TC Packet 06-09-2020MEETING 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, JUNE 9, 2020
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
!! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL 5:00
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: VAIL HEALTH (TBD VAIL HEALTH) (45 MINUTES) 5:15
5.2. RESOLUTION NO. 20-15 AUTHORIZING DEED RESTRICTION HOUSING PROGRAM (TOWN MANAGER ERIC
HEIL AND TOWN ATTORNEY PAUL WISOR) (15 MINUTES) 6:00
5.3. PUBLIC HEARING: SECOND READING OF ORDINANCE NO. 20-06 AMENDING SECTION 3.12.110 OF THE
AVON MUNICIPAL CODE TO AUTHORIZE ALLOCATION OF A PORTION OF REAL ESTATE TRANSFER TAX
REVENUE TO THE COMMUNITY HOUSING FUND (TOWN MANAGER ERIC HEIL) (15 MINUTES) 6:15
5.4. WORK SESSION: WILDRIDGE PROPERTY OWNER SURVEY (PLANNING DIRECTOR MATT PIELSTICKER) (30
MINUTES) 6:30
5.5. WORK SESSION: I-70 UNDERPASS DESIGN PRESENTATION (TOWN ENGINEER JUSTIN HILDRETH) (45
MINUTES) 7:00
5.6. OUTDOOR USE OF AMPLIFIED SOUND APPLICATION (CASE MANAGER DANITA DEMPSEY) (10 MINUTES)
7:45
6. CONSENT AGENDA
6.1. APPROVAL OF MINUTES FOR MAY 26, 2020 COUNCIL MEETING
7. WRITTEN REPORTS
7.1. JUNE 2ND PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT
PIELSTICKER)
THIS COUNCIL PACKET CONTAINS BOOKMARK LINKS WHICH ALLOWS YOU TO NAVIGATE TO SPECIFIC POINTS OF
INTEREST / AGENDA ITEMS VERY EASILY, BY CLICKING ON THE BOOKMARK LINKS. EACH AGENDA ITEM HAS ITS
OWN BOOKMARK LINK WHICH YOU CAN ACCESS IN THE MENU BAR ON THE LEFT-HAND SIDE OF THIS PDF. AS AN
EXAMPLE, IF YOU CLICK ON THE BOOKMARK FOR AGENDA ITEM 5.1, IT WILL TAKE YOU STRAIGHT TO PAGE 3.
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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7.2. ELECTRIC VEHICLE READINESS PLAN (MOBILITY DIRECTOR EVA WILSON)
7.3. COURT RESURFACING UPDATE (RECREATION DIRECTOR JOHN CURUTCHET)
7.4. WATER CONSERVATION REPORT (PUBLIC WORKS SUPERINTENDENT DREW ISAACSON)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) 7:55
9. EXECUTIVE SESSION PERSONNEL MATTER CONCERNING TOWN MANAGER ANNUAL REVIEW PURSUANT TO
CRS §24-6-402(4)(F). (60 MINUTES) 8:05
10. ADJOURN 9:05
*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 COUNCIL MEETINGS
TUESDAY, JUNE 23
- RECEIPT OF AUDIT REPORT (FINANCE DIRECTOR SCOTT WRIGHT) (30 MINUTES)
- RESOLUTION 20-XX ADOPTING PROCUREMENT POLICY (TOWN MANAGER ERIC HEIL) (30 MINUTES)
- APPROVAL OF RECYCLING CANS (PUBLIC WORKS DIRECTOR GARY PADILLA) (30 MINUTES)
- WORK SESSION: MEDIAN FOR RIVERFRONT LANE/HURD LANE (TOWN ENGINEER JUSTIN HILDRETH) (30
MINUTES)
- WORK SESSION ON LEGISLATIVE SESSION (TOWN ATTORNEY PAUL WISOR) (30 MINUTES)
TUESDAY, JULY 28
- WORK SESSION: REFRESH OF AVON BRAND GUIDELINES (30 MINUTES)
Vail Health Presentation
This data is updated daily. Please
follow link below to see the most
updated version
https://docs.google.com/presentation/d/1EB
dZ3FcGa8iDorJDCRFzeMwFqUiLwPMKuBdbTg
uafBQ/edit?usp=sharing
(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: June 3, 2020
SUMMARY: This report outlines the most recent changes made to the documents related to the proposed
Avon Deed Restriction Program. These changes are based on comments made at Council’s meeting on
May 26th. As in other reports, and as reference for Council, this report reiterates the policies, goals and
parameters of the Avon Deed Restriction Program. This report also recommends the adoption of
Resolution 20-15 to implement the program.
Changes: The following changes have been made to Resolution 20-15 as well as the form of the Deed
Restriction.
Resolution 20-15
• Eliminates businesses from the definition of Qualified Owner.
• Clarifies property to be acquired and upon which the deed restriction will be placed must be located
in the Town of Avon.
• Provides that, subject to a three (3) year occupancy period, the Qualified Owner may rent the
property an Eagle County Employee on a long term basis.
• Clarifies that the three (3) year occupancy period commences from date of acquisition of the
property by the Qualified Owner (as opposed to date of acquisition of the deed restriction by the
Town).
• Requires applicants to notify the title company of intent to place deed restriction on the property in
addition to notifying the lender an appraiser.
• Clarifies an applicant must put three percent (3%) of their own funds towards the purchase price of
the property.
Deed Restriction
• Adds the definition of Buyer, which means a Qualified Owner who purchases the property from an
Owner.
• Eliminates businesses from the definition of Qualified Owner.
• Clarifies a Buyer is subject to the same occupancy and use restriction as the original owne r under
the deed restriction.
• Requires the applicant to notify the title company of intent to place deed restriction on the property
in addition to notifying the lender an appraiser.
POLICIES: The strategy of these policies target first time home buyers due to the limited amount of initial
funds for this program. The Avon Deed Restriction would be “purchased” at closing, meaning that the Town
provides the negotiated amount of funds at closing and the Buyer executes the approved deed restriction at
closing. These policies are intended to simply the eligibility definition, simply the deed restriction terms,
and simplify the application process.
Page 2 of 3
GOALS: The goals of this Avon Deed Restriction program, with this initial level of funding, are the
following:
1. Provide financial assistance to help 8-10 first time home buyers purchase in Avon by the end of 2020.
2. Execute Community Housing deed restrictions on the property that will add to Avon’s inventory of
Community Housing subject to permanent deed restrictions.
3. Establish a deed restriction purchase program can continue with additional funding from Avon or from
potential partners.
Eligibility of Property: Any residential property in the Town of Avon is eligible for this Avon Deed
Restriction regardless of price or location.
Eligibility of Buyer: Buyers who meet the definition of Eagle County Employee as defined in Section
3.12.020 of the Avon Municipal Code. The definition is reprinted below:
Eagle County employee means an employee working in Eagle County who works an
average of at least thirty (30) hours per week on an annual basis or earns seventy -five
percent (75%) of his or her income and earnings by working in Eagle County; or a
retired individual, sixty (60) years or older, who has worked a minimum of five (5)
years in Eagle County for an average of at least thirty (30) hours per week on an annual
basis; or a person who derives income from self -employment whose business is situated
in Eagle County; or a person who works for an e mployer outside Eagle County if that
person can demonstrate that the residence for which such person seeks an exemption
under this Chapter is the primary residence for that person.
Residential Ownership: Buyers cannot own any other residential property in Eagle County at the time of
purchase (i.e. closing date).
Primary Residence: A Buyer is required to use the residence as a primary residence for at least three (3)
years per the same definition and verification process as used for Real Estate Transfer Tax primary
exemptions. The form of the Deed Restriction would allow occupancy by any person who meets the
definition of Eagle County Employee after three years, meaning that the buyer could rent the residence to
Eagle County Employees after three years. This approach will implement the focus on assisting first time
homebuyers to purchase in Avon while providing practical flexibility and oversight obligations of the Town
over time as a permanent deed restriction.
Minimum Required Down Payment: A Buyer must contribute at least three percent (3%) of Buyer’s funds
towards the purchase price of the property which does not include any third party down payment assistance
funding.
Negotiated Contribution: The amount of contribution from the Town to purchase the deed restriction
would be negotiated on behalf of the Town by an administrative committee consisting of the Town
Manager, Assistant Town Manager and Finance Director, and Town Attorney. The range of negotiation
would be between 8% and 12% of the lesser of appraised value or the purchase price in the purchase
contract. The administrative committee has the discretion to reject any application if there are concerns
with the property or the purchase contract and the administration committee deems the deed restriction
purchase to not be in the best interest of the Town.
Page 3 of 3
Maximum Contribution: The maximum contribution for a single transaction is seventy-five thousand
($75,000).
Appropriation from Housing Fund: The initial appropriation from the Avon Community Housing Fund is
six hundred and fifty thousand dollars ($650,000) which can fund at least eight (8) deed restrictions.
Application Process: The Avon Deed Restriction program will be offered on a first come, first serve basis
which will be queued by complete applications. A complete application requires a fully executed purchase
agreement.
Real Estate Transfer Tax Fund Contribution: Ordinance 20-07 was presented to Council for first reading
on May 26th and will again be presented to Council for second reading on June 9th. Ordinance 20-07
would amend Section 3.12.110 of the Avon Municipal Code to allow, but not require, Council to
appropriate a portion of Real Estate Transfer Tax revenues towards the Avon Community Housing Fund up
to a maximum of ten percent (10%) revenues. Council would then determine the amount of Real Estate
Transfer Tax revenue that would be budgeted for the Avon Community Housing Fu nd each year as part of
the budget adoption process.
Marketing: Staff will prepare a press release and information materials to be posted and sent to the
realtors’ association and local financial institutions. Staff will propose options and recommendation s for the
name of the Avon Deed Restriction program for the June 9th Council meeting.
Resolution 20-15: Resolution 20-15, attached hereto as Attachment A, has been presented for Council’s
consideration. Resolution 20-15 authorizes the Town Manager, Assistant Town Manager and the Town
Attorney to implement the deed restriction program, and it authorizes the Mayor, Town Manager and Town
Attorney to execute the documents necessary to purchase a deed restriction. The Resolution also sets
forth the parameters of the program, as set forth above. Finally, Resolution 20 -15 approves the forms of
the documents to be utilized for the program, including forms of the Deed Restriction, Deed Restriction
Purchase Agreement, Deed Restriction Application and Staff Review Form.
Financial Considerations: As noted above, $650,000 is being allocated to the initial phase of the deed
restriction program. Additional funding may be appropriated by Council from the Avon Community Housing
Fund
Recommendation: Staff recommends approval of Resolution 20-15.
Proposed Motion: “I move to approve Resolution 20-15, authorizing the implementation of the Avon Deed
Restriction Program.”
