impacts to nearby residential properties. Impacts to sound
and odor are proposed for mitigation or enhancement. Landscaping and screening
are included to mitigate appearance of the Project to neighboring residents. Traffic
impacts are temporary during the construction.
Attachment A
[970-949-4413] [mpielsticker@avon.org]
AWWTF 1041 Permit Application
Hyperlinks to Application Attachments
Attachment A: Application Forms and Title Commitment Attachment B: Certified Property Owners Affidavit and List
Attachment C: Survey and Project Design Plans
Attachment D: Memorandum of Understanding with CDPHE and Addendum
Attachment E: Copies of Federal, State and Local permits
Attachment F: Environmental Impact Report
Attachment G: Geotechnical Report
Attachment H: 2017 Wastewater Facilities Master Plan Update
Attachment I: Avon WWTF Nutrient Upgrades Project Engineering Report Attachment J: Wastewater Service Boundary Map
Attachment K: Project Critical Path Method Construction Schedule
Attachment L: Construction Cost Estimate and Project Budget
Attachment M: ERWSD Cash Flow Forecast
Attachment N: ERWSD Service Plan
Attachment O: Avon WWTF Spill Prevention Control and Countermeasures (SPCC) Plan
Attachment P: Avon WWTF Odor Control Summary Report
Attachment Q: Noise Modeling Report Attachment R: Water Quality Control Division Regulation 85
Attachment B
OUTSIDE AGENCY REFERRAL
TOWN OF AVON COMMUNITY DEVELOPMENT
DATE TRANSMITTED: December 20,2019
FILE: 1041 Permit Application- Avon Wastewater Facility Improvements
Case #: TEN19001
Project Location: 950 W. Beaver Creek Blvd / Tract N, Benchmark at Beaver Creek Sub
Applicant: Eagle River Water and Sanitation District
Description: Nutrient upgrades in order to meet Colorado Department of Public
Health and Environment (CDPHE) water quality regulations related to
Nitrogen and Phosphorous, and in-stream water quality standards.
Several plant improvements are planned as part of the project; all
detailed within the application.
Document Link: www.avon.org/planning under “Current Land Use Applications”
This referral and your comments are an important part on the evaluation process for a 1041 permit. Your
report and/or comments will be helpful in preparing a recommendation and esta blishing conditions for the
request. If you have any comments on this application please respond in writing by Monday, January
20, at 5pm or we will assume you have no comments . This file is scheduled for a public hearing with the
Town Council in February 2020.
COMMENTS TO:
TOWN OF AVON
ATTN: BRENDA TORRES, TOWN CLERK
PO BOX 975
AVON, CO 81620
PHONE NUMBER 970-748-4000
EMAIL: btorres@avon.org
REFERRALS:
Department of Local Affairs Andy Hill andy.hill@state.co.us
Division of Water Resources Megan Sullivan megan.sullivan@state.co.us
Colorado Parks and Wildlife Danielle Neumann danielle.neumann@state.co.us
Eagle River Watershed Council Holly Loff loff@erwc.org
Beaver Creek Metro District Bill Simmons bsimmons@beavercreekmetro.com
Health Department - Water Quality Andy Poirot andrew.poirot@state.co.us
Department of Local Affairs Greg Winkler greg.winkler@state.co.us
U.S. Army Corps of Engineers Sue Nall Susan.nall@usace.army.mil
Holy Cross Energy-Eagle Valley Keith Hernandez khernandez@holycross.com
Xcel Energy (Public Service Co.) Brittany Mace brittany.mace@xcelenergy.com
Eagle County Health Services District Cameron Cusick ccusick@ecparemedics.com
Eagle River Fire Protection District Mick Woodworth mwoodworth@eagleriverfire.org
NWCCOG / Watershed Services Lane Wyatt qqlane@nwccog.org
Eagle County Planning Dept Morgan Beryl morgan.beryl@eaglecounty.us
Attachment C
VICINITY MAP:
Attachment C
Town of Avon January 15, 2020
ATTN: Brenda Torres, Town Clerk & Matt Pielsticker, Planning Director
PO Box 975
Avon, CO 81620
Dear Mr. Pielsticker,
Thank you for the opportunity to provide comments on the proposed improvements to the Avon
Wastewater Treatment Facility (WWTF). Colorado Parks and Wildlife (CPW) has a statutory
responsibility to manage all wildlife species in Colorado. This responsibility is embraced and fulfilled
through CPW’s mission to perpetuate the wildlife resources of Colorado and to provide sustainable
outdoor recreation opportunities that educate and inspire future generations. CPW fulfills this mission
by responding to requests for comments on wildlife impact reports, land use actions, and consultations
through public-private partnerships.
After review of the application materials, CPW offers the following comments and recommendations:
The proposed improvements to the Avon WWTF occur largely on the existing facility footprint or
immediately adjacent to the existing site. Additionally, the Environmental Impact Report notes that the
development site lies outside on the established wetland zone, riparian zone and 100-year floodplain.
With the exception of the southern boundary along the Eagle River, the development site is surrounded
by historic anthropogenic disturbance and development. The development site itself lies within CPW
mapped range for a variety of big game and raptor species. Land use changes over the last several
decades have removed much of habitat value for big game species at and adjacent to this site.
Additionally, given the relatively urbanized nature of the site and existing development in the
surrounding area, CPW does not anticipate significant impacts associated with the improvements to the
Avon WWTF.
While the WWTF site does not lie in close proximity to mapped and active bald eagle nest sites, if eagles
were to establish nesting sites on or near the development site the following recommendations may
apply:
Minimize heavy equipment use and construction activities from October 15 - July 31 in order to
provide the bald eagles with time to fledge their chicks.
The proposed development site also lies within mapped human-bear and human-lion conflict areas and
human-bear summer concentration area. Additionally, human-bear conflict incidents have been
reported and documented in immediate proximity to the proposed development site. As such, CPW
emphasizes the proposed mitigation measures and offers the following recommendations:
Landscaping with wildlife in mind, to include avoiding the planting of fruit bearing vegetation.
Attachment C
Dogs must be under control, either on a leash or under voice command.
All food (including pet food) should be kept indoors or in an IGBC-certified bear proof container.
No food waste should be left outdoors.
During construction, food waste and construction waste should be segregated into separate
containers.
All bear and mountain lion incidents should be immediately reported to CPW.
Minimize sediment contributions to the Eagle River. Apply appropriate best management
practices to minimize sediment transport during construction.
Colorado Parks & Wildlife values the opportunity to provide comments on this proposal. If you have any
questions or concerns, please reach out to District Wildlife Manager Devin Duval at (970) 930-5264.
Sincerely,
Devin Duval,
District Wildlife Manager
cc: Matt Yamashita, Area Wildlife Manager
Danielle Neumann, NW Region Land Use Specialist
File
Attachment C
Sustainable Communities
Maureen Mulcahy
Environmental Policy Planner
970-328-8816
maureen.mulcahy@eaglecounty.us
www.eaglecounty.us
January 15, 2020
Town of Avon
ATTN: Brenda Torres, Town Clerk
PO BOX 975
Avon, CO 81620
970-748-4000
Email: btorres@avon.org
Re: 1041 Permit Application- Avon Wastewater Facility Improvements
VIA E-MAIL
Dear Ms. Torres:
Thank you for the opportunity to review and provide comments related to the Avon Wastewater
Facility Improvements 1041 Permit Application submitted to the Town of Avon by the Eagle River
Water & Sanitation District. The County understands the need for the project and supports
enhancement of the existing wastewater treatment facility based on the bene its provided to local
water quality.
In addition to the information contained in the application, the County would appreciate the
opportunity to review additional information, as outlined below.
1.How much additional energy will the expanded treatment process demand? The County
would like to understand increased demands in terms of both electricity and natural gas use
as compared to the overall plant to get an understanding of the scale of the improvements
relative to the existing facility.
2.The application details energy ef iciency components incorporated into the project design,
including use of ef icient aerators and proper pipe sizing to reduce energy consumption.
How did energy ef iciency factor into the decision making process when selecting the
proposed treatment train? What, if any, additional energy ef iciency measures will be
incorporated into the design? Please include deemed savings estimates for such measures
as a percentage of the forecasted additional energy use if possible.
Attachment C
3.Please describe resource recovery elements integrated into the project design, including any
impacts to the existing heat recovery system capacity and ability to recover phosphorus.
4.Figure 25 in the application presents growth projections from Stan Bernstein and
Associates. Please share this growth study as the County would appreciate the opportunity
to review the growth projection report in its entirety to understand the assumptions upon
which the projections are based.
If you have any questions regarding the information outlined above, please do not hesitate to
contact me.
Sincerely,
/s/Maureen Mulcahy
CC:
Holly Strablizky, Assistant County Attorney
Adam Palmer, Sustainable Communities Director
Morgan Beryl, Community Development Director
Attachment C
Town of Avon
Attn: Brenda Torres, Town Clerk
PO Box 975
Avon, CO 81620
btorres@avon.org
January 20, 2020
RE: Avon Wastewater Treatment Plant Capital Upgrades
Dear Ms. Torres,
Thank you for the opportunity to provide comments regarding the Avon Wastewater Treatment
Plant upgrades 1041 permit application. While this project has merits that touch on multiple
issues, our comments pertain to anticipated project impacts to stream and aquatic ecosystem
health.
Eagle River Watershed Council (ERWC) advocates for the health and conservation of the Upper
Colorado and Eagle River basins, in order to protect and enhance the high-quality natural and
human values provided to our communities by rivers. Vigorously protecting our aquatic systems
ensures they can continue to provide numerous social, economic, and ecosystem benefits in
perpetuity.
The purpose of the Avon Wastewater Treatment Plant upgrades is identified as increasing overall
system treatment capacity and flexibility for Eagle River Water & Sanitation District’s (ERWSD)
three valley-wide facilities, extending the life of the Vail waste water treatment plant (WWTP) by
accepting increased effluent bypasses, and reducing nutrient discharges (measured as Total
Phosphorus and Total Nitrogen)
WATER QUALITY
The project is specifically designed to address treatment capacity issues, achieve ongoing
system-wide permit compliance, and improve water quality conditions on the Eagle River for both
the Avon location and the overall ERWSD system from Vail to Edwards by reducing nutrient loads.
In nutrient-poor mountain headwaters streams like the Eagle River, even small additions of
human-sourced nitrogen and phosphorus can promote eutrophic conditions that lead to
detrimental ecological impacts such as algal growth and macroinvertebrate community shifts
and imbalances that decrease populations of sensitive species like mayflies and stoneflies while
increasing populations of pollution-tolerant species such as worms, midges, etc. Associated
effects on prized local fisheries and recreation use may subsequently follow. Therefore,
reductions in nutrient loads to local streams are strongly supported by ERWC and the project is
anticipated to be a boon to aquatic communities downstream.
Attachment C
ECOLOGICAL SETTING, HYDROLOGY AND FLOODPLAINS
The Eagle River in downtown Avon generally flows in a geomorphically confined river channel
with little available floodplain and a narrow strip of riparian vegetation zone that extends up
steeply sloped and erosion-resistant streambanks for 10 to 40 vertical feet. The channel at the
project site is no exception, running adjacent to the south parcel boundary for approximately 800’
and separated by the Eagle Valley pedestrian/bike path. Construction activities are not anticipated
to occur in any floodplain and riparian zones or alter existing floodplain heights and flood peak
elevations. Although redevelopment projects on river frontage often provide excellent
opportunities to restore, mitigate, or improve previous floodplain alteration and riparian
degradation, this site in Avon’s urban core does not provide such opportunities. The river corridor
here is heavily impacted already, and the project is unlikely to provide a net change in the negative
direction.
WATER USE AND INSTREAM FLOWS
As the nature of the permitted facility is specifically for water treatment, increases to
consumptive water use, and by extension, available instream flows for aquatic life, riparian health,
and recreational use are not expected. The shifting of treated effluent from discharging on Gore
Creek to Avon potentially decreases instream flows on segments of Gore Creek and the Eagle
River between these locations. Water volumes involved are relatively negligible throughout most
of the year but may be important to Gore Creek during extremely low baseflow periods. However,
ERWSD is aware of these issues in operational timing and has previously worked with their own
system operations as well as Vail Resorts (which diverts upstream of the Vail WWTP for
snowmaking) to ensure ecological streamflows are maintained in lower Gore Creek throughout
peak use demand periods and that lower Gore Creek does not develop an effluent-dominated
flow situation.
WATER QUALITY AND STORMWATER
The site plan has identified a mix of best management practices including new sand/oil
separators and a new detention basin. In general, quality of stormwater outflows should be
similar to or better than current site conditions.
CLOSING REMARKS
The Avon Wastewater Treatment Plant Nutrient Upgrades project is not anticipated to affect riparian
conditions, floodplain geomorphology, or instream flows. The specific purpose of the project is to
improve effluent quality by reducing nitrogen and phosphorus nutrient loads to receiving streams.
These actions should remain protective or improve instream water quality and by extension, aquatic
life conditions; ERWC is supportive of 1041 Permit approval for these actions.
If you have any questions regarding our comments, please contact us.
Regards,
Holly Loff, Executive Director Bill Hoblitzell
Eagle River Watershed Council Water Resources Program technical advisory staff
970-827-5406 970-471-6216
Attachment C
MEMORANDUM
TO: Matt Pielsticker, AICP, David McWilliams, AICP, Town of Avon
FROM: Jeffrey Schneider, P.E.
DATE: 1/29/2020
RE: Avon Wastewater Treatment Facility (AWWTF) Nutrient Upgrades Project
Responses to Referral Comments
Eagle River Water and Sanitation District was in receipt of three (3) referral responses for the Avon
WWTF Nutrient Upgrades Project 1041 application. Below please find our responses to each of the
referral items:
Referral 1: Colorado Parks and Wildlife, Dated January 15, 2020 from Devin Duval, District Wildlife
Manager
1. While the WWTF site does not lie in close proximity to mapped and active bald eagle nest sites, if
eagles were to establish nesting sites on or near the development site the following recommendations
may apply:
Minimize heavy equipment use and construction activities from October 15 - July 31 in order to
provide the bald eagles with time to fledge their chicks.
Response: As discussed with CPW staff, no bald eagle nest sites are mapped or observed on or near
the area, although potential habitat exists along the Eagle River corridor. Bald eagles are not likely to
select this location for nesting due to the existing disturbance and activity in the proximate area, including
the Westin gondola crossing the river about 1/3 mile upstream of the site. In the unlikely event that
eagles were to establish nesting sites on or near the development during the almost 3-year construction
period, the applicant agrees to work closely with CPW to identify potential mitigation, as practical.
2. The proposed development site also lies within mapped human-bear and human-lion conflict
areas and human-bear summer concentration area. Additionally, human-bear conflict incidents have
been reported and documented in immediate proximity to the proposed development site. As such,
CPW emphasizes the proposed mitigation measures and offers the following recommendations:
Landscaping with wildlife in mind, to include avoiding the planting of fruit bearing vegetation.
Response: No fruit-bearing vegetation is located on the site and none is proposed as part of the project.
Dogs must be under control, either on a leash or under voice command.
Dogs are not permitted on ERWSD properties.
Attachment C
Attachment C, page10
Avon Wastewater Treatment Facility (AWWTF) Nutrient Upgrades Project Responses to Referral
Comments Page 2 of 4
All food (including pet food) should be kept indoors or in an IGBC-certified bear proof container. No
food waste should be left outdoors.
The project general contractor (Moltz Construction) has been informed of this requirement and the need
for bear proof containers has been added to the project construction specifications.
During construction, food waste and construction waste should be segregated into separate
containers.
The project general contractor (Moltz Construction) has been informed of this requirement and it has
been added to the project construction specifications.
All bear and mountain lion incidents should be immediately reported to CPW.
Comment noted, this information has been provided to ERWSD internal staff as well as the general
contractor.
Minimize sediment contributions to the Eagle River. Apply appropriate best management
practices to minimize sediment transport during construction.
The project has an extensive BMP program during construction and the general contractor will be
subject to a CDPHE Construction Stormwater permit and all conditions applicable thereto.
Referral 2: Eagle River Watershed Council, Dated January 20, 2020, from Holly Loff and Bill Hoblitzell
Response: ERWSD agrees with the findings of the letter and takes no exception. ERWSD is thankful for
the supportive letter as the intent of the project is to reduce human impacts to the Eagle River.
Referral 3: Eagle County, Dated January 15, 2020 from Maureen Mulcahy
1. How much additional energy will the expanded treatment process demand? The County would
like to understand increased demands in terms of both electricity and natural gas use as
compared to the overall plant to get an understanding of the scale of the improvements
relative to the existing facility.
Response: The connected load and the anticipated electrical demand of the Avon WWTP will be
essentially the same as before. In some areas, we are increasing the electrical load (i.e. adding HVAC to
the aeration basin building, adding mixers in the aeration basins, adding RAS pumps) and in some areas
we are reducing the electrical load (installation of lower horsepower IMLR pumps and reduced HVAC
load in the warehouse and equalization areas). We are not increasing the overall transformer capacity at
the facility. The natural gas usage on site will match current conditions. Some HVAC equipment is being
added that will increase loads (i.e. heating the aeration basin and new clarifier building), but significant
changes were also made to reduce air changes and thus natural gas usage in the warehouse and
equalization areas. The site is limited as to its natural gas service available, and when combined with
ERWSD’s sustainability goals, no additional gas usage is anticipated. Further, the project team is
currently re-evaluating HVAC equipment with respect to utilizing natural gas on this project and all other
capital projects.
2. The application details energy efficiency components incorporated into the project design,
including use of efficient aerators and proper pipe sizing to reduce energy consumption. How did
energy efficiency factor into the decision making process when selecting the proposed treatment
train? What, if any, additional energy efficiency measures will be incorporated into the design?
Attachment C
Attachment C, page
Avon Wastewater Treatment Facility (AWWTF) Nutrient Upgrades Project Responses to Referral
Comments Page 3 of 4
Please include deemed savings estimates for such measures as a percentage of the forecasted
additional energy use if possible.
Response: The evaluation for selection of the proposed treatment train included capital cost, O&M cost
(which included an estimate of energy requirements), safety, odor, visual, noise, and traffic. This
evaluation is documented in TM 7 of the 2017 WWTF Master Plan Update. Energy efficiency was not a
major deciding factor in selection of the treatment train. Rather, the proposed treatment train was
selected due to its ability to flexibly, reliably meet the discharge permit.
Energy efficiency measures incorporated into the design include the following:
a. Use of energy recovery on Makeup Air Unit to provide air to air heat recovery, minimizing
natural gas use.
b. Use of a VFD in the Makeup Air Unit to maintain an adjustable negative space pressure
that can appropriately respond to variation in aeration air from the aeration basins.
Reduces excess outside air infiltrating into the space that would lead to more energy
usage and less indoor temperature control.
c. New HVAC design to eliminate the no longer required continuous 100% outside air
ventilation systems for the EQ Building and the Warehouse Building.
d. Proper design/sizing of the HVAC systems in the aeration basin and secondary clarifier
buildings to provide sufficient air changes for operator safety but not so much that we pull
in excess (cold) outside air.
e. Use of VFDs on new IMLR, RAS, and EQ pumps to allow for reduced energy
consumption at turndown flows.
f. Increased pipe sizing in some locations to reduce system head loss and pump
horsepower (i.e. IMLR system)
g. Elimination of WAS pump and secondary scum pumps, allowing for gravity flow to
Edwards WWTF.
h. Replacement of existing blowers with higher efficiency blowers (around 15% increased
efficiency).
i. Sizing of blowers and aeration system design to reduce need for air blowoff at diurnal low
flows.
