TC Council Packet 07-22-2014 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JULY 22, 2014
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:10 PM
AVON TOWN HALL, ONE LAKE STREET
Page 1
PRESIDING OFFICIALS
MAYOR RICH CARROLL
MAYOR PRO TEM JENNIE FANCHER
COUNCILORS DAVE DANTAS, CHRIS EVANS,
ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF, MATT GENNETT
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS.
GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT, AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC.
PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MATERIALS.
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY.
THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH.
______________________________________________________________________________________________________________
5:00 PM AVON LIQUOR LICENSING AUTHORITY MEETING (SEE SEPARATE AGENDA PAGE 3)
5:10 PM REGULAR MEETING
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
3.1. DARIC HARVEY, CANDIDATE FOR EAGLE COUNTY SHERIFF
4. ACTION ITEMS
4.1. PUBLIC HEARING AND ACTION ON AMPLIFIED SOUND PERMIT WITH A REQUEST BY VAIL VALLEY
CHARITABLE FUND TO EXTEND THE HOURS OF AMPLIFIED SOUND IN NOTTINGHAM PARK AUGUST 2, 2014,
FOR THE BECTRI 2014 EVENT - EVENT MANAGER MICHELLE MALONEY
4.2. PUBLIC HEARING AND ACTION ON AMPLIFIED SOUND PERMIT WITH A REQUEST BY WALKING MOUNTAINS
SCIENCE SCHOOL TO EXTEND THE HOURS OF AMPLIFIED SOUND IN NOTTINGHAM PARK AUGUST 15-17, 2014,
FOR THE FLAVORS OF COLORADO EVENT - EVENT MANAGER KATIE TILLIE
5. WORK SESSION
5.1. DISCUSSION OF PROCUREMENT POLICY AMENDMENTS IN REGARDS TO ELECTED OFFICIALS AND APPOINTED
PLANNING AND ZONING COMMISSION MEMBERS (COUNCILOR DAVE DANTAS)
5.2. REVIEW OF TERM SHEET FOR NOTTINGHAM PARK PAVILION COP FINANCING
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
5.3. BUDGET SCHEDULE (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
6. ACTION ITEMS
6.1. PUBLIC HEARING ON APPEAL, IN ACCORDANCE WITH AVON MUNICIPAL CODE §7.16.160, APPEALS, FOR A
PZC DECISION TO DENY A MINOR DEVELOPMENT PLAN APPLICATION FOR 230 AND 245 CHAPEL PLACE,
CHAPEL SQUARE SUBDIVISION – HOFFMANN COMMERCIAL REAL ESTATE. (PLANNING MANAGER MATT
PIELSTICKER)
6.2. PUBLIC HEARING SECOND READING OF ORDINANCE 14-13 ADOPTION APPROVING THE GRANT OF A
REVOCABLE ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT AND MAINTAIN PRIVATE IMPROVEMENTS ON
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JULY 22, 2014
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:10 PM
AVON TOWN HALL, ONE LAKE STREET
Page 2
TOWN-OWNED RIGHT-OF-WAY AND PROPERTY AT CHRISTY SPORTS FOR DEVELOPMENT OF ADDITIONAL
PUBLIC PARKING (PLANNING MANAGER MATT PIELSTICKER)
6.3.FIRST READING OF ORDINANCE NO. 14-09, SERIES OF 2014, AN ORDINANCE AMENDING AVON MUNICIPAL
CODE SECTION 7.28.090(3)(V) BUILDING COLORS & SECTIONS 7.16.080 (D) & 7.16.090(D), PUBLIC
HEARINGS FOR DESIGN AND DEVELOPMENT REVIEW APPLICATIONS (TOWN PLANNER BRIAN GARNER)
6.4. NOTICE OF AWARD 2014 AVON ROAD LANDSCAPING IMPROVEMENTS (JUSTIN HILDRETH, TOWN ENGINEER)
6.5. NOTICE OF AWARD TO RETAIN A CONTRACTOR FOR THE CONSTRUCTION OF THE NOTTINGHAM PAVILION
STAGE (TOWN ENGINEER JUSTIN HILDRETH)
6.6. ACTION TO NOTICE EAGLE COUNTY CLERK OF TOWN PARTICIPATION IN NOVEMBER 4, 2014, COORDINATED
ELECTION, INCLUDING COUNCILOR ELECTIONS AND BALLOT QUESTION(S) [MAY BE RESCINDED IF NO BALLOT
QUESTION IS COMPLETED] (TOWN CLERK DEBBIE HOPPE)
6.7. ENGAGEMENT OF SPECIAL COUNSEL FOR THE REVIEW OF EAGLEBEND DOWD (KAYAK) BOND REFUNDING
(TOWN MANAGER VIRGINIA EGGER)
6.8. MINUTES FROM JULY 15, 2014 MEETING (TOWN CLERK DEBBIE HOPPE)
7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
8. COUNCIL COMMENTS
9. MAYOR REPORT AND FUTURE AGENDA ITEMS
9.1.1. CHANNEL 5 BOARD & MARKETING
9.1.2. POSTMASTER UPDATE WITH DANTAS
9.1.3. CREATIVE DISTRICT UPDATE
10. WRITTEN REPORTS
10.1. HAHNEWALD BARN – UPDATE
10.2. FINANCIAL REPORT
11. ADJOURNMENT
FUTURE AGENDA ITEMS: August 12th: Retreat – Strategic Plan; Wildridge Short Term Rental 2015
Championships, Budget Work Session
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JULY 22, 2014
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
Page 3
PRESIDING OFFICIALS
CHAIRMAN RICH CARROLL
VICE CHAIRMAN JENNIE FANCHER
BOARD MEMBERS DAVE DANTAS, CHRIS EVANS,
ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF, MATT GENNETT
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE
ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS
PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, AND AVON LIBRARY
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
Applicant Name: Walking Mountains Science Center
Event Name: Flavors of Colorado
Event Dates: August 15-17, 2014; 6 pm until 10 pm
Location: Nottingham Park
Event Manager: Katie Tille
5. RENEWAL OF LIQUOR LICENSES
6. MINUTES FROM JULY 8, 2014
7. ADJOURNMENT
TOWN COUNCIL REPORT
To: Mayor & Town Council
From: Virginia C. Egger, Town Manager
Date: July 22, 2014
Re: Proposed Amendments to Town of Avon Procurement Policy
On behalf of Councilors Dave Dantas and Jake Wolf, I have prepared this memo. The Town has funded
major construction projects this year, including Avon Road paving, Eagle Regional Trail, West Avon Trails,
and most recently Post Boulevard Landscaping, Avon Streetscape Improvements and the Pedestrian Mall.
The Town also issued an RFQ for the Nottingham Pavilion (Stage) to retain a contractor, with qualifications
and management fees provided.
All of the projects have followed the Town of Avon Procurement Policy, which has different procedures
depending on the estimated cost of a project. The standard procedure is to accept the lowest qualified bid
to determine the contractor with which to award a contract.
This summer, two projects, the Pedestrian Mall and Nottingham Pavilion (Stage) have had a Town Council
member Chris Evans, of Evans Chaffee, identified as the lowest, qualified bidder. Evans Chaffee was
awarded the Pedestrian Mall on Tuesday, July 15th, with documentation in the Council packet on all bids. At
your meeting today, the staff memo details the bid and qualification for the Pavilion. All processes were
followed correctly, and for each project, Evans Chaffee was considerably below the next higher qualified
contractor.
Attached are the applicable sections from the Town of Avon Procurement Policy, which state the standards
of conduct for public employees and Town Council members in procuring work for the Town. Councilors
Dantas and Wolf would like to discuss with Council amending these sections to be more discerning in how
Town Council members may participate in projects or work funded by the Town. They will lead this
discussion.
Attached: Standards of Conduct from the Town of Avon Procurement Policy
Heil Law & Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Carroll and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Hoffman Commercial Real Estate appeal of Design Review application Denial
DATE: July 18, 2014
Summary: This memorandum addresses several procedural issues related to the Hoffman Commercial
Real Estate (“Appellant”) appeal of the PZC decision to deny the Minor Development Plan applications for
shutters.
Timing of Hearing: The appeal request was timely submitted in accordance with Avon Development Code
(“ADC”) Section 7.16.160(a). ADC Section 7.16.160(a) states that Council shall conduct a public hearing
within 45 days of the receipt of the written request; however, the Appellant requested a public hearing for
July 22, 2014 in the Appellant’s appeal request dated May 19, 2014. Therefore, the July 22, 2014 public
hearing date is acceptable and there is no procedural defect in holding the public hearing later than 45 days
after the date of the appeals request.
Council Review: ADC Section 7.16.160(c) states that the Town Council shall use the applicable review
criteria for the decision that is appealed and that Town Council shall review decisions de novo (Latin for
“from the beginning” and “anew”). This means that Town Council must review the original application on its
merits as if Council were the Avon Planning and Zoning Commission (“PZC”) and Council must render its
own independent finding and decision as to whether the application complies with the applicable review
criteria. Council may consider the reasoning of the PZC; however, Council is not making a decision on
whether the PZC decision was reasonable, rather, Council is determining independently whether the
application meets the applicable review criteria. Council is required to describe the specific reasons for any
modification or reversal of the PZC decision.
Estoppel: The Appellant’s appeal request states that Town staff was aware that work to install shutters
was occurring prior to the issuance of a stop work order on May 1, 2014. Town staff has stated that Town
staff permitted one shutter to be installed on each building as a mockup to assist visual understanding of
the Design Review application. The Appellant was aware that the Appellant had submitted a Minor
Development Plan and Design Review application for the shutters and acknowledges in the May 19, 2014
appeal request letter that Appellant was conducting work to install shutters prior to a decision by the PZC.
It is my opinion that the circumstances do not support any valid argument by the Appellant that the Town of
Avon is somehow estopped from applying and enforcing its Development Plan and Design Review
procedures and application review standards.
Public Hearing: ADC 7.16.160(e) requires the Town Council to conduct a public hearing for appeals.
Council Action on July 22, 2014: Council has 35 days from the date of the first public hearing to render a
decision in writing. Also, Council has all review authority and procedural discretion that the PZC had during
its initial review. In addition to taking action on the appeal on July 22, 2014, Council has the authority to
continue the public hearing and to request additional information authorized in ADC Section 7.16.020(f)(2) if
deemed necessary to properly evaluate the original application.
Thank you, Eric
M EMORANDUM & PLANNING, LLC
PZC DECISION APPEAL – SHUTTERS IN CHAPEL SQUARE
PAGE 1 OF 3
TOWN COUNCIL REPORT
To: Honorable Mayor and Avon Town Council
From: Matt Pielsticker, AICP, Planning Manager
Date: July 16, 2014
Agenda Topic: Appeal of PZC Decision by Hoffmann Commercial Real Estate
Public Hearing
Summary
The PZC denied a Minor Design and Development application for the installation of shutters on
Buildings A and C, Chapel Square (the “Application”) at their May 6, 2014 meeting. The property
owner, Hoffmann Commercial Real Estate (“HCRE”) subsequently filed an appeal. Attached to this
report (Attachment A) is the formal Appeal letter, dated May 19, 2014. The letter includes
supporting documentation including the PZC materials and decision letter. A public hearing on the
appeal is scheduled for the July 22, 2014 Avon Town Council meeting.
Application
The Application under review is a Minor Design and Development Plan. Pursuant to the
Development Code, this type of application is a requirement when modifications are sought to
exterior of existing buildings, “including but not limited to windows, doors, minor architectural
details, colors and materials.” The Application is to install faux shutters and window heads/sills on
two buildings in the Chapel Square property with gray and red paint. The properties are: 1)
Building A, located at 230 Chapel Place, home to Nest Furniture on the ground floor, and 2)
Building C, located at 245 Chapel Place, home to Wells Fargo on the ground floor.