Thank you, Eric and Paul
ATTACHMENTS:
Attachment A – Resolution 20-15 (with attachments)
Res 20-15 IMPLMENTING THE AVON DEED RESTICTION PURCHASE PROGRAM
Page 1 of 4
TOWN OF AVON
RESOLUTION 20-15
IMPLMENTING THE AVON DEED RESTICTION PURCHASE PROGRAM
WHEREAS, Section E.1.1 of the Town of Avon Comprehensive Plan encourages the Town of
Avon (the “Town”) to achieve a diverse range of housing densities, styles and types, including
rental and for sale, to serve all segments of the populations; and
WHEREAS, Section E.1.3 of the Town of Avon Comprehensive Plan provides the Town should
achieve such housing goals through the adoption and implementation of deed restrictions; and
WHEREAS, the Town of Avon Community Housing Plan provides the Town should seek to
add deed restricted units to the Town’s housing inventory; and
WHEREAS, the Town of Avon Community Housing Plan provides a program to buy down
attainable market rate units with a permanent deed restriction, similar to the Vail InDeed
program, is an effective mechanism by which the Town can preserve affordability with respect to
those units; and
WHEREAS, pursuant to Resolution 20-14, the Town Council has appropriated $650,000 from
the Community Housing Fund for the purchase of deed restriction units the Avon Deed
Restriction Program; and
WHEREAS, the Avon Town Council desires to implement the Avon Deed Restriction Program,
set parameters for such program and authorize the Mayor, Town Manager and Town Attorney,
respectively to execute deed restrictions on behalf of the Town; and
WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution
will promote the health, safety and general welfare of the Avon community.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town Council hereby delegates to the Town Manager, Finance Director
and the Town Attorney (the “Evaluation Committee”) the authority to evaluate offers to sell and
negotiate the purchase of deed restrictions subject to the conditions set forth herein.
Res 20-15 IMPLMENTING THE AVON DEED RESTICTION PURCHASE PROGRAM
Page 2 of 4
Section 2. The Town Council hereby delegates to the Mayor, Town Manager and Town
Attorney the authority to execute purchase and sale agreements, deed restrictions, documents,
instruments, papers and other forms necessary for the purchase of deed restrictions.
Section 3. The purchase of deed restrictions shall be made subject to the following
requirements:
a. Deed restrictions shall only be purchased from “Qualified Owners” which shall be
defined as a natural person who is an Eagle County Employee (as defined in Section
3.12.020 of the Avon Municipal Code).
b. Qualified Owners cannot own any other residential property in Eagle County at the time
of purchase of the property upon which a deed restriction will be placed.
c. The Town may purchase a deed restriction to be placed on any residential property
regardless of price or location within the Town of Avon.
d. Qualified Owners shall use the residence as a primary residence for a period of at least
three (3) years from the date of acquisition of the property by the Qualified Owner.
Primary residence shall be determined per the same definition and verification process as
used for Real Estate Transfer Tax primary exemptions. On and after the third
anniversary of acquisition of the property upon which the deed restriction is placed by the
Qualified Owner, the Qualified Owner may rent on a long term basis the property to
Eagle County Employees.
e. The maximum purchase price for any deed restriction shall not exceed seventy-five
thousand dollars ($75,000.00). The purchase price shall range from eight percent (8%) to
twelve percent (12%) of the purchase price of the home.
f. Qualified Owners shall notify their lender and appraiser and title company of their intent
to place a deed restriction on the property to be acquired.
g. Qualified Owners must contribute at least three percent (3%) of their own funds towards
the purchase price of the property to be acquired, which funds do not include any third
party down payment assistance funding.
h. The Evaluation Committee shall consider applications for the purchase of deed
restrictions on a first come, first serve basis, which will be queued by complete
applications. A complete application requires a fully executed purchase and sale
agreement.
Section 4. Staff has provided, and Town Council has reviewed and hereby approves, in
substantially the form of the Deed Restriction, Deed Restriction Purchase Agreement, Deed
Restriction Application and Staff Review Form, all attached hereto an incorporated herein as
Exhibits A, B, C and D, respectively.
Section 5. The Town Council may, by motion, modify the criteria set forth herein.
Res 20-15 IMPLMENTING THE AVON DEED RESTICTION PURCHASE PROGRAM
Page 3 of 4
[SIGNATURE PAGE FOLLOWS]
Res 20-15 IMPLMENTING THE AVON DEED RESTICTION PURCHASE PROGRAM
Page 4 of 4
ADOPTED this 26th day of May 2020.
By: __________________________________
Sarah Smith-Hymes, Mayor
Attest: ________________________________
Brenda Torres, Town Clerk
Res 20-15 IMPLMENTING THE AVON DEED RESTICTION PURCHASE PROGRAM
Exhibit A
Exhibit A
(Deed Restriction)
Res 20-15 IMPLMENTING THE AVON DEED RESTICTION PURCHASE PROGRAM
Exhibit B
Exhibit B
(Deed Restriction Purchase Agreement)
Res 20-15 IMPLMENTING THE AVON DEED RESTICTION PURCHASE PROGRAM
Exhibit C
Exhibit C
(Deed Restriction Application)
Res 20-15 IMPLMENTING THE AVON DEED RESTICTION PURCHASE PROGRAM
Exhibit D
Exhibit D
(Staff Review Form)
Page 1 of 12
Town of Avon – Deed Restriction
TOWN OF AVON - RESIDENT OCCUPIED
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. Buyer means a Qualified Owner who purchases the Property from an Owner.
b. 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.
c. 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.
Page 2 of 12
Town of Avon – Deed Restriction
i. Qualified Owner means a natural person who is an Eagle County Employee as
defined in Section 3.12.020 of the Avon Municipal Code, as amended.
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.
d. 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.
e. 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.
f. Short Term Rental shall mean the rental or lease of the Property for a period of time that
is fewer than thirty (30) days.
g. 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, appraiser and title company 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-
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).
Page 3 of 12
Town of Avon – Deed Restriction
c. Occupancy and Use. During the first three (3) years of ownership by the Owner, the
Owner shall occupy and use the Property as the Owner’s Primary Residence. On and after
the third anniversary of the Owner’s acquisition of the Property, occupancy and use of the
Property may include, but shall be limited to, (1) the Qualified Owner for their occupancy
and use as a Primary Residence or (2) one or more Eagle County Employees for occupancy
and use as a Primary Residence. Permitted occupancy and use shall include immediate
family members of the Qualified Owner or 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.
Page 4 of 12
Town of Avon – 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.
f. Upon sale and conveyance of the Property by Owner to a Buyer, the Buyer shall be subject
to the same occupancy and use requirements set forth in Section 3(c) herein.
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.
Page 5 of 12
Town of Avon – Deed Restriction
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.
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 requirement 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
Page 6 of 12
Town of Avon – Deed Restriction
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
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
Page 7 of 12
Town of Avon – Deed Restriction
assignment, this Deed Restriction shall remain in full force and effect, including without
limitation Section 4 hereof, restricting Transfer of the Property.
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
Page 8 of 12
Town of Avon – Deed Restriction
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.
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.
Page 9 of 12
Town of Avon – 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]
Page 10 of 12
Town of Avon – Deed Restriction
IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day
and the year first written above.
DECLARANT:
[______________________________________]
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: ________________
Page 11 of 12
Town of Avon – Deed Restriction
TOWN OF AVON, COLORADO:
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: ________________
Page 12 of 12
Town of Avon – Deed Restriction
Exhibit A
[Insert Property Legal Description]
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. Purchaser Contribution. As a condition of the Town acquiring the Deed Restriction,
Purchase agrees it will contribute three percent (3%) or more of Purchaser funds towards the
purchase price of the Property, which funds to not include any third party down payment assitance
funding.
4. 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.
5. 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.
6. 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
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 governm ental 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.
7. 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.
8. 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.
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 WHEREOF, 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:
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:
________________________________________________________________________
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: ______________________________________________
Amount of money requested: $_____________________________________________
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: ______________________________________________
Are you under contract? ______________________________________________
Contract or list price: ______________________________________________
Closing date or
date decision is needed: ______________________________________________
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
Name of Lender: ______________________________________________
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
_______________________________________________________________________________
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 s izes 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 m arket value of the deed restriction is com parable 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 m arket value is paid for the deed restriction relative to current m ark et conditions (i. e. supply &
demand)
Y / N Site Visit
Y / N Verification of applicant’s intent to contribute at least three percent (3%) towards the purchase price, which does not
include any third party down payment assistance funding,
Unit Condition:_________________________________________________________________________________
Current Unit Use: ______________________________________________________________________________
Neighborhood Sales Search _____________________________________________________________________ Town of Avon Offer: _______________ Applicant Counter: ________________ Agreed Amount: ________________
Avon Deed Restriction
Program
Staff Review
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager
RE: Ordinance 20-06 Allocation RETT Revenues
DATE: May 28, 2020
SUMMARY: Ordinance No. 20-06 is presented to Council for second and final reading. Ord. No. 20-06
amends Section 3.12.110 – Allocation of Revenue to authorize Council to allocate up 10% of the Real
Property Transfer Tax (RETT) revenues to the Community Housing Fund as part of the annual budget
process. Council is required to conduct a public hearing on second reading of an ordinance per the Avon
Home Rule Charter.
BACKGROUND: Council adopted the Town of Avon Community Housing Plan in December, 2018. The
Community Housing Plan includes guidance and strategies to adopt a deed restriction purchase program
as well as review current revenue streams and determine if additional funds could be directed towards
Community Housing purposes. The Town has an established Community Housing Fund in which we place
funds that are restricted for use on Community Housing projects.
MUNICIPAL CODE AMENDMENTS: The proposed municipal code amendments would add language to
the existing section on allocation of RETT revenue. The underlined and strike-out language is the
proposed language revisions:
3.12.110 – Allocation of revenue.
All revenues derived from the tax imposed pursuant to this Chapter shall be allocated as follows:
(1) On and after January 1, 1988, said all revenues shall be deposited into the public
improvements fund of the Town for the purpose of capital improvements, including but not limited
to railroad crossings, bridges and streets, payment of principal of premium, if any, and interest
on debt incurred by the Town relating to capital improvements; (2) up to a maximum of ten
percent (10%) of the total revenues budgeted or received in year 2020 and for each year
thereafter, to the Community Housing Fund; or, (3) upon determination of an emergency by
unanimous minus one (1) vote of Council Members present, for any valid municipal purpose.
ANALYSIS: Ordinance No. 20-06 does not mandate the allocation of a portion of the RETT revenue to
Community Housing Fund. Rather, it simply authorizes Council to allocate up to 10% of revenues each
year. The actual allocation would be determined as part of the annual budget process.
FINANCIAL CONSIDERATION: The Town receives an average of $2.5 million per year in RETT revenue
and receives as much as $4 million on years with initial sales of new real estate product and when the real
estate market is strong and active. Council could potentially allocate $250,000 to $400,000 per year
towards the Community House Fund, which would be determined each year as part of the annual budget
process.
PROPOSED MOTION: “I move to approve second and final reading of Ordinance No. 20-06 Amending
Avon Municipal Code Section 3.12.110 to Authorize Allocation of a Portion of Real Property Transfer Tax
Revenue to the Community Housing Fund.”
Thank you, Eric
Ord 20-06 Amending 3.12.110 Allocation of Revenue
FINAL – June 9, 2020
Page 1 of 4
ORDINANCE NO. 20-06
AMENDING AVON MUNICIPAL CODE SECTION 3.12.110 TO AUTHORIZE
ALLOCATION OF A PORTION OF REAL PROPERTY TRANSFER TAX REVENUE
TO THE COMMUNITY HOUSING FUND
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, the Town of Avon Community Housing Plan states that the Avon Town Council
will, “. . . review current revenue streams and determine if additional funds can be direct to
housing efforts through the annual budget process.” and
WHEREAS, Council finds that that from time to time the Real Property Transfer Tax revenues
are sufficient to fund both capital improvements project in the five year capital improvements
plan and allow a portion of such revenues to be allocated to the Community Housing Fund; and
WHEREAS, the Town Council finds that allocating a portion of Real Property Transfer Tax
revenues to the Community Housing Fund through the annual budget process will promote the
health, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply 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
representation that the Town Council, or any member of the Town 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 the Town Council.