Include deemed savings estimates as a percentage of forecasted additional energy use
Response: Energy use at the facility is not anticipated to substantially increase as part of this project, as
noted in the response to Question 1.
3. Please describe resource recovery elements integrated into the project design, including any
impacts to the existing heat recovery system capacity and ability to recover phosphorus.
Response: The ability to connect heating loads to the existing heat recovery system was explored during
the design phase but was deemed infeasible due to the distance (and energy) required to pump heated
water throughout the facility and the required retrofit of make up air units to function with hydronic heating
units. The proposed makeup air unit includes air-to-air heat exchanger that recovers up to 70% of the
heat in the system. ERWSD is completing a facilities master plan to replace and improve its aging
facilities on the eastern portion of the site and is planning on utilizing the heat recovery system for that
future project.
Attachment C
Avon
Wastewater Treatment Facility (AWWTF) Nutrient Upgrades Project Responses to Referral Comments
Page 4 of 4
This project will increase the ability to for phosphorus to be recovered in the future at the Edwards
WWTF. As part of this project, phosphorus will be removed biologically from the liquid stream and
transferred into the solids stream. Solids handling was decommissioned at Avon WWTF in 2015 and all
solids are processed at a consolidated digestion facility at the Edwards WWTF. Solids produced at Avon
are conveyed through the collection system to Edwards. Similarly, the Vail WWTP removes phosphorus
biologically, sending the solids down to Avon and ultimately to Edwards. In the future, phosphorus could
be recovered from the solids at Edwards (which would include the phosphorus from all three facilities)
using the CalPrex process to precipitate brushite (calcium phosphate). This product can be marketed as a
fertilizer. ERWSD currently has nutrient-rich Class A biosolids available for public use at its Biosolids
Containment Facility adjacent to the Eagle County Landfill.
4. Figure 25 in the application presents growth projections from Stan Bernstein and Associates.
Please share this growth study as the County would appreciate the opportunity to review the
growth projection report in its entirety to understand the assumptions upon
which the projections are based.
Response: A copy of the information used to develop Figure 25 was sent to Maureen Mulcahy on
January 29, 2020.
Attachment C
PZC Record of Decision: #LCE20001 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: February 4, 2020
TYPE OF APPLICATION: Location Character and Extent
PROPERTY LOCATION: Tract N and O Block 3 Benchmark at Beaver Creek Subdivision
FILE NUMBER: LCE20001
APPLICANT: Eagle River Water and Sanitation District
This Record of Decision is made in accordance with the Avon Development Code (“Development
Code”) §7.16.150(b):
DECISION: Approval of the development plan with the following findings and condition:
FINDINGS:
(1) The development application is complete;
(2) The development application provides sufficient information to allow PZC to determine that
the development application complies with the relevant review criteria;
(3) The development application complies with the goals and policies of the Avon Comprehensive
Plan including Goal G.1 and Policy G.1.4;
(4) The demand for public services or infrastructure exceeding current capacity is mitigated by
the development application; and
(5) The proposed application LCE20001 was reviewed pursuant to §7.16.150(d), Location,
Character and Extent, and was determined to be compliant with the review criteria.
CONDITIONS:
(1) A Minor Subdivision Application is required to modify lot lines;
(2) Screening alternatives, color schemes, and architectural elements will be brought before PZC
to alleviate south and west elevations prior to completion of the project.
(3) A new landscape plan must be approved by PZC and installed prior to completion of the
project. The former barn area shall be planted with appropriate riverine trees to replace, at a
1:1 value or better, any trees removed and not replanted on the adjacent property (Lot 9 Block
3 Benchmark at Beaver Creek) and to properly screen the Eagle Valley Trail;
(4) The fence design will be presented to Planning staff for approval before its construction; and
(5) All lighting on the property shall comply with Avon’s Dark Sky Ordinance before a final
Certificate of Occupancy will be issued.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________DATE: ___________________
PZC Chairperson
SIGNED COPY OF FILE
Attachment D
Eagle County Housing Task
Force
Molly Morales
Chris Romer
Elyse Howard
Esgar Acosta
George Ruther
Greg Moffet
Jason Cowles
Kim Williams
Kristin Williams
Michael Glass
Mick Daly
Scot Hunn
Steve Spessard
Bobby Lipnick, Co-Chair
Michael Hazard, Co-Chair
Purpose
●Provide feedback from private sector professionals (developers, planners,
architects, financiers) during roundtable interviews
●Share recommendations from the Eagle County Housing Task Force
(ECOHTF) for breaking down barriers in the hopes of increasing the
supply of both deed-restricted and local, resident-occupied housing
●The Task Force is requesting the support of leadership throughout the Valley
to consider the input from the private sector professionals and to
implement changes in your jurisdiction which break down barriers which
impede your housing goals
Background
●The lack of supply of housing in the Eagle River Valley is likely due to our
culture, policies, processes and regulations being aligned such that they do
not deliver the housing needed
●The ECOHTF believes significant changes in our systems are needed
●The Task Force values the importance of the private sector in achieving the
community’s housing goals
●The Task Force and Eagle County leadership both understand that the
public sector cannot solve the housing challenges without the support
and participation of the private sector
Successes
●Town of Vail (TOV) is an example of
a progressive, customer service-
oriented organization
●TOV’s Housing Department was
credited for successful PPP (Vail
Indeed and Chamonix)
●Public-private partnerships included
fee waivers and expedited
processes cited as successful
models to emulate
Chamonix
Barriers: Culture
●Inadequate staffing capacity and lack of experience and knowledge
about land development
●Too much involvement from attorneys
●Lack of accessibility to staff and leadership
●Lack of accountability-staff indifferent to delays and mistakes that cost time
and money
Barriers: Culture
●Lack of leadership-decision makers are indifferent to process and staffing
obstacles
●Staff and decision makers often unaware of private sector goals, realities and
risks involved in development
●Excessive civil engineering details too early in projects-affects timing and
feasibility to meet market demands
●Lack of trust-staff not empowered by leadership to make interpretations
and think outside the box
Barriers: Process
●Process is too formal and cumbersome; not understandable by lay people or
even developers
●Process is unpredictable
●Over reliance on attorneys and overly conservative interpretations-operating
out of fear of setting precedent
●Policies misaligned with regulations and processes
●NIMBYs have disproportionate impact on decision makers
Recommendations
●The ECOHTF recommends during the pre-application stage of a project
to solicit public input in a public forum to aid understanding of projects
and address NIMBYism
●Projects must embody better quality and innovation (not an eye sore)
envisioned by the Community that rewards the risk taken by the private
sector
●Streamline documents and provide a clear alignment between culture,
policies, processes and regulations
●Educate developers on process and housing requirements
Recommendations
●Provide leadership training to housing advocates
●Structure fees and waivers to align with housing policies and requirements
●Provide proper resources to ensure reasonable and timely access to staff and
decision makers
●Shorten review times (not cut out any steps)
●Build trust and understanding between the public and private sectors
Recommendations
●Host regular symposiums and workshops with industry leaders to educate the
Eagle River Valley on best practices
●Create and allow for conceptual reviews to identify “fatal flaws” and set
predictable requirements and timelines prior to detailed reviews
●Private sector must take leadership roles and get involved in policy
formation
●Ensure portfolio lender and secondary market lenders are involved early in
the process
●Finance community should work with the housing authority to develop best
practices for financing
Conclusions
●Process needs to be predictable, consistent, streamlined and aligned
with affordable housing policies
●Culture and organizational capacity must be trust based, solution
oriented,customer focused and aligned with housing and
development policies
●Knowledge and resources need to be shared and communicated
Questions
&
Suggestions?
970-748-4004 eheil@avon.org
970-300-4373 pwisor@garfieldhecht.com
TO: Honorable Mayor Smith Hymes and Councilmembers
FROM: Eric Heil, Town Manager; Paul Wisor, Town Attorney
RE: Avon Deed Restriction Program Work Session
DATE: February 19, 2020
SUMMARY: Housing prices in Avon continue to escalate which increases affordability challenges for persons
who desire to live in Avon. The 2018 Town of Avon Community Housing Plan identifies a deed restriction
purchase program as one method by which Avon could promote affordability and the help permanent
residents purchase a home in Avon. A deed restriction purchase program also expands the permanent pool
of housing for full-time residents. Avon has a substantial stock of multi-family housing which presents greater
opportunities for creating more Community Housing stock compared to constructing new Community Housing
projects. “Community Housing” is a term defined in the Avon Municipal Code which means housing that is
subject to a deed restriction enforceable by the T own and which limits the usage of a residence to full -time
residents.
This report outlines the background behind deed restricted purchase programs, including the Vail InDeed
program, discusses the provisions of a proposed Avon Deed Restricted Program and outlines policy
considerations for Council. Council input and direction is requested.
BACKGROUND: Since the end of the Great Recession, jobs and population have been growing much more
rapidly than housing inventory. With the Eagle County Adjusted Median Income (“AMI”) currently at $83,803,
the median price for a home in Avon of $673,000 is nearly twice as expensive as a home most Eagle County
residents can afford. Given the disparity between income levels and housing costs, full-time residents have
difficulty finding affordable housing, employers have difficulty in filling job vacancies, and many employees
choose housing in down valley communities which results greater commute times. In fact, the average
commute for Eagle County is 40 miles per day, which is twice the statewide average.
The 2017 Town of Avon Comprehensive Plan sets forth the goal of achieving a diverse range of housing
densities, styles and types, including rental and for sale, to serve all segments of the population. The 2018
Town of Avon Community Housing Plan specifically identifies a deed restriction program as a strategy to
maintain attainable market rate housing at affordable rates.
VAIL IN-DEED PROGRAM: In 2017, the Town of Vail created its own deed restriction purchase program
known as Vail InDeed (“InDeed”). Under the InDeed program, the Town of Vail pays owners a portion of a
home’s value in exchange for a deed restriction which restricts future use of the unit. In the case of the
InDeed, the deed restriction provides the home must be occupied by people who work at least an annual
average of 30 hours per week in Vail or Eagle County. As of the end of 2019, the Town had spent m ore
than $9 million to purchase 134 deed restrictions.
Under the InDeed program, a typical applicant applies to the Town for funding the purchase of a new
home. The Town of Vail will provide funding between 15% and 18% of the purchase price of the ho me to be
acquired. The average amount provided to an applicant by the Town of Vail through the InDeed program
has been $67,300. However, per Town of Vail policy, the Town of Vail may purchase a restriction for as
much as $200,000. Typically, these funds are used by the applicant for a down payment on a home, but in
some cases applicants use the money for home improvements. There are, however, no restrictions on the
use of funds once the funds are wired to the applicant at closing.
Page 2 of 5
In addition to providing funding in connection with the acquisition of a new home, a current homeowner
can apply to have their home placed into the InDeed program. If the Town of Vail determines it is in the
Town’s best interest to have the unit available only to Eagle County employees, the Town of Vail will purchase
a deed restriction under the same parameters outlined above.
Avon staff has discussed the InDeed program at length with Town of Vail staff as well as lenders,
mortgage brokers, real estate agents, appraisers, applicants and attorneys, and believes the Town of Vail
has established an excellent model for Avon to follow.
FINANCIAL CONSIDERATIONS: Avon’s Affordable Housing Fund was established to receive payments
associated with the Westin Riverfront development as well as The Ascent. Rental revenues from the Town-
owned Sherwood Meadows condominium and the Wildridge Fire Station have also been placed in the
Affordable Housing Fund. The Avon 2020 budget estimates there is approximately $999,000 available for
affordable housing purposes in the Affordable Housing Fund. Some or all of these funds could be dedicated
towards an Avon Deed Restriction Program. For context, the Town of Vail has dedicated $2.5 million in its
2020 budget to go towards deed restriction purchases through the InDeed program.
If all existing Community Housing funds were allocated towards an Avon Deed Restriction
Purchase Program, Avon could afford to purchase approximately 13-15 Deed Restrictions. An
effective Deed Restriction Purchase Program that purchased 30 deed restrictions per year with a goal
to increase the deed restricted housing stock in Avon by 300 residences in ten years would require
approximately $2 million dollars in funding per year.
PROPOSED AVON DEED RESTRICTION PROGRAM: Based off of the InDeed model, Staff has compiled
all the documentation necessary to begin an Avon Deed Restriction Program, including an Application
(Attachment A), Staff Application Evaluation (Attachment B), Deed Restriction Purchase Agreement
(Attachment C), Deed Restriction (Attachment D), Subordination Agreement (Attachment E), and Closing
Instructions (Attachment F).
The Avon Deed Restriction Program documentation provides any Eagle County Employee (the definition
of which mirrors the definition established by Council for the Real Estate Transfer Tax [“RETT”] exemption)
may apply to place their property in the deed restriction program. Businesses that own a property within Avon
and who operate in Eagle County and rent the ir property to its employees who are Eagle County Employees
are also eligible to apply.
After applying to the program, the applicant negotiates with the Town as to the value of the deed
restriction. Once a price is determined, the applicant and the Town execute a Deed Purchase Agreement
for the amount of the deed restriction as well as the deed restriction. Under the proposed form deed
restriction, there is no price appreciation cap. In addition, the owner may occupy the home or rent it to other
individuals so long as one or more Eagle County Employees occupy the residence. However, short term
rentals and use of the property as a second home is prohibited.
The property may not be sold or otherwise transferred to anyone other than an Eagle County Employee
or an Eagle County business renting to Eagle County Employees. The seller must notify the Town it intends
to sell its deed restricted unit, and the Town must confirm the proposed buyer is eligible to purchase under
the terms of the deed restriction. It is important to remember the deed restriction survives the transfer and
remains with the property forever.
Page 3 of 5
Among other things, an owner is in default under the deed restriction in the event the owner conveys the
property to an individual not eligible to own the property under the deed restriction, transferring the property
prior to obtaining the Town’s certification of the transfer, failing to rent the property in accordance with the
deed restriction or failing to make applicable mortgage payments. In the event Staff finds an owner in default
under the deed restriction, the owner has sixty-five (65) days to cure the default, and may appeal to Town
Council. The Town may pursue specific performance and other remedies at law in the event of default, and
the owner will be subject to liquidated damages of $300 for each day the owner is in violation of the deed
restriction.
In the event an owner defaults on their mortgage and the lender initiates foreclosure proceedings, the
Town may make payments on behalf of the owner to avoid foreclosure. In the event of foreclosure, the deed
restriction will remain in place, except if the property is subject to a HUD loan, in which case, pursuant to
federal rules and regulations, the deed restriction is extinguished. However, the Town will have the option to
purchase the property thirty (30) days after the issuance of the public trustee’s deed.
COUNCIL POLICY CONSIDERATIONS: The attached documents provide a basis for an Avon Deed
Restriction Program. Several policy considerations are highlighted below for Council’s discussion. The se
documents will be modified to incorporate Council’s direction.
Deed Restriction Purchase Price Parameters – As noted above, the Town of Vail has set the market for a
deed restriction at 15% to18% of a home’s value. As a practical matter, this range effectively serves as the
down payment on the home. The fact that it does not go to the 20% down payment traditionally required for
a down payment speaks to the overall expectation applicants put some money in the home.
Staff’s research indicates that the placement of a deed restriction on a property decrease the resale value on
a property anywhere from 5% to 20% due to the decreased pool of eligible buyers. This amount changes
based on the value of the home with the impact being less significant on lower priced homes. Therefore, in
establishing parameters for a purchase price, Avon needs to consider the current market rate for deed
restrictions as well as the financial realities for an applicant contemplating selling a deed restriction to Avon.
Staff recommends the Town purchase price of a deed restriction should be at 15% to 18% of the purchase
price of a home while noting not every applicant need not receive the full 18%.
Transaction Cap – The Town of Vail has capped the maximum amount at which it will purchase a deed
restriction at $200,000. Given the disparity in budgets as well as market prices, this cap appears too high for
Avon. However, a transaction cap does seem prudent. Given the current median home price of an Avon
home of $673,000, the transaction cap could be placed at $121,140, or 18% of the median home price.
Consistent with Council’s recent decision to cap of the Primary Residence Exception to the RETT at
$700,000, the transaction cap for the Avon Deed Restriction Program could be similarly capped at $126,000,
or 18% of $700,000. This cap seems appropriate as the Town of Avon Community Housing Plan emphasizes
the need to provide relief for those below Eagle County’s Adjusted Median Income as well as the “Missing
Middle.” However, the Housing Fund is not unlimited, so a cap of $75,000 would allow more people to
participate in the program. Although such cap would serve as an 18% down payment on a $416,000, well
below the median house price, such an amount is not insignificant, and at lower price points the impact of
the deed restriction on resale of a home is less significant. Staff recommends a cap of $100,950 (15% of
the median home price of $673,000).
Multiple Properties – As the Avon Deed Restricted Program is currently written, and as InDeed currently
operates, it is possible for an individual to apply for funding on multiple properties so long as those properties
Page 4 of 5
are rented to Eagle County Employees. In one respect, there is nothing wrong with this approa ch as it
ensures those properties will always house local residents. Conversely, it seems Avon would be subsidizing
an individual’s rental business, and there is no guarantee the property is rented at attainable prices. Staff
recommends limiting participation in the program to one property per individual at a time. Council
may desire to allow an Avon based business to purchase multiple residences with deed restrictions
for its employees.
Rentals – As currently written, an owner may rent their property so long as an Eagle County Employee uses
the property as their primary residence. Some have argued the deed restriction should only permit owner -
occupied units. While this may be practical initially, at some point the owners of deed restricted properties
may wish to move to different homes within the community. In a down economy, a move may be feasible
possible, but selling the property may not make economic sense. So long as the property is being rented to
an Eagle County Employee, the goal of providing local long-tern housing is likely being met. Staff
recommends permitting owners to rent deed restricted properties.
Short-Term Rentals – During the recent discussion related to the Primary Residence Exemption to the
RETT, Council noted it is common for Avon residents to short-term rent rooms within their home, which
enables the owners to more easily afford their mortgage payments. This would be prohibited under the
current documents. As with applicants applying Town funds to multiple properties, permitting short -term
rentals even where the owner occupies the home appears to create a scenario under which the Town is
subsidizing a business rather than a long-term housing solution. Staff recommends not allowing short-
term rentals under any circumstances.
Buyout Provision – Some potential owners have proposed the deed restriction extinguishes if the owner is
unable to sell the property at fair market value, or a to -be-determined percentage of fair market value, after
a period of one year. Some lenders have proposed the same approach if the lender take s possession post-
foreclosure. Such owners and lenders feel the risk in participating in the program would be reduced if such
a provision were in the deed restriction. The purpose of the deed restriction is for the Town to increase
housing option throughout the community, not make real estate a safe investment. Staff recommends
against a buyout provision.
Right of First Refusal – Under the InDeed approach, the Town of Vail has a right of first refusal if an offer
is made on a deed restricted property. This allows the Town of Vail to control the housing stock and direct
who occupies some homes. The Town of Avon does not necessarily have the financial capacity to purchase
homes. Staff recommends not having a right of first refusal provision.
Administering Applications – There are a limited number of deed restrictions the Town can purchase based
on available financial resources. Applications can be considered on a first come, first served basis or the
Town could establish a lottery. Staff does not anticipate it will receive more applications than it can
accommodate and administer. However, given the Town discontinued its employee down payment
assistance program, it has been suggested the program be limited to Town employees. Staff recommends
processing applications as they are received.