PZC Review
April 24, 2014 – A Site Tour was conducted by PZC for these improvements and other landscaping
improvements to HCRE’s properties. In advance of the tour, Staff authorized the installation of
some “mock” shutters on each of the proposed buildings in order for PZC to gain a better
understanding of the final look if the improvements were completed. PZC ultimately continued
action to May 6, 2014 citing concerns with the painted colors of the shutters.
May 6, 2014 - No changes to the Application were presented at this follow-up meeting. The PZC
discussed the application again and put together a motion to deny the application based on the
following findings:
1. The application does not comply with §7.16.090(f)(1), Design Review, which reads “The
design relates the development to the character of the surrounding community; or, where
redevelopment is anticipated, relates the development to the character of Avon as a
whole”; the Commission interprets the “surrounding community” as the buildings and area
surrounding the Chapel Square PUD; and
PZC DECISION APPEAL – SHUTTERS IN CHAPEL SQUARE
PAGE 2 OF 3
2. The architectural style of this design element (shutters) is not representative of the
contemporary architectural style of the buildings; and
3. By adding this design element to only Buildings A and C, Buildings A, B, and C would not
have a consistent architectural style; and
4. The colors of the design element are not compatible with the colors in the surrounding
community.
Design Standards
Below are the Development Standards for building materials and colors as stated in the Avon
Municipal Code. Section 7.28.090(c), Generally Applicable Design Standards, outlines the
requirements for building materials and colors as follows:
(3) Building Materials and Colors
(i) The use of high quality, durable building materials is required. Exterior
walls shall be finished with materials used in a manner sympathetic to the
scale and architectural style of the building.
(ii) Preferred materials reflect the Town’s sub alpine character such as native
stone, wood siding, masonry or timbers.
(iii) The following building materials and wall finishes are not permitted on
the exterior of any structure:
(A) asphalt siding,
(B) imitation brick,
(C) asbestos cement shingles or siding,
(D) imitation log siding, or
(E) plastic or vinyl siding.
(iv) The Planning and Zoning Commission shall consider newly developed
materials in light of subsections (i)-(iii), above, and make a determination
about appropriateness.
(v) Indigenous natural or earth tones such as brown, tan, grey, green, blue,
or red in muted, flat colors with an LRV (Light Reflective Value) of sixty
(60) or less are required.
(vi) The following colors are prohibited: neon, day-glow, fluorescent,
reflective, and non-earth tones.
(vii) All flues, flashing, and other reflective materials shall be painted to match
and/or appropriately contrast with adjacent materials.
Review Criteria
The Town Council shall use the following review criteria as the basis for the Decision on this Appeal
application.
§7.16.080(f), Development Plan
(1) Evidence of substantial compliance with the purpose of the Development Code as
specified in §7.04.030, Purposes;
(2) Evidence of substantial compliance with the §7.16.090, Design Review.
(3) Consistency with the Avon Comprehensive Plan;
PZC DECISION APPEAL – SHUTTERS IN CHAPEL SQUARE
PAGE 3 OF 3
(4) Consistency with any previously approved and not revoked subdivision plat, planned
development, or any other precedent plan or land use approval for the property as applicable;
(5) Compliance with all applicable development and design standards set forth in this
Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official
Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and
(6) That the development can be adequately served by city services including but not
limited to roads, water, wastewater, fire protection, and emergency medical services.
§7.16.090(f), Design Review
(1) The design relates the development to the character of the surrounding community;
or, where redevelopment is anticipated, relates the development to the character of Avon as a
whole;
(2) The design meets the development and design standards established in this
Development Code; and
(3) The design reflects the long range goals and design criteria from the Avon
Comprehensive Plan and other applicable, adopted plan documents.
Available Council Actions
Pursuant to §7.16.160(e), Appeal Decision, the Town Council shall conduct a Public Hearing and take
one the following actions within 35 days of July 22, 2014 (i.e. August 25, 2014):
1. Confirm the PZC decision and not approve the Minor Development Plan for shutters.
2. Modify the PZC decision with conditions determined necessary to achieve compliance with
the review criteria.
3. Reverse the PZC decision and approve the Shutters through the approval of the Minor
Design and Development application.
Attachment
A. Written Appeal, dated May 19, 2014, with accompanying Exhibits
Attachment A
Attachment A
Attachment B
Attachment B
Attachment B
Attachment B
Attachment B
Attachment B
Attachment B
Attachment B
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Virginia Egger, Town Manager
Date: July 17, 2014
Re: Public Hearing Second Reading Ordinance 14-13 Revocable Encroachment License for Public
Parking Lot
BACKGROUND
The Planning and Zoning Commission approved the design for development of a public parking lot west of
Christy Sports at its April 24, 2014, meeting. The proposed site is Town-owned land, currently planted in grasses
with several trees on the lot. Staff recommended the change as a better use of the land considering location
near at the core of East Avon and onto Avon Road. The parking lot would be developed by Hoffmann
Commercial Properties at its cost. Twenty-eight (28) parking spaces would be provided. The parking would
remain open to the public.
REVOCABLE ENCROACHMENT LICENSE
At its July 15, 2014, meeting, Council passed on First Reading Ordinance 14-13, which would grant a Revocable
Encroachment License to Hoffmann Commercial Properties to install, construct and maintain the parking lot,
with the following terms:
• The Term of the License would be 99 -years
• During the first 20 years of the lease, no revocation notice could be issued
• Thereafter, a six month revocation notice may be made at any time
• Use would be for public parking
• Hoffmann Commercial Properties could limit parking time, such as a 2-hour parking limit; no overnight
parking would be allowed
A Public Hearing for Second Reading was set for July 22, 2014.
REQUEST OF HOFFMANN COMMERCIAL PROPERTIES: Jon White, President, Hoffmann Commercial Real
Estate, has requested the term of the lease not contain any six-month revocation clause. Staff has
recommended the revocation clause remain, but be limited to revocation for any transportation use, including
but not limited to public parking, road expansion, development of a pedestrian/bike path, new technology, etc.
Mr. White is expected to at the meeting to address the Council. In addition, staff recommends a date be
established for construction of the parking lot, such as by November 1, 2015.
MOTION: If Council wishes to proceed with the License after the Public Hearing, the recommended motion is:
I move to approve Ordinance 14-13 [with or without modifications.]
Ord. No 14-13 Approving Revocable License Agreement July 15, 2014
Page 1 of 3
TOWN OF AVON ORDINANCE 14-13
SERIES of 2014
AN ORDINANCE APPROVING AN AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND HOFFMANN COMMERCIAL PROPERTIES FOR THE GRANT OF A
REVOCABLE ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT, AND
MAINTAIN PRIVATE IMPROVEMENTS ON TOWN-OWNED RIGHT-OF-WAY AND PROPERTY
WHEREAS, the Town Council has authority to grant revocable encroachment licenses for
Town owned public property and/or right-of-ways; WHEREAS, the Town Council finds that the grant of a revocable encroachment license to
construct a parking lot open to the general public on a public property adjacent to the Christy
Sports western parking lot and on a portion of Avon Road will promote the Avon Comprehensive Plan and promote economic vitality in the Avon commercial core and will thereby promote the healthy, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance. 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. Revocable License Agreement Approved. The attached Revocable License
Agreement is hereby approved and accepted.
Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and Town Clerk are authorized to execute documents approved in this Ordinance and take such other
actions as may be reasonably necessary to implement the actions in this Ordinance.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional
Ord. No 14-13 Approving Revocable License Agreement July 15, 2014
Page 2 of 3
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[Signature page follows]
Ord. No 14-13 Approving Revocable License Agreement July 15, 2014
Page 3 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for July 22, 2014
at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon,
Colorado.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least six days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on July 22, 2014.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk. ATTEST:
Debbie Hoppe, Town Clerk
Avon Road License Agreement
DRAFT July 1, 2014 Page 1 of 6
AN AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND
HOFFMANN COMMERCIAL PROPERTIES FOR THE GRANT OF A REVOCABLE
ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT, AND MAINTAIN PRIVATE
IMPROVEMENTS ON TOWN-OWNED RIGHT-OF-WAY and PROPERTY
1.0 PARTIES. The parties to this agreement (“Agreement”) are the TOWN OF AVON,
COLORADO, a Colorado home rule municipality (“Town”) and Hoffmann Commercial
Properties (“Licensee”). This Agreement is effective upon execution by the Licensee
and following execution by the Mayor on the date indicated below.
2.0 RECITALS AND PURPOSE.
2.1. The Town is the owner of certain property located in the Town of Avon, Eagle
County, Colorado, commonly known as Avon Road. A portion of Avon Road that
is subject to this Agreement is more specifically described on Exhibit A: Private
Improvements and such portion of Avon Road shall be referred to as the “Town
Property”. 2.2. The Licensee has expressed a desire to encroach upon and occupy the Town
Property for the purpose of installing, constructing, and maintaining certain
temporary landscape improvements. 2.3. Licensee agrees to construct public parking and landscaping (“Private
Improvements”) on the Town Property, which the Town desires and
acknowledges is a valuable public benefit that promotes goals of the Town’s
Comprehensive Plan. Town further finds that the Private Improvements on Town
Property provide benefits and value that equal or exceed the value of the Town
Property that the Town is providing for use by Licensee.
2.4. The Town is willing to grant a revocable license to the Licensee under the terms
and conditions as hereinafter specified in this Agreement provided that nothing in
this Agreement shall waive or modify any obligation to seek building permits, right-
of-way permits (including traffic control), variances, or other approval necessary to
meet any obligation imposed by law. The Licensee remains obligated to apply
for and obtain all necessary permits and approvals, pay all required fees, and
comply with all applicable local laws, including but not limited to any applicable
provisions in the Avon Municipal Code. 3.0 TERMS AND CONDITIONS.
3.1. The Town hereby grants to the Licensee a revocable license for the
encroachment and occupation described as follows: landscape plantings (trees,
shrubs, and ground cover), retaining walls, as such Private Improvements are
depicted in Exhibit A: Private Improvements; provided, however, that nothing
in this Agreement is intended to waive, alter, modify, or permit any violation of
any local law applicable within the Town of Avon. To the extent that the location or other specifications of this Agreement or any exhibit conflicts with local laws,
Avon Road License Agreement
DRAFT July 1, 2014 Page 2 of 6
the local law shall govern. Except for the encroachment and occupation of the
Private Improvements identified in this ¶ 3.1 and depicted on Exhibit A: Private
Improvements, no other encroachment, structure, improvement, vehicle, fence,
wall, landscaping, or any other real or personal property shall be erected,
installed, constructed, parked, stored, kept, or maintained in any way or fashion
on the Town Property. As a condition to the license granted in this Agreement,
Licensee shall construct the Private Improvements as depicted on Exhibit A:
Private Improvements, which Private Improvements shall be constructed
according to Town’s standards.
3.2. The encroachment and occupation of Private Improvements as specified in ¶ 3.1
above shall continue from the date of this Agreement through August 31,
2113, unless this Agreement is terminated as stipulated in this ¶ 3.2. Due to the
significant investment by the Licensee, the Town intends that the initial period of
this license will run for a minimum of twenty (20) years from the date this
License Agreement is executed. After the initial twenty (20) year period, the
Town may terminate this Agreement, with or without cause, at any time by
providing at least six (6) months advance written notice to Licensee. 3.3. The Licensee agrees to construct, maintain, and repair the Private Improvements
placed or located on the Town Property by the Licensee or its lessees, agents,
employees, or other persons under the control or direction of the Licensee
pursuant to this Agreement at the cost and expense of the Licensee and at no
cost or expense to the Town. The Licensee agrees that the Private
Improvements shall be accessible and open to parking by the general public
without charge and that overnight parking shall not be permitted. Limiting
parking to periods of time shall be allowed, for example a 2-hour parking limit.