Section 2. SECTION 3.12.110 Repealed and Re-Enacted. Section 3.12.110 of the Avon
Municipal Code is hereby repealed in its entirety and re-enacted to read as follows:
Ord 20-06 Amending 3.12.110 Allocation of Revenue
FINAL – June 9, 2020
Page 2 of 4
3.12.110 – Allocation of revenue.
All revenues derived from the tax imposed pursuant to this Chapter shall be allocated as follows:
(1) Subject to (2) and (3) below, all revenues shall be deposited into the public improvements
fund of the Town for the purpose of capital improvements, including but not limited to railroad
crossings, bridges and streets, payment of principal of premium, if any, and interest on debt
incurred by the Town relating to capital improvements; (2) up to a maximum of ten percent (10%)
of all revenues may be deposited into the Community Housing Fund; or, (3) upon determination
of an emergency by unanimous minus one (1) vote of Council Members present, for any valid
municipal purpose.
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 after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. 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 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 20-06 Amending 3.12.110 Allocation of Revenue
FINAL – June 9, 2020
Page 3 of 4
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.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 26, 2020 and setting such public hearing for June 9, 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 June 9, 2020.
BY:______________________________ ATTEST:________________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
970.748.4413 mpielsticker@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, AICP, Planning Director
RE: Wildridge Community Survey
DATE: May 28, 2020
SUMMARY: Council has expressed interest in determining community preferences in Wildridge on several
topics. This report presents a proposed on-line survey of Wildridge property owners. Included in the report is an
explanation of the on-line survey process, estimated costs, sample questions, and proposed community input
process on the survey format and questions before the survey is implemented.
Staff proposes to utilize the professional services of Intercept Insights, an Avon based firm specializing in market
data gathering and analytics. This on-line survey process is anticipated to be used for other community survey
processes in the future with the intent that this on-line format is less expense and can achieve a higher response
rate than previous community survey efforts.
BACKGROUND: Previous community surveys have queried participants to the neighborhood level to gain a
better understanding on preferences of Avon’s largest neighborhood. Even with sorting capability by
neighborhood, the breadth and depth of the community wide survey has made it difficult to gain a deeper
understanding of topics more relevant to the Wildridge community. This opportunity to poll Wildridge on targeted
topics has been discussed on multiple occasions. The Capital Improvements Fund includes projects and studies
related to Town-owned properties in the neighborhood. This, coupled with the fact that there is no operating
Homeowners Association for Wildridge, make this an opportune time to move forward and gain a better
understanding of owners’ priorities.
PROCESS AND FORMAT: There are 778 separate property owners in Wildridge. A Wildridge Survey notice
would be sent by post card and by email to each property owner for which we have an email. A survey of property
owners is proposed because many of the questions concern rights and restrictions on property owners. The
survey would permit two responses per individual property.
The notice information will provide a link to the on-line survey where the Respondent would provide the physical
address of the property which enables the survey to avoid duplication. The on-line format will include a welcome
statement, explanation of the survey process, a series of questions, and a thank you statement.
The target response rate is 25% (i.e. 195 respondents). This is higher than industry standards for an on-line
community survey. Staff will utilize publicity on our website and social media, publicity through the June 10
Wildridge community meeting as well as a potential follow-up community meeting, use of the mobile message
board at the bottom of Wildridge, follow-up reminders via e-mail and post card to encourage broad response.
The on-line survey format will allow a near instantaneous receipt of results. Intercept Insights will provide the
results in a report format which can be disseminated to Council and the respondents.
SURVEY SCHEDULE: The following schedule is proposed:
June 15: Conduct a virtual Community Meeting to receive input on Community Survey
June 23: Present revised survey questions to Council along with demonstration of on-line format and
information.
June 29: Send Postcards and Email notices, commence other publicity, open the on-line survey.
July 15: Send reminders via e-mail and post cards.
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970.748.4413 mpielsticker@avon.org
July 24: Close the Community Survey. July 28: Forward raw survey results to Council and Respondents.
August 11: Present Wildridge Community Survey Report to Council including assessment of process.
FINANCIAL: The direct cost for the Wildridge Community Survey is estimated to be $5,000, which consists of the
Intercept Insight’s estimate ($3,500) and for post card mailings ($1,500). The Community Development budget
includes $2,000 for “Community Outreach” postage. This was increased from previous years with the expectation
that more outreach of this manner would be conducted this year. Additionally, Community Development has
delayed 2020 Deed Restricted Unit compliance performed by the Eagle Valley Home Store, beyond initial contact
with property owners. This results in approximately $5,000 from the “Professional Services” line item to be
applied to this effort. The Wildridge Community Survey can be conducted within the existing Community
Development Budget.
OBJECTIVES: The objectives are the following:
(1) Receive input from Wildridge property owners on a variety of topics, including policies and potential
projects in Wildridge.
(2) Achieve a 25% response rate.
(3) Conduct a trial run Avon on-line survey that could be replicated for other neighborhoods, a Community
Wide survey, business owners survey, and other specific survey purposes.
(4) Increase community engagement with the Wildridge Community.
SURVEY TOPICS: Proposed survey topics include:
• Short Term Rentals
• Lock-off Accessory Dwelling Units (aka “Lock offs”)
• Community Housing on Wildwood Properties
• Wildridge Firehouse Conversion
• USFS 779 Trailhead Improvements
• Rideshare or Ride hail Service
• Wildfire Mitigation
• Level and Type of Engagement Preferences
SAMPLE DRAFT QUESTIONS: In addition to the substantive questions, the survey would ask for the
property address to be able to verify property ownership and would ask whether the property is a primary
residence, second home, or rental property. Questions would include an introduction to help provide context
to the question. Most questions are presented with a response choice on a Scale of 1 through 5, as 1: Very
Opposed, 2: Opposed, 3: Neutral/Unsure, 4: Supportive and 5: Very Supportive. Other response options are
noted where applicable. Several questions may be asked on a topic to identify the scope of preferences. The
following questions have not been professionally vetted by the consultant and would further modified prior
the next step in the process. Sample draft questions include:
1. SHORT TERM RENTALS
Introduction: Wildridge subdivision was platted and zoned in 1981. The Planned Unit Development
(PUD) zoning and corresponding protective covenants permit residential dwelling units, but not any
short-term rentals (shorter than 31 days) or anything resembling a lodging type unit. Due to several
factors, the short-term rental housing market has grown exponentially in the past ten years
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970.748.4413 mpielsticker@avon.org
nationwide. More pressure on local housing units and lower inventory may be a result. Town has
received both requests to permit short term rentals in Wildridge as well as requests to continue
enforcing the existing short-term rental restrictions in Wildridge.
Do you support the existing restriction on Short Term Rentals in Wildridge?
Should Short Term Rentals in Wildridge be allowed on a limited basis through a special use permit
process and with appropriate restrictions and oversight?
Should Short Term Rentals in Wildridge be allowed for all properties in Wildridge as a use by right?
2. ACCESORY DWELLING UNITS
Introduction: The Wildridge subdivision provides a detailed density assignment to each property. In most
cases that density assignment is either 2 Dwelling Units (duplex) or a multi-family (i.e. 6-Dwelling Units).
Dwelling Unit is defined as “one or more rooms in addition to a kitchen and bath facilities, in a permanent
building, designed for use as a dwelling exclusively by one family or one or more human beings as an
independent housekeeping unit and independent of other such families.” This definition restricts the ability to
add an accessory dwelling unit (ADU) which is designed to be occupied independently of the other unit(s)
allowed by zoning. Accessory Dwelling Units (also called Lock-Offs) have a separate entrance, separate
kitchen and separate bathroom which permits the space to be occupied separately for residential use.
Do you support the existing restriction on Accessory Dwelling Units in Wildridge?
Should Accessory Dwelling Units be allowed on a limited basis through a special use permit process with appropriate restrictions and oversight?
Should Accessory Dwelling Units be allowed for all properties in Wildridge as a use by right?
3. COMMUNITY HOUSING ON WILDWOOD PROPERTIES
Introduction: The increasing difficulty for locals to find housing is well documented in the Eagle River Valley,
especially in the job centers including Avon. The 2017 Town of Avon Comprehensive Plan outlines the goal
of “Coordination with neighboring communities to provide an attainable housing program that incorporates
both rental and ownership opportunities, affordable for local working families.” The 2018 Town Owned
Properties Plan identifies the “Wildwood Properties” as a potentially suitable for housing and the 2018 Avon
Community Housing Plan lists pursuing development of Community Housing (deed restricted housing
limited to long-term residential use by locals) on the Wildwood Properties in the next three years. The
proposed Wildwood Properties are located on Tracts O and N, at 1091 and 1088 West Wildwood Road,
which is currently designated as “Open Space”. The Wildridge Properties are owned by the Town and
include an equipment storage building. Initial design concepts indicate the possibility of up to 14 townhome
units on the Wildwood Properties. The townhomes would be comparable in design with the existing
Wildwood neighborhood, would be three bedrooms with a two-car garage, and would be intended for sale
with a deed restriction that requires use and occupancy by an Eagle County employee. An amendment to
the Wildridge subdivision PUD would be required to develop Community Housing on the Wildridge
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970.748.4413 mpielsticker@avon.org
Properties. The Avon Home Rule Charter would require a Town wide vote to authorize the sale of the
Wildridge Properties to residential buyers. [INCLUDE PICTURE OF AREA]
Do you support changing the use from Open Space to Community Housing to permit the Town to
build up to 14 multi-family Community Housing units?
Do you support a Town wide vote in accordance with the Avon Home Rule Charter to authorize sale
of the Wildridge Properties as deed-restricted Community Housing to residential buyers?
4. WILDRIDGE FIRE HOUSE
Introduction: The Eagle River Fire Protection District vacated the Wildridge Fire House, located at 2600
Saddleridge Loop, when the Joint Public Safety building was constructed in 2017. The property includes a
building with two (2) garage bays and two (2) upstairs apartments, limited parking for the building, and a
pocket park. The 2018 Town Owned Properties Plan notes a conversion to housing as a potential future
use of the first level.
Do you support remodeling the 1st level of the Wildridge Firehouse for use as additional Town
employee housing?
Do you support remodeling the 1st level of the Wildridge Fire House for use as a community space
available for rent?
How often would you rent and use a community meeting space?
Once per year, twice per year, three times per year, four times per year.
5. USFS 779 – METCALF CREEK RD. TRAILHEAD
Introduction: At the top of Wildridge, located off Wildridge Road East, is United States Forest Service
(USFS) Road #779. This road accesses USFS land by way of a steep semi-improved road through a Town-
owned open space tract. As part of the USFS Travel Management Plan in 2011, the road was slated to be
decommissioned. Pursuant to input by the Town of Avon and Avon community, the road remains open to all
modes of travel in the summer months and is closed to motorized use in the winter months due to critical
deer and elk habitat. Based on its limited use, redundancy with other parallel routes, non-emergency use
status, and limited USFS financial resources, Road #779 is low priority for the USFS and will continue to
deteriorate. There is some potential and risk that USFS may consider decommissioning Road #779 in the
future if deterioration continues.