Town Employees - Town previously had an employee down payment assistance fund which was
discontinued approximately six years ago. Council may wish to consider providing a preference or set
aside of Community Housing funds to assist Town employees with purchasing a deed restri cted
residence in Avon.
Page 5 of 5
Subordination Agreement: In the event a current homeowner wishes to place a deed restriction on their
home for the purpose of acquiring additional funds for a home improvement or other reasons, the InDeed
program requires the lender who provided the mortgage on the original acquisition of the home to sign a
Subordination Agreement. This Subordination Agreement essentially acknowledges the deed restriction and
places the Town of Vail’s interests ahead of the lenders even though the lender did not provide the mortgage
with the deed restriction in mind. Larger financial institutions who sell mortgages on the secondary market
are unable to sign the Subordination Agreement at the moment; though, small institutions in Eagle County
are will to execute such agreements. Staff is working with secondary mortgage market participants to create
an alternative agreement. Staff recommends continuing to find a solution for larger financial
institutions, but proceed with the program without a solution in place.
Name: Staff recognizes “Avon Deed Restricted Program” does not have any flow or ring to it. The program
could be called “Avon In-Deed” to follow Vail’s program or could be called something else unique to Avon.
Due to the similarity to the Vail In-Deed program, recognition of the Vail In-Deed program with financial
institutions and brokers in the Vail Valley, and in the spirit of that imitation is the highest form of fla ttery, Avon
In-Deed seems like an appropriate name for Avon’s program.
REQUESTED ACTION: Staff requests direction on the policy areas highlighted above as well as an y
comments to the documentation provided.
Thank you, Eric and Paul
ATTACHMENTS:
Attachment A – Application
Attachment B – Staff Application Evaluation
Attachment C – Deed Restriction Purchase Agreement
Attachment D – Deed Restriction
Attachment E – Subordination Agreement
Attachment F – Closing Instructions: Memorandum of Acknowledgement
________________________________________________________________________
100 Mikaela Way Finance Department
Avon, Colorado 81620 970.478.4000
Application
Date: ______________________________________________
Your name: ______________________________________________
Provide name(s) as title to property will be or is held
Your current mailing address: ______________________________________________
Your e-mail: ______________________________________________
Your phone: ______________________________________________
How much money are you requesting? $_____________________________________________
Avon property address to be deed restricted: ______________________________________________
Property Type: ☐ Single Family ☐ Condo ☐ Townhouse ☐ Duplex
Number of bedrooms/bathrooms: ________________Bedrooms_______ ______Bathrooms
Number of unit parking spaces;
total property parking spaces: ______________________________________________
Do you own this property
or are you purchasing it? ☐ Own This Property ☐ Purchasing This Property
If purchasing are you under contract?
If so what is the contract or list price: ______________________________________________
Do you have a closing date or
date decision is needed? ______________________________________________
If you own the property is there a
mortgage or other liens? ______________________________________________
Is there a Home Owner’s Association? ☐ Yes, there is an HOA ☐ No, there is no HOA
Is there any pending or upcoming
special assessments (SA’s)? ☐ Pending SA ☐ Upcoming SA ☐ No SA
Is there a right of first refusal? ______________________________________________
The Town cannot place a deed restriction on property with right of first refusal
Do you intend to live in the property?
Or rent? ☐ Live in this property ☐ Rent this property
Have you notified your Lender and
Appraiser of your intent to place a
Deed Restriction on the Property?
Is there additional property information
You wish to share? (optional): ______________________________________________
Avon Deed Restriction
Program
Application
Attachment A
_______________________________________________________________________________
100 Mikaela Way Finance Department
Avon, Colorado 81620 970.478.4000
Applicant: Review Date:
Property Address:
Y / N Supports and maintains a permanent year- round resident population that grows a diverse community where a
wide range of demographics, economics, occupations and family household sizes are served.
Y / N Amplifies “missing middle” in Avon.
Y / N Demonstrated demand exists within the resident housing market for the type of residential product
(studio, flat, townhome, duplex, single family, etc.) that is to be deed restricted
Y / N Fulfills a demonstrated need within a defined segment (i. e. for rent, for sale, owner occupied, etc.) of the residential
property mark et.
Y / N The mark et value of the deed restriction is comparable in value to other existing deed restrictions within the
community as demonstrated by a licensed real estate appraiser.
Y / N Most cost effective and efficient use of the Town's limited supply of financial resources
Y / N Fair market value is paid for the deed restriction relative to current market conditions (i. e. supply &
demand)
Y / N Site Visit
Unit Condition:_________________________________________________________________________________
Current Unit Use: ______________________________________________________________________________
Neighborhood Sales Search _____________________________________________________________________
Town of Avon Offer: _______________ Applicant Counter: ________________ Agreed Amount: ________________
Avon Deed Restriction
Program
Staff Review
Attachment B
DEED RESTRICTION PURCHASE AGREEMENT
THIS DEED RESTRICTION PURCHASE AGREEMENT (the "Agreement") is entered into
this day of , 2020 (the "Effective Date") by and between the Town of
Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, Avon,
Colorado 81620 (the "Town"), and , individuals with and address of
_____________________ (collectively, “Purchaser”) (each individually, a “Party” and
collectively the “Parties”).
WHEREAS, Purchaser is purchasing the real property and the improvements situated thereon,
located at , Avon, Colorado 81620 (the “Property”);
WHEREAS, in exchange for compensation as set forth herein, Purchaser has agreed to place
certain restrictions on the use of the Property for the benefit of the Town by requiring occupancy
of the Property by at least one qualified resident, as set forth in the Deed Restriction Agreement
executed contemporaneously herewith (the "Deed Restriction"); and
WHEREAS, the Deed Restriction is of value to the Town, and the Town is willing to
compensate Purchaser for the value of the Deed Restriction.
NOW , THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows:
1.Conveyance. Purchaser agrees to convey, sell, transfer and assign to the Town, and the
Town agrees to purchase from Purchaser, the Deed Restriction, on the terms and conditions of this
Agreement.
2.Purchase Price. The purchase price for the Deed Restriction shall be $ (the
"Purchase Price"), delivered to Purchaser at closing in funds which comply with all applicable
Colorado laws, which include electronic transfer funds, certified check and cashier's check, at the
Town's option.
3.Closing. The closing will occur at a mutually agreeable location, at a date agreed upon by
the Parties within 14 days of the Effective Date.
4.Notice and Consent. Purchaser certifies that Purchaser has notified every person or
entity holding a lien or other encumbrance on the Property as well as every person or entity
Purchaser reasonably believes will hold a lien or encumbrance on the Property of the proposed
purchase of the Deed Restriction by the Town, and if necessary, obtained each of their consent to
the recording of the Deed Restriction against the Property. Should Purchaser not provide
such notice or obtain such consent, and Purchaser's failure to do so causes the Deed Restriction
to become unenforceable, invalid or void for any reason, Purchaser shall reimburse the entire
Purchase Price to the Town within 30 days of receipt of written notice from the Town.
5.Purchaser's Representations and W arranties. Purchaser hereby represents and warrants that
the following statements are now, and will be as of the closing date, true and correct, to the best of
Purchaser's knowledge, and Purchaser shall give the Town prompt written notice if any of the
representations or warranties made by Purchaser in this Agreement are no longer true or correct in
Attachment C
any material manner:
a.There is no action, suit or proceeding pending, or to the best of Purchaser's
knowledge threatened, against or otherwise affecting Purchaser or the Property in any court of law
or equity, or before any governmental authority, in which an adverse decision might materially
impair Purchaser's ability to perform its obligations under this Agreement.
b.There is no pending or threatened condemnation or similar proceeding affecting the
Property.
6.Town's Remedies. In the case of any breach of this Agreement by Purchaser, the Town
may terminate this Agreement by written notice to Purchaser, and the Town shall have all remedies
available at law or equity for such breach. In addition to all other remedies, in the case of a breach
of this Agreement by Purchaser, the Town shall have the right to recover the entire Purchase
Price from Purchaser, in addition to all costs and fees, including attorney fees, incurred by the
Town.
7.Miscellaneous.
a.Entire Agreement. This Agreement contains the entire agreement of the Parties.
There are no other agreements, oral or written, and this Agreement can be amended only by written
agreement signed by the Parties.
b.Agreement Binding; Assignment. This Agreement, and the terms, covenants,
and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal
representatives, successors, and assigns of the Parties.
c.Notice. Any notice under this Agreement shall be in writing, and shall be deemed
sufficient when directly presented or sent pre-paid, first class United States Mail to the Party
at the address set forth on the first page of this Agreement.
d.Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Colorado, and any legal action concerning the provisions hereof shall be brought
in Eagle County, Colorado.
e.Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall
remain in full force and effect.
f.Third Parties. There are no intended third-party beneficiaries to this Agreement.
Attachment C
g.Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado
Constitution, any financial obligation of the Town not performed during the current fiscal year is
subject to annual appropriation, shall extend only to monies currently appropriated, and shall not
constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year.
h.Governmental Immunity. The Town and its officers, attorneys and employees, are
relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary
limitations or any other rights, immunities or protections provided by the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its
officers, attorneys or employees.
IN W ITNESS W HEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF AVON, COLORADO
ATTEST:
Eric Heil, Town Manager
Brenda Toress , Town Clerk
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was subscribed, sworn to and acknowledged before me this
day of , 20 , by .
Witness my hand and official seal.
Notary Public
(S E A L)
My commission expires:
Attachment C
PURCHASER
__________________________________
Name: ____________________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was subscribed, sworn to and acknowledged before me this
day of , 20 , by .
Witness my hand and official seal.
Notary Public
(S E A L)
My commission expires:
Attachment C
Page 1 of 12
Town of Avon – “Avon Indeed” Deed Restriction
TOWN OF AVON - RESIDENT OCCUPIED
“AVON IN-DEED” DEED RESTRICTION
NON-PRICE CAPPED
THIS DEED RESTRICTION PURCHASE AGREEMENT (the “Deed Restriction”) is entered
into this day of , 2020 (the “Effective Date”) by and between the Town
of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O.
Box 975, Avon, Colorado 81620 (the "Town"), and , individuals with an
address of ________________________, Avon, Colorado 81657 (collectively "Declarant")
(each individually a "Party" and collectively the "Parties").
WHEREAS, Declarant is purchasing the real property and the improvements situated thereon,
located at ___________________, Avon, Colorado 81620 and more particularly described in
Exhibit A hereto (the “Property”); and
WHEREAS, in exchange for compensation as set forth in a Deed Restriction Purchase
Agreement, Owner has agreed to place certain restrictions on the use of the Property for the benefit
of the Town by requiring occupancy of the Property by at least one qualified resident, as defined
below.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows:
COVENANTS
1.Restriction and Recording. The Property is hereby burdened with the covenants and
restrictions specified in this Deed Restriction. The Town shall record this Deed Restriction against
the Property at Declarant’s expense.
2.Definitions. The following definitions shall apply to terms used in the Deed Restriction:
a.Eagle County Employee means an employee working in Eagle County who works an
average of at least thirty-two (32) hours per week for at least eight (8) months in each
calendar year 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-two
(32) hours per week for at least eight (8) months in each calendar year ; or a person who
derives income from self-employment whose business is situated in Eagle County; or a
person who works for an employer outside Eagle County if that person can demonstrate
that such residence is the primary residence for that person.
b.Owner means any person who acquires an ownership interest in the Property, subject to
the conditions contained herein, and may include either a Qualified Owner or Non-
Qualified Owner, as the context requires.
i.Qualified Owner means (1) a natural person who is an Eagle County Employee; or
(2) an owner of a business, business entity or organization (including for profit,
Attachment D
Page 2 of 12
Town of Avon – “Avon Indeed” Deed Restriction
non-profit, public and governmental entities) with operations located within the
boundaries of Eagle County who intends to rent or provide rent-free the Property
to an employee (or employees) who is an Eagle County Employee, and in each case
who possesses an ownership interest in the Property in compliance with the terms
and provisions of this Deed Restriction and whose qualifications to own the
Property have been certified by the Town at the time the Owner takes title to the
Property.
ii.Non-Qualified Owner means any person who does not meet the definition of
Qualified Owner including persons who originally qualified as a Qualified Owner
but whose circumstances change and who no longer meet the definition of Qualified
Owner.
c.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; stated
residence for income and tax purposes; and such other circumstances as well as such
processes for verification and investigation deemed appropriate by the Town Manager to
determine that the applicant is continuously occupying and using the residence as a
primary residence. Primary residence status may be maintained if unforeseen
circumstances arise that requires the resident Eagle County Employee to temporarily
leave the residence for a period not to exceed nine (9) months with the intent to return,
and the residence is leased to another Eagle County Employee(s) after receiving written
approval from the Town Manager.
d.Second Home shall mean the status of the Property when used by any person who has a
primary residence that is other than the Property.
e.Short Term Rental shall mean the rental or lease of the Property for a period of time that
is fewer than thirty (30) days.
f.Town shall include employees of the Town of Avon or subcontractors retained by the Town
who are tasked with enforcing Deed Restriction agreements.
3.Ownership and Use of the Property.
a.Notice. Prior to acquiring the Property, Declarant acknowledges Declarant is required to
notify any lender or appraiser engaged by Declarant, or otherwise assisting Declarant, in
connection with the acquisition of the Property of Declarant’s intent to enter into this Deed
Restriction and cause such Deed Restriction to be recorded against the Property.
b.Ownership. Ownership of the Property shall be limited to a Qualified Owner (who may
take title with such Qualified Owner’s spouse or civil union partner [if the Qualified Owner
is a natural person who is an Eagle County Employee] and/or with a co-signor if the co-
Attachment D
Page 3 of 12
Town of Avon – “Avon Indeed” Deed Restriction
signor is signing for the sole purpose of facilitating the financing qualifications of the
Qualified Owner and signs an affidavit that the co-signor is not a co-purchaser for
investment or resale purposes).
c.Occupancy and Use. Occupancy and use of the Property shall be limited to one or more
Eagle County Employees for occupancy and use as a Primary Residence. Permitted
occupancy and use shall include immediate family members of such Eagle County
Employee or Employees and temporary invitees who do not provide compensation for
temporary residence at the Property. Any lease of the Property by the Owner shall be to
an Eagle County Employee or Employees for use as a Primary Residence for periods of
thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short
Term Rental is prohibited. Any use or lease of the Property which is not allowed or is
prohibited by this Deed Restriction shall constitute a default and shall be subject to the
enforcement provisions and remedies contained in this Deed Restriction.
d.It shall not be deemed a violation of Sections 3.a or b. above if
i.The resident Eagle County Employee becomes disabled and is no longer able to work
as determined by the Town in its sole exclusive discretion; or
ii.The resident Eagle County Employee has lost full-time employment and is actively
seeking reemployment, not to exceed ninety (90) days after loss of employment; or
iii.The Property is unoccupied and the Owner of the Property is actively seeking to sell
or lease the Property to an Eagle County Employee, provided that the period of
vacancy of the Property shall not exceed twelve (12) months.
e.Owner covenants that the Owner shall not permit any occupancy, use or lease of the
Property in violation of this Section 3.
f.Owner covenants that any lease of the Property shall include a reference that such lease
is subject to the terms and conditions of this Deed Restriction, including but not limited
to restrictions on the use and occupancy of the Property and cooperation on providing
required documentation for verification of Eagle County Employee and Primary
Residence status.
g.No later than February 1st of each year, the Owner of the Property shall submit to the
Town a certification setting forth evidence establishing that the Property’s occupancy
and use complies with this Deed Restriction on a form provided by the Town, which form
shall be sent to the address of record of the Owner according to the Eagle County
Assessor’s Office.
4.Re-Sale Controls. The Property may not be sold or otherwise transferred to any person
other than a Qualified Owner in accordance with the procedures for prior verification contained in
this Section 4.
Attachment D
Page 4 of 12
Town of Avon – “Avon Indeed” Deed Restriction
a.Owner shall deliver to the Town a written notice of intent to sell the Property which notice
shall include the name(s) of the buyer(s) and all information required to determine whether
the buyer(s) meets the definition of Qualified Owner.
b.Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND
FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a
determination as to whether a prospective Buyer(s) meets the definition of a Qualified
Owner. The administrative fee may be increased by the Town Council over time by an
amount equal to annual increases in the Consumer Price Index for All Urban Consumers
for the Denver-Aurora-Lakewood, Colo., metropolitan area as defined by the United States
Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the
United States Bureau of Labor Statistics for Colorado) to cover the Town’s costs associated
with processing the application.
c.Once the Town has received complete information concerning the prospective Buyers(s)
and has received the administrative fee, the Town shall review the information and make a
written determination as to whether the buyer(s) meets the definition of a Qualified Owner
within a reasonable time and not to exceed thirty (30) days.
d.The Town may require the Buyer to reimburse the Town for any additional costs that are
incurred in the review and determination of whether a buyer(s) meets the definition of a
Qualified Owner, including but not limited to legal costs, title review costs, and
investigation costs if reasonably required by the Town to complete its investigation.
e.The Owner may sell and convey the Property to the Buyer(s) that is determined in writing
by the Town to be a Qualified Owner.
5.Default by Owner. If the Town has reasonable cause to believe that the occupancy or use
of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the
Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing
the Owner and occupants with at least twenty four (24) hours written notice. Notice to the
occupants may be given by posting notice on the door to the Property. This Deed Restriction shall
constitute permission to enter the Property during such times upon such notice without further
consent. A default by Owner shall include breach of the covenants set forth in this Deed
Restriction, including without limitation any of the following:
a.Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner.
b.Acceptance of the Property by a person or entity that is not a Qualified Owner.
c.Transfer or conveyance of the Property to a person who is a Qualified Owner prior to
obtaining certification from the Town that such person is a Qualified Owner.
d.Any ownership, use or occupancy of the Property in violation of Section 3 above,
including, without limitation, any lease of the Property to a person or entity that is not an
Eagle County Employee.
Attachment D
Page 5 of 12
Town of Avon – “Avon Indeed” Deed Restriction
e.Failure to submit an annual certification of occupancy and use as described in Section 3.f
above.
f.Failure to make payments and comply with the terms of any deed of trust placed on the
Property.
g.Any action by the Owner to encumber the Property in a manner that conflicts with the
terms of this Deed Restriction or renders compliance with the terms of this Deed
Restriction impossible or impractical.
h.Permitting the use of the Property as a Short Term Rental or Second Home.
6.Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town
shall send a written notice of default to the Owner detailing the nature of the default and providing
sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any
other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental
or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner
may request an appeal of the violation finding in writing within ten (10) days of such notice, in
which event the Town shall administratively review the finding and, if the violation finding is
upheld, the Owner may request in writing within ten (10) days of such administrative decision a
hearing before the Avon Town Council. A decision of the Avon Town Council may only be
judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106.
If no administrative or Town Council appeal is timely requested in writing and the violation is not
cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be
in violation of this Deed Restriction. If an administrative or Town Council appeal is requested,
the decision of the Avon Town Council (or administrative decision if such decision is not timely
appealed to the Town Council) shall be final for the purpose of determining if a violation has
occurred and, if such violation is not cured within sixty-five (65) days of such final determination,
the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon
Town Council is judicially appealed, an order of the Court confirming the violation shall be final
for the purpose of determining if a violation has occurred and, if such violation is not cured within
sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this
Deed Restriction.