The Licensee agrees to erect and maintain appropriate signage for parking. The
Licensee agrees to provide private enforcement of parking regulations consistent
with this Agreement and acknowledges that Town may provide parking
enforcement assistance in a manner consistent with, and according to, Town
policies as is provided for other private commercial parking areas open to the
general public. 3.4. The Licensee agrees to remove or cover graffiti or other damage caused to the
Private Improvements within a reasonable time following notice or knowledge of
such damage or within forty-eight (48) hours of delivery to the Licensee of a
written demand by the Town, whichever is earlier. The Licensee shall not erect,
cause to be erected or permit the erection of any sign, advertising object, or
illustration upon any improvement, structure, fence, or wall placed or located by
the Town Property pursuant to this Agreement and shall promptly remove any
such sign or advertising.
3.5. The Licensee agrees to maintain the landscaping in a healthy condition at all
times during this Agreement and shall be responsible for ensuring the proper
pruning or replacement as necessary to present a healthy landscape condition. 3.6. The Licensee expressly agrees to, and shall, indemnify and hold harmless the
Town and any of its officers, agents, or employees from any and all claims,
damages, liability, or court awards, including costs and attorney’s fees that are or
Avon Road License Agreement
DRAFT July 1, 2014 Page 3 of 6
may be awarded as a result of any loss, injury or damage sustained or claimed to
have been sustained by anyone, including but not limited to, any person, firm,
partnership, or corporation, in connection with or arising out of any omission or
act of commission by the Licensee or any of its employees, agents, partners, or
lessees, in encroaching upon the Town Property. In particular and without
limiting the scope of the foregoing agreement to indemnify and hold harmless,
the Licensee shall indemnify the Town for all claims, damages, liability, or court
awards, including costs and attorney’s fees that are or may be awarded as a
result of any loss, injury or damage sustained or claimed to have been sustained
by anyone, including but not limited to, any person, firm, partnership, or
corporation, in connection with or arising out of any claim in whole or in part that
all or any portion of the Private Improvements and encroachment permitted by
this Agreement constitutes a dangerous and/or unsafe condition within a public
right-of-way.
3.7. The Licensee agrees that it will never institute any action or suit at law or in
equity against the Town or any of its officers or employees, nor institute,
prosecute, or in any way aid in the institution or prosecution of any claim,
demand, or compensation for or on account of any damages, loss, or injury either
to person or property, or both, known or unknown, past, present or future, arising
as a result of or form the revocable license granted to the Licensee by this
Agreement. This provision includes but is not limited to claims relating to road
maintenance, snow removal or other public works activities performed by or on
behalf of the Town. 3.8. The Licensee agrees that the Town is not liable, and will not assume any liability,
responsibility, or costs for any damage, maintenance, or repair of any Private
Improvements erected or maintained by the Licensee under this Agreement.
3.9. The Licensee agrees to repair and reconstruct any damage to the Town Property
upon termination of this Agreement or removal of the Private Improvements
described in ¶ 3.1 and any other improvements erected by the Licensee on the
Town Property and the Licensee shall return the Town Property to its original
condition at the cost and expense of the Licensee and at no cost or expense to
the Town. In the event that Licensee does not remove the Private Improvements
and repair and restore Town Property to the condition prior to this Agreement within the time period determined in ¶ 3.2 above, then Licensee shall be deemed
to have abandoned the Private Improvements and any rights thereto and the
Town may proceed to remove the Private Improvements. The Town may seek
recovery of all costs incurred for the removal of Private Improvements from Town
Property, repair of damages to Town Property, and restoration of Town Property,
including legal costs and reasonable attorney fees.
3.10. The Licensee agrees to procure and maintain, at its own cost, a policy or policies
of insurance protecting against injury, damage or loss occurring on the licensed
premises in the minimum amount of $1,000,000.00 per occurrence. Such policy
or policies shall name the Town as an “additional insured”. However, the
Licensee’s failure to take such steps to insure the premises shall not waive,
affect, or impair any obligation of the Licensee to indemnify or hold the Town
harmless in accordance with this Agreement.
Avon Road License Agreement
DRAFT July 1, 2014 Page 4 of 6
3.11. The Licensee shall be deemed to have intentionally and irrevocably abandoned
and relinquished rights and interest in the Private Improvements in the event that
the Licensee conveys all the Licensee’s interest in the property or properties
obtaining access or receiving benefit from the improvements and encroachments
described in this Agreement. The Town shall be entitled to rely upon the public
records of ownership maintained by the office of either the Eagle County Clerk
and Recorder or the Eagle County Assessor in rendering a determination that the
Licensee has abandoned and relinquished the Licensee’s rights and interests as
provided by this paragraph. In such event, the Town may remove and demolish
such improvements without notice to the Licensee. 4.0 TERMINATION FOR DEFAULT. Town may elect to terminate this Agreement and
revoke the license for encroachment on Town Property in the event that Licensee
defaults under any provision of this Agreement provided that Town first provides written
notice describing the default and Licensee fails to cure by 5:00 p.m. Mountain Time on
the third business day after the date of the written notice of default if such default
involves a failure to permit parking by the general public in accordance with ¶ 3.3 or a
failure to provide and maintain insurance required by ¶ 3.10 or fails to cure within thirty
(30) days after the date of a written notice of default for all other defaults in this
Agreement.
5.0 ASSIGNMENT. This Agreement shall not be assigned by the Licensee without the prior
written consent of the Town which may withhold its consent for any reason; provided that
the Town encourages the Licensee to inform any purchaser of the Licensee’s property or
interests of the existence of this Agreement and the Town will promptly consider any
request by the Licensee for assignment of this Agreement to such subsequent
purchaser.
6.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and
shall be deemed to have been sufficiently given for all purposes if personally served or if
sent by certified mail or registered mail, postage and fees prepaid, addressed to the
party to whom such notice is to be given at the address set forth on the signature page
below, or at such other address as has been previously furnished in writing, to the other
party or parties. Such notice shall be deemed to have been given when deposited in the
United States Mail. 7.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings.
This Agreement may be amended only by an instrument in writing signed by the parties.
If any other provision of this Agreement is held invalid or unenforceable, no other
provision shall be affected by such holding, and all of the remaining provisions of this
Agreement shall continue in full force and effect. Invalidation of the Agreement in its
entirety shall revoke any authorization, whether explicit or implied to the continuing use
and occupancy of the Town Property for the Private Improvements. 8.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the
State of Colorado and venue for any action arising under this agreement shall be in the
appropriate court for Eagle County, Colorado.
Avon Road License Agreement
DRAFT July 1, 2014 Page 5 of 6
9.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any
term or provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either party.
10.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon,
the parties, their respective legal representatives, successors, heirs, and assigns;
provided, however, that nothing in this paragraph shall be construed to permit the
assignment of this Agreement except as otherwise expressly authorized herein. 11.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Town
shall incur no cost or expense attributable to or arising from the construction,
maintenance, or operation of the Private Improvements and encroachment permitted by
this Agreement and that, in all instances, the risk of loss, liability, obligation, damages,
and claims associated with the encroachment shall be borne by the Licensee. This
Agreement does not confer upon the Licensee any other right, permit, license, approval,
or consent other than that expressly provided for herein and this Agreement shall not be
construed to waive, modify, amend, or alter the application of any other federal, state, or
local laws, including laws governing zoning, land use, property maintenance, or
nuisance. 12.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they are
expressly authorized to execute this Agreement on behalf of the Parties and to bind their
respective Parties and that the Parties may rely upon such representation of authority. 13.0 LEGAL FEES AND COSTS. In the event the Town seeks legal action to enforce this
Agreement or to recover reimbursement costs for removal of private improvements from,
repair of any damages, and/or restoration of Town property subject to this Agreement,
Town shall be entitled to recover any and all legal costs and attorney’s fees incurred.
[SIGNATURE PAGE FOLLOWS]
Avon Road License Agreement
DRAFT July 1, 2014 Page 6 of 6
DATED __________, 2014.
TOWN OF AVON: By: ________________________________
Rich Carroll, Mayor
ATTEST: Approved as to Form:
_________________________________ ______________________________
Debbie Hoppe, Town Clerk Eric Heil, Town Attorney
LICENSEE:
By: _________________________________ STATE OF COLORADO )
)
COUNTY OF EAGLE )
Address: PO Box 1980
Avon, CO 81620
The foregoing instrument was acknowledged before me this ________ day of ____________________, 20____, personally by _______________________________. ___________________________________
Notary Public
(SEAL) Commission expires: _____________
Exhibit A - Improvements
TOWN COUNCIL REPORT
To: Honorable Mayor and Members of Town Council
From: Brian Garner, Town Planner
Date: July 22, 2014 Town Council Meeting
Agenda Topic: Ordinance 14-09: Two Proposed Code Text Amendments to the Avon Development
Code:
1. Section 7.28.090(3)(v) Building Materials & Colors
2. Section 7.16.080(d) & 7.16.090(d) Public Hearing Requirements
Overview
The Avon Planning and Zoning Commission reviewed the proposed Code Text Amendments through
Case #CTA14001 at the June 17, 2014 meeting and hereby forward a recommendation of approval of
the proposed Code Text Amendments to Town Council for final action of Ordinance 14-09.
Code Text Amendment #1: Building Materials & Colors (LRV)
Summary
Town Staff is presenting a proposed amendment to Section 7.28.090(3)(v), Building Materials &
Colors, of the Avon Development Code. The proposed Code Text Amendment would remove the Light
Reflective Value (LRV) standard from this Section and modify the language associated with color
approval.
Background
Town Council discussed removing Light-Reflective-Value (LRV) standards from the Development Code
at the April 8, 2014 Town Council meeting and directed Staff to provide amended language options to
the Planning and Zoning Commission (PZC) for consideration. At the May 6, 2014 PZC meeting, several
options to revise the current Development Code language was presented by Staff and deliberated by
the PZC. The Planning Commission opted for an alternative of the options presented and unanimously
passed a motion to effect the change.
Existing Language and Proposed Language:
Existing Language Proposed to be Amended:
§7.28.090(3)(v): Indigenous natural or earth tones, such as brown, tan, grey, green, blue or red, in
muted, flat colors with an LRV (Light Reflective Value) of sixty (60) or less are required.
Proposed Language:
§7.28.090(3)(v) Colors: Indigenous natural or earth tones in muted, flat colors are required. Large wall
areas shall be subdued in color and not reflective. Colors shall not be used to act as signs. Deeper,
richer shades of colors are preferred. Building composition and elements such as building scale,
landscaping, architectural style and surrounding properties are factors that will be considered for
color approval.
Development Code Language Retained:
§7.28.090(3)(vi): The following colors are prohibited: neon, Day-Glo, fluorescent, reflective and non-
earth tones.
§7.28.090(3)(vii): All flues, flashing and other reflective materials shall be painted to match and/or
appropriately contrast with adjacent materials.
Code Text Amendment #2: Public Hearing Requirements
Summary:
Town Staff is presenting a proposed amendment to Section 7.16.080(d) and 7.16.090(d), Notice and
Hearing, of the Avon Development Code. The proposed Code Text Amendment would repeal the
existing language in its entirety and be reenacted as proposed below. Additionally, this Code Text
Amendment will require modification to Table 7.16-1, Development Review Procedures and Review
Authority to reflect the public hearing requirement for applications considered by the PZC.
Background:
At the June 3, 2014 PZC work session meeting, the Planning Commission requested a code text
amendment to mandate a Public Hearing for any application being considered by the Planning &
Zoning Commission.
Existing Language and Proposed Language:
Existing Language Proposed to be Amended:
§7.16.080(d): Notice and Hearing: Notice and public hearing shall not be required for development
plan review.
§7.16.090(d): Notice and Hearing: Public notice and hearing shall not be required for this application
type.
Proposed Language:
§7.16.080(d): PZC shall review and render a decision or recommendation on the development plan
application after conducting a public hearing. Notice of the public hearing shall be published and
posted in accordance with 7.16.020(d)(1) and mailed notice is not required. The decision of PZC may
be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The Director shall not conduct
a public hearing for administrative review and decision on development plan applications.”