Do you believe that Road #779 needs improvements to prevent further deterioration?
Do you support the Town using resources to design and pursue trailhead improvements where
USFS 779 meets Wildridge Road East?
Do you support continued motorized vehicular and recreation use of Road #779?
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970.748.4413 mpielsticker@avon.org
Do you support discontinuing motorized vehicular and recreation use of Road #779 and limiting use to passive recreation?
6. TRANSIT OPTIONS FOR WILDRIDGE
Introduction: Public transportation options for Wildridge are challenging and expensive due to the low
density of the Wildridge development. Pilot transit programs for winter have been attempted in the past. The
ridership numbers were low and the cost per rider were very high. Recent innovations in transit technology
and the growth of transportation network companies (e.g. Lyft, Uber), and even local taxi services moving to
App-based hailing, potentially bring transit solutions back on the table for Avon and residents to consider.
Other communities that have implemented ride-hailing service have provided subsidies to reduce the fare
cost per rider.
Are you supportive of trying another transit pilot program based on a ride-hailing service to/from
Wildridge during the Beaver Creek ski season utilizing a third-party transportation company?
Would you be willing to pay a $5 fare?
How frequently would you use a ride-hailing service in the winter?
Never. Once per month or less. Twice per Month. Once Per Week. More than Once per Week.
7. WILDFIRE MITIGATION
Introduction: A Community Wildfire Assessment of Wildridge was conducted by The Eagle River Fire
Protection District’s Wildland Mitigation Specialist. The assessment was informed by an on-site audit,
review of topography, and means of egress from the community. An extensive list of mitigation efforts is
outlined, primarily in the form of removing vegetation in buffer areas to provide defensible space to slow the
spread of wildland fires and to provide areas of defensible space for fire fighters in the event of a fire. Work
began this spring on clearing areas on Town owned parcels. Due to the Town’s limited land holdings within
the neighborhood, the most effective wildland fire mitigation effort will include creation of defensible spaces
on private properties throughout select areas of the subdivision.
Do you support the Town budgeting financial resources to assist with portions of fire mitigation (i.e.
50% cost share) on private properties, with work being prioritized in areas with the most potentially erratic fire behavior?
8. ONGOING ENGAGEMENT WITH THE TOWN
Introduction: The Town offers several ways for residents to receive information and stay engaged with all
Town happenings. The Town continually strives to increase community engagement and look for new ways
to communicate with our residents and guests.
Which of the following sources for news and information about the Town of Avon do you use?
INFORMATION FROM TOWN OF AVON
a. Avon.org Town website
b. E-Services (e-Newsletter, news releases, agendas)
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970.748.4413 mpielsticker@avon.org
c. Social Media
d. Digital Signs around Town
e. Sandwich Board Signs around Town
f. Attend or watch meetings
INFORMATION FROM OTHER SOURCES
a. Vail Daily
b. Local Radio
c. Local Television
d. Blog or other websites
e. Private e-mail lists
g. Other ____________________
Please rank the top three sources of information you use to obtain Town of Avon information, ranking the top
source #1, second source #2 and third source #3.
a. Avon.org Town website
b. E-Services (e-Newsletter, news releases, agendas)
c. Social Media
d. Digital Signs around Town
e. Sandwich Board Signs around Town
f. Attend or watch meetings
g. Vail Daily
h. Local Radio
i. Local Television
j. Blog or other websites
k. Private e-mail lists
l. Other ____________________
9. OPEN COMMENTS
Please provide any comments you have for the Town concerning the Wildridge neighborhood.
6
970-331-3741 JHildreth@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer
RE: Avon Road I70 Underpass Improvements Project
DATE: June 4, 2020
SUMMARY: In the Town of Avon Capital Project’s Fund budget, Town Council approved $90,000 for
design in 2020 and $900,000 for construction in 2021 to enhance pedestrian and bicycle safety along the
Avon Road underpass below I70. The project is currently focused on the west side and if successful it can
be implemented on the east side in the future. Currently, in the winter, frequent icing is observed that
impacts the safety of users. The goal of the project is to improve safety for users year-round by creating a
buffer from vehicular traffic and improving drainage to minimize winter icing conditions. There will be some
aesthetic improvements, but most of those improvements have been removed based on the direction of
Council.
BACKGROUND: The Town has planned for improving the underpass since the development of the
“Creating a Vision Toward a more Prosperous Future Through Healthier Built Environments“ report by Blue
Visions, LLC prepared in 2015. The study recommended “right-sizing” Avon Road and upgrading
pedestrian and bicycle facilities to make it more comfortable for non-vehicular users. Further evaluation
determined that Avon Road is not overbuilt at this section, but additional north/south pedestrian and bicycle
facilities will enhance safety in this area. The project includes removal of some of the concrete slope
paving and constructing a vertical retaining wall to accommodate raising the sidewalk above the roadway,
installing protective shelters to deflect snow from I70 plows, enhancing drainage facilities to minimize ice
build-up, and landscaping. The Planning and Zoning Commission approved the design of the
improvements with the condition of lighting in the shelters, snowmelt in the drainage structures, and the
east side be elevated in importance for the Capital Project’s Fund budget.
Landscaping: The planting pallet is made up of spruce, chokecherry, aspen, grasses, perennials, native
grasses, Russian sage, ground cover, and mulch. Hardscape materials include snow protection shelters,
concrete sidewalk, stone retaining wall, and riprap stone under I-70. Landscaping choices are compliant
with Avon Municipal Code and consistent with improvements made to Avon Road in 2015.
Protective Shelters: The shelters design took visual cues from Avon’s bus shelters for materials, colors,
and form, all of which are compliant with Avon Municipal Code. It does not connect to the sloped ground on
the west side, thereby providing refuge from the elements while preserving open views of the area.
Lighting: Lighting will be installed in the shelters to promote a safe environment as recommended by the
Planning and Zoning Commission.
ANALYSIS: The project is designed based on direction from Town Council at previous meetings. Council
requested staff evaluate the feasibility of installing an electric snow melt system. Staff recommends
installing the snowmelt system in the swale above the new sidewalk. The heated swale will ensure that
runoff is collected and directed to the drains rather than the sidewalk. The estimated installation cost for
the snowmelt system is $75,000 and yearly operating cost is $25,000. If Council directs staff to add
snowmelt to the sidewalk, that will double these numbers.
FINANCIAL CONSIDERATIONS: The current design budget is $90,000 and preliminary construction cost
estimate is $900,000. The addition of snowmelt will increase the construction cost by $75,000.
Page 2 of 2
RECOMMENDATION: Staff is requesting Council direction regarding the addition of a snowmelt system at
a cost of at least $75,000 and a yearly operation cost of $25,000 / year.
PROPOSED MOTION: I move to direct Staff to move forward with construction documents for the project
and add a snowmelt system to the drainage system to prevent the accumulation of ice under the bridges.
Thank you, Justin Hildreth, Town Engineer
ATTACHMENTS: Avon Road I-70 Underpass Improvements prepared by Zehren and Associates.
Z E H R E N
A N D A S S O C I A T E S
ARCHITECTURE PLANNING
INTERIORS LANDSCAPE ARCHITECTURE
Avon Road
I-70 Underpass Improvements
Avon, CO
Minor Development Plan Submittal
YARNELL CONSULTING& CIVIL DESIGN, LLC
PROJECT AREA
Avon RoadI-70WestboundI-70EastboundEastbound
On-Ramp
Roundabout #2Roundabout #1
February 27, 2020
Eastbound
Off-RampWestbound
On-Ramp
Westbound
Off-Ramp
Attachment A
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. Avon Road I-70 Underpass Improvements February 27, 2020
YARNELL CONSULTING & CIVIL DESIGN, LLCExisting Summer Conditions
Existing:
• Uninteresting landscape
• Bridge columns restrict
pedestrian and bicycle
circulation
• Concrete slope drains
water onto sidewalk in winter.
Southern Property Line Looking West
PROJECT AREA
Avon Road
I-70WestboundI-70EastboundRoundabout #2
Roundabout #1
Eastbound
Off-Ramp
Westbound
On-Ramp
1 5
2 6
3 7
4 8
Existing:
• Broken concrete slopes
• Narrow strip of grass is as
difficult to maintenance
• Narrow sidewalk
attached to roadway
Existing:
• Pedestrian sidewalk leading
into Avon
• Unattractive concrete slope
• No way finding
• New Avon road landscape
ends at this location
Existing:
• Unattractive and broken
pavement
• Bridge columns located
within pedestrian circulation
of sidewalk
• Loud traffic noise from
concrete slopes
Existing:
• Crosswalk
• Uninteresting grass slope
• New landscape island
• Light poles
Existing:
• Narrow sidewalk next to
traffic lanes.
• Bridge columns impede
pedestrian walkway.
• No landscaping
• No identity for entrance
to Avon Town Center
Existing:
• Inconsistently colored
concrete slope.
• Fast moving traffic at cross-
walk.
• I-70 Bridge lacks character
• Wide sidewalk
Existing:
• Unattractive guardrail and
chain link fencing on I-70
bridge.
• No landscape interest
• Lacks identity as a gateway
between North and South
Avon.
1
234
5
6
7 8
Eastbound
On-RampWestbound
Off-Ramp
Key Plan
Attachment A
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. Avon Road I-70 Underpass Improvements February 27, 2020
YARNELL CONSULTING & CIVIL DESIGN, LLCHazardous Winter Conditions
Attachment A
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. Avon Road I-70 Underpass Improvements February 27, 2020
YARNELL CONSULTING & CIVIL DESIGN, LLC
TOPOGRAPHIC MAP
INTERSTATE 70
RIGHT-OF-WAY/AVON ROAD
County of Eagle, State of Colorado
MARCIN ENGINEERING LLC
P.O. BOX 1062
AVON, CO 81620
(970) 748-0274
(970) 748-9021 FAX
GRAPHIC SCALE
(IN FEET)
1 inch = 30 ft.