In the event of any lease to a person who is not an Eagle County Employee or use of the Property
as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value
by the Owner or assigns under such leases shall be paid to the Town as a material requiremen t of
curing the notice of default.
7.Remedies. In the event of violation, non-performance, default or breach of any term of this
Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein
by an action for any equitable remedy, including injunction or specific performance, as well as
pursue an action to recover damages. In addition, any amount due and owing to the Town shall
bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per
annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs
related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court
Attachment D
Page 6 of 12
Town of Avon – “Avon Indeed” Deed Restriction
filing costs and county recording costs. In addition to any other remedy provided by law or equity,
the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien
in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-
20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due
to the Town. In the event of a transfer or conveyance of the Property which violates the terms of
this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and
grantee shall be jointly and severally liable for any damages and costs due under this Deed
Restriction.
8.Liquidated Damages. The parties acknowledge and agree that in the event of a violation of
this Deed Restriction by the Owner, the determination of actual monetary damages would be
difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall
be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for
each day that the Owner is in violation of this Deed Restriction after having failed to timely cure
the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s
ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to
the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event
of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected
or receipt of other things of value by the Owner or assigns under such leases shall be paid to the
Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated
damages), including such amounts collected or received by Owner prior to receipt of a Notice of
Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in
addition to the right of the Town to recover costs and seek equitable remedies.
9.Release of Deed Restriction in Event of Foreclosure or Deed in Lieu.
a.An Owner shall notify the Town, in writing, of any notification received from a lender of
past due payments or defaults in payments or other obligations within five (5) days of
receipt of such notification.
b.An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under
the first deed of trust or any other subordinate security interest in the Property, or when any
payment on any indebtedness encumbering the Property is required to avoid foreclosure of
the first deed of trust or other subordinate security interest in the Property.
c.Within sixty (60) days after receipt of any notice described herein, the Town may (but shall
not be obligated to) proceed to make any payment required to avoid foreclosure. Upon
making any such payment, the Town shall place a lien on the Property in the amount paid
to cure the default and avoid foreclosure, including all fees and costs resulting from such
foreclosure.
d.Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f
below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or
assignment, this Deed Restriction shall remain in full force and effect, including without
limitation Section 4 hereof, restricting Transfer of the Property.
Attachment D
Page 7 of 12
Town of Avon – “Avon Indeed” Deed Restriction
e.The Town shall have thirty (30) days after issuance of the public trustee’s deed or the
acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering
to the holder, in cash or certified funds, an amount equal to the bid price or the redemption
price paid by the holder, interest in the amount of eight (8) percent per annum from the
date of the issuance of the public trustee’s deed or the recording of a deed in lieu of
foreclosure through the date of the Town’s purchase.
f.Notwithstanding Section 9.d above, in the event that the Property is encumbered by a
mortgage or deed of trust insured by the U.S. Department of Housing and Urban
Development (“HUD”) and representing a purchase money first priority mortgage or deed
of trust, this Deed Restriction shall automatically and permanently terminate upon
foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of
foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or
deed of trust to HUD.
10.Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt
of a notice of foreclosure or other notice of default provided by the holder of a deed of trust , lien
or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have
the option to purchase (“Option to Purchase”) the Property in accordance with the procedures
and terms set forth as follows:
a.The Town shall have an Option to Purchase for sixty-five (65) days (“Option Period”).
b.The Town shall have right of entry onto and into the Property during the Option Period to
inspect the Property.
c.The Town shall have the right to purchase the Property for the amount due to the holders
of any deeds of trust, liens or other encumbrances up to the maximum amount defined in
Section 5.g. above (together with interest, fees and costs expressly chargeable under deed
of trust, lien or other encumbrance instrument), which amounts shall be paid in order of
priority of the holders of such deeds of trusts, liens or other encumbrances provided that
this Deed Restriction shall remain in effect and burden the Property after acquisition by the
Town and upon re-conveyance to a subsequent Qualified Owner.
d.The Town shall have the right to assign the Town’s right to purchase the Property to any
Qualified Owner provided that this Deed Restriction shall remain in effect and burden the
Property.
e.Upon payment by Town or assigns, Owner shall convey title to the Property by a special
warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include
the words, “and warrant title against all persons claiming under me.”
f.Normal and customary closing costs shall be shared equally between the Owner and Town
or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all
title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated
based upon taxes for the calendar year immediately preceding closing.
Attachment D
Page 8 of 12
Town of Avon – “Avon Indeed” Deed Restriction
g.If the Town or assigns do not exercise the Option to Purchase during the Option Period,
then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction
as provided in Section 9.d above, subject, however, to Section 9.f above. In the event that
Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure
or notice of default submitted by the holder of a deed of trust to the Town, then the Town
may unilaterally extend the Option Period until such time as Town, or assigns, exercise the
Option to Purchase or the Owner cures any and all defaults.
11.Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect,
shall run with and burden the land, and shall constitute a condition of the subdivision and land use
approval which shall survive and sale of the Property through a tax lien sale process.
12.General Provisions.
a.Severability. If any term, provision, covenant or condition of this Deed Restriction is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Deed Restriction shall continue and remain in full force and effect.
b.Counting Days. If the final day of any notice, default or other event falls on a Saturday,
Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon
Town Hall is closed for any reason, then the final day shall be deemed to be the next day
which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed.
c.Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall
be effective unless provided in writing. No waiver of any term or provision of this Deed
Restriction in any instance shall constitute a waiver of such provision in any other instance.
The Town Council may provide a waiver along with any conditions of the waiver with
regard to any of the terms and provisions in this Deed Restriction where unusual or
unforeseen circumstances exist and the Owner is diligently seeking to cure a default and
such waiver, with conditions if any, supports the purpose and intention of this Deed
Restriction.
d.Amendment. This Deed Restriction may only be amended in writing by the mutual
agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office
of Eagle County, Colorado.
e.Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle
County, Colorado and the original executed and record documents must be returned to the
Town.
f.Assignment. The Town may assign this Deed Restriction and all rights and obligations,
without consent of the Owner, to any other public entity, non-profit corporation or other
entity which is organized and exists for the purpose to provide and promote affordable
housing for full time residents.
Attachment D
Page 9 of 12
Town of Avon – “Avon Indeed” Deed Restriction
g.No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to
or shall create a contractual relationship with, cause of action in favor of, or claim for relief
for, any third party.
h.Choice of Law. This Deed Restriction shall be governed and construed in accordance with
the laws of the State of Colorado. Venue for any legal action arising from this Deed
Restriction shall be in Eagle County, Colorado.
i.Successors. Except as otherwise provided herein, the provisions and covenanted contained
herein shall inure to and be binding upon the heirs, successors and assigns of the parties.
The covenants shall be a burden upon and run with the Property for the benefit of the Town
or the Town’s assigns, who may enforce the covenants and compel compliance therewith
through the initiation of judicial proceedings for, but not limited to, specific performance,
injunctive relief, reversion, eviction and damages.
j.Section Headings. Paragraph or section headings within this Deed Restriction are inserted
solely for convenience of reference and are not intended to and shall not govern, limit or
aid in the construction of any terms or provisions contained herein.
k.Gender and Number. Whenever the context so requires in this Deed Restriction, the
neuter gender shall include any or all genders and vice versa and the use of the singular
shall include the plural and vice versa.
l.Notice. Any notice, consent or approval, which is required to be given hereunder, shall be
given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by
certified mail with return receipt requested; sending by overnight delivery with a nationally
recognized courier service that delivers to the physical address of the Property; or, by hand-
delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O.
Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the
address provided by the Eagle County Assessor’s office.
[signature page follows]
Attachment D
Page 10 of 12
Town of Avon – “Avon Indeed” Deed Restriction
IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day
and the year first written above.
OWNER:
[______________________________________]
[______________________________________]
By:_________________________________
Name: ______________________________
Its: _________________________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was subscribed, sworn to and acknowledged before me this ___
day of ____________________, 2020, by ___________________________________, as the
owner of the real property described above.
Witness my hand and official seal. ______________________________
Notary Public
My commission expires: ________________
Attachment D
Page 11 of 12
Town of Avon – “Avon Indeed” Deed Restriction
TOWN OF AVON, CO:
By:__________________________________ Attest:______________________________
Eric Heil, Town Manager Brenda Torres, Town Clerk
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
Subscribed before me this ______ day of _______________, 2020, by Eric Heil, as Town
Manager, and Brenda Torres, as Town Clerk of the Town of Avon, a Colorado home rule
municipal corporation.
Witness my hand and official seal. ______________________________
Notary Public
My commission expires: ________________
Attachment D
Page 12 of 12
Town of Avon – “Avon Indeed” Deed Restriction
Exhibit A
[Insert Property Legal Description]
Attachment D
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT (the "Agreement") is entered into this day of __
, 2020 (the "Effective Date") by and between the Town of Avon, Colorado, a Colorado home rule
municipality with an address of 100 Mikaela Way, Avon, CO 81620 (the “Town”), and ,
a financial institution with an address of _, , Colorado (“Lender”)
(each a "Party" and collectively the "Parties").
WHEREAS, the Deed Restriction Agreement dated 20 , recorded on
_______________ , 20__ under Reception No. ________________of the records of the Clerk and
Recorder of Eagle County, Colorado, as amended (the “Deed Restriction”) burdens the real property
more particularly described as );
WHEREAS, the owner of the Property has requested Lender to issue a loan secured by a deed of trust
encumbering the Property; and
WHEREAS, Lender is willing to subordinate the loan to the Deed Restriction under the terms of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein,
the sufficiency of which is mutually acknowledged, the Parties agree as follows:
1.Subordination. Lender unconditionally subordinates its lien under the deed of trust on the Property
issued by Lender on , 20 _ (the “Deed of Trust”) to the Deed Restriction. Lender agrees
that its lien on and all other rights and interests in the title to the Property resulting from the Deed of Trust will
remain subordinate to all rights and interests in the title to the Property resulting from the Deed Restriction,
regardless of any renewal, extension or further modification of the Deed of Trust.
2.Notice. If Lender accepts a deed in lieu of foreclosure of the Deed of Trust, Lender shall give
the Town written notice within 20 days after the deed is recorded with the Clerk and Recorder of Eagle County,
Colorado.
3.Miscellaneous.
a.Modification. This Agreement may only be modified by subsequent written agreement of the
Parties.
b.Integration. This Agreement and any attached exhibits constitute the entire agreement between
the Parties, superseding all prior oral or written communications.
c.Severability. If any provision of this Agreement is determined to be void by a court of
competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other
provisions shall remain in full force and effect.
d.Governing Law, Venue and Enforcement. This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the
appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite the
resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request
a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree the rule
providing ambiguities in a contract are to be construed against the drafting party shall not apply to the
interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit
or attachment, the language of this Agreement shall govern.
Attachment E
2
e.Agreement Binding; Assignment. This Agreement, and the terms, covenants, and conditions
herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors,
and assigns of the Parties.
f.Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a
contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any
agent, sub-consultant or sub-contractor of Contractor. Absolutely no third party beneficiaries are intended by
this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended
beneficiary only.
g.No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture
in any private entity or activity which participates in this Agreement, and the Town shall never be liable or
responsible for any debt or obligation of any participant in this Agreement.
h.Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient
when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the
first page of this Agreement.
i. Recording. This Agreement shall be recorded with the Eagle County Clerk and Recorder.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
TOWN OF AVON
___________________________________________
Eric Heil, Town Manager
ATTEST:
__________________________________________
Brenda Torres, Town Clerk
Attachment E
3
LENDER:
STATE OF _____________________)
) ss.
COUNTY of ____________________)
The foregoing instrument was subscribed, sworn to, and acknowledged before me this___________
day of , 2020, by ______________________________________ as ________________of
the Lender.
My commission expires: _.
(SEAL)
Notary Public
Attachment E
________________________________________________________________________
100 Mikaela Way Finance Department
Avon, Colorado 81620 970.478.4000
Avon Deed Restriction Program
Recording Instructions, Property Purchases:
Date: ______________________________________________
Applicant Name: ______________________________________________
Applicant Phone No.: ______________________________________________
Applicant Mailing Address: ______________________________________________
Title Company: ______________________________________________
Closing Date: ______________________________________________
Escrow Acct #: ______________________________________________
Deposit Amount
from Town of Avon: ______________________________________________
Funds Wired to
Escrow: ______________________________________________
1.Town of Avon will wire Avon Deed Restriction Program funds to a designated closing escrow account in
accordance with the wiring instructions.
2.Title company shall record the attached executed documents in the order listed:
a.Deed Restriction Agreement, recorded prior to the Deed of Trust
3.Forward copies of the recorded documents to the Town of Avon Finance Department.
Email Scott Wright at swright@avon.org.
Avon Deed Restriction
Program
Closing Instructions
Attachment F
Page 1 of 2
970.748.4004 eheil@avon.org
TO: Honorable Mayor Smith Hymes and Council
FROM: Eric Heil, Town Manager
RE: Salute to USA and Eagle Valley Humane Society
DATE: February 19, 2020
SUMMARY: The Town of Avon has approved special event permits for the Eagle Valley Humane Society
(“EVHS”) to sell alcohol at the Salute to the USA July 3rd event since 2000 which has served as a fund-
raising activity for EVHS. Town Council provided direction to Staff to assume liquor license responsibility
for the Avon Pavilion event area to generate revenues as a partial off -set to Town’s annual expenditures for
special events. The EVHS expressed their desire to continue to participate in the annual Salute to the USA
event as a fund raiser for EVHS. The Town of Avon used 14 out its 15 total allotted special event permits
for alcohol sales last year. Prior to 2019, the Town of Avon typically permitted different non -profits to hold a
special event permit for alcohol sales at Avon special events.
This report summarizes information on EVHS, the Town’s community grant funding program and states
options for Council consideration.
AVON FUNDING FOR SALUTE TO USA: The Town of Avon budgets approximately $200,000 total for
fireworks, security, lighting, traffic control, portalettes, and a free concert. In addition, nearly all Avon Town
Employees are required to work on the Salute to the USA event, which has a staff cost of approximately
$25,000. EVHS pays for security in the amount of $5,000 - $6,000 which is not included in Town
expenses. EVHS also pays for the wine and ice provided to the VIP section.
EVHS FINANCIAL INFORMATION: EVHS provided financial information in response to Avon’s request.
EVHS indicates it receives just over $120,000 in donations and a net of $2 7,000 in fundraising event
revenues. EVHS provided information on the net revenues realized from operating the alcohol sales at the
Salute to the USA event for the last seven years, which ranges from a high of $18,886 for last year’s event
with Ziggy Marley to a low of $0 in 2018 when the fireworks display was cancelled. Net revenues average
just under $10,000 per year over the last seven years. EVHS indicated that they do not receive any grant
fund contributions from Eagle County or the other municipalit ies in Eagle County. EVHS did not provide a
2020 budget. EVHS also receives a $1,000 sponsorship from Slifer Smith and Frampton each year to help
offset security costs.
EVHS VOLUNTEERS: EVHS indicated that they have a significant group of volunteers (approximately 24)
who are TIPS trained who volunteer their time. The volunteer servers provide an approximate cost savings
value of $2,400. EVHS also indicated that they realize substantial tips at the event because the tips are
essentially donations to EVHS when selling alcohol as a fundraising event.
AVON COMMUNITY GRANT FUND: The Town of Avon has a Community Grant Fund process to review
requests for contributions to non-profits and community organizations serving Avon. The Community Grant
application requests organization information, including the Federal Employer Identification Number,
whether the non-profit has an IRS non-profit status approval, a detailed description of program, a budget for
the current year (i.e. 2020), most recent fiscal year-end financial statements and a description of leveraging
Town’s funds.
Page 2 of 2
970.748.4004 eheil@avon.org
OPTIONS:
1. Continue to allow EVHS to sell alcohol through a special event permit. If the Town of Avon obtains
an Optional Premise License to sell alcohol in Nottingham Park, the Town and EVHS can modify the
premise to allow for EVHS as a non-profit to apply for special event permit for the Salute to the USA
event and continue to sell alcohol as a fundraising event.
2. The Town holds the liquor license, provides Town staff for oversight, controls funds and alcohol
inventory ordering, and Town staff is supplemented with EVHS volunteers and EVHS receives the
net revenues after Town’s costs plus any tips that are received. The Town arranged for a private
alcohol service vendor to partner with EVHS in 2015 with a revenue sharing agreement. This mixed
partnership did not work well in 2015. Any type of hybrid approach that involves Town partnering
with EVHS on alcohol sales would require more discussion to determine details and arrangements
and to determine if such an approach would work for EVHS.
3. Town holds the liquor license, fully operates the alcohol sales without support from EVHS, and Town
retains all revenues to partially off-set cost of the Salute to the USA event.
4. Option 3 plus Council invites EVHS to submit an out-of-cycle community grant application for 2020 in
accordance with the community grant application procedures.
Staff is confident that we can successfully administer any of the three options described above. If
Council desires Option 1 or 2, Council should also provide direction on whether such option is only for 2020
or would be a re-occurring annual EVHS funding raising activity supported by the Town of Avon.
Council may wish to continue this discussion to the March 10 Council meeting and request additional
financial and organizational information from EVHS that tracts the information requested in the community
grant application.
Thank you, Eric
970-748-4065 ddempsey@avon.org
970-300-4373 pwisor@garfieldhecht.com
TO: Honorable Mayor Smith Hymes and Councilmembers
FROM: Danita Dempsey, CASE Manager; Paul Wisor, Town Attorney
RE: Ordinance 20-03 – Optional Premise Liquor License
DATE: February 18, 2020
SUMMARY: Ordinance 20-03 will allow business and the Town, as an applicant, to apply to the Local Liquor
Licensing Authority to hold events and sell alcohol at such events located at outdoor sports and recreational
facilities. As a result, the Town will no longer need to rely on a limited number of Special Event Permits
available to it each year to hold events at which alcohol is served.
BACKGROUND: Council provided direction to staff to operate and sell liquor as a means of increasing
potential revenue for special events. In 2019, the Town of Avon used the maximum amount of Special Event
Liquor permits (fifteen) permitted under state law during the event season. Staff researched liquor license
options for similar municipally operated event facilities in other communities.
At a January 28, 2020 work session, staff recommended utilizing an Optional Premise Liquor License as
an alternative to the Special Event Permits. An Optional Premises Liquor License will allow the Town to
operate and manage alcohol beverage sales at Town produ ced events at Town outdoor sports and
recreational facilities and not be restricted to maximum of fifteen Special Event Liquor permits during a
calendar year. Additionally, with advance notice to the state, an Optional Premise Liquor License can be
shut-off if there is an application for a Special Event Permit during the same period within the same premises.
Other communities which utilize an Optional Premise License for the purpose of special event liquor
concessions include but are not limited to:
1. Beaver Creek Resort Company: All free and ticket-based events in the Village serving alcohol
(Blues, Brews & BBQ, Oktoberfest, Culinary Weekend, Wine & Spirits, etc.)
2. Town of Dillon – Dillon Amphitheatre: All free and ticket-based events taking place in the
Amphitheatre
3. Adams County – Riverdale Regional Park: All free and ticket-based events taking place in five
different event zones (Stars & Stripes, concerts, sporting events, county fair, rodeo, Quincenera’s,
weddings, etc.)
As discussed at the January 28, 2020 work session, it is estimated the Town could increase net revenues
to the Town by any estimated $40,000 by utilizing an Optional Premises Liquor License.