§7.16.090(d): PZC shall review and render a decision or recommendation on the design review
application after conducting a public hearing. Notice of the public hearing shall be published and
posted in accordance with 7.16.020(d)(1) and mailed notice is not required. The decision of PZC may
be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The Director shall not conduct
a public hearing for administrative review and decision on design review applications.”
Table 7.16-1: The Development Review Procedures and Review Authority Table will be updated in
accordance with the code text amendment.
Attachment:
Ordinance 14-09
Staff Recommendation
Staff recommends approval of the proposed Code Text Amendments.
Page 1 of 5
Ord No. 14-09 – Code Text Amendments to Avon Development Code July 22, 2014
TOWN OF AVON, COLORADO
ORDINANCE 14-09
SERIES of 2014 AN ORDINANCE AMENDING AVON MUNICIPAL CODE TABLE 7.16-1, AND SECTIONS 7.16.080(d), SECTION 7.16.090(d) AND 7.28.090(c)(3)(V)
CONCERNING BUILDING COLORS AND PUBLIC HEARINGS FOR
DEVELOPMENT PLAN AND DESIGN REVIEW APPLICATIONS RECITALS
WHEREAS, the Avon Town Council approved an application (“Application”) to amend the
text of the Avon Development Code (“ADC”) in accordance with Section 7.16.040 of the ADC;
WHEREAS, The Application would amend Section 7.28.090(3)(v), Building Materials & Colors, and Sections 7.16.080(d) and 7.16.090(d) Notice and Hearing and Table 7.24-1,
Development Review Procedures, in accordance with the Code Text Amendment;
WHEREAS, the Avon Planning & Zoning Commission held a public hearing on June 17,
2014, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation;
WHEREAS, after conducting the noticed Public Hearing, PZC made the required findings to
recommend approval of the application and adopted PZC Resolution 14-01, recommending
approval to the Town Council;
WHEREAS, the Town Council of the Town of Avon held public hearings on July 22, 2014, and August 12, 2014 after posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff prior to taking any action on the
Application;
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment and found the Application in compliance with the review criteria, and specifically finds that requiring public hearings on
development plan and design review applications will promote awareness and involvement of the
Avon community and will thereby promote the general welfare of the Avon community, promote
the goals and policies of the Avon Comprehensive Plan, including but not limited to Goal D.1. and Policy D.1.2. concerning the relationship of development to adjacent development, and will respond to changed conditions concerning community interest in development plan and design
review applications; and, amendments to the Design Standards concerning color will promote the
general welfare of the Avon community by providing a more flexible color standard and thereby
promoting development and redevelopment, will promote the Avon Comprehensive Plan,
Page 2 of 5
Ord No. 14-09 – Code Text Amendments to Avon Development Code July 22, 2014
including but not limited to Policies D.1.4 and D.1.5 concerning a unified and cohesive
community image, will promote the purpose stated in ADC Section 7.28.090(a)(8) and responds
to new planning concepts that disfavors a rigid LRV threshold value which may limit the use of
appropriate colors in appropriate circumstances; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Table 7.16-1: Development Review Procedures and Review Authority. Table 7.16-1, Development Review Procedures and Review Authority, of the ADC
is amended as follows:
The cell in the row Development Plan, Major and column PZC shall read “H-D”;
The cell in the row Development Plan, Major in Town Core and column PZC shall read, “H-R”;
The cell in the row Development Plan, Major in Town Core and column TC shall
read, “H-D”;
The cell in the row Design Review, column PZC shall read, “H-R or H-D”; and
The cell in the row Design Review, column TC shall read, “H-D or A”.
Section 3. Amendment to Section 7.16.080(d). Section 7.16.080(d) is hereby repealed in
its entirety and re-enacted to read as follows:
“PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Town Council shall conduct a public hearing when reviewing a Development Plan applicable in the Town Core.
Notice of the public hearing shall be published and posted in accordance with
7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be
appealed to the Town Council pursuant to Section 7.16.160, Appeal. The
Page 3 of 5
Ord No. 14-09 – Code Text Amendments to Avon Development Code July 22, 2014
Director shall not conduct a public hearing for administrative review and decision
on development plan applications.”
Section 4. Amendment to Section 7.16.090(d). Section 7.16.090(d) is hereby repealed in
its entirety and re-enacted to read as follows:
“PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Town Council shall conduct a
public hearing when reviewing a Design Review application in the Town Core.
Notice of the public hearing shall be published and posted in accordance with
7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The
Director shall not conduct a public hearing for administrative review and decision
on development plan applications.”
Section 5. Amendment to Section 7.28.090(c)(3)(v). is hereby repealed in its entirety and
re-enacted to read as follows:
“Indigenous natural or earth tones in muted, flat colors are required. Large wall areas
shall be subdued in color and not reflective. Colors shall not be used to act as signs.
Deeper, richer shades of colors are preferred. Building composition and elements such as
building scale, landscaping, architectural style and surrounding properties are factors that
will be considered for color approval.”
Section 6. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross-reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents.
Section 7. 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 8. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Page 4 of 5
Ord No. 14-09 – Code Text Amendments to Avon Development Code July 22, 2014
Section 9. 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 10. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours.
Section 11. Final Action. Approval and final adoption of this Ordinance on second reading
constitutes the Town’s final action for the purposes of any appeal, legal challenge or referendum
seeking reconsideration of the decision of the Town Council with respect to this Ordinance and matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code and in accordance with Chapters VI and VII of the Avon Home Rule Charter.
[EXECUTION PAGE FOLLOWS]
Page 5 of 5
Ord No. 14-09 – Code Text Amendments to Avon Development Code July 22, 2014
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on July 22, 2014 and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on August 12, 2014, at 5:00 P.M. in the Council Chambers, Avon
Municipal Building, One Lake Street, Avon, Colorado.
____________________________
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Debbie Hoppe, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 12th day of August, 2014.
____________________________ Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
__________________________ Debbie Hoppe, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Justin Hildreth, Town Engineer
Date: July 16, 2014
Agenda Topic: Notice of Award for Avon Road Streetscape Project to R.A. Nelson - Continued from July 15, 2014,
Town Council Meeting
The Notice of Award for the Avon Road Streetscape Project was continued to the July 15, 2014, Town
Council meeting so that staff could further evaluate funding scenerios. Two different funding options
are presented below.
Project Elements
The Avon Road streetscape has not been updated since the construction of the roundabouts in 1998 and
is need of attention. The current scope for the Avon Road Streetscape Project is to update Avon Road
by replacing the median landscaping with native bushes and flowers, landscaping Roundabouts 1 and 2
to present a new streetscape at Avon’s front door, replacing the irrigation system with newer, more
efficient fixtures, installing a variable message board near Walgreens, improving the monument sign in
Roundabout 3, constructing a 2015 Championships monument, and painting the light poles and street
furnishings olive green. This streetscape project will tie Avon Road with the Mall Improvement project,
Nottingham Park Pavilion and landscaping improvements in East Avon being completed by the
Hoffmanns. The project is part of an integrated landscape plan to unite the core of Town.
Project Bid Review and Final Cost
The project was advertised for bid on May 1st, 8th and 15th in the Vail Daily and was posted on the
Town’s website starting May 1st, 2014. The pre-bid meeting was held on May 29th and the bid opening
was on June 5th, 2014. No bids were received so the project was modified by separating it from the
Mall Improvement Project and then re-advertised in the Denver Post and Grand Junction Sentinal. The
bid opening was extended to June 26, 2014, and only one bid was submitted by RA Nelson for
$1,252,092.41 which is significantly higher than the project budget of $300,000.
Since the bid opening, staff has met with R.A. Nelson several times to reduce the project cost. The
project cost has been reduced to $708,048.07, and still achieves the projects goals. The entire project
budget, including consultant fees, 2015 element in Roundabout 4, and expenses for some tasks Avon
Staff will self-perform, will need to be $825,000 in order to complete the project.
Funding Options
Two options for the Avon Road Streetscape Project are presented for Town Council’s consideration.
First Option - The first option awards the project to R.A. Nelson in the amount of $708,048.07. 2014
revenues are available in the Capital Improvement Program to fully fund Avon Road improvemetns,
subject to the following actions:
1. Issue Certificates of Participation for the H.A. Nottingham Park Pavilion, which eliminates the
appropriation of $508,000 in Community Enhancement Funds
2. Use of Community Enhancement Funds (CEF): On July 17th staff presented several projects to Holy
Cross Energy representatives for use of accrued funds totaling $608,000. During the meeting the
Page 2
representatives complimented the Town on its accounting and appropriate use of past funds.
Learning of the balance, the representatives expressed an interest in seeing the funds spent. Two
projects the representatives favored and were quite excited about were:
a. Playground Design and Construction: In 2014, utilize $70,000 for design; and dedicate, in
2015, additional CEF monies ($250,000) for construction as a cost share with the Town’s CIP
($100,000) and GOCO grant ($350,000). The playground is estimated to cost $700,000.
b. Appropriate $358,000 to the Pedestrian Mall Improvement Project, as a beautification
project.
If acceptable to Council, a Resolution approving the use of CEF funds, would be presented at the
would be presented at the August 26th meeting.
These changes liberate Capital Project Funds for the Avon Road Streetscape Project, for full funding of
($825,000). Full funding would include the current budget of $300,000, plus $428,000 from redirection
of 2014 Community Enhancement Funds and $97,000 from available CIP 2014 revenue. The 2014 CIP
Ending Fund Balance would total $1,377,819 after these reallocations.
Second Option - The second option is to select the items that are the highest priority and delay the
lower priority items to 2015. The following table breaks out the cost of each item. Please note the
mobilization charge of $158,113, which includes R.A. Nelson’s general conditions, staffing, bonding and
insurance, will have to be updated once the scope of the project is finalized. The remaining projects can
be completed in 2015, as monies are available in 2014, unless other priorities are established by Council.
Avon Road Streetscape Cost Breakdown
Item Bid cost
R.A. Nelson Mobilization Charge $ 136,107
Pedestrian Crossing Flashing Beacon Signs $ 76,905
Monument Sign at Roundabout 3 and Lighting $ 34,047
2015 Monument at Roundabout 4 (not part of RA
Nelson Contract)
$ 60,000
Roundabout 1 & 2 Landscape $ 165,898
Median Landscape $ 189,483
Variable Message Sign $ 22,065
Paint Furnishings and Signs to Match Olive Green $ 83,543
RECOMMENDED MOTION:
Staff requests Council authorization to award the Avon Road Streetscape Project, to R.A. Nelson in the
amount of $ 708,048.07. [or a lower amount as determined at the meeting].
The notice allows the Town Manager or designee to sign the contractor’s agreement, subject to Town
Attorney review.
A budget amendment will be prepared, including changes for Pavilion funding, once decisions are
finalized.
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Justin Hildreth, Town Engineer
Virginia C. Egger, Town Manager
Date: July 17, 2014
Agenda Topic: Notice of Award for H.A. Nottingham Park Pavilion to Evans Chaffee Construction Group
Overview
The Town Council has directed the development of the Nottingham Pavilion (Stage) as a priority project
for completion by November 26, 2014. An in-house work group comprised of Councilors Jake Wolf,
Dave Dantas, Justin Hildreth, Brian Garner, and Virginia Egger oversees the project. In addition to this
team, producers of events have been consulted on the project.
Architectural firm VAg has completed its 50% design for the signature structure. In order to complete
the project on time, a contractor-assist approach has been selected by the in-house working group. By
selecting a contractor prior to full design, the project benefits from the integral advice of the contractor
to ensure the structure is not being over or under designed for its uses; materials can be evaluated for
cost and availability which best assures the project will be constructed on budget and on time; and, all
components of the Pavilion are fully coordinated in terms of construction timing. This is a common
approach for structures such as the Pavilion that have complexity in design (i.e., multiple levels, outdoor
usage, and need for rigorous attention to maintenance and cost of operation), and the ability to begin
construction elements such as excavation, foundations, etc. prior to full design completion (i.e., finishes
of the green room).