TOPOGRAPHIC MAP
INTERSTATE 70 RIGHT-OF-WAY/AVON ROAD
Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian
County of Eagle, State of Colorado
Survey
Attachment A
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. Avon Road I-70 Underpass Improvements February 27, 2020
YARNELL CONSULTING & CIVIL DESIGN, LLC Scale: 1” = 16’
0 16’8’32’Proposed Conditions
Illustrative Site Plan
Avon RoadI-70WestboundI-70EastboundEastbound
On-Ramp
Roundabout #2
Roundabout #1
Eastbound
Off-RampWestbound
On-Ramp
Westbound
Off-Ramp
Boulder Wall
Existing Sidewalk
Perennials
Native Seed
Snow Protection Shelter
(Typical of (4)
Boulders
Groundcover
(Sweet Woodruff)
Tree and Shrub
Plantings on Slope
I-70 Bridge
(Above)
Proposed
Sidewalk
2:1 Rip Rap Slope
(Below Bridges)
Drainage
Swale
Perennials
Existing Plant Bed
to Remain
Drainage Swale
Tree and Shrub
Plantings on Slope
Native Seed
Existing Concrete
Slope
Plant Bed
(Mulch)
Plant Bed
(Mulch)Section LineAttachment A
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. Avon Road I-70 Underpass Improvements February 27, 2020
YARNELL CONSULTING & CIVIL DESIGN, LLCProposed Landscape Materials and Planting
SCALE: 1"=16'
2/24/20
0 8' 16' 32'
AVON ROAD UNDERPASS - CONCEPTUAL LAYOUT AND GRADING PLAN
AVON, CO
Scale: 1” = 16’
0 16’8’32’
I-70
Westbound
Avon Road
Weeping White Spruce
Bark Mulch
Perennials
Russian SageConcrete Sidewalk Snow Protection
Shelter
Sweet Woodruff
Ground Cover
Columnar Aspen Tree Rip Rap Slope
(Angular Stone)
A
Boulder WallCanada Red Chokecherry
Ornamental
Grasses
Native Grass Swale
I-70
Eastbound
Attachment A
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. Avon Road I-70 Underpass Improvements February 27, 2020
YARNELL CONSULTING & CIVIL DESIGN, LLC Scale: 1/4” = 1’-0”
0 4’2’8’Site Section
Snow Protection Shelter Character Images
Boulder Wall Character Images
Existing Town Bus Stops
Attachment A
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. Avon Road I-70 Underpass Improvements February 27, 2020
YARNELL CONSULTING & CIVIL DESIGN, LLCProposed Snow Shelter Materials and 3D Model Views
Snow Shelter Materials
3D Model Views
Corrugated Galvanized Steel Roofing
Steel Columns and Beams
Powder Coated Black
6x6 Columns / 6x12 Beams
Existing I-70 Concrete Bridge
Trex Tongue and Groove Ceiling
Board Formed Concrete Foundation
Sweet Woodruff
Ground Cover
Sandstone
Boulders
Concrete Sidewalk
Native
Grass Rip Rap
Mulch
Attachment A
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. Avon Road I-70 Underpass Improvements February 27, 2020
YARNELL CONSULTING & CIVIL DESIGN, LLC
SHEET NO.
SHEET TITLENO.NAMEISSUE / REVISIONDATE:DATETHE DESIGNS SHOWN HEREIN INCLUDINGALL TECHNICAL DRAWINGS, GRAPHICREPRESENTATION & MODELS THEREOF, AREPROPRIETARY & CAN NOT BE COPIED,DUPLICATED, OR COMMERCIALLY EXPLOITEDIN WHOLE OR IN PART WITHOUT THE SOLEAND EXPRESS WRITTEN PERMISSION FROMZEHREN AND ASSOCIATES, INC.DESIGN BY:DRAWN BY:REVIEWED BY:PROJECT NO.:L2.0
1 LANDSCAPE PLAN
1" = 20'-0" (22" X 34" SHEET)
10' 20' 40'0
LANDSCAPE
PLAN
L2.0Landscape Plan Scale: 1” = 20’
0 20’10’40’
Attachment A
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. Avon Road I-70 Underpass Improvements February 27, 2020
YARNELL CONSULTING & CIVIL DESIGN, LLC SHEET NO.
SHEET TITLEAVON ROAD IMPROVEMENTSAVON ROAD BETWEENROUNDABOUTS 1 AND 2AVON (EAGLE COUNTY), COLORADOJ. YARNELLJ. YARNELLJ. YARNELL17.0252/23/2020OVERALL
GRADING PLAN
C2
811Site and Grading Plan
Attachment A
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Danita Dempsey, CASE Manager
RE: Public Hearing for Outdoor Use of Amplified Sound
Permit Application
DATE: June 3, 2020
SUMMARY: The Town Council is asked to consider approving an Amplified Sound Permit on the Main
Street Mall for small Pop Up music with single performers and/or two or three person bands performing
lightly amplified and/or acoustic music. Staff anticipates Avon’s Pop Up Music to be two to three hours in
length between the hours of 1:00 p.m. and 5:00 p.m. on any or all the dates listed below:
• June 20 and 27
• July 4, 11, 18 and 25
• August 1, 8, 15, 22 and 29
• September 5 and 12
BACKGROUND: A public hearing is required for Outdoor Use of Amplified Sound for events that will be
using amplified sound systems on the Main Street Mall (Avon Municipal Code Chapter 5.24.030). The
proposed start time for Avon Pop Up Music is approximately 1:00 p.m. and proposed end time is 5:00 p.m.
The Sound Location and Projection Map provides various location from which sound amplification can
originate from to provide the desired experience. The exact location will be determined once the type, style
and genre of musicians for each event date are selected. For example, Location A may be most
appropriate for lightly amplified music while Location B may be more appropriate for acoustic and/or strings
ensemble – see Exhibit A
The applicant states there will be no more than 90db (decibels) which is like an average personal stereo –
see Exhibit B.
A PUBLIC NOTICE was published, as required in Avon Municipal Code, for the public hearing on Tuesday,
June 9, 2020.
Information for Issuing Amplified Sound Permits:
The Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of
permit. The Council, in making its decision to issue the Amplified Sound Permit, may consider the
following:
1. Comments by the public.
2. Necessity of the permit for the cultural, historical or social benefit of the community.
3. Proximity of the proposed location to residential neighborhoods.
4. Proposed direction of sound projection.
5. Screening of sound from neighboring properties.
6. Compatibility with other uses and activities in the vicinity.
Page 2 of 2
RECOMMENDATION: Staff recommends approval of the Outdoor Use of Amplified Sound Application to
support the social benefit of the community providing an opportunity to gather in small groups and enjoy a
summer evening in Avon on the Main Street Mall.
OPTIONS: The Town Council may prescribe any conditions or requirements deemed necessary to
minimize adverse effects upon the community or surrounding neighborhood.
PROPOSED MOTION: I move to approve the Outdoor Use of Amplified Sound Application for the Avon
Pop Up Music performances the Main Street Mall. .
Thank you, Danita
ATTACHMENTS:
Exhibit A – Sound Location and Projection Map
Exhibit B – Decibel Level Chart
Exhibit C – Outdoor Use of Amplified Sound Permit Application
EXHIBIT A
EXHIBIT B
1 Permit Application & Muicipal Code for Outdoor Use of Amplified Sound Systems
PERMIT APPLICATION FOR
OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM
1.NAME OF APPLICANT:______Danita Dempsey____________________________________________
2.REPRESENTING BUSINESS/ORGANIZATION :_Town of Avon____________________________________
ADDRESS AND/OR MAILING ADDRESS: _P.O. Box 975 Avon, CO
81620__________________________________________________________________________
3.ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED:______________________________
____Main Street Mall_____________________________________________________________
4.TELEPHONE NUMBER: __970-748-4065________
5.EMAIL ADDRESS: _ddempsey@avon.org___________________
6.PURPOSE FOR OUTDOOR USE OF SOUND AMPLIFICATION SYSTEM: _Pop Up Music; lightly amplified and/or acoustic_
______________________________________________________________________________
DATE/S OF PROPOSED USE: June 20, 27; July 4,11,18,25; August 1 8, 15, 22, 29; Sept. 5, 12_______
TIME/S OF PROPOSED USE: _12:00 - 8:00 p.m.______________
7.ATTACH A MAP OR DIAGRAM DEPICTING THE PROPOSED LOCATION OF SOUND AMPLIFICATION EQUIPMENT, DIRECTION OF
SOUND PROJECTION AND POTENTIAL SOUND PROJECTION DISTANCE.
8.DESCRIPTION OF SOUND AMPLIFYING EQUIPMENT:_Small public address system ________________
SIGNATURE OF APPLICANT DATE
THE PERMIT APPLICATION IS APPROVED BY THE TOWN OF AVON AS NOTED BY THE SIGNATURES BELOW. THE APPLICANT MUST
COMPLY WITH CHAPTER 5.24 OF THE AVON MUNICIPAL CODE AS OUTLINED ON THE BACK OF THIS APPLICATION.
________________________________________ ___________________________________
TOWN CLERK DATE
_______________________________________ ___________________________________
DIRECTOR OF FESTIVALS & SPECIAL EVENTS DATE
_______________________________________ ___________________________________
AVON POLICE CHIEF OR DESIGNEE DATE
2 Permit Application & Muicipal Code for Outdoor Use of Amplified Sound Systems
PROCEDURES FOR PERMIT APPLICATION FOR OUTDOOR USE OF AMPLIFIED SOUND EQUIPMENT
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO REGULATE AMPLIFIED
SOUND SYSTEMS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF (Ordinance No. 15-07)
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. Amendment
Title 5 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 5.24 as follows:
5.24.010 Amplified Sound Permit Required
a. These regulations concerning amplified sound systems are adopted to prevent noise nuisance in the
Town of Avon while allowing for amplified sound for public and private events, establish minimum
standards for the permitting of amplified sound, and adopt procedures for public notification and
input for certain categories of amplified sound. These regulations shall be interpreted and applied so
as not to infringe upon the reasonable constitutional rights of free speech and right of assembly
b. The following activities and uses of amplified sound shall not require an Amplified Sound Permit:
i. Amplified sound related to any governmental emergency building, vehicle or response activity;
ii. Use of amplified sound by an officer, employee or agent of any local, state or federal
government;
iii. In Nottingham Park, including the Avon Performance Pavilion, for the Salute to the USA held on
July 3 of each year; and,
iv. Small low wattage personal sound amplification devices that do not disturb others.
c. Unless expressly exempt as set forth in Sub-Section (b) above, an Amplified Sound Permit shall be
required and shall be obtained prior to the use and operation of amplified sound outdoors in the
Town of Avon, including use and operation of a loudspeaker or sound-amplifying equipment in a
fixed or movable position or mounted upon any sound truck or other mobile vehicle or equipment.
d. It is unlawful for any person to use or operate amplified sound outdoors in the Town without an
Amplified Sound Permit when and Amplified Sound Permit is required.
5.24.020 Administrative Approval
a. The Town Manager may approve an Amplified Sound Permit for outdoor use of amplified sound use
at following locations and times:
i. In Nottingham Park, including the Avon Performance Pavilion, on Sunday through Wednesday
between the hours of 9:00 a.m. and 8:00 p.m. and on Thursday through Saturday between the
hours of 9:00 a.m. and 10:00 p.m.
ii. In any non-commercial zone (including any planned unit development area allowing non-
commercial use, but not including Town properties, park and the Main Street Mall) between the
hours of 9:00 a.m. and 8:00 p.m.
iii. In any commercial zone (including any planned unit development area allowing commercial, but
not including Town properties, park and the Main Street Mall) between the hours of 8:00 a.m.
and 10:00 p.m.
3 Permit Application & Muicipal Code for Outdoor Use of Amplified Sound Systems
b. No public hearing shall be required prior to review and approval of an administrative approval of an
Amplified Sound Permit. The Town Manager may elect to solicit public comments or may refer an
Amplified Sound Permit application to the Avon Town Council to be considered after conduction a
public hearing in accordance with Section 5.24.030 below.
c. Any outdoor use of amplified sound outside the hours and in the locations established in this Section
shall require review and approval by the Avon Town Council.
d. An applicant for an Amplified Sound Permit can appeal the decision of the Town Manager to the
Avon Town Council. An appeal must be submitted by an applicant in writing to the Town Clerk within
fourteen (14) days the date of the decision by the Town Manager. The Town Council shall conduct a
public hearing within forty-five (45) days of receipt of a written request for appeal. Written notice of
the public hearing date, time and location shall be mailed to the appellant via first-class U.S. mail at
least ten (10) days prior to the public hearing, unless the appellant agrees to a shorter time frame
and a different notification method. The Town Council shall review an appealed Amplified Sound
Permit application de novo.