PROPOSED ORDINANCE: State law provides no optional premises permit shall be issued within any
municipality unless the governing body of the municipality has adopted an ordinance allowing such license
and adopted specific standards for the issuance of optional premises licenses .
Ordinance 20-03 will allow business and the Town, as an appl icant, to apply to the Local Liquor Licensing
Authority to hold events and sell alcohol at such events located at outdoor sports and recreational facilities.
It is anticipated all such events would occur at Nottingham Park.
Among other things, an applicant must provide the Local Liquor Licensing Authority with the location of the
event, the location and use of structures for the event, an explanation for why the premises and license are
Page 2 of 2
needed, steps to be taken to ensure compliance with state law, and o ther information required by the Local
Liquor Licensing Authority. Notably, the Local Liquor Licensing Authority may impose additional
requirements beyond those prescribed in the ordinance at their discretion.
It should be noted that while Ordinance 20-03 is mainly geared towards Town-hosted events in Nottingham
Park, it does allow for future hotels or restaurants adjacent to Nottingham Park to apply for a license as well,
as permitted by state law.
FINANCIAL CONSIDERATIONS: As noted above, an Optional Premises Liquor License could potentially
allow the Town to generate an additional $40,000 in net revenue each year. Processing such a license
through the state will cost approximately $2,500.
RECOMMENDATION: Staff recommends approval of Ordinance 20-03 on First Reading.
OPTIONS: Options for Council consideration are outlined below:
• Approve First Reading of Ordinance 19-11 as presented
• Approve First Reading of Ordinance 19-11 with modifications
• Continue First Reading of Ordinance 19-11 to a future Council meeting date
• Take no action
PROPOSED MOTION: “I move to approve First Reading of Ordinance 20-03, thereby adopting a new
Chapter 5.08.210 to Title 5 of the Avon Municipal permitting Optional Premises Liquor Licenses and setting
a public hearing date of March 10, 2020.”
Thank you, Paul and Danita
ATTACHMENTS:
Exhibit A – Ordinance 20-03
EXHIBIT A – ADDITION OF SECTION 5.08.210 TO TITLE 5 OF THE AVON MUNICIPAL CODE
SECTION 5.08.210 – OPTIONAL PREMISES
(a) An annually renewable optional premises license for the sale or service of alcoholic beverages may be issued
by the Local Liquor Licensing Authority for the following:
(1) Any outdoor sports and recreational facility so long as such facility is located on or adjacent to a hotel and
restaurant license and such outdoor sports and recreational facility that charges a fee for the use of such
facility
(2) Any stand-alone outdoor sports and recreational facility that charges a fee for the use of such facility .
(b) There is no restriction on the minimum size of the outdoor sports and recreational facility which may be eligible
for a related optional premises license. However, the Local Liquor Licensing Authority may consider the site of
the particular outdoor sports and recreational facility in relationship to the number of optional premises
requested for the facility and may reject any optional premises application if the Local Liquor Licensing Authority
considers the related facility to be too small to require an optional pr emises.
(c) There is no restriction on the number of optional premises which any one (1) licensee may have.
(d) It is unlawful for any person to sell or dispense alcoholic beverages at an outdoor sports and recreational facility
without having first obtained a val id optional premises license to do so as provided by this Article or in violation
of any provision, restriction or limitation of the license if one has been issued.
(e) Nothing contained herein shall preclude the Local Liquor Licensing Authority , in its discretion, from imposing
conditions, restrictions or limitations on any optional premises license in order to serve the health, safety and
welfare of the public. Any such conditions may be imposed when the license is initially issued prior to any
renewal of such license or when any specific event or use of the optional premises so warrants.
(f) Applications for an optional premises license shall be made to the Local Liquor Licensing Authority and shall
be reviewed by the Local Liquor Licensing Authority pursuant to the procedures set forth in Sections 5.08.080
– 5.08.150. In addition to the application requirements set out in Section 5.08.090, t he following information,
along with any information required by the state licensing authority, shall be provided by the applicant:
(1) A detailed sketch of the outdoor sports and recreational facility indicating the locations desired to be
optional premises.
(2) The proposed location of the permanent, temporary or movable structures or vehicles which are proposed
to be used for the sale or service of alcoholic beverages; and if the applicant is requesting approval of more
than one (1) optional premises, the following shall be provided:
a. An explanation of the reasons for each optional premises request.
b. An explanation of how the optional premises relate to each other from an operational standpoint.
c. An explanation of the need for each optional premises in relationship to the outdoor sports and
recreational facility and its guests and users.
d. A statement and indication by reference to the map required under Paragraph (1) above which optional
premises will be permanent and which, if any, will be temporary or only used for specific periods or
less than one (1) year.
For those optional premises that are temporary or used for specific periods, the dates, times and circumstances
which will govern their usage shall be indicated.
(3) Restrictions, limitations, procedures, controls and guidelines to be utilized by the licensee to ensure
compliance with the provisions of the Colorado Liquor Code and related regulation.
(4) Such other information as reasonably may be required to satisfy the Authority that control of the optional
premises will be assured, and that the health, safety and welfare of the neighborhood and outdoor spor ts
and recreational facility users will not be adversely affected should the optional premises license be issued.
(5) The need for such an optional premises license.
(6) A description of the methods which will be used to identify and control the optional premises when these
are in use, including an explanation of methods for complying with provisions of the Colorado Liquor Code
prohibiting sale to minors. For example, the applicant may describe the type of signs, fencing or other
notices or barriers to be used in order to control the optional premises.
(7) A description or demonstration of the provisions that have been made for storing malt, vinous and spirituous
liquors in a secure area on or off the optional premises for future use on the optional premises.
(g) If the applicant does not own the proposed optional premises, he or she shall submit to the Local Liquor
Licensing Authority a written statement by the owner of the premises approving the application sought.
(h) If the Local Liquor Licensing Authority approves the application, the applicant shall provide the Town with
evidence that the state licensing authority has approved the location proposed to be optional premises, as
required by the Colorado Liquor Code.
(i) It is unlawful for any alcoholic beverages to be served on a licensed optional premise without the licensee
having first provided written notice to the Town and to the state licensing authority, no less than forty -eight (48)
hours prior to such service of alcoholic beverages. Such notice shall contain specific days and hours on which
the optional premises are to be used for the sale or service of alcoholic beverages. Nothing contained herein
shall preclude written notice, submitted forty -eight (48) hours in advance, from specifying that an optional
premises may be ut ilized for a continuous or extended period of time. However, should any special or unusual
event be anticipated to occur during any extended period of time, no less than forty -eight (48) hours' written
notice should be given to the Chief of Police, who sha ll have the authority, on behalf of the Local Liquor
Licensing Authority, to impose any conditions reasonably related towards serving the health, safety and welfare
of the public.
(j) In addition to or in lieu of any enforcement actions which the Local Liquor Licensing Authority takes against an
adjacent hotel and restaurant license for violations of these standards or the Colorado Liquor Code and the
regulations adopted pursuant thereto, the Local Liquor Licensing Authority may decline to renew the optional
premises license for good cause shown. In addition, the Local Liquor Licensing Authority may suspend or revoke
the optional premises license in accordance with the procedures speci fied in Section 5.08.160.
Ordinance 20-03
FIRST READING – February 25, 2020
Page 1 of 4
TOWN OF AVON, COLORADO
ORDINANCE NO. 20-03
AN ORDINANCE BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, ADDING SECTION 5.08.210 TO TITLE 5 “BUSINESS
TAXES, LICENSES AND REGULATIONS,” TO THE MUNICIPAL CODE
OF THE TOWN OF AVON, COLORADO TO PERMIT OPTIONAL
PREMISES LIQUOR LICENSES.
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality existing
pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's
Home Rule Charter;
WHEREAS, the Town currently hosts events each year on the Town’s outdoor sports and
recreational facilities at which alcohol is served pursuant to a Special Event Permits; and
WHEREAS, the Town may only use fifteen (15) Special Event Permits per year to serve
alcohol at Town sponsored events; and
WHEREAS, the Town wishes to host more than fifteen (15) events per year on the Town’s
outdoor sports and recreational facilities at which alcohol is served; and
WHEREAS, pursuant to §44-3-310, C.R.S., the Town, through the Local Liquor Licensing
Authority, is permitted to issue an option premises license under which an applicant may serve
alcohol on the Town’s outdoor sports and recreational facilities; and
WHEREAS, § 44-3-310 (1), C.R.S., provides no optional premises permit shall be issued
within any municipality unless the governing body of the municipality has adopted an ordinance
allowing such license and adopted specific standards for the issuance of optional premises licenses;
and
WHEREAS, the Town Council of the Town of Avon wishes to allow for the issuance of
optional premises licenses in accordance with the provisions of C.R.S. 44-3-310, and set specific
standards for the issuance of such licenses; and
WHEREAS, the Town Council of the Town of Avon finds that the amendment of the Avon
Municipal Code of the Town of Avon, Colorado as set forth herein below is in the best interest of
the Town of Avon and is necessary to be consistent with the types of alcoholic beverage licenses
offered by the State of Colorado Department of Revenue.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Ordinance 20-03
FIRST READING – February 25, 2020
Page 2 of 4
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. Addition of Section 5.08.210 to Title 5 of the Avon Municipal Code. Section
5.08.210 “Optional Premises Licenses” is added to Title 5, Chapter 5.08 of the Avon Municipal
Code to read as set forth in Exhibit A: Addition of Section 5.08.210 to the Avon Municipal
Code.
Section 3. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
Ordinance 20-03
FIRST READING – February 25, 2020
Page 3 of 4
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
Ordinance 20-03
FIRST READING – February 25, 2020
Page 4 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on February 25, 2020 and setting such public hearing for March 10, 2020 at the
Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on March 10, 2020.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
[970-748-4023] [cmcwilliams@avon.org]
O: Honorable Mayor Smith Hymes and Council members FROM: David McWilliams, Town Planner and
Matt Pielsticker, Planning Director
RE: RESOLUTION 20-01 APPROVING A FEE-IN-LIEU
CALCULATION FOR THE FRACTIONAL REMAINDER OF THE EMPLOYEE
MITIGATION REQUIREMENT GENERATED FROM CHAPTER 7.20.100, EMPLOYEE
HOUSING MITIGATION
DATE: February 20, 2020
SUMMARY: Before Town Council is a resolution approving a fee-in-lieu calculation for the fractional
remainder of the Employee Mitigation Requirement generated from Chapter 7.20.100, Employee Housing
Mitigation. The Resolution and Exhibit have been modified pursuant to Town Council comments received
at the February 11, 2020 meeting.
BACKGROUND: In 2019, Town Council approved Ordinance 19-03, requiring housing mitigation (linked
below) for many new development types. Applicants are required to offset a portion of employees generated
with construction of new units or placing a deed restriction on existing units, as set forth in chapter 7.20.100(f)
of the Avon Municipal Code. Town Council is required to certify the mitigation profile for a given project. For
the Employee Housing Mitigation requirement generated that totals less than 1.0 employee, a fee-in-lieu is
permitted. This Resolution defines how the fee will be calculated.
FEE RATIONALE: The fee-in-lieu calculation (first chart in Exhibit A to Resolution) follows a model used by
Eagle County and breaks down the difference between an employee vs. market rate house as a question of
price per square foot in order to compare the two markets. For the formula, staff proposes the difference
between the prevailing market prices ($382.30 for the entire County, calculated for 2018. The 2019
information is available through the Eagle Valley Home Store in Spring 2020. An MLS report for 2019
generated a price per square feet at $427.27 in Avon alone.) and the maximum affordable sales price to use
a family of three (3) at 80% Area Median Income (AMI). Staff encourages a debate regarding the 80% AMI
number, but not the formula itself. The three (3)-member household is used to represent an aspirational
average family seeking a house, and the average Avon household is 2.78 persons.
Avon’s 2018 Community Housing Plan informed the lowest AMI to target. The plan states:
• 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.
• 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.
The final consideration goes back to square footage. The code defines a studio as a minimum 500 square
foot unit offsetting 1.25 employees. In other words, one (1) employee would occupy 400 square feet.
Therefore, the model takes the fractional employee mitigation required (e.g. .95 employee equivalents
required to be offset in the first example below) to be offset, multiplied by the minimum square footage for an
employee (400), multiplied by the fee per square foot ($217.71).
The 80% AMI rate proposed yields $87,483 per employee equivalent, while an AMI of 100% would produce
a fee-in-lieu of $65,389 per employee equivalent. The funds collected go to the Affordable Housing Fund
[970-748-4023] [cmcwilliams@avon.org]
(currently valued at $989,769), to be used for future projects and collaboration. The 80% AMI requirement
would enhance the Town’s goal of producing housing available for people at that target.
Calculation of Fees-in-Lieu
80% AMI 100% AMI 120% AMI
A Area Median Income for Family of 3 $67,680 $84,600 $101,520
B Maximum Initial Sales Price $234,578 $293,222 $352,994
C Average Deed Restricted Unit SF 1,221 1,221 1,221
D Affordable Price per square Foot $192.12 $240.15 $289.10
E Market Price per Square foot $382.30 $382.30 $382.30
F Administrative Fee 15% 15% 15%
G Payment in Lieu per Square Foot $218.71 $163.47 $107.18
Minimum Square Footage Per Employee
Equivalent
400 400 400
H Payment for One Employee Equivalent $87,483.00 $65,389.35 $42,872.00
D = B / C G = E – D * (1+F) H = Number to multiply the fractional remainder by in order to get
the fee for a given project
Calculation of Fees-in-Lieu
80% AMI 100% AMI 120% AMI
Area Median Income for Family of 3 $ 67,680.00 $ 84,600.00 $ 101,520.00
Maximum Initial Sales Price $ 234,578.00 $ 293,222.22 $ 352,994
Average Deed Restricted Unit SF 1,221 1,221 1,221
Affordable Price per square Foot $ 192.12 $ 240.15 $ 289.10
Market Price per Square foot $ 382.30 $ 382.30 $ 382.30
Administrative Fee 15% 15% 15%
Payment in Lieu per Square Foot $ 218.71 $ 163.47 $ 107.18
Minimum Square Footage Per
Employee Equivalent
400 400 400
Payment for One Employee Equivalent $ 87,483.00 $ 65,389.35 $ 42,872.00
[970-748-4023] [cmcwilliams@avon.org]
EXAMPLES
Lot B
USE Units
Emp.
Rate Jobs
Jobs/
Emp.
Total Emp.
Generated
Mitigation
Rate
Emp.
Mitigation
Required
Lodge/Hotel 142 .8/Rm 113.6 1.2 94.7 20% 18.93
Prop. Management 4 .4/Rm 1.6 1.2 1.3 20% 0.27
Commercial SF 536 2.8/1000 1.5 1.2 1.3 20% 0.25
19.45
Employee Mitigation Credited
3 br @ 3.5
Emp / unit
2 br @
2.25 Emp.
/ unit
1 br
@
1.75
Emp.
/ unit
Studio
@ 1.25
Emp. /
unit
Fractional
Remainder
Fee-in-Lieu
Required
80%
Fee-in-lieu
Required
100%
4 units, 14 Emp. 2 units, 4.5 Emp.
=19.45-(14+4.5) =0.95
=.95 * $87,483= $83,121
=.95 * $65,389= $62,127
Sheraton Mtn Vista
USE Units
Emp.
Rate Jobs
Jobs/
Emp. Total Emp.
Mitigation
Rate
Emp.
Mitigation
Required
Lodge/Hotel 190 .8/Rm 144 1.2 120.0 20% 24.00
Prop.
Management 0 .4/Rm 0 1.2 0.0 20% 0.00
Commercial SF 11,000 2.8 30.8 1.2 25.7 20% 5.13
29.13 Employee Mitigation Credited
3 br @ 3.5
Emp / unit
2 br @
2.25
Emp. /
unit
1 br @
1.75
Emp. /
unit
Studio @
1.25 Emp. /
unit
Fractional
Remainder
Fee-in-lieu
80%
Fee-in-lieu
100%
7 units,
24.5 Emp.
3 units, 3.75
Emp.
=29.13-(24.5+3.75)
=0.88
=.88 * $87,483=
$77,157
=.88 * $65,389=
$57,672
[970-748-4023] [cmcwilliams@avon.org]
Colorado World Resorts
USE Units
Emp.
Rate Jobs
Jobs/
Emp.
Total
Emp.
Mitigation
Rate
Emp.
Mitigation
Required
Lodge/Hotel 0 .8/Rm 0 1.2 0.0 20% 0.00
Prop.
Management 81 .4/Rm 32.4 1.2 27.0 20% 5.40
Commercial SF 0 2.8 0 1.2 0.0 20% 0.00
5.40
Employee Mitigation Credited
3 br @ 3.5
Emp / unit
2 br @
2.25 Emp.
/ unit
1 br @
1.75 Emp. /
unit
Studio @ 1.25
Emp. / unit
Fractional
Remainder Fee-in-lieu
80%
Fee-in-lieu
100%
2 units, 3.5 Emp. 1 unit, 1.25 Emp
=5.4-(3.5+1.25) =0.65
=.65 * $87,483= $56,862
=.65 * $65,389= $42,502
RECOMMENDATION: I recommend approval of the resolution, as amended.
OPTIONS: Town Council could change the AMI in the formula to another number that better accomplishes
the goals of the Chapter 7.20.100 and the Comprehensive Plan. Further, Town Council could request
additional information regarding the table inputs.
PROPOSED MOTION: “I move to approve Resolution 20-01, thereby approving a fee-in-lieu calculation for
the fractional remainder of the Employee Mitigation Requirement generated from Chapter 7.20.100,
Employee Housing Mitigation.”
Thank you,
David McWilliams
ATTACHMENT: A - Resolution 20-01, and Exhibit A, Fee-in Lieu Requirement Calculation
LINK: Chapter 7.20.100 – Employee housing mitigation.
Resolution 20-01, Approving Fee-In-Lieu Requirement for Fractional Remainder of Employee Housing Mitigation
Page 1 of 2
TOWN OF AVON
RESOLUTION 20-01
APPROVING THE FEE-IN-LIEU REQUIREMENT FOR THE FRACTIONAL
REMAINDER OF THE EMPLOYEE HOUSING MITIGATION REQUIREMENT
WHEREAS, the Town of Avon (the “Town”) requires Employee Housing Mitigation for certain
new development pursuant to Chapter 7.20.100, Employee Housing Mitigation, Avon Municipal
Code;
WHEREAS, Section 7.20.100(f)(5) requires Town Council to approve a resolution updated
every two (2) years for any fractional remainder of the Employee Housing Mitigation
requirement;
WHEREAS, the Avon Comprehensive Plan strives to meet a diverse range of housing types to
serve all segments of the population, including the following policy directives:
Policy E.1.1: Establish policies and programs, which address housing needs that are
attainable to different Area Median Income (AMI) ranges. Evaluate the mitigation rate
required of development.
Policy E.1.3: Provide attainable housing through alternative means, including but not limited
to: payment-in-lieu, land dedication, regulatory requirements, deed restrictions, waiver of
development and building fees, and public-private partnerships that reduce the price of units.