Request for Qualifications Bid Process
A Request for Qualifications (RFQ) was issued for general contractors (GC) on June 17, 2014, in the Vail
Daily and posted on the Town’s website. The RFQ was to provide construction services for the H.A.
Nottingham Park Pavilion (Stage), which includes a central stage, with dimensions 46 feet wide,
25 feet deep and 35 feet tall; remodeled pump house (650 sf); new deck extending over the
Lake (3,800 sf); a plaza in front of the Pavilion (3,900 sf); Green Room (650 sf), and mid-level
deck (450 sf). The project also includes relocation of the existing boat ramp and landscaping.
The structure will be comprised of a concrete foundation, steel frame, concrete deck and metal
roof, with brick pavers potentially on the plaza and the deck. The project has a full construction
budget of $1,500,000 and a tight construction schedule for this fall.
A mandatory site tour was held on July 1st, with four General Contractors in attendance along
with interested sub-contractors. Questions and Clarifications on the RFQ were due on July 2nd
and responses from the Town released on July 3. Statements of Qualifications were due on
July 9th, with the following four firms responding: Evans Chaffee Construction Group (ECCG),
R.A. Nelson, MW Golden and Ewing Construction. Each firm was required to submit a project
Page 2
plan, construction schedule, construction management fees, and responses to numerous
questions including but not limited to current work and other major project work of the same
nature.
Two of the firms, Evans Chaffee and R.A. Nelson were found to be the most qualified from the
RFQ proposals and selected for interviews on July 11th.
Interviews were conducted by the in-house group, with Buz Reynolds stepping in for Dave
Dantas, who was out-of-town. Brian Garner could not attend. The group determined from the
written submittals and interviews the firm’s qualifications were equally competitive and the
deciding factor was a substantial difference, in general conditions and construction service fees:
R.A. Nelson - $238,650 and Evans Chaffee - $111,475. When analyzing schedules, the group
identified that R.A. Nelson’s schedule was approximately one month longer than Evans
Chaffee’s. VAg provided an updated schedule, revised project budget of $1,500,000 and 50%
construction plans on July 16th. The Town then requested that the two firms update their
construction schedule and fees based on the new VAg information.
The updated fees and schedules were reviewed by the in-house work group and architect Brian
Judge. Schedules for project completion were December 3RD for ECCG; and December 19TH for
R.A. Nelson. Evans Chaffee’s fees again were lower, a difference of $ 101,617.
Evans Chaffee: $ 165,233
R. A. Nelson: $ 266,850 (the fee would be reduced to $ 246,450, if awarded the Avon
Road Streetscape project, now under Council consideration.) With both firms being qualified to the do the work, the substantial fee difference is a deciding
factor. Staff is recommending the project be awarded to ECCG.
RECOMMENDED MOTION:
Staff requests Council authorization to award the Nottingham Pavilion (Stage) to Evans Chaffee
Construction Group, with fees as proposed.
The authorization allows the Town Manager or designee to sign the contractor’s agreement, subject to
Town Attorney review.
TOWN COUNCIL REPORT
To: Mayor & Town Council
From: Virginia C. Egger, Town Manager
Date: July 22, 2014
Re: Letter of Engagement for Legal Counsel – Kayak Refinancing
Gerry Flynn, Polar Star Properties, noticed the Board of the EagleBend Dowd (Kayak) Affordable Housing
Corporation, of the potential for refunding bonds issued by the Corporation. I serve as the Town of Avon’s
representative on the Board.
The Board asked Mr. Flynn to explore longer term financing options for Kayak. The current bond financing held by
FirstBank does not mature until August 2016, but the project could possibly benefit from low long-term rates by
refinancing earlier. The Board has been informed that FirstBank would extend the loan. Terms and conditions
seem favorable and based upon the benefits proposed by FirstBank; Mr. Flynn has proceeded to start the loan
process. An appraisal is due any day, and the Board meets on July 23rd to review the details of the loan.
Depending on progress and Board review, Mr. Flynn has targeted the August 12th Avon Town Council meeting for
formal approval to modify the existing bonds, with closing to follow on August 14th.
Mr. Dee Wisor, Butler Snow, has served as the Town’s bond counsel. In order to prepare for a Council
action, the recommendation before Council on Tuesday is to retain Mr. Wisor to assist the Town by
reviewing and negotiating the certain documents relating to the issuance of the debt. His fees will be paid
directly out of the proceeds. Mr. Wisor’s engagement letter is attached to this memorandum. Eric Heil, Town
Attorney, has reviewed the July 17, 2014 Letter of Engagement from Mr. Wisor and finds it acceptable.
Requested Action: Approve the Letter of Engagement for Mr. Dee Wisor with Butler Snow.
BUTLER
July 17,2014
VIA E-MAIL
Town of Avon
Avon, CO 80104
Attention: Eric Heil, Town Attorney
Dear Eric:
This letter is to confirm our engagement as special counsel to the Town of Avon,
Colorado (the "Town"), in connection with the review of various documents in connection
with the refunding bonds (the "Bonds") to be issued by EagleBend Dowd (Kayak)
Affordable Housing Corporation ('EDAHC"). This letter sets forth the role we propose to
serve and the responsibilities we propose to assume as special counsel to the Town in
connection with this engagement.
Scope of Services
The scope of our services will include assisting the Town by reviewing and
negotiating the certain documents relating to the issuance of the Bonds. Our services do not
include financial advice to the Town. Our services as special counsel to the Town are limited
to those contracted for explicitly herein and the execution of this letter by the Town
constitutes an acknowledgment of those limitations.
Dee Wisor will be principally responsible for the work performed by Butler Snow
LLP on your behalf and they will report to and take direction from you, as Town Attorney.
Where appropriate, certain tasks may be performed by other attorneys or paralegals. At all
times, however, Dee Wisor will coordinate, review, and approve all work completed for the
Town.
Attorney-Client Relationship
In performing our services hereunder, the Town will be our client. We will represent
the interests of the Town rather than the Town Council, the Council's individual members, or
the Town's employees. We assume that other parties to the transaction will retain such
counsel as they deem necessary and appropriate to represent their interests in this transaction.
Personnel
1801 California Street
Suite 5 tOO
Denver, CO 80202
DEE P. WISOR
720.330.2357
dce.wisor@butlersnow.com
T720.330.2300
F 720.330.2301
www. butlersnow. com
BUTLER SNOW LLP
Town of Avon
July 17,2014
Page 2
Conflicts of Interest
Before accepting any new business, the Colorado Rules of Professional Conduct (the
"Rules") require us to evaluate whether there exist any ethical constraints to representing the
Town. We have completed a conflicts check within our firm and have found no current
conflict between the Town and our existing clients.
Financial Arrangements
Butler Snow will invoice the Town each month for our work based upon the time we
spend on this matter. Butler Snow's rates for the work by its attorneys and legal assistants
vary based on the experience and expertise of the individuals involved. Typically, we adjust
these rates at year-end to reflect changing economic conditions. If the firm increases rates
during this engagement, we will provide written notice of those changes. The Rules require
that the basis or rate of legal fees be communicated to the client in writing. Mr. Wisor's
current billing rate is $545.00 for the attorneys who will be working with the Town. In
addition, this letter authorizes us to incur expenses and make disbursements on behalf of the
Town, which we will include in our monthly invoice. Disbursement expenses will include
such items as travel costs, photocopying, deliveries and other out-of-pocket costs.
Public Contract for Services - Compliance with § 8-17.5-101 C.R.S.
In connection with our engagement with the Town, Butler Snow LLP qualifies as a
"contractor" pursuant to § 8-17.5-101(2), C.R.S. and we hereby certify that, as of the date
hereof: (i) we do not knowingly employ or contract with an illegal alien who will perform
work pursuant to this engagement letter, and (ii) we have participated in the e-verify program
or department program in order to confirm the employment eligibility of all employees who
are newly hired for employment to perform work pursuant to this engagement letter. In
compliance with Section § 8-17.5-102(2), C.R.S., the provisions set forth in Exhibit A to this
engagement letter are incorporated herein and made a part hereof.
Document Retention
At or within a reasonable period after Closing, we will review the file to determine
what materials should be retained as a record of our representation and those that are no
longer needed. We will provide you with a copy of the customary transcript of documents
after Closing and will return any original documents obtained from you (if a copy is not
included in the transcript). Our document retention policy is attached hereto as Exhibit B.
Termination of Engagement
Upon completion of our work relating to the issuance of the Bonds, our representation
of the Town and the attorney-client relationship created by this engagement letter will be
concluded.
Town of Avon
July 17,2014
Page 3
We are pleased to have the Town as our client, and look forward to a mutually
satisfactory and beneficial relationship. If the foregoing terms are acceptable to you, please
so indicate by having the appropriate individual execute a copy of this letter for the Town and
then return the executed copy to me. Thank you.
BUTLER SNOW LLP
P.
Accepted and Approved:
TOWN OF AVON, COLORADO
By:
Title:
Date:
DPW/jw
Town of Avon
July 16, 2014
Page 4
Exhibit A
A. Butler Snow LLP shall not:
(I) knowingly employ or contract with an illegal alien to perform work described in
this engagement letter under Scope of Services (the "Legal Services") or
(II) enter into a contract with a subcontractor that fails to certify to Butler Snow LLP
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform the
Legal Services.
B. Butler Snow LLP:
(I) has confirmed the employment eligibility of all employees who are newly hired
for employment to perform the Legal Services through participation in either the e-verify
program or the department program;
(II) shall not use either the e-verify program or the department program procedures to
undertake preemployment screening of job applicants while performing Legal Services;
(III) shall be required (only if Butler Snow LLP obtains actual knowledge that a
subcontractor performing Legal Services knowingly employs or contracts with an illegal alien):
(a) to notify the subcontractor and the Town within three days that Butler
Snow LLP has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
(b) terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to subparagraph (a) of this subparagraph (III) the
subcontractor does not stop employing or contracting with the illegal alien; except that Butler
Snow LLP shall not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien; and
(IV) shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that such department is undertaking pursuant
to § 8-17.5-102(5) C.R.S.
Town of Avon
July 16,2014
Page 5
Exhibit B
NOTICE TO CLIENTS OF BUTLER SNOW'S
RECORD RETENTION & DESTRUCTION POLICY FOR CLIENT FILES
Butler Snow maintains its client files electronically. Ordinarily, we do not keep separate paper
files. We will scan documents you or others send to us related to your matter to our electronic
file for that matter and will ordinarily retain only the electronic version while your matter is
pending. Unless you instruct us otherwise, once such documents have been scanned to our
electronic file, we will destroy all paper documents provided to us. If you send us original
documents that need to be maintained as originals while the matter is pending, we ordinarily will
scan those to our client file and return the originals to you for safekeeping. Alternatively, you
may request that we maintain such originals while the matter is pending. If we agree to do that,
we will make appropriate arrangements to maintain those original documents while the matter is
pending.
At all times, records and documents in our possession relating to your representation are subject
to Butler Snow's Record Retention and Destruction Policy for Client Files. Compliance with
this policy is necessary to fulfill the firm's legal and ethical duties and obligations, and to ensure
that information and data relating to you and the legal services we provide are maintained in
strict confidence at all times during and after the engagement. All client matter files are subject
to these policies and procedures.
At your request, at any time during the representation, you may access or receive copies of any
records or documents in our possession relating to the legal services being provided to you,
excluding certain firm business or accounting records. We reserve the right to retain originals or
copies of any such records of documents as needed during the course of the representation.
Unless you instruct us otherwise, once our work on this matter is completed, we will designate
your file as a closed file on our system and will apply our document retention policy then in
effect to the materials in your closed files. At that time, we ordinarily will return to you any
original documents we have maintained in accordance with the preceding paragraph while the
matter was pending. Otherwise, we will retain the closed file materials for our benefit and
subject to our own policies and procedures concerning file retention and destruction.