5.24.030 Town Council Approval
a. Any Amplified Sound Permit application that is not subject to administrative approval or that is
referred by the Town Manager to the Town Council shall be subject to review and approval by Town
Council after conducting a public hearing.
b. A public hearing for an Amplified Sound Permit shall be posed and published at least six (6) days in
advance of the public hearing on the Town’s website; in a newspaper of general circulation in Avon;
at the Avon Town Hall, Avon Library and Avon Recreation Centers; and, with regards to an Amplified
Sound Permit on the Main Street Mall, posted at the proposed location of the amplified sound.
5.24.040 Amplified Sound Permit Applications
a. An application for an Amplified Sound Permits shall be submitted to the Town Manager on forms
established by the Town Manager, which shall include the minimum information set for the in this
Section 5.24.040 and which shall include an application fee determined by the Town Manager not to
exceed $100.00.
b. Name, physical address, mailing address and email address, phone number.
c. Proposed location for the amplified sound event(s).
d. Proposed dates and times for the amplified sound events(s).
e. Map or diagram depicting the location of the sound amplifying equipment, proposed direction of
sound projection, and potential sound projection distance.
f. Description of sound amplifying equipment
g. Description of any sound screening or other measures to mitigate the adverse impacts of amplified
sound.
h. Description of event and purpose of sound amplification.
i. Amplified Sound Permit applications shall be submitted at least sixty (60) days prior to the proposed
events(s) using outdoor amplified sound provided that the Town may waive or reduce this minimum
application submittal deadline at the Town’s sole discretion.
5.24.050 Amplified Sound Permit Applications - Amplified Sound Permit applications shall be evaluated
according to the following review criteria:
4 Permit Application & Muicipal Code for Outdoor Use of Amplified Sound Systems
a. Whether the proposed amplified sound, date, time and associated event is compatible with other
uses and activities in the vicinity.
b. Whether the potential adverse impacts of the sound and noise generated upon the community and
surrounding neighborhood are unreasonable for if the negative impacts exceed the potential
benefits to the community of permitting the event.
c. The approving person or body may prescribe any conditions, limitations, requirements or mitigation
deemed necessary to minimize the potential adverse impacts on the community and/or surrounding
neighborhood; which include but are not limited to: limiting the time and/or duration of amplified
sound, determining the direction of the amplified sound, and requiring sound screening.
d. Amplified Sound Permits may be granted for a specific event, which shall include designation of the
date or dates of the event, or may be granted for re-occurring events provided that such approval
shall not exceed duration of one year.
e. Amplified Sound Permits shall be subject to suspension and revocation for any violation of the terms
and conditions set forth in the Amplified Sound Permit. The Town Manager may summarily suspend
an Amplified Sound Permit based upon a preponderance of evidence that the terms and conditions
of the Amplified Sound Permit have been violated and shall refer the permit to the Town Council for
a public hearing and consideration of revocation. The Town Manager may refer an Amplified Sound
Permit to the Town Council for a hearing and consideration of revocation based upon probable cause
that the terms and conditions of the Amplified Sound Permit have been violated. At least three (3)
days written notice shall be provided to the Amplified Sound Permit holder prior to the hearing,
which notice may be emailed to the email address provided in the permit application and which
notices shall state the nature of the violation of the terms and conditions.
5.24.060 Penalty
Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil
infraction for each and every day or portion thereof during which any infraction is committed, continued
or permitted shall be subject to the penalties contained in Chapter 1.09 of this Code.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order
at 5:03 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra
Underwood, Jennie Fancher, and Jake Wolf. Councilor Scott Prince was connected but his video/audio had
paused. Councilor Chico Thuon was absent. Also present were Mobility Director Eva Wilson, Public Works
Director Gary Padilla, Human Resources Director Lance Richards, Town Attorney Paul Wisor, Police Chief
Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, Town Manager Eric Heil, and Town Clerk
Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:54 Part One
Councilor Fancher moved to approve the agenda as presented. Councilor Underwood seconded the motion
and the motion passed by a vote of 5 to 1. Councilor Wolf voted no. Councilor Thuon was not present.
Councilor Thuon joined the meeting by video/audio at 5:04 p.m.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:34 Part One
No conflicts of interest were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:01:47 Part One
Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email
for public comments.
Andrew Wymore, a part-time Avon resident, requested Council to reconsider the cancellation of the annual
Salute to the USA event, which it is the largest firework show in all the State of Colorado.
5. BUSINESS ITEMS
5.1. AVON PD SWEARING IN AND BADGE PINNING OF OFFICER ANDRES “ANDY” SANDOVAL (POLICE CHIEF GREG DALY)
Video Start Time: 00:04:12 Part One
Avon Police Chief Greg Daly introduced the new Police Officer Andres Sandoval. Town Clerk Brenda
Torres administered the Oath of Office. Officer Sandoval’s family was present, and his brother Manuel
Sandoval pinned on his badge.
5.2. AVON PD ANNUAL PRESENTATION (POLICE CHIEF GREG DALY)
Video Start Time: 00:10:15 Part One
Chief Greg Daly presented the 2019 annual Avon Police Department report and an update for the first
half of 2020. He answered questions from Council and thanked them for their support. Council
members congratulated the Avon PD for their outstanding job.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.3. AVON PD AWARDS PRESENTATION (POLICE CHIEF GREG DALY)
Video Start Time: 00:51:12 Part One
Chief Greg Daly presented the Avon Police Department Awards for 2019 and first half of 2020 to
recognize staff members who have made exceptional contributions beyond their normal duties and
first responders and community members for their contributions.
5.4. AVON PD FLEET REPORT FOR DISCUSSION (POLICE CHIEF GREG DALY)
Video Start Time: 01:24:23 Part One
Chief Greg Daly provided an update on the Police Department vehicles and explained the request for
two additional vehicles for the new Sergeants. Council members expressed their support but also their
concern about the budget. After Council discussion, they agreed to review this request in October
during the annual budget cycle.
5.5. PUBLIC HEARING: RESOLUTION 20-14 AMENDING THE TOWN OF AVON GENERAL FUND, EQUIPMENT REPLACEMENT
FUND AND COMMUNITY HOUSING FUND (ASSISTANT TOWN MANAGER AND FINANCE DIRECTOR SCOTT WRIGHT)
Video Start Time: 01:43:00 Part One
Finance Director Scott Wright presented. He explained this is a typical process at this time of year but
with COVID-19, it is not a typical situation. He answered questions from Council.
Mayor Smith Hymes opened the Public Hearing and no public comments were made.
Councilor Fancher moved to approve Resolution 20-14 A Resolution Summarizing Expenditure and
Revenues by Fund and Amending the 2020 Budget for the Town of Avon, Colorado, for the Calendar
Year Beginning on the First Day of January 2020 and Ending on the Last Day of December 2020. Mayor
Pro Tem Phillips seconded the motion and the motion passed 6 to 0. Councilor Prince was away from
his computer.
RECESS TO ALLOW AVON TOWN COUNCIL TO CONVENE AS THE AVON URBAN RENEWAL AUTHORITY BOARD
Video Start Time: 01:55:37 Part One
Councilor Underwood moved to recess the Avon Town Council to convene as the Avon Urban Renewal
Authority Board. Mayor Pro Tem Phillips seconded the motion and it passed with a vote of 6 to 0. Councilor
Prince was away from his computer. The time was 6:59 p.m.
RECONVENE THE AVON TOWN COUNCIL MEETING
Video Start Time: 02:02:10 Part One
Chairwoman Smith Hymes moved to reconvene the Avon Town Council meeting. The time was 7:05 p.m.
5.6. RESOLUTION NO. 20-15 AUTHORIZING DEED RESTRICTION HOUSING PROGRAM (TOWN MANAGER ERIC HEIL AND
TOWN ATTORNEY PAUL WISOR)
Video Start Time: 00:00:03 Part Two
Town Attorney Paul Wisor presented. Several edits were suggested by Council members. Town
Manager Eric Heil suggested to continue this item to the June 9, 2020 meeting so staff can revise the
language.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Mayor Pro Tem Phillips moved to table Resolution 20-15 Authorizing Deed Restriction Housing
Program in order to clean up the language and have a clear concise document to be reviewed in the
June 9th meeting. Councilor Wolf amended the motion. Mayor Pro Tem Phillips accepted that
amendment. Councilor Wolf seconded the motion and the motion passed unanimously.
5.7. FIRST READING OF ORDINANCE NO. 20-06 AMENDING SECTION 3.12.110 OF THE AVON MUNICIPAL CODE TO
AUTHORIZE ALLOCATION OF A PORTION OF REAL ESTATE TRANSFER TAX REVENUE TO THE COMMUNITY HOUSING FUND
(TOWN MANAGER ERIC HEIL)
Video Start Time: 00:35:22 Part Two
Town Manager Eric Heil explained that this Ordinance authorizes Council to allocate up to 10% of
RETT revenues each year. The actual allocation would be determined as part of the annual budget
process. Council will get a proposal from the Town Manager and Finance Director and will then decide.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Underwood moved to approve the first reading of Ordinance 20-06 Amending Section
3.12.110 of the Avon Municipal Code to Authorize Allocation of a Portion of Real Estate Property
Transfer Tax Revenue to the Community Housing Fund. Councilor Fancher seconded the motion and
the motion passed unanimously.
5.8. WORK SESSION: ICE RINK PRESENTATION: ICE SKATING ON NOTTINGHAM LAKE (GARY PADILLA & LANCE RICHARDS)
Video Start Time: 00:38:03 Part Two
Town Manager Eric Heil summarized the four options described in his report. Public Works Director
Gary Padilla took a moment to recognize the Public Works team and how hard they work. Human
Resources Lance Richards and Public Works Superintendent Drew Isaacson were also present and
answered questions from Council.
The majority of Council felt that it is worth a pilot program year of skating on the lake, even if just for
a few weeks. Mayor Smith Hymes would like to explore keeping the hockey rink on the field in addition
to the lake skating, so we are guaranteed some type of skating even if weather does not allow for
skating on the lake. Mayor Pro Tem Phillips and Councilor Wolf would also like to keep ice on the field.
Councilor Prince does not agree with the pilot program and said it is about safety in relation with
weather. For Mayor Pro Tem Phillips and Councilor Prince it is also a budget decision. Councilor Wolf
and Councilor Prince do not agree with the dock being removed.
Town Manager Eric Heil said a report with a list of expenses and a staff plan will be presented at the
June 23rd meeting. Mayor Smith Hymes requested to add costs of the field ice in this report. Mayor
Pro Tem Phillips intends to find one or two businesses that could bid for snow removal on the lake to
use their numbers versus estimates.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.9. PUBLIC HEARING: EMERGENCY ORDINANCE NO. 20-07 AUTHORIZING ADMINISTRATIVE APPROVAL OF LIQUOR LICENSE
PREMISE MODIFICATION (TOWN MANAGER ERIC HEIL)
Video Start Time: 01:11:10 Part Two
Town Attorney Paul Wisor said this is an effort from the Town and the State to help accommodate
restaurants continuing service given the current crisis. Ordinance 20-07 will sunset when Council
declares the local disaster emergency no longer exists.