WHEREAS, growing the inventory of deed restricted homeownership is a primary goal of the
Town’s Housing Plan;
WHEREAS, the Avon Community Housing Plan seeks “no net loss of units in the 80%-120%
AMI range” as sites redevelop, including securing new funding sources such as increased linkage
fees;
WHEREAS, the Avon Town Council finds that targeting 80% AMI for the fee-in-lieu formula
is appropriate in order to strengthen the Town’s Affordable Housing Fund and leverage
Community Housing projects with public-private partnerships;
WHEREAS, the Avon Town Council finds that developing or otherwise providing actual units
fulfills the primary need of the housing plan, but, from time to time, that mathematically, a
fractional remainder may result as a result of the calculation; and
WHEREAS, the fee-in-lieu is only permitted for the fulfillment of the Employee Housing
Mitigation requirement generated totaling less than 1.0 employee.
Attachment A
Resolution 20-01, Approving Fee-In-Lieu Requirement for Fractional Remainder of Employee Housing Mitigation
Page 2 of 2
NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon,
Colorado that Exhibit A – Fee-In-Lieu Requirement for the Fractional Remainder of the
Employee Housing Mitigation Requirement is certified as the fee-in-lieu calculation for the
fractional remainder of development required to be offset by Chapter 7.20.100(f)(5), Avon
Municipal Code.
MOVED, READ AND ADOPTED by the Avon Town Council, on February 25, 2020.
BY: ATTEST:
_______________________________ __________________________________
Sarah Smith-Hymes, Mayor Brenda Torres, Town Clerk
Attachment A
Exhibit A to Avon Town Council Resolution 20-01 – Fee-In-Lieu Requirement
1
Exhibit A to Avon Town Council Resolution 20-01
Fee-In-Lieu Requirement for the Fractional Remainder of the Employee Housing Mitigation
Requirement
The Fee-in-Lieu (FIL) fee is calculated based on the difference between the market price of housing and the
price that is affordable to households with incomes targeted by the Avon Community Housing Plan. The
following method shall be used by the Town Planning Department staff to calculate the FIL and present the
results to Town Council for certification.
Subtracting the maximum affordable housing cost (defined as housing cost not to exceed 30% of gross income
and based on a 30 year fixed mortgage at 5.5% interest with a 10% down payment) for a residential unit at
80% of the area median income for Eagle County, Colorado, as calculated in accordance with the most current
U.S. Department of Housing and Urban Development area median income figures (AMI) from the average
market-based housing cost per square foot (calculated annually and included in the Eagle County Affordable
Housing Guidelines) for a residential unit, with a 15% administrative fee. This is the total payment required
to satisfy one (1) employee equivalent.
80% AMI
Area Median Income for Family of 3 $ 67,680.00
Maximum Initial Sales Price $ 234,578.00
Average Deed Restricted Unit SF $ 1,221.00
Affordable Price per square Foot $ 192.12
Market Price per Square foot $ 382.30
Administrative Fee 15%
Payment in Lieu per Square Foot $ 218.71
Minimum Square Footage Per Employee Equivalent 400
Payment for One Employee Equivalent $ 87,483.00
To determine the amount of Employee Housing Mitigation 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
Workers Required 2.8 per 1,000 sq. ft. Rate x sq. ft./1,000
Jobs per Employee 1.2 Workers Generated/1.2
Required mitigation
20% mitigation Jobs generated x 20%
Exhibit A to Avon Town Council Resolution 20-01 – Fee-In-Lieu Requirement
2
Lodging and Property Management
Size of development # of rooms or # of units
Workers Required
Lodge/hotel -
0.8/ room; # of rooms x 0.8
Prop. management -
0.4/ unit # of units x 0.4
Jobs per employee 1.2 jobs per employee Workers Generated/1.2
Required mitigation 20% mitigation Workers generated x 20%
Residential
Size of development # of Dwelling Units
Workers Required .33 per Dwelling Unit # of units x 0.33
Jobs Per Employee 1.2 Workers Generated/1.2
Required mitigation 20% mitigation Workers Generated x 20%
All proposed units 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 (Square
Footage)
Number of
Employees
Housed
Studio 500 1.25
1 bedroom 750 1.75
2 bedrooms 900 2.25
3 or more bedrooms 1,225 3.5
Exhibit A to Avon Town Council Resolution 20-01 – Fee-In-Lieu Requirement
3
The total FIL is calculated by subtracting the unit type(s) offset (per Table 7.20-15) from the employee
mitigation required (per Table7.20-14), at the fractional remainder of the requirement (per 7.20.100(f)(5)),
where one employee is credited 400 square feet.
For example, a project with 142 hotel rooms, 4 condo units, and 536 square feet of retail would be required to
offset the equivalent of 19.45 employees, per the table below:
Employee Mitigation Generator
USE Units
Emp.
Rate Jobs
Jobs/
Emp.
Total Emp.
Generated
Mitigation
Rate
Emp.
Mitigation
Required
Lodge/Hotel 142 .8/Rm 113.6 1.2 94.7 20% 18.93
Prop.
Management 4 .4/Rm 1.6 1.2 1.3 20% 0.27
Commercial SF 536 2.8/1000 1.5 1.2 1.3 20% 0.25
19.4501
While there are several ways to offset the requirement, a sample method is illustrated below:
Employee Mitigation Credited
3 br @
3.5 Emp
/ unit
2 br @
2.25
Emp. /
unit
1 br @
1.75
Emp. /
unit
Studio
@ 1.25
Emp. /
unit
Total
Employees
Housed
Fractional
Remainder
of
Employee
Employee
Equivalent
Factor
Payment in
Lieu Required
4 units,
14
Emp.
2 units,
4.5 Emp. 18.5
=19.4501-
(14+4.5)=
0.9501 $87,483.46
=.95 *
$87,483=
$83,121.46
970-300-4373 pwisor@garfieldhecht.com
TO: Honorable Mayor Smith Hymes and Councilmembers
FROM: Paul Wisor, Town Attorney
RE: Ordinance 20-02 Designating Locations for Posting Notice of
Public Meetings
DATE: February 4, 2020
SUMMARY: Section 24-6-402(2)(c), C.R.S. requires the Town to annually designate the public place for
posting notices in order to comply with the Colorado Open Meetings Law. At the first meeting of each year,
staff has prepared, and Council has adopted, a resolution designating locatio ns at which notice of meetings
are to be posted in order to comply with the statute. In order to conserve time, Ordinance 20-02 permanently
designates four locations, plus the Town’s website as the permanent locations for posting notice of meetings.
Council approved Ordinance 20-02, attached hereto as Exhibit A, on first reading, and Staff requests Council
approve Ordinance 20-02 on second reading.
BACKGROUND: The Colorado Open Meetings Law has long required municipalities to annually designate
the public place for posting notices. However, in 2019, the Colorado General Assembly approved, and the
Governor signed, HB 19-1087, which provides municipalities shall be deemed in compliance with the
Colorado Open Meetings Law if a municipality designates its website as the public place for posting. The
Town has long designated Town Hall, the Recreation Center, Avon Library and Avon Elementary School as
well as the Town’s website as the places for public posting. As such, the Town’s past practices already
comply with HB 19-1087. While the Town could merely post notices on its website, staff believes in the
interest of full transparency it is a best practice to continue to post in locations throughout the community.
While state law indicates designation of posting locations should occur on an annual basis, the Town may
invoke its home rule authority to satisfy the requirements of the Colorado Open Meetings Law through other
approaches. No longer wishing to annually designate the same public places as the locations for posting
notice of meetings, Ordinance 20-02 permanently designates Town Hall, the Recreation Center, Avon Library
and Avon Elementary School as well as the Town’s website as the locations for public posting of meetings.
Ordinance 20-02 applies to all Council, Board and Commission meetings that are required to be noticed
pursuant to state law.
Though passed on first reading, the language of Ordinance 20-02 has been modified slightly to provide the
Town shall be deemed to have complied with notice requirements if such notice is posted within twenty -four
(24) hours of a meeting rather than establishing a strict twenty -four (24) hour posting requirement, as shown
in Exhibit B attached hereto.
FINANCIAL CONSIDERATIONS: None.
RECOMMENDATION: Staff recommends approval to comply with state statute.
PROPOSED MOTION: “I move to approve Ordinance 20-02 Designating Establishing Permanent Locations
for Posting Notice of Public Meetings.”
Thank you, Paul
ATTACHMENTS:
Exhibit A – Ordinance 20-02
Exhibit B – Changes to Ordinance 20-02
Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 25, 2020
Page 1 of 8
EXHIBIT A
Ordinance 20-02
Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 25, 2020
Page 2 of 8
ORDINANCE NO. 20-02
SERIES OF 2020
ADOPTING A NEW CHAPTER 1.15 OF TITLE 1 OF THE AVON
MUNICIPAL CODE ESTABLISHING PERMANENT LOCATIONS FOR
POSTING NOTICE OF PUBLIC MEETINGS
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 (“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, local public bodies, including Council, are required by the Open Meetings
Law, and specifically §24-6-402(2)(c), C.R.S., to designate annually at the first regular meeting
of each calendar year the locations at which public notice of each meeting will be posted at least
twenty four (24) hours prior to each meeting; and
WHEREAS, Section 11.2 of the Avon Home Rule Charter authorizes Council to create
any Boards and Commissions; and
WHEREAS, pursuant to Section 11.2(a) of the Avon Home Rule Charter, Council may
establish rules governing the rules or procedures of any Board or Commission; and
WHEREAS, Boards and Commissions established by Council are “local public bodies”
subject to the requirements of the Open Meeting Law, including the requirement found in §24-6-
402(2)(c) to designate locations at which public notice of certain meetings will be posted at least
twenty four (24) hours prior to each meeting; and
WHEREAS, Council wishes to comply with the requirements of §24-6-402(2)(c) by
permanently establishing locations at which public notice of each meeting subject to notice
requirements shall be posted prior to each Council, Board or Commission meeting, as applicable;
and
WHEREAS, Council finds that permanently establishing locations at which public
notice shall be posted of each Council meeting and any other Board or Commission meeting
subject to notice requirements 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
Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 25, 2020
Page 3 of 8
representation that Council, or any member of Council, has determined to take final action on
this Ordinance prior to concluding the public hearing on second reading.
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 Council.
Section 2. Addition of Chapter 1.15 to Title 1 of the Avon Municipal Code. Chapter
1.15, “Permanent Locations For Posting Notice For Public Meetings” to read as set forth in
Exhibit A: Addition of Chapter 1.15 to Title 1 of the Avon Municipal Code, attached hereto.
Section 3. 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 4. Effective Date. This Ordinance shall take effect thirty days days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. Council hereby finds, determines and declares that this Ordinance
is promulgated under the general police power of the Town, 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. Council further
determines that the Ordinance bears a rational relation to the proper legislative object sought to
be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 25, 2020
Page 4 of 8
Section 7. 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 25, 2020
Page 5 of 8
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on February 11, 2020 and setting such public hearing for February 25, 2020 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
ADOPTED ON SECOND AND FINAL READING on February 25, 2020.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 25, 2020
Page 6 of 8
EXHIBIT A: ADDITION OF CHAPTER 1.15 TO TITLE 1 OF THE AVON MUNICIPAL CODE
CHAPTER 1.15
PERMANENT LOCATIONS FOR POSTING NOTICE OF PUBLIC MEETINGS
The following places are designated as the permanent locations for posting notice of all meetings held by
Council or any Board or Commission where posting notice of such meeting is required pursuant to state law:
Avon Town Hall, 100 Mikaela Way
Avon Recreation Center, 90 Lake Street
Avon Public Library, 200 Benchmark Road
Avon Elementary School, 850 W Beaver Creek Boulevard
Town of Avon website – www.avon.org
The Town shall be deemed to have given full and timely notice required pursuant to state law of any
meeting of Council or any Boards or Commissions if the notice of such meeting is posted in the locations designated
herein no less than twenty-four (24) hours prior to the holding of such meeting.
Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 25, 2020
Page 7 of 8
EXHIBIT B
Changes to Ordinance 20-02
Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 25, 2020
Page 8 of 8
EXHIBIT B: ADDITION OF CHAPTER 1.15 TO TITLE 1 OF THE AVON MUNICIPAL CODE
CHAPTER 1.15
PERMANENT LOCATIONS FOR POSTING NOTICE OF PUBLIC MEETINGS
The following places are designated as the permanent locations for posting notice of all meetings
held by Council or any Board or Commission where posting notice of such meeting is required pursuant to
state law:
Avon Town Hall, 100 Mikaela Way
Avon Recreation Center, 90 Lake Street
Avon Public Library, 200 Benchmark Road
Avon Elementary School, 850 W Beaver Creek Boulevard
Town of Avon website – www.avon.org
The Town shall be deemed to have given full and timely notice required pursuant to state law of any
meeting of Council or any Boards or Commissions if the notice of such meeting is posted in the locations designated
herein no less than twenty-four (24) hours prior to the holding of such meeting.All notice of meetings of Council,
Boards and Commissions required hereunder shall be posted at least twenty four (24) hours prior to each meeting.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 11, 2020
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
1. CALL TO ORDER AND 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, Tamra Underwood, and Jennie Fancher. Councilors Jake Wolf,
Chico Thuon, and Scott Prince were absent. Also present were Town Attorney Paul Wisor, Police Chief
Greg Daly, Finance Director Scott Wright, Town Engineer Justin Hildreth, Planning Director Matt
Pielsticker, Town Manager Eric Heil, Executive Assistant to the Town Manager Ineke de Jong, and
General Government Intern Charise Bishop.
TUTORIAL: INTRODUCTION AND EXECUTIVE OVERVIEW OF TYLER TECHNOLOGIES ERP SYSTEMS FOR FINANCIAL
MANAGEMENT AND PERSONNEL MANAGEMENT
Start Time: 00:00:17 Part One
Scott Wright, Finance Director and Eric Heaps, Tyler Technologies Account Executive, gave a
presentation about the capabilities of their ERP software, the implementation, and how staff could
interface with system. The Town is purchasing financial management and human resources software
from Tyler Technologies. Mr. Heaps also presented an app that could be a tool for communication
between the Town and citizens.
Recess 4:47 p.m. – 5:02 p.m.
Councilor Prince and Councilor Thuon arrived during recess.
2. APPROVAL OF AGENDA
Start Time: 00:46:25 Part One
Mayor Smith Hymes added 5.10, which is a discussion about the special events dance schedule.
Councilor Underwood pulled report 6.2 and added it as item 5.11. Councilor Underwood moved to
approve the amended agenda. Mayor Pro Tem Phillips seconded the motion and the motion passed
unanimously by a vote of 6-0. Councilor Wolf was absent.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Start Time: 00:47:45 Part One
No conflicts of interest were disclosed.
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Start Time: 00:47:55 Part One
Mr. Michael Cacioppo stated that he did not understand the ordinance banning plastic bags when they
are recyclable. He finds the ordinance inconvenient and wishes we would repeal it. He also stated that
Styrofoam is recyclable, and that ordinance reduces freedom of choice and is harmful for business.
Mr. Matt Abramowitz appreciated Council’s efforts to make Avon such a great place to live. He likes
that the Town is so walkable but was attending to request crosswalks on Highway 6 at the two bus
stops. It is dangerous crossing the highway, as well as it is very difficult to get from the path to the bus
stop and vice versa. Councilor Fancher expressed that this was an issue that Council is aware of and is
actively pursuing a resolution for. Mayor Pro Tem Phillips asked for Mr. Abramowitz’s support for the
Highway 6 2021 Plan.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 11, 2020
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
Ms. Zoe Kalapos is a professional Halfpipe snowboarder that lives in Avon and heard that the Town is
sponsoring local athletes. Councilor Underwood would be interested in sponsoring her if she listed
Avon as her hometown. Mayor Pro Tem Phillips agreed. Councilor Prince said he would like to sponsor
Ms. Kalapos as well, providing she wear an Avon logo sticker on her helmet. Councilor Underwood
stated the budget cycle begins late summer and that would be a better time to request sponsorship.
Councilor Fancher mentioned it would be a good idea to advertise local athletes on the Town’s website.
Mr. Alex Bolla owns Infraheat Co, a company in Avon that specializes in infrared technology that can
melt snow and ice. He read the minutes of the proposal from the January 28 th Council Meeting about
the I-70 Underpass Improvements and said he could solve the problem of the icy sidewalk on both
sides of the road for about half the cost. Town Manager Eric Heil has met with Mr. Bolla and Councilor
Thuon. They discussed having a test application for the further understanding, as well as for
measurement of electrical usage. Town Manager Eric Heil stated it was a little counter to the Town’s
policy of not heating outdoor spaces but is open to further analysis.
4.1. PRESENTATION: UPDATE ON TOBACCO TAX SPENDING AND YOUTH SUPPORT
Start Time: 01:06:56 Part One
Becky Larson, Epidemiologist and Deputy Director of Eagle County Public Health and
Environment, presented and answered questions from Council about the “Break up with
Nic(otine)” Initiative. This is a behavior change campaign with two parts: the first is an
opportunity for youth to make a pledge to be nicotine free and the second is to give youth the
opportunity to properly dispose of their nicotine/tobacco products.
5. BUSINESS ITEMS
5.1. P RESENTATION: CENSUS 2020 UPDATE (CENSUS, BRIAN MEINHART ) AND CENSUS 2020 RECRUITMENT
UPDATE (CENSUS, P ATRICIA OSTWALD)
Start Time: 01:15:22 Part One
Brian Meinhart, a partnership specialist for the US Census, presented and answered questions
to Council about how the census will be conducted. Mayor Pro Tem Phillips was concerned about
the census map for mail delivery. She informed Mr. Meinhart that Avon residents do not receive
mail at their home address. Patricia Ostwald, a Recruiter for the US Census, presented and
answered questions for Council about employment and recruiting efforts for the census.
Currently, they are at 33% of their hiring goal for Avon.
5.2. APPROVAL OF TYLER TECHNOLOGIES SOFTWARE PURCHASE CONTRACT (FINANCE D IRECTOR SCOTT
WRIGHT)
Start Time: 01:55:16 Part One
Finance Director Scott Wright continued the presentation. Councilor Underwood moved to
approve the Tyler Technologies agreements in the amount of $174,901.00 as summarized
in the packet. Councilor Prince seconded the motion and the motion passed with a vote of
5-0. Councilor Wolf was absent and Mayor Pro Tem Phil lips had stepped out of the room.
5.3. P RESENTATION: WATER AND WASTEWATER CAPITAL PROJECTS AND ASSOCIATED RATE INCREASES (LINN
BROOKS AND JAMES WILKINS OF ERWSD/UERWA)
Start Time: 00:00:01 Part Two
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 11, 2020
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
Linn Brooks, General Manager of the Eagle River Water and Sanitation District, James
Wilkins, Finance Director of the ERWSD, and Diane Johnson, Community and Public
Relations Manager presented and answered questions f or Council about the increased
water rates for 2020. Council or Fancher clarified that the costs would increase 8.2% per
year and Ms. Brooks confirmed that was correct. She said the rate increases could not be
avoided because of the large capital improvement costs to meet regulatory standards.
5.4. WORK SESSION ON WHITEWATER PARK (TOWN ENGINEER J USTIN HILDRETH)
Start Time: 00:28:42 Part Two
Town Engineer Justin Hildreth updated and answered questions from Council about the Town’s
Whitewater Park. After maintenance in 2019 and high runoff, users became concerned about
the height of the wave and the eddy forming on the side of the Bob Senior water feature. Staff
requested that River Restoration modify and model a new design to address these concerns.
The next step will be to involve the commercial rafting companies and give them an opportunity
to comment and to then bring this item back on the February 25th agenda.
5.5. R ESOLUTION 20-01, APPROVING FEES-IN-LIEU CALCULATION FOR THE FRACTIONAL REMAINDER OF
EMPLOYEE M ITIGATION REQUIREMENTS GENERATED FROM CHAPTER 7.20.100, EMPLOYEE HOUSING
MITIGATION (TOWN P LANNER DAVID MCWILLIAMS)
Start Time: 01:09:55 Part Two
Town Planner David McWilliams presented and answered questions f rom Council members.
After Council discussion, they agreed with staff’s recommendation. Councilor Underwood
proposed more concise language and added two more whereas clauses. Town Manager Eric
Heil suggested with all the revisions suggested, staff return to Council with an updated
Resolution on February 25 th.
5.6. FIRST READING ORDINANCE 20-02, ADOPTING A NEW CHAPTER 1.15 OF TITLE 1 OF THE AVON
M UNICIPAL CODE ESTABLISHING PERMANENT LOCATIONS FOR POSTING NOTICE OF PUBLIC MEETINGS
(TOWN ATTORNEY P AUL WISOR )
Start Time: 01:37:05 Part Two
Town Attorney Paul Wisor presented Ordinance 20-02 to Council, which designates four places
for public meeting notices, which will be permanent. Councilor Prince moved to approve
Ordinance 20-02, Designating and Establishing Permanent Locations for Posting Notices of
Public Meetings. Mayor Pro Tem Phillips seconded the motion and the motion passed
unanimously with a vote of 6-0. Councilor Wolf was absent.
5.7. OPPORTUNITY ZONE PROSPECTUS (PLANNING DIRECTOR MATT PIELSTICKER)
Start Time: 01:39:55 Part Two
Planning Director Matt Pielsticker presented and answered questions from Council members.
Council had some comments, edits, and suggestions for the slides. Mayor Smith Hymes
proposed hiring a graphic designer to fine tune the final product and staff agreed. Planning
Director Matt Pielsticker said that was done for the Comprehensive Plan. John LaConte, from
the Vail Daily, made a public comment about a quote from the Vail Daily featured in the
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 11, 2020
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
prospectus. He says that references a report from LIV Sotheby’s. Mr. LaConte suggested citing
the original source material instead of the Vail Daily.
5.8. AUTHORIZATION TO PURSUE CODE AMENDMENTS RELATED TO ELECTRIC READINESS FOR PV SYSTEMS AND
ELECTRIC CHARGING STATIONS (PLANNING DIRECTOR MATT PIELSTICKER)
Start Time: 02:13:15 Part Two
Planning Director Matt Pielsticker was asking for Council’s approval to move forward with code
amendments for EV and Solar Ready building code for new construction. He explained the
various code amendments and explained where the code amendments originated from. Council
felt the code amendments had significant policy support and approved staff moving forward on
this issue.
5.9. APPROVAL OF MINUTES FROM JANUARY 28, 2020
Start Time: 02:22:02 Part Two
Councilor Prince requested one change, reword from ‘he would like to look at funds for
Homestake Peak’ to ‘he supported funds for the program’. Councilor Underwood moved to
approve minutes of January 28th as amended. Mayor Pro Tem Phillips seconded the motion and
the motion passed unanimously by a vote of 6-0. Councilor Wolf was absent.
5.10. DISCUSSION ABOUT SPECIAL EVENTS DANCE SCHEDULE
Start Time: 02:23:09 Part Two
Town Manager Eric Heil updated Council on Special Events. Colorado Classic wants to return to
Avon this year but are willing to plan an every-other year basis long term. The Culture Arts &
Special Events (CASE) Committee originally planned two dance events, but during last Council
Meeting the direction was given for only one dance. Town Manager Heil wanted to finalize the
direction. He also presented the events budget, which is short $53,646. Town Manager Heil
suggested using money from the Holy Cross Community Fund. Councilor Thuon inquired about
the funds used for the salary of the former Deputy Town Manager. Town Manager Heil said that
was a position General Government was not planning to fill this year. After Council discussion,
there was a majority agreement to draw from the Holy Cross fund, for this year only, and maybe
draw a little bit from general government from the deputy town manager salary surplus.
5.11. FEBRUARY 4TH PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT
PIELSTICKER)
Start Time: 02:49:35 Part Two
Councilor Underwood requests that the Planning and Zoning Commission summaries reflect the
format of the Town Council Meeting Minutes going forward.
6. WRITTEN REPORTS
6.1. UPPER EAGLE REGIONAL WATER AUTHORITY JANUARY 23, 2020 MEETING SUMMARY (MAYOR SMITH HYMES)
6.3. TOWN MANAGER REPORT (TOWN MANAGER ERIC HEIL)
6.4. USFS ROAD 779 (PLANNING DIRECTOR MATT PIELSTICKER)
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 11, 2020
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start Time: 02:51:00 Part Two
Councilor Thuon asked if the door was ordered for the back of the stage. Town Manager Eric Heil
confirmed it was ordered. Councilor Thuon also asked if the Town could use more of the heat,
we are recovering from the Wastewater Treatment Plant. Town Manager Eric Heil explained that
type of heat has limited uses but could be used if we expanded the pool at the Recreation Center.
Councilor Fancher expressed interest in the infrared technolog y proposed by Mr. Bol la during
Public Comment, especially for the water pooling on the stage .
Councilor Prince asked for an update on the stage ’s concrete deck. Town Manager Eric Heil said
that project has not gone out for bidding yet. He knows that Town Engineer Justin Hildreth and
Cultural, Arts and Special Events Manager , Danita Dempsey ha ve discussed a concept, but that
project probably would not be started until the fall. Councilor Prince said he would not support
moving the g ate down on USFS Road 779, as mentioned in the report prepared by Planning
Director Matt Pielsticker.
Mayor Smith Hymes informed Council about testifying before the State Legislature for SB 20 -
010. Unfortunately, even with overwhelming support, the bill failed to make it out of committee.
There are two more bills on the docket that are similar to Avon’s polystyrene ban , which s he
thinks Council should wait and se e the outcome of those bills . Then Council can address how to
proceed with the Town’s ordinance banning polystyrene foam .
Mayor Smith Hymes said that she needed name suggestions for stakeholders regarding the Town
Manager ’s evaluation by February 12 th.
She also mentioned the Town’s Finance Department has once again been awarded for Excellence
in Financial Reporting by the Government Finance Officers Association. She said that Finance
Director Scott Wright believes this to be the 30 th consecutive year to receive this award.
8. A DJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the
regular meeting. The time was 9:34 p.m .
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 11, 2020
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
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:
Charise Bishop
General Government Intern
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood
AVON PLANNING AND ZONING COMMISSION
MEETING ABSTRACT
TUESDAY FEBRUARY 18, 2020
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
February 18, 2020 Planning and Zoning Commission Meeting Abstract Page 1 of 1
1. CALL TO ORDER AND ROLL CALL
Chairperson Lindsay Hardy called the regular meeting to order at 5:08 p.m. A roll call was taken, and
Planning Commission members present were Rebecca Smith, Marty Golembiewski, Jared Barnes,
Steve Nusbaum, and Alex Dammeyer. Also present were Town Planner David McWilliams, Planning
Director Matt Pielsticker, and Town Manager Eric Heil.
2. CONFLICTS OF INTEREST
No conflicts of interest were disclosed.
3. APPROVAL OF AGENDA
Commissioner Barnes moved to approve the agenda. Commissioner Smith seconded the motion and
the motion passed unanimously 6-0.
4. BUSINESS ITEMS
4.1 LED SIGN POLICY – AVON ROAD RAILROAD BRIDGE – WORK SESSION
Commissioners discussed finer points of a new proposed sign. Staff agreed to come back the next
meeting with the finalized policy for more discussion and a recommendation to Town Council.
4.2 CONSENT AGENDA
4.2.1 Approval of minutes from February 4, 2020 PZC meeting
4.2.2 Record of decision from LCE20001, ERWSD expansion
4.2.3 Record of decision from sgn20001, Avon road railroad bridge sign
5. OTHER B USINESS
Eric Heil discussed updates with the Town including special events, and future planning initiatives.
6. A DJOURN
There being no further business before the Commission, Commissioner Barnes moved to adjourn
the meeting. The time was 6:35 p.m.
This meeting abstract is 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.
RESPECTFULLY SUBMITTED:
David McWilliams, Town Planner
FISCAL YEAR 2019
FINANCIAL REPORT
February 25, 2020
______________________________________________________________________________________
1. Financial Report Cover Memo
2. Sales and Accommodations Tax Reports – December
3. Accommodations Tax Report – December
4. Cigarette & Tobacco Tax – 4th Quarter 2019
5. Real Estate Transfer Tax Report and Monthly Detail – December
6. Recreation Center Admissions – December
7. Recreation Center Program Fees - December
8. General Fund Year-To-Date Expenditures - December
9. Fleet Maintenance Fund Year-To Date Expenditures - December
10. Mobility Fund Year-To Date Expenditures - December
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Nelly Burns, Senior Accountant
Meeting Date: February 25th, 2020
Agenda
Topic: Fiscal Year 2019 Financial Report – December 2019
SUMMARY
Revenues
SALES TAX
Sales tax revenue for the month of December totaled $1,460,063, a 15.45% increase from the previous
year and a 6% positive variance over the 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 $13,939 for
Home/Garden, $13,523 for Sporting Goods Retail/Rental, $28,105 for Miscellaneous Retail, $33,325
for Accommodations, $4,000 for Restaurants/Bars, $75,710 for Other and $28,645 for Service-
Related businesses. Monthly sales tax collections have decreased ($5,617) for
Grocery/Specialty/Health, and ($2,294) for Liquor Stores.
Year-to-date sales tax revenues through December increased 7.06% over the previous year, which
is $595,245 over the previous year, $510,519 over original budget estimates, and $293,084 over
the final 2019 revised budget.
-
50,000.00
100,000.00
150,000.00
200,000.00
250,000.00
300,000.00
350,000.00
400,000.00
Sales Tax Comparison by Industry
Dec-18 Dec-19
2
New and Renewed
Business, Contractor & Sales Tax Licenses
Issued in
December
Business License - Fixed Location 30
Business License - Home Occupation 6
Business License - Short Term Accommodation 27
Business License – Special Event 0
Business License - Vendor 54
Contractor License 6
Liquor License 1
Sales Tax License 36
Grand Total 160
ACCOMMODATIONS TAX
Accommodations tax revenue for the month of December totaled $219,964, a 18.89% increase from
the previous year and a 3.48% positive variance from the 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 $10,924 for time shares and $18,227 for Hotels,
and $5,804 for Vacation Rentals compared to December 2018.
Year-to-date accommodation tax revenues through December increased 11.43% over the previous year,
which is a $152,571 increase over the previous year, $113,459 over original budget estimates, and
$40,143 over the final 2019 revised budget.
-
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
Dec-18 Dec-19
3
CIGARETTE AND TOBACCO TAX
In summary, a grand total of $68,766 has been collected in cigarette and tobacco tax for the 4th quarter.
This figure includes:
• $38,796 for the per pack excise tax.
• $29,970 has been collected for the 40% sales tax on other tobacco tax.
• $0 has been collected for penalties and interest.
The final 2019 revenue for cigarette and tobacco tax totals $343,637 which is a negative variance of
8.36% over the final 2019 revised budget of $375,000. The decrease is attributable to Walgreens
discontinuing the sale of tobacco products in November.
-
5,000.00
10,000.00
15,000.00
20,000.00
25,000.00
30,000.00
OCT NOV DEC
Cigarette & Tobacco Tax Revenues -4th Quarter 2019
Tobacco- Interest Total Tobacco- Penalty Total
Tobacco Tax - 40% Rate Total Tobacco Tax - Per Pack Fee Total
0%
20%
40%
60%
80%
100%
120%
140%
-
5,000.00
10,000.00
15,000.00
20,000.00
25,000.00
30,000.00
35,000.00
40,000.00
45,000.00
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Tobacco Tax Revenues vs. Budgeted Revenues 2019
Budgeted Cigarette & Tobacco Tax Revenue Actual Collections Percentage of Budget
4
REAL ESTATE TRANSFER TAX
Real estate transfer tax collections for the month of December totaled $1,597,177.98, an increase of
714.45% from the previous year and a positive variance of 80.13% over the cumulative monthly
budgets, which is based on average of the relative monthly percentages of taxes collected over a 5-
year period. Contributing to the increased revenue are Wyndham December sales in the amount of
$498,718, along with other large transfer tax receipts received close to year-end including $132,000
from the sale of 42 Riverfront Lane (Lot 1), $95,000 from the sale of Lot B, and $130,000 from the sale
of a Mountain Star home.
Actual RETT collections through December totaled $4,998,503 which is 80.13% or $2,223,503 over
budget.
Real Estate Transfer Tax (RETT) Transactions December
RETT Transactions which paid 2% tax 23
RETT Exemptions for Primary Residence 2
RETT Exemptions for Full Exemption 10
Deed Restricted & Tax Exempt 0
Grand Total 35
RECREATION CENTER ADMISSIONS
December admission fees totaled $276,537 a 47.94% increase from the previous year. This is a
103.37% positive variance compared to the monthly budget, which is based on average of the relative
monthly percentages of taxes collected over a 5-year period. The December increase is due in part
to the annual Black Friday admission sales, plus positive reaction to the weight room remodel
completed in 2019.
Year-to-date admission collections totaled a record $1,002,416.89 which is the highest annual
collections to date, and a positive variance over the final 2019 revised budget of $22,417.
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
2015 2016 2017 2018 2019
Recreation Center Admissions December
5
RECREATION CENTER PROGRAM FEES
December program fees totaled $25,937.72 which is a 1.48% decrease from the previous year. This
is a 24.42% 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 December 2019 total 90.44% of the total adopted budget. These
expenditures include insurance premiums, computer services, events, community grants, equipment
replacement, contract services, janitorial and legal services.
Fleet expenditures through December 2019 total 104.06% of the total budget. These costs include
expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums.
Mobility funds are December 2019 total 101.98% of the total budget. These expenditures include
costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance
premiums.
$-
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
2015 2016 2017 2018 2019
Recreation Center Program Fees December 2019
TOWN OF AVONSALES TAX 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from BudgetJanuary 638,863.27$ 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 817,828.62 819,179.33$ 1,350.71$ -0.80% 0.17%February 673,722.03 788,999.06 774,754.00 798,923.33 785,412.03 829,920.52 809,165.90 (20,754.62) 3.02% -2.50%March 793,301.96 875,499.53 945,795.71 918,657.55 1,014,399.70 987,540.28 1,130,669.61 143,129.33 11.46% 14.49%April 381,839.56 403,560.42 438,198.18 425,727.85 394,986.15 443,930.08 424,685.32 (19,244.76) 7.52% -4.34%May 340,332.28 353,840.11 404,872.55 394,689.30 418,628.58 415,276.78 422,685.32 7,408.54 0.97% 1.78%June 538,517.31 570,424.51 693,675.00 650,794.65 757,498.52 697,261.19 725,840.03 28,578.84 -4.18% 4.10%July 570,959.86 601,516.82 690,342.23 682,024.81 696,374.00 703,842.63 755,668.37 51,825.74 8.51% 7.36%August 547,085.80 572,647.57 593,398.26 618,515.44 639,569.12 645,210.78 670,351.82 25,141.04 4.81% 3.90%September 546,016.59 595,235.68 667,949.51 690,883.92 680,720.64 690,724.07 841,688.74 150,964.67 23.65% 21.86%October 417,921.46 423,701.53 451,303.71 458,645.68 490,977.90 486,978.23 445,742.30 (41,235.93) -9.21% -8.47%November 397,935.36 438,315.55 445,336.04 435,975.05 456,409.92 472,086.18 514,924.82 42,838.64 12.82% 9.07%December 1,221,263.98 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,319,545.64 1,460,062.64 140,517.00 15.45% 10.65% Total 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 8,510,145$ 9,020,664.20$ 510,519.20$ 7.06% 6.00% Actual Collections$0$200,000$400,000$600,000$800,000$1,000,000$1,200,000$1,400,000$1,600,0002015 2016 2017 2018 2019YearSales Tax Collections for December 2019
TOWN OF AVONACCOMMODATIONS TAX 2019 Actual vs. Budget Budget YTD Collections Budget % change % change 2014 2015 2016 2017 2018 2019 2019 Variance 2018 to budgetJanuary 129,851.78$ 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 188,298$ 197,879.22$ 9,581.20$ 8.97% 5.09%February 150,317.06 175,056.31 185,370.53 194,804.88 186,147.24 201,220 203,190.38 1,970.70 9.16% 0.98%March 168,597.39 183,650.29 217,387.54 201,008.55 206,783.36 220,566 246,969.61 26,403.89 19.43% 11.97%April 31,626.02 34,825.13 60,916.55 38,340.02 33,275.27 44,902 31,824.90 (13,077.50) -4.36% -29.12%May 21,961.97 28,002.56 37,357.48 39,961.98 42,618.10 38,340 47,259.21 8,919.19 10.89% 23.26%June 54,232.23 53,397.46 73,591.08 83,723.31 94,803.78 81,181 92,411.81 11,231.29 -2.52% 13.83%July 81,083.01 86,301.22 107,595.18 119,300.76 119,458.02 115,930 131,645.50 15,715.60 10.20% 13.56%August 71,044.33 75,107.71 87,674.05 100,628.23 98,193.15 97,631 110,203.30 12,572.29 12.23% 12.88%September 50,840.16 60,417.74 68,139.11 81,837.60 85,257.82 78,189 89,362.90 11,173.59 4.81% 14.29%October 34,977.59 38,706.72 45,738.23 48,223.10 53,236.86 49,844 45,781.00 (4,063.23) -14.01% -8.15%November 32,064.02 34,328.47 37,570.50 46,397.08 47,934.88 44,747 70,385.29 25,638.15 46.84% 57.30%December 168,944.85 198,421.26 200,114.56 189,505.28 185,008.67 212,570 219,964.12 7,394.08 18.89% 3.48% Total 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,373,418.00$ 1,486,877.24$ 113,459.24$ 11.43% 8.26%0.88 0.88 0.97 1.00 0.97 Actual Collections $160,000 $170,000 $180,000 $190,000 $200,000 $210,000 $220,000 $230,0002015 2016 2017 2018 2019Accommodations Tax Collections for December
TOWN OF AVONREAL ESTATE TRANSFER TAX 2019 Actual vs. BudgetBudget YTD Collections $ Change % of Change % change 2013 2015 2016 2017 2018 2019 2019 2018 2018 to budgetJanuary 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%February 55,872.69 85,479.08 200,850.86 270,815.26 269,578.51 161,754.65 298,730.16 29,151.65 10.81% 84.68%March 125,927.64 168,744.22 265,061.65 254,737.53 344,556.74 212,416.61 180,819.76 (163,736.98) -47.52% -14.87%April 144,437.80 125,266.30 159,046.06 249,938.93 122,312.21 146,800.60 312,899.53 190,587.32 155.82% 113.15%May 121,784.12 237,971.08 184,987.10 377,490.82 351,236.93 233,390.60 278,241.63 (72,995.30) -20.78% 19.22%June 90,309.74 294,434.84 307,127.24 703,419.85 343,140.71 318,604.88 237,143.93 (105,996.78) -30.89% -25.57%July 386,434.78 396,838.68 259,977.94 219,208.74 272,420.41 281,299.66 86,755.74 (185,664.67) -68.15% -69.16%August 97,579.70 152,380.93 186,483.40 592,467.49 343,249.80 251,477.88 400,027.60 56,777.80 16.54% 59.07%September 157,010.67 291,223.61 321,957.68 423,013.80 311,022.50 275,681.97 604,158.92 293,136.42 94.25% 119.15%October 169,839.80 172,855.22 641,688.59 497,642.58 330,671.24 332,215.54 359,782.63 29,111.39 8.80% 8.30%November 112,491.82 169,328.38 315,109.37 425,402.80 211,818.76 226,184.57 570,245.09 358,426.33 169.21% 152.11%December 83,382.60 225,862.90 588,514.66 227,918.50 196,105.45 242,245.18 1,597,177.98 1,401,072.53 714.45% 559.32% Total 1,567,606.36$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 2,775,000$ 4,998,502.97$ 1,638,326.51$ 48.76%80.13%Budget 2,775,000.00 Variance, Favorable (Unfavorable) 2,223,502.97$ Actual Collections$0$200,000$400,000$600,000$800,000$1,000,000$1,200,000$1,400,000$1,600,000$1,800,0002015 2016 2017 2018 2019YearReal Estate Transfer Tax for December
TOWN OF AVON
RECREATION CENTER ADMISSION FEES
2019 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget
January 70,039.90$ 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 79,714.43$ 72,981.86$ (6,732.57)$ -17.61%-8.45%
February 68,578.10 63,838.00 68,506.00 86,342.00 75,952.60 80,287.10 64,868.20 (15,418.90) -14.59%-19.20%
March 72,616.10 77,902.00 81,664.00 76,023.00 79,071.20 85,605.34 78,824.90 (6,780.44) -0.31%-7.92%
April 64,370.00 61,760.00 55,452.00 67,398.00 61,817.56 68,700.13 53,085.20 (15,614.93) -14.13%-22.73%
May 35,063.70 43,119.00 50,067.40 54,337.00 50,252.60 51,467.96 63,563.00 12,095.04 26.49%23.50%
June 46,194.30 55,052.00 58,430.50 58,044.00 62,135.02 61,860.62 68,601.20 6,740.58 10.41%10.90%
July 71,491.30 61,472.00 66,399.80 65,873.60 72,441.40 74,641.93 88,528.43 13,886.50 22.21%18.60%
August 57,328.80 63,233.00 66,388.60 76,558.30 73,573.10 74,510.12 70,491.40 (4,018.72) -4.19%-5.39%
September 43,829.00 36,846.00 44,719.00 49,017.70 49,315.70 49,453.74 55,598.60 6,144.86 12.74%12.43%
October 48,803.00 75,818.00 61,167.00 51,833.00 59,692.77 65,719.61 58,055.60 (7,664.01) -2.74%-11.66%
November 93,822.00 29,570.00 71,384.00 72,114.00 126,981.80 87,063.24 51,281.50 (35,781.74) -59.62%-41.10%
December 69,258.00 77,672.00 112,201.00 169,092.78 186,927.10 135,975.79 276,537.00 140,561.21 47.94%103.37%
Total 741,394.20$ 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 915,000$ 1,002,416.89$ 87,416.89$ 1.59%914,999.00$
.
Actual Collections
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
2015 2016 2017 2018 2019
Recreation Center Admissions December
TOWN OF AVONRECREATION CENTER PROGRAM FEES 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from BudgetJanuary 19,367.43$ 23,252.13$ 17,133.04$ 28,815.64$ 32,368.50$ 31,321.54$ 26,095.68$ (5,225.86)$ -19.38% -16.68%February 26,144.75 20,734.70 22,435.59 28,915.58 35,279.57 34,577.95 23,197.74 (11,380.21) -34.25% -32.91%March 19,727.40 15,184.33 19,132.72 29,016.16 28,669.46 28,937.09 27,280.96 (1,656.13) -4.84% -5.72%April 29,969.50 18,360.00 18,538.66 26,397.13 45,827.30 36,023.74 31,132.63 (4,891.11) -32.07% -13.58%May 31,395.87 22,175.69 39,447.85 44,605.22 37,300.42 45,304.03 31,335.76 (13,968.27) -15.99% -30.83%June 41,698.34 31,443.66 33,369.05 45,885.37 37,231.17 49,111.86 34,568.93 (14,542.93) -7.15% -29.61%July 48,801.54 29,162.29 44,969.88 46,745.40 49,968.33 56,886.73 43,607.82 (13,278.91) -12.73% -23.34%August 41,195.29 31,055.94 46,025.52 52,318.40 64,320.46 60,841.05 52,610.60 (8,230.45) -18.21% -13.53%September 15,886.00 18,209.25 36,240.11 30,853.05 41,463.74 36,945.64 34,704.93 (2,240.71) -16.30% -6.06%October 19,819.50 20,380.77 22,068.60 26,881.06 26,782.63 30,025.50 22,588.68 (7,436.82) -15.66% -24.77%November 9,991.00 20,095.40 30,866.78 25,906.72 24,952.65 28,958.46 20,749.47 (8,208.99) -16.84% -28.35%December 16,653.80 21,918.03 30,294.89 37,309.30 26,328.09 34,317.39 25,937.72 (8,379.67) -1.48% -24.42% Total 320,650$ 271,972$ 360,523$ 423,649$ 450,492$ 473,251$ 373,810.92$ (99,440.08)$ -17.02% -21.01%Actual Collections $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,0002015 2016 2017 2018 2019Recreation Center Program Fees December 2019
Dept./Div. 2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
111 Mayor and Town Council 283,745$ 2,637$ 279,608$ 1,500$ 99.47%
112 Boards and Commissions 16,049 - 13,112 2,937 81.70%
113 Town Attorney 155,000 - 209,442 (54,442) 135.12%
115 Town Clerk 129,367 5,181 78,710 45,476 64.85%
121 Municipal Court 90,920 1,712 149,935 (60,726) 166.79%
131 Town Manager 349,305 2 363,035 (13,732) 103.93%
133 Community Relations 203,196 15,948 190,363 (3,115) 101.53%
Total General Government 1,227,582 25,479 1,284,204 (82,101) 106.69%
Human Resources Department:
132 Human Resources 506,632 6,719 510,676 (10,763) 102.12%
Finance & IT Department:
141 Finance 936,944 310 924,058 12,577 98.66%
143 Information Systems 431,244 11,168 458,866 (38,790) 108.99%
149 Nondepartmental 584,917 13,617 630,734 (59,434) 110.16%
Total Finance & IT 1,953,105 25,095 2,013,658 (85,647) 104.39%
Total General Gov't Departments 3,687,319 57,293 3,808,538 (178,512) 104.84%
Community Development:
212 Planning 343,353 25,958 328,521 (11,126) 103.24%
213 Building Inspection 181,662 2,100 179,278 284 99.84%
215 Town Produced Events 426,638 646 397,201 28,790 93.25%
216 Signature Event Seed Funding 247,093 800 221,784 24,509 90.08%
217 Community Grants 201,000 - 197,117 3,883 98.07%
218 Salute to the USA 174,961 - 205,957 (30,996) 117.72%
Total Community Development 1,574,707 29,504 1,529,858 15,344 99.03%
Police Department:
311 Administration 846,756 6,617 821,849 18,290 97.84%
312 Patrol 2,756,693 12,251 2,842,213 (97,771) 103.55%
313 Investigations 315,704 1,053 307,018 7,633 97.58%
Total Police 3,919,153 19,921 3,971,080 (71,848) 101.83%
Public Works:
412 Engineering 275,025 1,313 265,096 8,616 96.87%
413 Roads and Bridges 2,300,456 16,588 2,277,439 6,429 99.72%
415 Parks 630,423 24,675 506,290 99,458 84.22%
418 Buildings & Facilities 1,251,071 24,578 1,275,256 (48,763) 103.90%
Total Public Works 4,456,975 67,154 4,324,080 65,740 98.53%
Recreation Department:
514 Administration 246,250 11,022 245,912 (10,684) 104.34%
515 Adult Programs 62,136 750 52,994 8,392 86.49%
516 Aquatics 685,108 738 685,628 (1,258) 100.18%
518 Fitness 140,349 708 137,543 2,098 98.50%
519 Guest Services 339,421 250 346,106 (6,935) 102.04%
521 Youth Programs 153,951 2,207 148,726 3,019 98.04%
523 Community Swim Program 82,146 - 82,376 (230) 100.28%
Total Recreation 1,709,361 15,675 1,699,284 (5,597) 100.33%
Contingency 45,000 100,000
Operating Transfers 1,700,000 (63,223) 1,870,000
1,870,000
TOTAL OPERATING EXPENDITURES 17,092,515$ 189,547$ 15,269,618$ 1,795,128$ 90.44%
Department Expenditure Summaries
General Fund
December 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 1,773,462$ 33,389$ 1,812,019$ (71,945)$ 104.06%
Total Operating Expenditures 1,773,462 33,389 1,812,019 (71,945) 104.06%
TOTAL EXPENDITURES 1,773,462$ 33,389$ 1,812,019$ (71,945)$ 104.06%
Expenditure Summary
Fleet Maintenance Enterprise Fund
December 2019 Expenditures to Date
Dept./Div. 2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 259,051$ 3,069$ 280,759$ (24,777)$ 109.56%
432 Transit Operations 1,060,781 2,820 1,103,748 (45,787) 104.32%
436 Wash Bay 167,158 6,541 147,784 12,833 92.32%
437 Programs 376,376 - 355,585 20,791 94.48%
Total Operating Expenditures 1,863,366 12,430 1,887,876 (36,940) 101.98%
TOTAL EXPENDITURES 1,863,366$ 12,430$ 1,887,876$ (36,940)$ 101.98%
Expenditure Summary
Mobility Enterprise Fund
December 2019 Expenditures to Date
(970) 748-4055 swright@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Scott Wright, Asst. Town Manager
RE: Debt Refinancing Request for Proposals
DATE: February 18, 2020
SUMMARY: The Town has an opportunity to refinance its Series 2010 Certificates of Participation (COPs)
due to a very favorable interest rate environment and the age of the existing debt. These bonds were
originally issued to refinance the Fleet Maintenance Facility debt and to issue and additional $3 million in
proceeds to be used as the Town's 20% match of the federal grant that was used to construct the Avon
Regional Transit Facility. The original amount of the 2010 COPs was $6,680.000 and interest rates ranged
from 2.00% to 5.00%.
Using current interest rates, it is estimated that the refunding issue would be in the amount of $4,050,000
with an interest rate of 2.25%. The maturity date of December 1, 2030 would not change. Present value
savings is estimated at $363,555 or 8.455% of the refunded bonds.
RECOMMENDATION: Town staff recommends proceeding by issuing a Request for Proposals containing
a Term Sheet to prospective lenders. The Term Sheet sets out the Town's requirements for the borrowing.
Responses would be due by 5:00 pm March 6, 2020.
If proposal(s) are acceptable, selection of the approved lender would be made by March 9, 2020. The
attached timetable provides for 1st reading of a parameters bond ordinance on March 10, 2020 with 2nd
reading of the final ordinance on March 24. Bond ordinances are subject to a 30-day referendum period,
so closing would be on or around April 28, 2020.
PROPOSED MOTION: There is no required action or motion on behalf of the Town Council at this time.
Thank you, Scott
ATTACHMENTS:
Attachment A - Preliminary Placement Summary - Request for Proposals
Attachment B - Proposed Timetable
Town of Avon, Colorado
Preliminary Placement Summary
Request for Proposals
Refunding Series 2010 Certificates of
Participation
Proposals Due: 5:00PM MT, Friday, March 6, 2020
ATTACHMENT A
Term Sheet
Town of Avon, Colorado
Private Placement Refunding
Borrower Town of Avon (the “Town”)
Financing Vehicle Convertible (Taxable to Tax-Exempt) Certificates of Participation
Amount Approximately $4,050,000
Use of Proceeds 1. Proceeds of the financing will be used to refund the outstanding
Series 2010 Certificates of Participation and;
2. To pay certain costs of issuance related to the placement.
Purpose The proceeds of the financing will be used to refund the outstanding Series
2010 Certificates of Participation.
Expected Closing April 28, 2020
Principal
Payments Annually beginning December 1, 2020 through December 1, 2030
Interest
Payments Semiannually on June 1 and December 1, December 1, 2020
Call Feature The Town would like to have the option of prepaying without penalty. We
would like to see rates structured with each the following options:
1. Prepayment at any time with no prepayment penalty
2. 5-year prepayment protection with no prepayment penalty, and
3. 10-year prepayment protection with no prepayment penalty.
Please note the Town will treat proposals with no prepayment penalty
more favorably.
Rate Lock Please provide information regarding the ability to lock rates prior to
closing (this is in addition to the general interest rate request). Please
provide terms of any rate lock agreements required to lock rates.
Tax Status Closing through 9/2/2020 – Taxable
9/2/2020 through 12/1/2030 – Tax-Exempt
Additional
Obligations
The Town is not restricted from issuing additional obligations, whether in
the form of additional financings or certificates of participation.
The Town The Town is located in Eagle County (the “County”) on Interstate Highway
70. It is located 8 miles west of the Town of Vail and the Vail Ski Resort,
114 miles west of Denver, and 23 miles east of the Town of Eagle. The
Town encompasses approximately eight and one-quarter square miles of
land. In addition to the Town’s role as a center of commercial and retail
development for the area, the Town serves as a support base for the Vail,
Beaver Creek and Arrowhead resorts, with a number of various types of
accommodations for visitors to the area. The Town also is a major
residential community within the County.
Security/Sources
of payment
1. The Town’s payments under the financing will be paid from base rental
payments made by the Town pursuant to an annual appropriation
lease purchase agreement.
2. Please provide rates considering COPs structured:
ATTACHMENT A
PREPARED FOR THE TOWN OF AVON PIPER SANDLER
1. Including a debt service reserve fund
2. Without a debt service reserve fund
Estimated
Amortization
Series 2020
12/1/2020 $380,000
12/1/2021 330,000
12/1/2022 335,000
12/1/2023 350,000
12/1/2024 355,000
12/1/2025 360,000
12/1/2026 370,000
12/1/2027 380,000
12/1/2028 390,000
12/1/2029 395,000
12/1/2030 405,000
Financing
Structure
Each Certificate will evidence a proportionate interest in the right to receive
certain designated Revenues, including Base Rentals, under and as
defined in the Lease and the Indenture. Under the Site Lease, the Leased
Property will be leased by the Town to the Trustee, and under the Lease,
the Leased Property will be leased by the Trustee back to the Town and
the Town will agree to pay directly to the Trustee, Base Rentals in
consideration of the Town’s right to possess and use the Leased Property.
Certain Revenues, including Base Rentals, are required under the
Indenture to be distributed by the Trustee for the payment of the
Certificates and interest thereon.
The lease will be structured with annually appropriated payments being
appropriated by the Council during the budgeting process each year.
Legal Opinion Butler Snow LLP
Placement Agent Piper Sandler & Co
The Lease The Lender will acknowledge that: (a) no official statement is being
prepared; (b) it has undertaken an independent review of the credit and
been provided with all information necessary with respect to loaning the
funds to the Town; and (c) it intends to hold the financing until maturity
and does not intend to resell or transfer interest or obligations under the
financing.
THE TOWN WILL NOT WAIVE SOVEREIGN IMMUNITY, NOR GRANT
INDEMNIFICATION TO THE LENDER.
THE TOWN WILL NOT WAIVE THE RIGHT TO EXERCISE ITS
POWERS OF EMINENT DOMAIN.
ATTACHMENT A
PREPARED FOR THE TOWN OF AVON PIPER SANDLER
Documentation Legal documents will be drafted by the law firm of Butler Snow LLP, which
has been retained by the Town as Certificate Counsel for this transaction.
Butler Snow LLP will render an opinion in customary form with respect to
the validity of the Lease Agreement and tax-exempt treatment of the
interest portion of the Base Rentals due under the Lease Agreement.
Drafts of the Site Lease, the Lease and any other required documents will
be available for review and comment by the Lender prior to the final action
by the Town.
Lenders will be required to sign an investor letter and tax certificate.
Additional
Information
The Series 2010 Official Statement can be found on EMMA’s web site.
(https://emma.msrb.org/EP473439-EP368780-EP765663.pdf)
The base CUSIP for the District’s Outstanding Certificates of Participation
is 05402R.
Fiscal year-end 2018 audited financials and the 2020 budget are attached
for your reference.
(https://emma.msrb.org/EP1037288-EP803645-EP1205169.pdf)
(https://www.avon.org/DocumentCenter/View/20017/2020-Adopted-
Budget)
Request for
Proposal
All responses should include a fixed rate through the final maturity
of 12/1/2030 for the Series 2020 COPs. Responses should include basic
information about the responding entity along with its experience with
direct placements in the municipal bond market. Also include any
expenses that will be required to be paid by the Town, such as upfront fees
and Lender’s counsel.
Provide a rate as of March 5, 2020. Indicate how long a rate may be locked
without incurring additional costs or premium. Also, indicate the additional
cost in basis points to lock the rate one month prior to closing.
Responses are due 3/6/20 by 5:00 PM Mountain Time. Electronic copies
are to be submitted to Jonathan Heroux and Marc Ragan at the email
addresses listed below.
All questions should be submitted to Jonathan Heroux and Marc Ragan.
Contacting the Town during the RFP period may result in disqualification.
P. Jonathan Heroux
Piper Sandler & Co.
Managing Director
pjonathan.heroux@psc.com
(303) 405-0848
Marc T. Ragan
Piper Sandler & Co.
Assistant Vice President
marc.ragan@psc.com
ATTACHMENT A
PREPARED FOR THE TOWN OF AVON PIPER SANDLER
(303) 405-0845
ATTACHMENT A
*Preliminary; subject to change.
$4,050,000*
TOWN OF AVON, COLORADO
REFUNDING CERTIFICATES OF PARTICIPATION, SERIES 2020
As of February 18, 2020
Date Event Responsible
Parties
2/12/20 Engage Bond Counsel I/PA/BC
2/13/20 Circulate draft RFP to financing group for comment PA
2/17/20 PRESIDENT’S DAY HOLIDAY
2/18/20 Comments due on draft RFP I/BC
2/20/20 Finalize & Send out RFP I/PA
2/25/20 Update Town Council I/PA
3/6/20 Proposals Due I/PA
3/9/20 Review, negotiate, select I/PA
3/9/20 Accept Proposal, notify others I/PA
03/10/20 1st Reading Authorizing Ordinance ALL
3/17/20 Draft of legal documents sent to working group BC
03/24/20 2nd Reading and Authorizing Ordinance ALL
3/25/20 Lock rate ALL
3/27/20 Revised legal documents sent to working group BC/PA
4/7/20 Documentation Finalized ALL
4/27/20 Pre-closing ALL
4/28/20 Close on 2020 COPs ALL
Financing Team:
I Issuer Town of Avon
P Purchaser TBD
PC Purchaser’s Counsel TBD
PA Placement Agent Piper Sandler
BC Bond Counsel Butler Snow
T Trustee TBD
S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 6 7 1 2 3 4
2 3 4 5 6 7 8 8 9 10 11 12 13 14 5 6 7 8 9 10 11
9 10 11 12 13 14 15 15 16 17 18 19 20 21 12 13 14 15 16 17 18
16 17 18 19 20 21 22 22 23 24 25 26 27 28 19 20 21 22 23 24 25
23 24 25 26 27 28 29 29 30 31 26 27 28 29 30
FEBURARY 2020 MARCH 2020 APRIL 2020
ATTACHMENT B