Accordingly, if you desire copies of any documents (including correspondence, e-mails,
pleadings, contracts, agreements, etc.) related to this matter or generated while it was pending,
you should request such copies at the time our work on this matter is completed.
You will be notified and given the opportunity to identify and request copies of such items you
would like to have sent to you or someone else designated by you. You will have 30 days from
the date our notification is sent to you to advise us of any items you would like to receive. You
will be billed for the expense of assimilating, copying and transmitting such records. We reserve
Town of Avon
July 16,2014
Page 6
the right to retain copies of any such items as we deem appropriate or necessary for our use. Any
non-public information, records or documents retained by Butler Snow and its employees will be
kept confidential in accordance with applicable rules of professional responsibility.
Any file records and documents or other items not requested within 30 days will become subject
to the terms of Butler Snow's Record Retention and Destruction Policy for Client Files and will
be subject to final disposition by Butler Snow at its sole discretion. Pursuant to the terms of
Butler Snow's Record Retention and Destruction Policy for Client Files, all unnecessary or
extraneous items, records or documents may be removed from the file and destroyed. The
remainder of the file will be prepared for closing and placed in storage or archived. It will be
retained for the period of time established by the policy for files related to this practice area, after
which it will be completely destroyed. This includes all records and documents, regardless of
format.
While we will use our best efforts to maintain confidentiality and security over all file records
and documents placed in storage or archived, to the extent allowed by applicable law, Butler
Snow specifically disclaims any responsibility for claimed damages or liability arising from
damage or destruction to such records and documents, whether caused by accident; natural
disasters such as flood, fire, or wind damage; terrorist attacks; equipment failures; breaches of
Butler Snow's network security; or the negligence of third-party providers engaged by our firm
to store and retrieve records.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY JULY 15, 2014
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Pro Tem Fancher called the meeting to order at 5:02 pm. A roll call was taken and Council members
present were Dave Dantas, Chris Evans, Buz Reynolds and Jake Wolf. Mayor Carroll and Councilor Matt
Gennett were not present at the start of the meeting. Also present were Town Manager Virginia Egger,
Senior Planner Matt Pielsticker, Director of Finance Scott Wright and Town Clerk Debbie Hoppe as well as
members from the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. WORK SESSION WITH PLANNING AND ZONING COMMISSION
3.1. PRESENTATION AND COMMENTS ON NOTTINGHAM PARK PAVILION (STAGE) DESIGN
Councilor Evans recused himself due to a conflict and left the room prior to the start of discussion.
Mayor Carroll arrived at 5:06 pm.
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:30 PM
4. RECONVENE TO REGULAR SESSION
5. PUBLIC COMMENT
6. ACTION ITEMS
6.1. PUBLIC HEARING AND ACTION ON AMPLIFIED SOUND PERMIT WITH A REQUEST BY TEAM UNLIMITED LLC
TO EXTEND THE HOURS OF AMPLIFIED SOUND IN NOTTINGHAM PARK JULY 19, 2014, FOR THE XTERRA
MOUNTAIN CHAMPIONSHIP RACE - EVENT MANAGER TED KOZLO
Mayor Carroll opened the Public Hearing, no comments were made. Councilor Wolf moved to approve
the Amplified Sound Permit; Councilor Evans seconded the motion, and it was approved unanimously
by those present (Councilor Gennett absent).
6.2. PUBLIC HEARING SECOND READING OF ORDINANCE 14-10 - CAPITAL LEASE FINANCING FOR SNOW PLOW
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
Councilor Wolf moved to approve Ordinance 14-10, Capital Lease Financing for Snow Plow; Mayor Pro
Tem Fancher seconded the motion and it was approved unanimously by those present.
(Councilor Gennett absent)
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY JULY 15, 2014
AVON TOWN HALL, ONE LAKE STREET
Page 2
6.3. FINAL DETERMINATION ON EASY LOOP TRAIL LOCATION (MAYOR RICH CARROLL)
Mayor Carroll opened the discussion to the public for their comments, and the following commented: Ace
Durkee, Pat Campbell, Paula & Prentice O’Leary, Susan Gruber, Kathleen Sedillo, Mark Luzar, Casey Wyse
and Cody Wyse.
Councilor Gennett entered meeting at 7:25 pm.
Councilor Dantas moved to make a final determination of Easy Loop Trail to stick to purple trail, with
the option to extend to Saddle Ridge Loop Road in the future; Councilor Pro Tem Fancher seconded
the motion and it passed unanimously by those present.
6.3.ACTION ON FUNDING REQUEST FOR 2015 WWG FESTIVAL (TOWN MANAGER VIRGINIA EGGER)
Councilor Wolf moved to approve funding request for 2015 WWG Festival, including $50,000 from the
General Fund Special Event Reserve; $25,000 in-kind; a revenue share with the Town that for ticket
sales about 3,800, the Town will receive $1,000 per 100 tickets; for 2016 a funding request will be at
least 20% less; Councilor Reynolds seconded the motion and it passed unanimously.
6.5. NOTICE OF AWARD 2014 AVON ROAD LANDSCAPING IMPROVEMENTS (JUSTIN HILDRETH, TOWN ENGINEER)
(Councilor Evans recused)
6.6. NOTICE OF AWARD 2014 PEDESTRIAN MALL IMPROVEMENTS (JUSTIN HILDRETH, TOWN ENGINEER)
Councilor Evans recused himself due to a conflict of interest and left the room prior to the start of
discussion.
Councilor Dantas moved to award the mall improvements project, to Evans Chaffee construction
Group; Councilor Reynolds seconded the motion and it passed unanimously by those present.
6.7. NOTICE OF AWARD 2014 POST BLVD LANDSCAPING IMPROVEMENT (JUSTIN HILDRETH, TOWN ENGINEER)
Mayor Carroll moved to award 2014 Post Blvd Landscaping Improvements; Mayor Pro Tem Fancher
seconded the motion and it passed unanimously by those present. (Councilor Evans recused)
6.8. DEED OF EASEMENT FROM VAIL RESORTS FOR EAGLE VALLEY TRAIL (JUSTIN HILDRETH, TOWN ENGINEER)
Councilor Pro Tem Fancher moved to approve the Deed of Easement from Vail Resorts for Eagle Valley
Trail; Councilor Dantas seconded the motion and it passed unanimously by those present.
6.9. DEED OF EASEMENT FROM EAGLEBEND AFFORDABLE HOUSING CORP. FOR EAGLE VALLEY TRAIL
(JUSTIN HILDRETH, TOWN ENGINEER)
Councilor Pro Tem Fancher moved to approve the Deed of Easement from Eaglebend Affordable
Housing Corp. for Eagle Valley Trail; Councilor Wolf seconded the motion and it passed unanimously by
those present.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY JULY 15, 2014
AVON TOWN HALL, ONE LAKE STREET
Page 3
6.10. FIRST READING OF ORDINANCE 14-13 ADOPTION APPROVING THE GRANT OF A REVOCABLE ENCROACHMENT
LICENSE TO INSTALL, CONSTRUCT AND MAINTAIN PRIVATE IMPROVEMENTS ON TOWN-OWNED RIGHT-OF-WAY AND
PROPERTY AT CHRISTY SPORTS FOR DEVELOPMENT OF ADDITIONAL PUBLIC PARKING
(PLANNING MANAGER MATT PIELSTICKER)
Councilor Evans moved to approve First Reading of Ordinance 14-13, with the change that the lease
term is 99 years with a 20 year floor prior to the implementation of the six-month notification of
revocation; Councilor Dantas seconded the motion and it passed unanimously by those present.
6.11. RESOLUTION 14-15 APPROVING THE ADD-ON PUBLIC IMPROVEMENTS FEE COLLECTION AGREEMENT
(ATTORNEY ERIC HEIL)
Councilor Pro Tem Fancher moved to approve Resolution No. 14-15 Approving the Add-on Public
Improvements Fee Collection Agreement; Councilor Wolf seconded the motion and it passed
unanimously by those present.
6.12. MINUTES FROM JUNE 24, 2014 (TOWN CLERK DEBBIE HOPPE)
Councilor Wolf moved to approve the minutes; Councilor Evans seconded the motion and it passed
unanimously by those present.
7. WORK SESSION
7.1. REVIEW OF RECOMMENDED PROCESS FOR RECREATIONAL TRAILS ADVISORY GROUP SOLICITATION AND
APPOINTMENT (TOWN MANAGER VIRGINIA EGGER)
7.2. COUNCIL RETREAT – AGENDA TOPICS AND START TIME
8. WRITTEN REPORTS
8.1. GIFT REPORTING DISCLOSURE REPORT FOR 2014 BEAVER CREEK RODEO SERIES
9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
9.1. COUNCILOR JAKE WOLF:
9.1.1. CHANNEL 5 BOARD & MARKETING
9.1.2. POSTMASTER UPDATE WITH DANTAS
9.1.3. EVENTS UPDATE MAN OF THE CLIFF
9.1.4. STAGE MEETING UPDATE WITH DANTAS
9.1.5. CREATIVE DISTRICT UPDATE
10. COUNCIL COMMENTS
11. MAYOR REPORT AND FUTURE AGENDA ITEMS
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY JULY 15, 2014
AVON TOWN HALL, ONE LAKE STREET
Page 4
12. ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 11:30 pm.
RESPECTFULLY SUBMITTED:
_________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Rich Carroll ________________________________
Dave Dantas ________________________________
Chris Evans ________________________________
Jennie Fancher ________________________________
Albert “Buz” Reynolds ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
HAHNEWALD BARN UPDATE
PAGE 1 OF 2
TOWN COUNCIL REPORT
To: Honorable Mayor and Avon Town Council
From: Matt Pielsticker, AICP, Planning Manager
Jeanette Hix, President, Historic Preservation Committee
Date: July 16, 2014
Agenda Topic: Hahnewald Barn
Summary
In April of 2013, The Avon Historic Committee (Committee) was informed that the Town of Avon
had received notice from the Eagle River Sanitation District (District) that the Hahnewald Barn (the
Barn) was going to be torn down to make space to construct another building on the site. The
District indicated that there was no rush for removal and that they would work with the Town and
Committee to see if there were any possible sites.
Space for Barn
Town Staff investigated Town-owned property that could accommodate the Barn or at least the
dismantled pieces of the Barn. No storage space for the dismantled Barn was located. The
Committee thought that the acquired Town land on the north side of Interstate 70 would
eventually become available for reconstructing the Barn; however, there is no storage space
available in the interim period for this scenario and no access is currently available to that site.
The Committee then contacted Eagle County Fair Grounds, Eagle County Historic Committee, and
Eagle County Reserve to see if there was space for the Barn on their properties. All three entities
replied that they did not have space for such a large structure.
4 Eagle Ranch was contacted and they did have space, but did not have funds to pay for the move.
Nottingham family members who live in Eagle County were also contacted to see if they had space
for the Barn as at one time it belonged to the family. All members of the Nottingham family that
were contacted said they did not have space for such a structure nor the funds to move it.
Funding
Colorado Historic Society, the State agency that supplied funding for the Nottingham Power Plant
renovation project was contacted. The Historic Society does not provide funding for moving
historic buildings.
The District indicated that they would be willing to donate $36,000 to the barn relocation project
as that is the estimated cost to tear the Barn down and have the materials hauled to a disposal
area. The El Pomar Foundation was contacted. The maximum grant that can be received for any
project is $50,000.
Other foundations were contacted but did not assist with this type of historic work.
HAHNEWALD BARN UPDATE
PAGE 2 OF 2
Conclusion
The Committee has concluded that there is not enough space available in Eagle County to move
the Barn except to 4 Eagle Ranch. There is not funding available to pay for the dismantling,
labeling and moving of the barn. It will be a great loss to the Town of Avon to have the barn torn
down. When History is wiped out, so are those people who lived that history.