Mayor Smith Hymes opened the Public Hearing and no public comments were made.
Councilor Underwood moved to approve first and final reading of Emergency Ordinance 20 -07
Amending Section 5.08.150(a) of the Avon Municipal Code to Provide More Efficient Processing of
Modification of Liquor Licensed Premises. Councilor Wolf seconded the motion and the motion
passed unanimously.
5.10. RESOLUTION NO. 20-16 GRANTING THE MAYOR, MAYOR PRO-TEM AND TOWN MANAGER AUTHORITY TO DECLARE
A LOCAL EMERGENCY (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 01:26:40 Part Two
Town Attorney Paul Wisor presented. Councilor Underwood suggested to add “respectively” to the
language to read “The Avon Town Council hereby grants the Mayor, the Mayor Pro-Tem, the Town
Manager, and their respective designees, respectively, the authority to declare a local disas ter
emergency.” There was an extensive discussion on who is in charge and who should have this kind of
power as Councilor Wolf disagreed with the language. He believes that every Council member should
be able to declare a local emergency.
Mayor Smith Hymes called for public comments and Michael Cacioppo commented. He said that the
Mayor and Mayor Pro Tem are the right people to declare an emergency as they are elected officials
and not employees and they could be recalled by voters.
Councilor Fancher moved to approve Resolution 20-16 Granting the Mayor, Mayor Pro-Tem and Town
Manager or Other Designees Authority to Declare a Local Disaster. Mayor Pro Tem Phillips seconded
the motion and the motion passed unanimously.
5.11. RESOLUTION NO. 20-17 ESTABLISHING LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS (TOWN MANAGER
ERIC HEIL)
Video Start Time: 01:49:43 Part Two
Town Manager Eric Heil presented.
Mayor Smith Hymes called for public comments and mentioned that there was a comment received
via email from Russell Andrade inquiring about the definition of a food truck.
After Council discussion, Town Manager Eric Heil suggested to add at the end of the first sentence in
section two “provided such food truck vendor is operated by an existing restaurant in Avon.” Mayor
Pro Tem Phillips suggested to change “existing restaurant” to “existing food and beverage
establishment.”
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Councilor Wolf moved to approve Resolution 20-17 Establishing Locations and Maximum Number of
Food Trucks as amended. Councilor Underwood seconded the motion and the motion passed
unanimously.
5.12. APPROVAL OF MINUTES FROM MAY 12, 2020 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES)
Video Start Time: 02:10:57 Part Two
Councilor Fancher moved to approve the minutes from May 12, 2020 regular Council meeting.
Councilor Underwood seconded the motion and the motion passed by a vote of 6 to 1. Councilor Wolf
voted no.
6. WRITTEN REPORTS
6.1. POLICE DEPARTMENT DISPOSITION ON FORFEITED PROPERTIES FOR 2019 (POLICE CHIEF GREG DALY)
6.2. MUSICAL INSTRUMENTS (INTERN CHARISE BISHOP)
6.3. SUMMER UN-EVENTS UPDATE (CASE MANAGER DANITA DEMPSEY)
6.4. MAY 19TH PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER)
6.5. MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT NELLY BURNS)
7. MAYOR & C OUNCIL COMMENTS & MEETING UPDATES (10 MINUTES)
Video Start Time: 02:11:46 Part Two
Councilor Underwood requested staff to provide the Town Clerk Brenda Torres the right audio equipment
for the next virtual meeting.
Councilor Wolf thanked Public Works Director Gary Padilla and his team for the successful Town Cleanup
week. He also thanked Town Attorney Paul Wisor for all his amazing work and said hiring Paul was one of
the best decisions that he has made as Council member. He closed his comments inviting front-line workers
who appreciate music to enjoy live music this Friday at Agave.
Mayor Smith Hymes reminded the public about Town Cleanup day on Saturday May 30th, 2020.
Andrew Wymore commented that Council is doing an awesome job and repeated that he would like
Council to reconsider cancelling the fireworks display. Town Manager Eric Heil explained the dilemma of
hosting the fireworks and suggested Mr. Wymore to check the staff report from the April 28th Council
meeting.
8. EXECUTIVE SESSION P URSUANT TO C.R.S. §24-6-402(4)(A) FOR DISCUSSION OF THE POTENTIAL PURCHASE OF REAL
ESTATE AND (B) FOR RECEIVING LEGAL ADVICE FROM THE TOWN ATTORNEY CONCERNING A POTENTIAL COMMUNITY
HOUSING P ROJECT.
Video Start Time: 02:25:48 Part Two
Executive Session was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes moved to convene
into Executive Session Pursuant to C.R.S. §24-6-402(4)(A) for Discussion of the Potential Purchase of Real
Estate and (B) for Receiving Legal Advice from the Town Attorney Concerning a Potential Community
Housing Project. Councilor Underwood seconded the motion and the motion passed unanimously. The
time was 9:34 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Council members present were Tamra Underwood, Jennie Fancher, Chico Thuon, Amy Phillips, Scott Prince
and Jake Wolf. Also present were Town Attorney Paul Wisor, Town Manager Eric Heil, and Executive
Assistant to the Town Manager Ineke de Jong.
Mayor Smith Hymes made a motion to end the Executive Session. The time was 9:49 p.m.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:49 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office,
and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
Brenda Torres, Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood
AVON PLANNING AND ZONING COMMISSION MEETING ABSTRACT
TUESDAY, JUNE 2, 2020
VIRTUAL MEETING
1. CALL TO ORDER AND ROLL CALL
Chairperson Lindsay Hardy called the regular meeting to order at 5:03 p.m. A roll call was taken, and Planning
Commission members present were Rebecca Smith, Jared Barnes, Steve Nusbaum, and Sara Lanious. Also
present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Town Manager Eric Heil.
2. ELECTION OF NEW PZC CHAIR, VICE-CHAIR, AND SECRETARY
Chairperson Hardy noted this item for removal due to the absence of Commissioner Lang.
3. APPROVAL OF AGENDA
Commissioner Barnes motioned to approve the agenda as amended. Commissioner Smith seconded the motion
and the motion carried unanimously 5-0.
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
No conflicts of interest were disclosed.
5. BUSINESS ITEMS
5.1. MNR20021 MINOR DESIGN PLAN FOR RADIO TOWER FOR THE UPPER EAGLE REGIONAL WATER AUTHORITY
FACILITIES COMMUNICATION ON TRACT J WILDRIDGE SUBDIVISION (TOWN PLANNER DAVID MCWILLIAMS & JEFF
SCHNEIDER ROB RINGLE) PUBLIC HEARING
Public Comment: Charley Viola commented on the application. An email public comment from Jack and Greer
Gardner was noted for the record.
Action: Commissioner Nusbaum made a motion with the following findings:
1. The application is complete; and
2. The application provides sufficient information to allow the PZC to determine that the equipment
proposed by the Upper Eagle Regional Water Authority is classified as normal maintenance and
therefore exempt from the design standards of the Avon Development code, per §7.04.080;
3. The project is compliant with the Comprehensive Plan, including Policy G.4.3 and I.1; and
4. The project reduces demand and impact of public services.
Commissioner Barnes seconded the motion and it carried unanimously 5-0.
5.2. MNR20019 MINOR DESIGN PLAN FOR PORTALET SCREENING ON TRACT G BLOCK 2 BENCHMARK AT BEAVER
CREEK NOTTINGHAM PARK (TOWN PLANNER DAVID MCWILLIAMS) CONTINUED PUBLIC HEARING
Public Comment: None.
Action: Commissioner Barnes motioned to approve the item with the following findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f),
Design Review. The design meets the development and design standards established in the Avon
Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
1
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. There are no additional demands for public services or infrastructure by the application;
6. The design relates the development to the character of the surrounding community; and
7. Using this design for additional screening locations outside of the beach area is appropriate to reinforce
the unified park aesthetic.
Condition:
1. The portalets shall not be placed on a concrete slab but the screening be installed using sonotubes for
easier relocation.
Commissioner Nusbaum seconded the motion and it carried unanimously 5-0.
5.3. CONSENT AGENDA
APPROVAL OF MAY 19, 2020 MEETING MINUTES
MNR20010 & AEC20003
MNR20018
Commissioner Smith motioned to approve the consent agenda. Commissioner Barnes seconded the motion
and it carried unanimously 5-0.
6. CAPACITY BUILDING SEMINAR. REVIEW AND PRIORITIZE LIST OF SEMINAR TOPICS. FIRST TOPIC, AVON
DEVELOPMENT CODE OVERVIEW .
Staff received feedback for future seminar themes and presented the Development Code Overview.
7. STAFF UPDATES
Staff mentioned various Town initiatives.
8. ADJOURN
There being no further business before the Commission, Commissioner Barnes adjourned the meeting. The time
was 7:20 p.m.
These meeting notes 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.
RESPECTFULLY SUBMITTED:
David McWilliams, Town Planner
(970) 390-2014 ewilson @avon.org
TO:
FROM:
RE:
DATE:
Honorable Mayor Smith Hymes and Council members
Eva Wilson, Mobility Director
Level 2 Electric Vehicle Charging Station at Avon Town Hall
May 8, 2020
SUMMARY: Council members requested additional information regarding the installation of an electric
vehicle charging station at the new Town Hall compared to the southeast corner of the Avon Recreation
Center parking lot.
BACKGROUND: The Electric Vehicle Readiness Plan was created in 2019 to provide a logical plan for
installing electric vehicle (EV) charging stations in Town to meet the growing needs of electric vehicles. The
Electric Vehicle Readiness Work Plan proposed installing a Level 2 charging station in the new Town Hall
parking lot to serve 2 electric vehicles (2 ports on one charger) and then install additional EV charging
stations in the Avon Recreation Center parking lot to serve future demand. The Town Hall Renovation
project planned for an EV charging station by installing the electrical infrastructure , which is now in place.
Electrical infrastructure for an EV charging station is not currently in place at the Avon Recreation Center
parking lot.
EV CHARGING STATION LOCATION AND COSTS: Council members expressed concerns with the
location of the Town Hall Charging Station due to the impact on a limited number of parking spaces. We
were also asked to explore the feasibility and cost of adding additional parking spaces in the area box ed in
orange. Recently, Avon received a complimentary Level 2 Charger, valued at $7,250, from Holy Cross
Energy. Taking advantage of the regional contracting effort to install the Direct Current-Fast Charging
(DCFC) station at Tract A, the Town Hall Charging Station project can be completed for approximately
Page 2 of 2
$5,000 (at the location shown boxed in red). The phased EV station expansion in the area will be at the
Recreation Center (at the location shown boxed in green)
OPTIONS:
1. Install the Level 2 Charging Station at the Town Hall site. With the pre-wiring completed for the Town
Hall site, the complementary Level 2 charger and the $5,000 installation cost, the installation of the
Town Hall EV Charging Station will be expeditious. Future expansion will be at the Rec Center site.
The Town Hall will have an EV charger this year.