Recommendation
The Committee recommends that an effort be made by the District to offer the materials from the
barn to local residents for use in building projects. Many individuals, builders, and developers use
old wood in their projects. This distribution of the wood from the Hahnewald Barn would allow a
little bit of Avon’s history to live on.
FISCAL YEAR 2014
FINANCIAL REPORT
July 22, 2014
______________________________________________________________________________________
1. Fiscal Year 2014 Financial Report Cover Memo
2. Sales and Accommodations Tax Reports – May 2014
3. Real Estate Transfer Tax Report and Monthly Detail – June 2014
4. General Fund Year-To-Date Expenditures- June 2014
5. Fleet Maintenance Fund Year-To Date Expenditures- June 2014
6. Transit Fund Year-To Date Expenditures- June 2014
7. DestiMetrics Executive Summary- June 2014
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Kelly Huitt, Budget Analyst
Date: July 16, 2014
Re: Fiscal Year 2013 Financial Report – May/June 2014
Revenues:
SALES TAX
• Sales tax revenue for the month of May is up $30,393.56, or 9.81% compared to May 2013, and up 7.37% compared to the monthly budget. This increase includes approximately $11,000 from new businesses, and after adjusting for new business growth, 6.23% is the actual gain in revenue for the month. May 2014 sales tax
revenue is the highest ever for the month of May.
• May collections report increases in most industries over 2013 except for Miscellaneous Retail which is down
($9,067.52) or (32.09%), Accommodations which is down ($3,255.59) or (12.76%), and Service related businesses are down (765.26) or (7.64%) . The decrease in Miscellaneous Retail is due to a business closure in this industry, and there was also a business miscoded to Miscellaneous Retail that was removed and placed
in the correct category. Revenue from Home/Garden is up 32.43% for the month, Restaurants/Bars are up
almost $10,000 or 17.51% and Other is up $12,725.06, or 33.44%.
ACCOMMODATIONS TAX
• Accommodations tax revenue for May is down ($2,565.20), or (10.46%) compared to May 2013, and down
(13.04%) compared to the monthly budget. Year-to-date accommodations tax is up 11.57% compared to 2013
and 8.35% compared to the budget.
• May accommodations tax collections are down for all lodging types: time shares are down (18.39%) or ($1,401.76), Hotels are down (1.51%) or ($227.16), and Vacation rentals are down (49.72%) or ($936.28).
REAL ESTATE TRANSFER TAX
• 2014 real estate transfer tax collections for June equal $220,009.15. This is a 143.62% increase from June
2013 and 89.66% over the monthly budget. One large Mountain Star sale significantly boosted the monthly
total. Year to date collections are at 81.20% of the total budgeted amount.
Expenditures:
• General Fund expenditures at the end of June are 50.39% of the budgeted amounts.
• Fleet expenditures to date are at 53.12% of the total budget.
• Transit funds are 49.49% spent compared to the annual appropriation. This includes $177,168.48 for gondola
operations during the 2014 portion of the ski season.
DestiMetrics:
• Avon’s occupancy was at 46.2% for the month of June, which is a .9% increase over June 2013. However,
the average daily rate for June was down (16.0%) compared to 2013.
• July’s anticipated occupancy is 38.4%, a 13.6% increase over 2013, and July’s average daily rate is up 4.9%.
• Looking back at the past six months, occupancy was up 6.1% while average daily rate was up 4.9% and
revenue per average room night increased 11.3% over 2013.
• Occupancy for the upcoming six months on the books is 13.4% higher than 2013 at 13.0%.
• Rooms booked during June 2014 for arrival June – November has changed by 21.0% compared to rooms
booked during June 2013 for arrival in the following six months.
TOWN OF AVON
SALES TAX WORKSHEET
2014 Actual vs. Budget
Budget YTD Collections Budget % of change
2009 2010 2011 2012 2013 2014 2014 Variance from 2013
January 552,648.47$ 515,009.18$ 511,040.76$ 519,784.89$ 677,943.78$ 693,355$ 638,863.27$ (54,491.56)$ -5.76%
February 516,349.68 504,752.59 532,903.25 533,546.48 636,702.27 651,176 673,722.03 22,546.21 5.81%
March 536,913.42 620,937.20 665,532.70 643,910.29 720,267.31 736,640 793,301.96 56,661.50 10.14%
April 319,833.51 309,937.09 305,269.73 304,220.84 307,407.13 314,395 381,839.56 67,444.43 24.21%
May 267,960.76 242,830.16 236,424.93 270,082.79 309,938.72 316,984 340,332.28 23,348.02 9.81%
June 396,066.29 377,920.42 406,828.27 430,588.57 490,329.18 501,475
July 409,956.20 421,975.98 452,873.44 472,215.40 537,479.66 549,698
August 374,965.99 361,702.25 419,977.29 455,439.86 504,332.25 515,797
September 350,585.25 359,139.22 391,546.49 424,793.75 475,362.88 486,169
October 286,412.11 288,859.84 299,193.35 341,711.43 356,925.96 365,040
November 281,696.02 284,528.70 301,407.41 336,060.63 362,460.94 370,700
December 786,701.84 818,360.74 921,815.61 852,868.64 981,917.79 1,004,239
Total 5,080,089.54$ 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 6,505,668$ 2,828,059.10$ 115,508.59$ 6.63%
Actual Collections
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
2010 2011 2012 2013 2014
Year
Sales Tax Collections for May
TOWN OF AVON
SALES TAX WORKSHEET
2014 Actual vs. Budget
$-
$300,000
$600,000
$900,000
$1,200,000
$1,500,000
$1,800,000
$2,100,000
$2,400,000
$2,700,000
$3,000,000
2010 2011 2012 2013 2014
YTD Sales Tax Collections
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
$550,000
$600,000
$650,000
$700,000
$750,000
$800,000 Sales Tax Monthly Comparison 2012-2014
2012
2013
2014
TOWN OF AVON
ACCOMMODATIONS TAX WORKSHEET
2014 Actual vs. Budget
Budget YTD Collections Budget % of change
2009 2010 2011 2012 2013 2014 2014 Variance 2013
January 84,919.00$ 87,938.84$ 85,233.73$ 90,118.88$ 108,508.43$ 111,733$ 129,851.78$ 18,119.08$ 19.67%
February 83,502.22 99,336.34 114,035.90 106,016.32 137,503.61 141,589 150,317.06 8,727.60 9.32%
March 84,909.85 105,518.15 122,145.16 115,043.42 153,208.80 157,761 168,597.39 10,836.07 10.04%
April 26,821.29 26,496.88 26,214.58 20,786.24 26,494.49 27,282 31,626.02 4,344.26 19.37%
May 19,090.36 12,425.51 15,152.82 16,664.44 24,527.17 25,256 21,961.97 (3,294.01) -10.46%
June 34,439.33 32,857.68 49,999.66 56,012.17 66,578.91 68,557
July 47,864.32 51,170.82 62,928.07 66,726.73 73,008.92 75,178
August 39,155.19 42,188.56 52,037.55 58,358.93 67,688.07 69,699
September 21,134.69 30,090.34 35,521.81 42,245.24 44,661.37 45,988
October 17,043.78 20,614.06 21,801.56 25,879.51 27,154.53 27,961
November 15,268.58 20,582.47 24,971.33 22,786.42 28,171.04 29,008
December 96,847.30 98,561.90 135,984.00 112,759.02 131,361.43 135,265
Total 570,995.91$ 627,781.55$ 746,026.17$ 733,397.32$ 888,866.77$ 915,279$ 502,354.22$ 38,732.99$ 11.57%
Actual Collections
-
5,000.00
10,000.00
15,000.00
20,000.00
25,000.00
2010 2011 2012 2013 2014
Accommodations Tax Collections for May
Town of Avon
Real Estate Transfer Tax
June 2014 Collections Detail
Budget YTD Collections $ change % of change
2009 2010 2011 2012 2013 2014 2014 2013 2013
January 34,468.00$ 237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ 76,800$ 85,126.74$ 62,591.74$ 277.75%
February 95,703.38 362,719.22 230,705.50 41,750.07 55,872.69 127,213 562,219.70 506,347.01 906.25%
March 6,023.70 284,243.65 187,099.47 84,760.49 125,927.64 106,113 50,375.06 (75,552.58) -60.00%
April 92,238.95 210,185.30 249,482.30 219,195.80 144,437.80 128,141 197,656.36 53,218.56 36.85%
May 37,803.12 112,431.30 187,668.62 270,170.12 121,784.12 102,077 183,745.60 61,961.48 50.88%
June 365,324.28 66,271.14 49,606.58 169,040.47 90,309.74 116,004 220,009.15 129,699.41 143.62%
July 208,800.24 63,509.36 46,707.37 71,057.40 386,434.78 71,033
August 87,827.30 88,823.40 106,785.21 232,505.93 97,579.70 96,586
September 159,877.84 159,861.96 140,876.56 96,389.34 157,010.67 186,603
October 205,537.52 222,575.20 64,005.33 176,889.62 169,839.80 207,609
November 131,944.57 115,654.16 98,057.44 150,549.86 112,491.82 168,426
December 336,431.50 236,117.45 198,448.03 145,134.57 83,382.60 213,395
Total 1,761,980.40$ 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 1,600,000$ 1,299,132.61$ 738,265.62$ 131.63%
Budget 1,600,000$
Variance, Favorable (Unfavorable)(300,867.39)
Actual Collections
$-
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
$700,000.00
$800,000.00
$900,000.00
$1,000,000.00
$1,100,000.00
$1,200,000.00
$1,300,000.00
2010 2011 2012 2013 2014
YTD Real Estate Transfer Tax Collections
Town of Avon
Real Estate Transfer Tax
June 2014 Collections Detail
Purchaser Name Property Amount Received
Balance Forward 1,079,123.46$
Chicago Title Westin Riverfront 14-25 436.00
Chicago Title Westin Riverfront 14-26 1,092.00
Land Title - Allender 137 Benchmark Rd #311 - Seasons at Avon 6,480.00
Title Co of the Rockies Mtn Vista #14-26 609.80
Title Co of the Rockies Christie Lodge #36 1,899.90
Land Title - Sherman 2492 Draw Spur #B - Coyote Creek Townhomes 5,925.00
Land Title - Siegel 175 Lake St #210 - Falcon Pointe 30.00
Stewart Title - Armstrong 511 Metcalf Rd #I-26 - Metcalf Lofts 4,940.00
Title Co of the Rockies Mtn Vista #14-25 652.00
Land Title - Haitz Living Trust 175 Lake St #410, wk 48 - Falcon Pointe 20.00
Stewart Title - Fairweather 240 Chapel Pl, BR218 380.00
Chicago Title Westin Riverfront 14-23 516.00
Title Co of the Rockies - Vector Monkeys173 Lake St Units PHB502 & B502 - Lakeside Terrac 11,980.00
Title Co of the Rockies Christie Lodge #35 2,310.00
Land Title - Bechtel and Shada 998 W Beaver Creek Blvd #B-301 - Sunridge 4,240.00
Land Title - Kuehn 1015 Wildwood Rd #8 13,440.00
Land Title - Copertino 2250 Old Trail Rd #B - Raven Ridge Townhomes 4,900.00
JRA Services - Baker Mtn Vista #1223, wk 12 19.99
Land Title - Yan & Zhu 410 Nottingham Rd #D - Nighstar Residences 7,900.00
Title Co of the Rockies - Alexander Mtn Vista #C304, wk 40 158.00
Title Co of the Rockies - Hill Trust Mtn Vista #1325 & 27, wk 37 258.00
Title Co of the Rockies - Emrick 100 W Beaver Creek BLvd #801 - Avon Center 9,170.00
Title Co of the Rockies Christie Lodge #34 2,648.00
Land Title - Romanski 410 Nottingham Rd #A - Nighstar Residences 2,660.00
Land Title - Rhodes 175 Lake St #302, wk 22 - Falcon Pointe 63.80
Land Title - Craine 2475 Old Trail Rd #A - Deer Ridge 7,440.00
Title Co of the Rockies Mtn Vista #14-23 536.00
Title Co of the Rockies Christie Lodge #33 2,384.70
Guardian Title - A Larger Story 100 W Beaver Creek BLvd #806 - Avon Center 8,900.00
Service Link - Knowles 1014 W Wildwood Rd #B 7,000.00
Heritage Title - Karlson 511 Metcalf Rd #M-38 - Metcalf Lofts 4,900.00
Land Title - Cotter 998 W Beaver Creek Blvd #C-201 - Sunridge 4,200.00
Chicago Title - Star Vacation Partners 173 Lake St #C-404, wk 13 70.00
Chicago Title - Star Vacation Partners 173 Lake St #C-404, wk 10 70.00
Chicago Title - Star Vacation Partners 173 Lake St #B-404, wk 3 70.00
Chicago Title - Star Vacation Partners 173 Lake St #C-404, wk 11 70.00
Chicago Title - Star Vacation Partners 173 Lake St #B-404, wk 8 70.00
Chicago Title - Richard & Kellogg 173 Lake St #C-201, wk 44 4.98
Chicago Title - Provost 173 Lake St #B-202, wk 44 4.98
Chicago Title - Rusteberg 173 Lake St #C-202, wk 37 12.50
Chicago Title - Cornick Mtn Vista #1201-03, wk 30 12.50
Chicago Title - Hively Mtn Vista #1204, wk 16 1.00
Chicago Title - Green Mtn Vista #1218-20, wk 22 6.50
Chicago Title - Kingswell - Smith Mtn Vista #1502-04, wk 21 6.50
Town of Avon
Real Estate Transfer Tax
June 2014 Collections Detail
Chicago Title - Catalano Mtn Vista #1206, wk 35 5.00
Chicago Title - Prata Mtn Vista #1314-16, wk 5 50.00
Chicago Title - Prata Mtn Vista #1402-04, wk 50 100.00
Chicago Title - Prata Mtn Vista #1325-27, wk 10 50.00
Chicago Title - Schmitz Mtn Vista #1202, wk 37 10.00
Chicago Title - Martinez Mtn Vista #1405-07, wk 21 15.00
Chicago Title - Crook Mtn Vista #1214, wk 32 5.00
Chicago Title - Flaherty Mtn Vista #1403, wk9 35.00
Chicago Title - Kiss Mtn Vista #1205, wk29 10.00
Chicago Title - Martinez Mtn Vista #1306-08, wk31 15.00
Chicago Title - Star Vacation Partners Mtn Vista #1705-07, wk 12 100.00
Chicago Title - Star Vacation Partners Mtn Vista #1410-12, wk 52 100.00
Stewart Title - Tice 5161 Longsun Ln B3 8,780.00
Stewart Title - Schroeder 2455 Old Trail Rd #D 6,780.00
Land Title - Reitan Revocable Trust 908 Chiming Bells 82,000.00
Title Co of the Rockies Mtn Vista #14-22 696.00
Title Co of the Rockies Christie Lodge #32 2,136.00
Chicago Title Westin Riverfront #14-21 634.00
Total June Revenue 220,009.15
Total YTD Revenue 1,299,132.61
Total 2014 Budget 1,600,000.00
Variance, Favorable (Unfavorable)(300,867.39)$
Dept./Div.2014 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
Legislative:
111 Mayor and Town Council 578,920$ 45$ 343,006$ 235,869$ 59.26%
112 Boards and Commissions 15,299 - 5,165 10,134 33.76%
113 Town Attorney 155,000 81,395 74,819 (1,214) 100.78%
115 Town Clerk 153,927 6,515 100,868 46,544 69.76%
Total Legislative 903,146 87,955 523,858 291,333 67.74%
Judicial:
121 Municipal Court 98,235 14,578 43,625 40,032 59.25%
Executive:
131 Town Manager 294,403 243 111,758 182,402 38.04%
132 Human Resources 229,806 1,925 112,897 114,984 49.96%
133 Community Relations 111,569 - 59,114 52,455 52.98%
Total Executive 635,778 2,168 283,769 349,841 44.97%
Finance Department:
141 Finance 741,372 8,911 327,723 404,738 45.41%
143 Information Systems 337,296 2,558 184,069 150,669 55.33%
149 Nondepartmental 290,998 14,484 211,074 65,440 77.51%
Total Financial Administration 1,369,666 25,953 722,866 620,847 54.67%
Total General Government 3,006,825 130,654 1,574,118 1,302,053 56.70%
Community Development:
212 Planning 245,489 5,084 107,699 132,706 45.94%
213 Building Inspection 127,353 - 59,362 67,991 46.61%
214 Economic Development 111,605 - 36,924 74,681 33.08%
Total Community Development 484,447 5,084 203,985 275,378 43.16%
Police Department:
311 Administration 553,701 14,882 243,670 295,149 46.70%
312 Patrol 1,964,020 24,430 872,773 1,066,817 45.68%
313 Investigations 221,954 - 108,331 113,623 48.81%
Total Police 2,739,675 39,312 1,224,774 1,475,589 46.14%
Public Works:
412 Engineering 219,703 838 96,037 122,828 44.09%
413 Roads and Bridges 1,377,518 78,241 622,032 677,245 50.84%
Total Public Works 1,597,221 79,079 718,069 800,073 49.91%
Department Expenditure Summaries
General Fund #10 June 2014 Expenditures to Date
Dept./Div.2014 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
Department Expenditure Summaries
General Fund #10 June 2014 Expenditures to Date
Parks and Recreation:
513 Special Events 427,106 8,519 204,619 213,968 49.90%
514 Administration 223,113 4,698 113,939 104,476 53.17%
515 Adult Programs 28,657 - 12,074 16,583 42.13%
516 Aquatics 394,409 9,612 190,347 194,450 50.70%
517 Childcare 36,486 179 15,835 20,472 43.89%
518 Fitness 158,237 666 106,200 51,371 67.54%
519 Guest Services 235,050 4,634 94,068 136,348 41.99%
521 Youth Programs 118,979 138 45,317 73,524 38.20%
522 Cabin 43,643 - 8,233 35,410 18.86%
551 Parks & Grounds 1,065,325 40,225 466,226 558,874 47.54%
571 Buildings & Facilities 1,053,353 50,291 500,482 502,580 52.29%
Total Parks and Recreation 3,784,358 118,962 1,757,340 1,908,056 49.58%
TOTAL OPERATING
EXPENDITURES 11,612,526$ 373,091$ 5,478,286$ 5,761,149 50.39%
Dept./Div.2014 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,546,142$ 53,358$ 768,012$ 724,772$ 53.12%
Total Operating Expenditures 1,546,142 53,358 768,012 724,772 53.12%
TOTAL EXPENDITURES 1,546,142$ 53,358$ 768,012$ 724,772$ 53.12%
Expenditure Summary
Fleet Maintenance Enterprise Fund #61 June 2014 Expenditures to Date
Dept./Div.2014 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 219,197$ 2,826$ 100,914$ 115,457$ 47.33%
432 Transit Operations 997,403 2,417 534,064 460,922 53.79%
435 Wash Bay 189,479 4,188 51,423 133,868 29.35%
Total Operating Expenditures 1,406,079 9,431 686,401 710,247 49.49%
TOTAL EXPENDITURES 1,406,079$ 9,431$ 686,401$ 710,247$ 49.49%
Expenditure Summary
Transit Enterprise Fund #52 June 2014 Expenditures to Date
Destination: Avon Destination Period: Bookings as of June 30, 2014
Data based on a sample of up to 10 properties in the Avon Destination destination, representing up to 752 Units ('DestiMetrics Census'*)
a. Last Month Performance: Current YTD vs. Previous YTD 2013/142012/13
Year over Year
% Diff
46.2%45.8%0.9%
$137$162 -16.0%
$63$74 -15.2%
b. Next Month Performance: Current YTD vs. Previous YTD
38.4%33.8%13.6%
$169$161 4.9%
$65$55 19.1%
c. Historical 6 Month Actual Performance: Current YTD vs. Previous YTD
48.8%46.0%6.1%
$202$192 4.9%
$98$88 11.3%
d. Future 6 Month On The Books Performance: Current YTD vs. Previous YTD
13.0%11.4%13.4%
$168$166 1.4%
$22$19 15.0%
e. Incremental Pacing - % Change in Rooms Booked last Calendar Month: Jun. 30, 2014 vs. Previous Year
7.2%6.0%21.0%
Avon Destination Occupancy for the prior 6 months changed by (6.1%)Occupancy
Avon Destination RevPAR for last month (June) changed by (-15.2%)RevPAR (June)
RESERVATIONS ACTIVITY REPORT
Avon Destination
Executive Summary
Avon Destination Occupancy for last month (June) changed by (0.9%)Occupancy (June)
Avon Destination Average Daily Rate for last month (June) changed by (-16.0%)
Avon Destination Occupancy for next month (July) changed by (13.6%)Occupancy (July)
Avon Destination Average Daily Rate for next month (July) changed by (4.9%)ADR (July)
Avon Destination RevPAR for next month (July) changed by (19.1%)RevPAR (July)
ADR (June)
Avon Destination Occupancy for the upcoming 6 months changed by (13.4%)Occupancy
* DestiMetrics Census: Total number of rooms reported by participating DestiMetrics properties as available for short-term rental in the reporting month. This number can vary monthly as inventories and report participants change
over time.
DESCRIPTION: The Reservation Activity Outlook Report tracks occupancy, average daily rate (ADR), and revenue per available room (RevPAR); the key metrics most of interest to lodging properties. The report
combines the data sets of participating properties into a destination wide view that features three data sets (providing that sufficient information is available) including: i) current YTD occupancy, ii) last YTD
occupancy, iii) last season's ending occupancy.
The Reservation Activity Outlook Report is generated on a monthly basis, usually for a 12 month subscription period, and is created from data provided by a group of properties participating in a cooperative
manner, and representing a valid set of data as a result.
Report results are provided only to those properties who participate by submitting their data. Additionally, participating properties can order (on an a-la-carte basis) an individual report which shows the
reservation activity of their property, measured against an aggregated set of competitive properties that they choose from amongst DestiMetrics's other participants.
As is the case in all DestiMetrics data, all information provided by individual properties is strictly confidential, except when aggregated with other data and indistinguishable as a result.
Avon Destination Average Daily Rate for the prior 6 months changed by (4.9%)ADR
Avon Destination RevPAR for the prior 6 months changed by (11.3%)RevPAR
Avon Destination Average Daily Rate for the upcoming 6 months changed by (1.4%)ADR
Copyright 2006 - 2014, DestiMetrics, LLC. All Rights Reserved. Information provided here is CONFIDENTIAL INFORMATION and is the exclusive property of DestiMetrics LLC. It is expressly not for reproduction, distribution publication
or any other dissemination without the express written permission of DestiMetrics, LLC. Sample reports may be provided to interested persons, specifically for purposes of their evaluation of a potential subscription and are subject to
Copyrights of this product. Data and Metrics represented on this report are representative of the Sample Properties only and may not be representative of the entire Community or Industry. Persons using this data for strategic
purposes do so at their own risk and hold DestiMetrics harmless.
Avon Destination RevPAR for the upcoming 6 months changed by (15.0%)RevPAR
Rooms Booked during last month (June, 2014) compared to Rooms Booked during the same
period last year (June, 2013) for arrival June to November has changed by (21.0%)Booking Pace (June)
7/7/2014
Copyright (c) 2006 - 2014, DestiMetrics, LLC All Rights Reserved.
Confidential Information not for reproduction and protected by law. info@DestiMetrics.com www.DestiMetrics.com 1