2. Group charging stations at the Rec Center site and forgo the Town Hall site . A bank of EV chargers at
the Rec Center site will provide flexibility and availability confidence . This option will also maintain the
limited general parking at the Town Hall site. An EV charger will not be installed on site this year. The
planning estimate for civil work to run power to this site is $40K -$50K.
RECOMMENDATION:
If timing is not a priority and forgoing the pre -wiring work is acceptable, option 2 would be operationally
preferred.
970.748.4059 jcurutchet@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: John Curutchet, Recreation Director
RE: Tennis and Pickle Ball Courts
DATE: May 28, 2020
SUMMARY: In 2014, Avon Town Council made motion to convert one full tennis court to four pickleball
courts. That conversion was one of the first of its kind in the valley and the lower courts in Avon became the
first choice of many for outdoor pickleball. Since 2014, Vail converted their Golden Peak tennis center to a
pickleball complex, and Eagle Vail Metropolitan District followed and converted their ice rink area to
pickleball courts.
History has shown that after one season, surface cracks begin to widen under the finished surface. Within
two seasons, cracks and dead spots are significant e nough to affect the integrity of play therefore affecting
the Recreation Department’s ability to offer quality tennis and pickleball programs. Aside from court
conditions, some players have also brought into question the surface area outside of sideline an d baseline
with concern that the areas are not of adequate size. Staff is asking Council for a direction on proceeding
with surface repair and reconfiguration of tennis court #3 and existing pickleball courts.
BACKGROUND: May 12, 2020, Council requested staff examine the scope, cost and feasibility of
reconfiguring existing pickleball courts to include two courts instead of four that will feature an upgraded
surface and, also satisfy USAPA preferred playing surface area. Council requested the sa me study of
configuring tennis court #3 to be resurfaced and feature dual use tennis and pickleball markings.
ANALYSIS: Staff consulted with court refinishing experts to determine best practice for achieving the goals
of:
1. Longer term solution to crack and surface repair
2. Providing pickleball courts that meet USA Pickleball requirements for playing surface area
3. Providing shaded seating for courts and an area that can satisfy the desired component of social
activity associated with the sport of pickleball
4. Repairing and converting tennis court #3 to dual use tennis and pickleball
Court measurements provide opportunity for existing pickleball court dimensions to accommodate the
transition from four courts to two. Adjustments of the courts east and west and north and south will then
provide the preferred USAPA guidelines for playing surface area. (Illustration A.)
Dual use tennis and pickleball court systems are common and acceptable by players of each sport. Tennis
court #3 can easily be converted to a dual use court, (Illustration B.).
The “Pro Bounce” court refinish system is established in the industry as a dur able, longer lasting, crack
resistant finish that provides excellent play surface performance. Providing a new subsurface and
increased playing surface integrity.
Page 2 of 4
FINANCIAL CONSIDERATIONS: The 2020 Capital Fund includes $50,000 for crack repair and cour t
resurfacing. The “Pro Bounce” system carries a cost of $45,000 per court. To refinish tennis court #3 and
existing pickleball courts then reconfigure Pickleball and move net post holes will likely yield construction
bids near or above $100,000
RECOMMENDATION: Staff recommends Council approve the construction bid process to repair, refinish
and reconfigure existing pickleball courts and to repair, refinish and transition tennis court #3 to a dual use
court featuring the “Pro Bounce” court surface.
Thank you, John
Page 3 of 4
Illustration A. Reconfigured Pickleball Courts meeting playing surface requirements
Shaded benches and
social area
Shaded benches and
social area
Page 4 of 4
(Illustration B.). Tennis court #3 transitioned to dual use tennis and pickleball
[970-390-2280] [Aisaacson@avon.org]
TO: Honorable Mayor Smith Hymes and Council members
FROM: Drew Isaacson, PW Superintendent
RE: Water Conservation
DATE: 04-7-2020
SUMMARY: The Town of Avon Public Works department has worked diligently over the last year and a half to
conserve water; clearly reflected by a nearly 40% reduction in irrigation water consumption. This number is
representative of both our potable and “raw” water systems.
The purpose of this document is to provide you with an update of our accomplishments to date, as well as our
intentions moving forward to further conserve water. These efforts are aligned with our climate action goals as well as
being fiscally sound.
We pride ourselves on being both stewards of our environment and leaders in our community.
BACKGROUND: A detailed description providing background to our irrigation and water conservation efforts can be
found in Attachment: A: Identification of irrigation priorities. This document was created as an interdepartmental
reference.
ANALYSIS: We have based our water conservation efforts on a prioritization schedule, identifying areas with the
greatest potential gain. This system has proven to be highly effective.
Attachment: B: Potable irrigation water shows data gathered from our local water utility. Though not all inclusive, it
does highlight the progress being made, especially at the sites where we are billed for potable water usage. We will
continue working with this utility to bring our few missing accounts into the WaterSmart program. This will allow us to
identify leaks sooner and cross-reference the data against weather to realize potential further savings.
While extremely impactful, irrigation isn’t the only way for us to conserve water. We have been revisiting our use of
annual flowers in roundabouts and other areas, as they consume far more water than perennials.
FINANCIAL CONSIDERATIONS: We saw savings of nearly $10,000 in water billings accrued over the course of
2019 through our water conservation efforts. The savings will hopefully continue to grow as we accomplish more
improvement projects.
Our local utility may be implementing a tiered billing system for irrigation water in the very near future. This billing
system is designed to financially motivate account holders to conserve water. As such we will continue to focus on
saving both water and, as a result, money in the seasons to come.
We have been spending a large sum each summer for annual flowers (which die each year). As we begin to use
these monies to plant perennials (which do come back each year) in their place, the need for these funds will
diminish over the next few years resulting is substantial savings in the long term.
RECOMMENDATION: It is recommended that support be given to water infrastructure projects, as well as to replace
annual flower plantings with perennials. This will help us meet climate action goals as well as conserve water.
PROPOSED MOTION: This is submitted as a written report and no action by Council is requested.
Thank you, Drew Isaacson, PW Superintendent
ATTACHMENTS: Please see: Attachment A: Identification of irrigation priorities
& Attachment B: Potable irrigation water usage
Page 2 of 4
Attachment A: Identification of Irrigation priorities
The purpose of this document is to provide guidance regarding prioritization of repairs to the town
owned irrigation infrastructure. This infrastructure is comprised of: head gates, ditches, sediment ponds,
holding ponds, intake lines, pump station, pump station electrical, distribution mains, distribution
laterals, isolation valves, electric (Scrubber) valves, heads, Controllers, field wiring (both 120V & 28V),
and a central control system(computer, software, individual server, weather station, telecom lines).
System Overview
As of spring 2019 we had a system that appears to have had Maxicomm central control at one time.
Most of the essential components have been either damaged or removed. We had numerous main line
and lateral leaks, faulty wiring; some disconnected all together, and multiple closed isolation valves
forcing a looped system to function as a directional system. The pump station was replaced in 2015,
however had missing data, and set points causing near daily faults that were shutting down the station
in order to protect itself, never completing a full cycle (Scheduling inside of the controllers was a large
contributing factor).
Prioritization Schedule
Pump station- Revisit all setpoints with Rainbird engineers to resolve pump start faults. Complete
Scheduling- Revise scheduling in all controllers to optimize flow characteristics of pumps and resolve
pump start faults. Complete
Main lines- Locate and repair all breaks in main line. All leaks found stemmed from improper repair
in past. Mainline breaks are typically not visible at the surface, but waste hundreds of gallons per minute
(GPM). Complete
Ditches- Ditches will be hand cleaned bi-weekly. Complete This includes the buck creek ditch,
Metcalf ditch, and Nottingham Poudre ditch. Repair all large leaks in ditches, and work with engineering
to pipe all ditches through CIP’s. The town pulls just over 2.585 million gallons/day(MGD) (77.558 million
gallons/month, or 465.349 million gallons/season) from the Eagle river through the Nottingham Poudre
ditch. This water never reaches the end of the ditch where any excess would flow back into the Eagle
river. During the 2019 irrigation season, the only use from this ditch was Traer creek metropolitan
district for their water feature and irrigation, as the town of Avon’s Post boulevard Pump station was
being repaired. When operable, this is for us to use 5-10 million gallons over the course of the season.
These repairs will come at a cost, however will return nearly 450 million gallons of water to the river
annually. Incomplete
Blow out port- The current blow-out port is constructed of plastic pipe and located in the upper field.
This is extremely susceptible to damage from special events and has led to numerous shutdowns of the
irrigation system. We will relocate this port to inside the pump station. It will be constructed of steel and
welded directly to the main line of the pump station. Complete
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Laterals- Monitor GPM flow from pump station to identify leaks. Repair immediately as
identified. These leaks are often not visible from the surface but waste hundreds of GPM. Most breaks
have stemmed from faulty past repairs, and mechanical damage from special events, and new
infrastructure installation (Path lighting, AED,…). Complete
Central control- Install and program Rainbird IQ central control system. Some components of
this system had been purchased but not installed prior to 2018. Since spring of 2019 a server to house
the software has been constructed and installed, software has been installed, and a “server controller”
has been created. This will collect data from the “satellite” controllers, allowing us to send and receive
programming from each controller. Ongoing
Valves-
Isolation valves- As of spring 2019 in response to any line break in the irrigation system,
we were shutting down the pump station and entire irrigation system. We have installed numerous
isolation valves over the last irrigation season. As a result, we were able to charge up the irrigation
system once in the spring, and it stayed charged until the fall blow out, without any shut downs.
Complete We will continue to add isolation valves allowing us to shrink the isolation zones and keep the
majority of the system charged and functional while completing repairs. Ongoing
Scrubber valves- As of spring 2019 many of our scrubber valves are nonfunctioning, due
to gravel in them. This stems from not properly flushing lines during repairs and allowing debris to enter
the system. We will be pulling apart these valves and directional flushing these lines to clear all debris.
Complete
Mapping- We currently have approximately 20% of our system mapped with hand drawn maps of
questionable accuracy, and another 20% in the form of as-builts. We will work to map 100% of our
system into a GIS data base with at least sub-meter accuracy. Incomplete
Electrical- We have multiple locations where field wiring has been run along the surface of the
ground or zip tied to fences. All field wiring will be undergrounded ASAP. Complete Nearly all irrigation
controllers have un-terminated field wires inside (I have seen up to 15 unlabeled, un-terminated wires in
1 controller). All wiring will be tested and located to determine function. All wiring will be properly
labeled to expedite electrical troubleshooting when required. Ongoing
Heads- The irrigation heads used in our system only have water pressure present while the
scrubber valve is on, approximately 20 minutes/day at most. We use 2 types of heads, pop-ups and
rotors. The pop ups are used in our landscaping (IE. Along Avon rd., in roundabouts, through the mall…)
and with their current nozzle configuration they output .5 - 1.5 GPM. The rotors are used to irrigate our
turfgrass. The largest rotors we use with their current nozzle configuration output 9.4 GPM. Overspray
from wind is inevitable. Overspray from misalignment is manageable and highly visible to the public. The
amount of water wasted from misalignment is negligible in comparison to a line break. As a result, the
adjustments to these heads will be done as needed but always superseded in priority by larger
consumption issues (bad programming, line breaks, etc…). Ongoing
Page 4 of 4
Attachment B: Potable irrigation water usage
Wildridge Pocket park:
Eagle Bend Pocket park:
Overall potable water usage: