TC Council Packet 02-25-2014
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 25, 2014
AVON REGULAR MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
FINAL Avon Meeting Agenda 02-25-2014 Page 1
PRESIDING OFFICIALS
MAYOR RICH CARROLL
MAYOR PRO TEM TODD GOULDING
COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER,
ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY
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.
______________________________________________________________________________________________________________
REGULAR MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. ACTION ITEMS
4.1. PUBLIC HEARING on Resolution No. 14-02, Series of 2014, Resolution Approving the Minervini
Minor PUD Amendment for Lots 15 & 16, Block 4, Wildridge, Town of Avon, Colorado – Request
for Continuation to March 25, 2014
(Planning Manager, Matt Pielsticker)
4.2. Request from Public Access TV 5 for PEG Funds grant (JK Perry, Channel 5)
5. WORK SESSION
5.1. Vail Leadership Institute (Ross Iverson)
5.2. Introduction of Director of Economic Initiatives Susan Fairweather
(Town Manager Virginia Egger)
5.3. Review and Approval of Letter of Interest to the State of Colorado Creative Industries for
Consideration of Avon as a Candidate for Arts District Program Funding and Support
(Director of Economic Initiatives Susan Fairweather)
6. PUBLIC COMMENT
7. ACTION ITEMS
7.1. Review and Action on the Location and Cost Estimate for a Stage in Nottingham Park
(Town Engineer Justin Hildreth)
7.2. Public Hearing on Second Reading of Ordinance No. 14-03, Series of 2014, Ordinance Amending
Chapters 1.08 and 1.09 of the Avon Municipal Code to Increase Penalties
(Town Attorney Eric Heil)
7.3. Minutes from February 11, 2013 Meeting (Town Clerk Patty McKenny)
8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
8.1. CML Policy Committee (Councilor Jake Wolf)
9. COUNCIL COMMENTS
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 25, 2014
AVON REGULAR MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
FINAL Avon Meeting Agenda 02-25-2014 Page 2
10. MAYOR REPORT AND FUTURE AGENDA ITEMS
11. WRITTEN REPORTS
11.1. Financial Report (Budget Analyst Kelly Huitt)
11.2. Council Reporting of Gift over $50.00 – WWG Guest Festival Pass (Town Clerk Patty McKenny)
11.3. Village at Avon Update (Town Attorney Eric Heil)
12. ADJOURNMENT
FUTURE AGENDA ITEMS:
March 11: Council Retreat, Presentation of “Brand Platform” by Origin Design + Communications
CONTINUED PUBLIC HEARING – Minervini Minor PUD Amendment Page 1 of 1
TOWN COUNCIL REPORT
To: Mayor and Town Council
From: Matt Pielsticker, AICP, Planning Manager
Date: February 19, 2014
Agenda Topic: CONTINUED PUBLIC HEARING
Minor PUD Amendment for Lots 15 & 16, Block 4, Wildridge
Summary
The Town Council conducted a Public Hearing regarding a Minor PUD Amendment at the January 28,
2014 meeting. Given the public testimony received at that hearing, the Town Council directed the
applicant to consult further with a neighboring property owner who expressed concerns with the
application. The Town Council ultimately continued the Public Hearing until the February 25, 2014
meeting to facilitate time to work through the stated concerns.
Application
The Application would modify properly lines and the allowed building type for two lots, Lots 15 & 16,
Block 4, Wildridge Subdivision. Currently, three (3) dwelling units in the form of a single‐family
structure and duplex structure are permitted by right. The Application requesting the ability to
develop the Property with three (3) single‐family structures, and is being processed as a Minor PUD
Amendment. More details on the application can be found in the January 28, 2014 Council meeting
packet (http://avon.org/archive.aspx?AMID=35&Type=&ADID) or by going to the Community
Development site (www.avon.org/referral).
Staff Recommendation
Staff recommends opening the public hearing and then continuing the hearing to the March 25, 2014
Council Meeting. Given the nature of the application, Staff supports the request for a site tour at the
same hearing.
Attachment
Letter from Dominic Mauriello (Applicant), dated February 19, 2014
February 19, 2014
Avon Town Council
C/O Matt Pielsticker, AICP
PO Box 975
Avon, Colorado 81620
Dear Avon Town Council:
On behalf of John Minervini and Virginia Klyce, we would like to formally request a tabling
of our PUD Amendment request for 5684 & 5678 Wildridge Road East / Lots 15 & 16, Blk 4,
Wildridge Subdivision to the Avon Town Council meeting scheduled for March 25, 2014. We
have been working diligently with the neighbor on Lot 20, Jack Hunn, based on the Town
Council’s recommendation, and would like some additional time to continue our discussions.
On February 6, we met with Jack at his home to better understand the effects of the
proposed PUD Amendment on his property. As a result of this meeting, we have proposed
some mitigating measures to Jack and he has come back to us largely in agreement. We
have offered large spruce trees, a landscape easement along his joint property line with
proposed Lot 2, and similar other measures.
Unfortunately, Jack is currently on vacation and John is also out of town. As a result, we do
not believe we will have an agreement finalized by next Tuesday. In addition, I am out of
town on March 11, 2014.
We would like to request that we continue this item to the March 25, 2014, Town Council
hearing. We are hoping to also include a site visit by the Town Council before this hearing.
Thank you for your time and consideration on this matter. Should you have any questions,
please do not hesitate to contact me at 970.376.3318 or dominic@mpgvail.com.
Sincerely,
Dominic Mauriello, AICP
Principal, MPG
PO Box 4777 Eagle, Colorado 81631 970.376.3318 www.mpgvail.com
February
18,
2014
Town
of
Avon,
Since
the
last
presentation
to
the
Town
of
Avon
in
September
of
2013,
there
has
been
much
advancement
by
the
Vail
Leadership
Institute
that
I
would
like
to
update
the
Town
on.
The
partnership
with
the
Town,
has
been,
and
will
continue
to
be
something
that
our
organization
can
build
from.
The
following
is
a
list
of
items
that
will
be
updated
at
the
next
Town
Council
meeting
in
order
to
encourage
further
discussion
on
how
to
accelerate
the
Institute’s
impact
in
the
Town
of
Avon.
1. New Visual Identity for the Institute
a. Corporate focus
b. Reaching outside the Valley
2. Entrepreneurs BaseCamp
a. Participant Company Profile
b. Events/Meetings
c. Branding for the Town
3. Entrepreneurs Reception Events
a. April/October
4. Institute RoundTable Program
a. Traffic to Avon
Sincerely,
Ross
Iverson
President/CEO
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Virginia Egger, Town Manager
Date: February 20, 2014
Agenda Topic: Introduction of Susan Fairweather, Director of Economic Initiatives
It is a pleasure to introduce to you to Avon’s first Director of Economic Initiatives, Ms. Susan Fairweather.
Attached please find the announcement emailed earlier to you, the media, public and staff.
Susan is already playing key roles for the Town in development of the Avon Brand, leadership in moving
forward a review of proposed special events, and concept development for the 2015 World Alpine
Championships. She has been introduced to our Economic Advisory Group and taken time to meet Ross
Iverson and Chris Romer (who she knew from her previous work). While special event development and
branding are front burner, high priority tasks, Susan and I have met to review the Strategic Plan actions and
taken time to meet with key staff who she will be working with closely in the Finance and Community
Development departments.
As she reaches out to businesses for introductions, she is presenting to each information on the I GO-70
business partnership opportunity. With farmer and art markets a specialty of Susan’s, she has already
connected with Jerri Hoffmann to explore opportunity for this summer season. Susan has also met with
Parks and Recreation Director John Curutchet to work on a business and marketing plan for the Recreation
Center – we all see the potential for the Center to gain business, expand programs and reduce the Town’s
annual subsidy.
By Council meeting, Susan will be on the job for 10 short days. I think you will find her more than ready for
the good work ahead and a terrific addition to the Town.
Summary of Priority Work:
1. Brand Development
2. Special Event development, including: Review of Highline events, summer Bravo-Vail concerts &
adding value to scheduled 2014 events.
3. With Town Manager, 2015 WASC retention of producer – finalization of program
4. Amendment 64 – Analysis of retail marijuana from a brand and economic development perspective
5. Introduction to business community – Including query as to what Town is doing well and what our
businesses need and want from Town government – evaluate with the Business Community
formation of a Town of Avon Economic Development Council
6. If selected, lead staff person for the Creative Arts District application (on the February 25th agenda)
7. Work with Avon Recreation Center business and marketing improvements
Susan Fairweather Appointed as Avon’s First Director of Economic Initiatives
The Town of Avon has appointed Susan Fairweather as Director of
Economic Initiatives – a new position in the Town. The Town Council
identified the importance of hiring an economic development specialist
as a critical step in working with current businesses and attracting new
ventures, as well as developing Avon’s special event offerings. Susan
will focus on filling vacant offices and will work with our regional
economic development partners.
A nationwide search resulted in more than 17 viable candidates for the
position, six of whom were selected to review and critique Avon’s
economic development planning documents. From video conference
interviews; two experienced candidates were selected for final panel
interviews from which Susan was selected as the top candidate.
A native of Colorado and Summit County, Susan comes to Avon from the Town of Dillon, Colorado,
where she served as the Director of Economic Development, Marketing, and Communication since 2007.
She was instrumental in the Town’s branding efforts and establishing partnerships with land and
business owners to generate business and development projects within Dillon. Susan also facilitated the
formation of the Dillon Business Association and served as the Town’s liaison to the group.
Prior to Susan’s stint at Dillon, she worked as the Chief of Marketing, Communications and
Administrative Services for Metro Parks, Serving Summit County in Akron, Ohio where her skills were
utilized in the organizational identity and rebranding efforts and development of award winning state
and nationally recognized special event programs.
As Avon’s Director of Economic Initiatives, Fairweather will work to achieve economic vitality through
community investment in projects and partnerships to promote business retention and expansion for
the Town.
Town Council expressed enthusiasm to have her on board and is eager to have the business community
meet her. “We are excited to have Susan join us this week. She brings a wealth of experience and
knowledge to Avon, which will allow her to hit the ground running. Susan will head the Town’s
Economic Development program including support of existing businesses, real estate development
opportunities and special events. Her timing couldn’t be better as we start a community wide effort to
define Avon’s Brand,” said Council Member Todd Goulding.
Susan holds a Bachelor’s Degree in Finance from the University of Houston in Houston, Texas.
Fairweather is scheduled to start her position with Avon on February 12th.
Feel free to contact Susan at sfairweather@avon.org or 970-748-4072.
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Susan Fairweather, Director of Economic Initiatives
Date: February 25, 2014
Agenda Topic: Letter of Interest – Colorado Creative District Certification Program
Please find enclosed a Letter of Interest for Avon to be considered as a candidate into Colorado’s Creative
Arts District Program. The program has been established to support existing arts districts and the creation
of new districts in communities with a view to acknowledging and growing performance, educational and
fine arts. The two-year program is expected to culminate in the certification of the local Arts District by the
State of Colorado.
Staff has researched the benefits of becoming a Colorado-Certified district. Benefits include:
Eligibility to apply for Colorado Creates grants (up to $10,000)
National and statewide marketing, advertising and social media opportunities
CDOT signs marking Certified Creative Districts on highways
Technical assistance from professionals for district-specific identified needs
Customized economic impact data from the Creative Vitality Index provided by Westaf (Western
Arts Federation)
Training webinars by world renowned consultants
Assistance with community asset mapping by ESRI
Access to capital through OEDIT (Office of Economic Development and International Trade)
Ability to leverage funding for additional funding and partnerships
Mentoring and coaching from other Colorado Certified Creative Districts
Access to research and best practices
In addition to direct funding ($10,000), the indirect benefits averaged $32,000 per the Creative District
experience from 2012 – 2014. The Town is required to match the $10,000 grant with a first year match of
$5,000, which may come from expenditures such as funding expected to be spent on the Mall
improvements; and, in Year 2 as a direct cash appropriation of $5,000.
The Letter of Interest is the first step in the state-wide selection process. If Avon is selected, a site tour is
scheduled and the State assists with the formal application which must be completed by May 23rd.
Staff Recommendation
Staff recommends the Mayor, on behalf of the Town, submit the “letter of interest to apply” to Colorado
Creative Industries for consideration of being invited to apply for candidacy into the Colorado Creative
District Certification Program.
Recommended Motion
I make a motion to approve submitting a Letter of Interest to apply to the Colorado Creative Industries for
consideration of being invited to apply for candidacy into the Colorado Creative District Certification
Program.
Town of Avon: Letter of Interest: Creative Arts District Program Candidate
Page 1 of 2
Post Office Box 975 1 Lake Street Avon, CO 81620
970-748-4000 970-949-9139 Fax
970-845-7708 TTY
February 25, 2014
Deana Miller
Public Arts & Creative Districts Manager
Creative Industries Division
OEDIT
1625 Broadway, Suite 2700
Denver, CO 80202
RE: Letter of Interest: Creative Arts District Program Candidate
Dear Ms. Miller,
On behalf of the Avon Town Council, I respectfully submit this Letter of Interest for consideration to become a State
of Colorado Creative Arts District Program Candidate. I believe you will find the Town of Avon uniquely positioned at
this time to meet the objectives of the Program, with leadership support from the Council and staffing in place to
carry-out the work in partnership with Colorado Creative Industries.
As one enters Avon, from either direction, the first impression is one of a commitment to the arts. Avon Road, the
main thoroughfare serving as gateway to Beaver Creek Resort, features consecutive grand bronze statues, one piece
stationed in each of Avon’s famous roundabouts, five in total. With a collection of themes, including horses in full
play to a flag salutation, the major pieces of art are coupled with additional bronzes along the same lovely road.
And while these magnificent pieces have been photographed and featured in stories, it is only recently the works
have become a catalyst for Avon, with the partnership and investments of Hoffmann Properties in Avon’s eastern
urban core area, for the expansion and development of a richer and more diverse cultural district within Avon.
In February of 2013, the Town learned of developer interest in what is now called Hoffmann Properties – an area of
225,000 square feet of commercial core property, which previously was identified by the Town to be in need of
redevelopment, retail support and vibrancy. As the Hoffmann Family finalized acquisition of this property, the Town
was contacted by the developer for approvals to set into the property 18 new substantial bronze sculptures. The
Hoffmann Family, who have made the arts a central element of their redevelopment, including new space for an
artist-in-residence program, wished to, and now has developed and begun the installation of this ‘sculpture walk’.
Concurrently last spring, and independently, but now in collaboration with the Hoffmann Family and members of the
community, the Town Council was also completing plans for a bronze walkway across Avon Road to lead residents
and guests from our retail and restaurant center through the Town’s lodging core to the beautiful Nottingham Park
and lake – an incredible venue for special events. The Town’s walkway project includes two mall areas for
performance art and socializing. The town’s bronze walkway also passes by an area in west Avon which was
identified prior to the recession and is still at this time in need of revitalization. Many of the offices were vacated
when Vail Associates relocated its corporate offices to Broomfield, leaving a vacant void in Avon which we have
identified as a potential opportunity in our arts district The 2014 multi-million dollar Town funding of the
improvements planned led to the realization that Avon should research and evaluate opportunities for creating the
Town of Avon: Letter of Interest: Creative Arts District Program Candidate
Page 2 of 2
Avon Creative Arts District and it is envisioned that this concentration of bronze art work and juxtaposed commercial
spaces will be the first boundaries of the art district.
In September, 2013, the Avon Town Council updated and unanimously approved its 2013-2014 Strategic Plan. This
document and subsequent 2014 work plan advances action items specifically designed to expand and build the
cultural vitality in Avon’s central core and thereby in the community. From this direction, the Town has since hired
its first Director of Economic Initiatives and retained consultant services to create a branding platform, with final
brand development scheduled for early April. The work plan calls for the establishment of Cultural, Arts and Special
Events Commission in the 2nd quarter of the fiscal year to promote and assist with the production of recreational,
cultural, educational and social events.
Significant in the Strategic Plan is an investment in identifying, seeding and nurturing an array of signature special
events in Avon. Responsive to this important economic and cultural interest, Avon has been able to recruit and
partner with financial support this February’s bluegrass and brew festival, summer concerts with Bravo-Vail,
expansion of the Reds, Whites and Brews Festival, and expansion of a small film series. Two new events – one
culinary and a world music festival are under review. Significant funding and support is being given to the 2015
World Alpine Ski Championships, which will be held in Beaver Creek, for a street fair of art, performance and culinary
choice in Avon over the 16 day event with a view to carrying on this Après Avon gathering as an annual winter event.
In support of these events, the Town is moving forward with final design of a permanent stage in Nottingham Park
for bid and final approval later this spring.
The Town Council believes our application is an exceptional opportunity for Avon to successfully, strategically and
thoughtfully become a leading mountain resort community that is known not just for an amazing array of recreation
opportunities, exceptional mountain setting, but also as one with a distinctive culture of the arts and recreation.
Avon is well on its way with capital investments, a synergy with private property developers and a solid knowledge
and appreciation of importance of performing and fine arts as integral to the fabric of a community. While a
sophisticated community, the opportunity to benefit from the Program’s leadership, knowledge base, sound
marketing ideas and development strategies would be welcomed and integral to our success in working with local
artists, our private partners and appointed and elected boards.
Susan Fairweather, Avon’s Director of Economic Initiatives, will serve as our primary contact for this application and
site visit. Her contact information is provided below.
Thank you for your thoughtful consideration.
Sincerely,
Mayor Rich Carroll
cc: Hoffmann Properties
Susan Fairweather, 970.748.4072, sfairweather@avon.org
TOWN COUNCIL REPORT
To: Mayor and Town Councilors
From: Town Manager Virginia Egger
Date: February 20, 2014
Agenda Topic: 2014 Capital Projects & Stage Funding
The Finance Department is near to closing out fiscal year 2013. The General Fund’s budgeted surplus
for 2013 of $582,865 appears that it will exceeded by approximately $600,000. Real Estate Transfer
taxes, accounted for in the Capital Projects Fund, are estimated to exceed the 2013 estimate by
approximately $19,000.
The attached report summarizes information in regards to the cost of the stage and recommendation
for Community Enhancement Funds and monies from 2013 General Fund surplus funding the project.
A first allocation of $20,000 is recommended to finalize the design, prepare bid documents and bid the
stage. Bids received will coincide with the bid openings for Avon Road and the Pedestrian Mall. This
will provide Council the information to set priorities should bids for these three major projects exceed
staff estimates.
In addition to the above projects, other projects and costs which have been identified so far this year
will need to be evaluated for 2014 funding. These include:
• Metcalf Road Bike Lane
• Software for email archiving and contract management (tickler system)
• Bus shelters in East Avon – requested by the developer and considered a high priority in future
transit expenditures, but unfunded
• Budget and expenditure plan for Village at Avon Add-on Sales Fee (.75)
Finally, Council can review what revenues would be generated for a Recreation Center bond question
and what should be included in the project beyond the Recreation Center expansion, if monies are
available. This strategy will be helpful to the community outreach prior to the August deadline for
submitting a question.
In summary, the bids will be timely for Council to review all demands on the Town’s Capital and
General Funds prior to the approval of any one major improvement.
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Justin Hildreth, Town Engineer
Virginia Egger, Town Manager
Date: February 20, 2014
Agenda Topic: Nottingham Park Performance Stage – Project Funding
At the January 28, 2014, Town Council meeting, the Council directed staff to develop a budget and
funding options to construct the stage in the summer of 2014. The basis of the budget is the stage VAG,
Inc. designed in 2010 for the Town. The stage is proposed to be located north of the Engineering wing of
Town Hall, facing the upper athletic field. The stage has a 25FT x 45FT performance space and is large
enough to accommodate bands that typically perform at the “Salute to the USA” July 3rd event. The stage
was bid out in 2010 and the low bid came in at $573,000.
A total project budget of $660,000 is recommended to cover inflation, architecture fees to update the
plans, and project contingencies. The project is currently included in the Five Year Capital Improvement
Plan budget for funding in 2017. To advance the project for construction in 2014, approximately
$515,000 of the cost can be funded from the Community Enhancement Fund and the remaining $145,000
advanced from the General Fund’s 2013 actual surplus that is going to well exceed budget. A portion of
the Community Enhancement funding is obtained by delaying the Nottingham Park restroom project
currently budgeted to use Community Enhancement funds of $275,000. Holy Cross Energy must approve
the use of the funds for the stage project, and preliminary discussions indicate that they consider this
project to qualify as one of the allowed uses of the funds. The restroom project can be added to the
proposed 2014 recreation ballot initiative list of projects or funded as a cash project in a later year
depending on RETT receipts.
Sound Test
Town Staff has been asked to conduct a sound test to evaluate two locations - north of Town Hall and the
southwest corner in front of the cabin - that were recommended by Town Council at the January 28th
meeting. The preferred company to conduct the sound test has not been responsive to scheduling a time,
and as this memo is drafted, has not been scheduled. A request to retain the WinterWonderGrass stage
through Monday, with a reconfiguration to conduct the sound test, is estimated to cost $15,000. Staff,
therefore, will make a best effort over the weekend to measure sound from the stage at various locations
to provide the most minimal back-of-envelope estimates for winter music impacts emanating from
Nottingham Park.
Schedule
VAG, Inc. can be retained to update the project plans immediately and the project be bid out in April and
May. Once current construction pricing is obtained, Town Council can prioritize the stage with other
projects and demands and then decide whether to move forward with construction. A budget
amendment would be required at that time to add the stage to the Capital Improvement Plan.
Construction is expected to take two to three months to complete.
Recommendation & Motion
Move to appropriate $20,000 from the Capital Projects Fund’s Contingency line item to complete the
construction plans and bid out the project.
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: Ordinance No. 14-03 Amending the Avon Municipal Code Concerning Penalties and
Restitution
DATE: February 21, 2014
Summary: Ordinance No. 14-03 Amends the Avon Municipal Code to increase the maximum penalty
provision from $1,000 per violation to $2,650 per violation and enacts language regarding municipal court
authority to order restitution. The Colorado Legislature enacted HB13-1060 last year which amended the
maximum penalty for violations. Ordinance No. 14-03 amends the Avon Municipal Code so that it is
consistent with statutory authority for maximum penalties. Council passed Ordinance No. 14-03 on first
reading. Council must conduct a public hearing for second reading. An additional WHEREAS has been
added to document that Council conducted a public hearing as required by the Avon Home Rule Charter.
Sections 1.08.010 and 1.09.030: The only change to these sections from the existing Code is to change
the maximum fine amount from $1,000 to $2,650.
Restitution: Ordinance No. 14-03 also amends the Avon Municipal Code to enact a new Section 2.08.120
to clarify and formalize the Court’s authority to order restitution. Statutory authority exists for court ordered
restitution under Colorado Revised Statute 18-1.3-601 et. seq. for sentencing in criminal cases, including
misdemeanors, petty offenses and traffic misdemeanor offenses. I have reviewed restitution clauses from
several other municipalities and have consulted with Judge Allen regarding these Code amendments.
Requested Action: Consider Ordinance No. 14-03 on second reading.
Proposed Motion: “I move to approve second and final reading of Ordinance No. 14-03 AN ORDINANCE
AMENDING CHAPTERS 1.08 AND 1.09 OF THE AVON MUNICIPAL CODE CONCERNING MUNICIPAL
COURT FINES AND CHAPTER 2.08 CONCERNING COURT ORDERED RESTITUTION”
Thank you, Eric
Attachment A: Ordinance No. 14-03
M EMORANDUM
& PLANNING, LLC
Ord 14-03 Amending Chapters 1.08, 1.09 and 2.08 Ord 14-03 Amending Chapters 1.08, 1.09 and 2.08
February 25, 2014 FINAL
Page 1 of 4
TOWN OF AVON, COLORADO
ORDINANCE NO. 14-03
SERIES OF 2014
AN ORDINANCE AMENDING CHAPTERS 1.08 AND 1.09 OF THE
AVON MUNICIPAL CODE CONCERNING MUNICIPAL COURT FINES
AND CHAPTER 2.08 CONCERNING COURT ORDERED RESTITUTION
WHEREAS, the Colorado legislature enacted House Bill 13-1060 which amended Colorado
Revised Statute Sections 13-10-113 and 31-16-101 to raise the amount of municipal court fines
to $2,650.00;
WHEREAS, the Avon Town Council finds that an increase of the maximum fine amount for
the Avon Municipal Court will improve the deterrence of municipal violations and the discretion
of the Avon Municipal Court to impose just and appropriate fines;
WHEREAS, the Avon Town Council finds that the authorization of the Avon Municipal
Court to impose restitution when deemed appropriate will enhance the fairness, effectiveness and
efficiency of the Avon Municipal Court;
WHEREAS, the Town of Avon has adopted home rule authority and the Avon Town
Council finds that the imposition of restitution is a matter of local concern;
WHEREAS, it is the Avon Town Council finds that amendment to Chapters 1.08, 1.09 and
2.08 of the Avon Municipal Code will promote the health, safety and welfare of the Avon
community;
WHEREAS, the Avon Town Council held a public hearing on February 25, 2014, after
posting notice, in accordance with the Avon Home Rule Charter, and considered all comments
and information presented prior to taking final action on this Ordinance; 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 Municipal Code and 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 the proposed amendment to the Avon Municipal
Code.
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.
ATTACHMENT A
Ord 14-03 Amending Chapters 1.08, 1.09 and 2.08 Ord 14-03 Amending Chapters 1.08, 1.09 and 2.08
February 25, 2014 FINAL
Page 2 of 4
Section 2. Amendment to Avon Municipal Code Section 1.08.10. Section 1.08.010
Designated. of the Avon Municipal Code is repealed in its entirety and reenacted to read as
follows:
1.08.010 Designated.
With the exception of violations of those sections of this Code designated therein
as civil infractions, whenever in any section of this Code or in any section of a
rule or regulation promulgated hereunder, the doing of any act is required,
prohibited or declared to be unlawful, any person who shall be convicted of, or
plead guilty or no contest to, a violation of such section shall be fined in the sum
of not more than two thousand six hundred fifty dollars ($2,650.00) or imprisoned
not to exceed one (1) year, or both such fine and imprisonment. Each day an
offense continues shall constitute a separate offense.
Section 3. Amendment to Avon Municipal Code Section 1.09.030(a). Section 1.09.030(a)
Minimum civil penalties. of the Avon Municipal Code is repealed in its entirety and reenacted
to read as follows:
1.09.030 Minimum civil penalties.
(a) Any person found responsible for a violation of this Code authorized to be
prosecuted as a civil infraction shall pay a civil fine of not more than two
thousand six hundred fifty dollars ($2,650.00) plus costs, damages and expenses,
the amount of the fine and the charging of costs, damages and expenses to be in
the discretion of the Court except as follows:
(1) Any person found guilty, after trial or settlement, of any provisions of this
Code designated as a civil infraction, when the date of the offense is within three
hundred sixty-five (365) days of the date of a prior violation of the Code, shall be
fined not less than three hundred dollars ($300.00), plus any additional penalties
assessed under this Chapter.
(2) Any person found guilty, after trial or settlement, of any provision of this
Code designated as a civil infraction for a third or subsequent time, when the
date of the offense is within three hundred sixty-five (365) days of the date of the
prior violation of this Code, shall be fined not less than six hundred dollars
($600.00), plus any additional penalties assessed under this Chapter.
Section 4. Amendment to Avon Municipal Code Chapter 2.08. Chapter 2.08 of the Avon
Municipal Code is amended by enacting a new section 2.08.120 Restitution to read as follows:
2.08.120 Restitution.
The Municipal Court is granted full power and authority to order restitution in
accordance with Part 6, Article 1.3, Title 18 of the Colorado Revised Statute and
to order a defendant, upon conviction or pleading of no contest, including any
ATTACHMENT A
Ord 14-03 Amending Chapters 1.08, 1.09 and 2.08 Ord 14-03 Amending Chapters 1.08, 1.09 and 2.08
February 25, 2014 FINAL
Page 3 of 4
deferred sentence or deferred prosecution, to make restitution for any damage or
injury arising from any violations of the Code. Any order of restitution may be
increased or decreased upon a showing of good cause. If more than one
defendant owes restitution to the same victim for the same pecuniary loss, the
orders for restitution shall be joint and several obligations of the defendants.
Nothing in this Chapter shall be construed to limit or abrogate the rights and
immunities set forth in the “Colorado governmental immunity act”, article 10 of
title 24, Colorado Revised Statutes.
Section 5. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 6. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after public
notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 8. Safety Clause. The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 9. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
ATTACHMENT A
Ord 14-03 Amending Chapters 1.08, 1.09 and 2.08 Ord 14-03 Amending Chapters 1.08, 1.09 and 2.08
February 25, 2014 FINAL
Page 4 of 4
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 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 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.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for February 11,
2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on February 25, 2014.
____________________________
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:
____________________________ ____________________________
Patty McKenny, Town Clerk Eric J. Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on February 25, 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:
__________________________
Patty McKenny, Town Clerk
ATTACHMENT A
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 11, 2014
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 02-11-2014 Minutes Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5:15 PM. A roll call was taken and Council members present
were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds, and Jake Wolf. Also present
were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager/Town Clerk Patty
McKenny, Senior Planner Matt Pielsticker, as well as members from the public.
2. APPROVAL OF AGENDA
Mayor Carroll noted the following additions to the agenda, 1) Mayor Jack Fawcett remembrance,
2) 2013-14 strategic & work plan, 3) how to schedule the other retreat topics.
3. PUBLIC COMMENT
Barbara Allen spoke about Amendment 64 and requested that Avon Town Council submit a letter that
would show their support in creating Highway 6 as a “safety zone” to not allow retail marijuana
establishments. Mayor Carroll noted that the topic is slated for further discussion in April and the
request would be considered at that time.
4. MOMENT OF REMEMBRANCE FOR JOHN ROGER “JACK FAWCETT, AVON TOWN MAYOR/COUNCILOR 1992-1998 -
COUNCILOR BUZ REYNOLDS
Councilor Reynolds spoke about former Mayor Jack Fawcett’s contribution to Town of Avon.
Michael Caccioppo, resident, also spoke very highly about Mr. Fawcett’s representation as Mayor of
Avon.
5. WORK SESSION
5.1. Review Eagle River Water & Sanitation District’s Wastewater Master Plan
(Diane Johnson, Communications & Public Affairs Manager, & Siri Roman, Wastewater
Manager, ERWSD)
A presentation was made related to the master plan and upcoming funding scenarios for capital
improvements. It was noted that there would be rate increases proposed by the ERWSD and member’s
of the Authority would be reviewing this information as well.
5.2. Direction regarding Town Sponsored Events and Gifts from Event Producers
(Assistant Town Manager Patty McKenny)
It was noted that the WinterWonderGrass event producers would like to provide a guest ticket for each
Council member. After some discussion about reasons to accept the gift or not, there was support for
accepting the guest ticket as a gift. It was noted that there would be an updated disclosure report
presented that would identify this gift.
6. PUBLIC COMMENT
There were no comments.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 11, 2014
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 02-11-2014 Minutes Page 2
7. ACTION ITEMS
7.1. Review of and Direction for Proposed Special Events with Producer Highline for Summer 2014 –
Phase 3 Research (Jeff Brausch, CEO Highline) (Special Events Supervisor Danita Dempsey)
Consideration was given to the proposal provided by Highline. There was Council support to move to
the next phase of research with an estimated expenditure of $2000 per event. Mayor Pro Tem
Goulding moved to approve moving forward with the analysis by Highline for the proposed special
events. Councilor Evans seconded the motion and it passed unanimously.
7.2. Final Action on Second Reading of Ordinance 14-01, Series of 2014, An Ordinance Amending
Section 7.24.040, Table of Allowed Uses and Table 7.24-1, Allowed Uses, Avon Development
Code to List Medical and Dental Offices and Clinics as a Special Review Use in the Public
Facilities Zone District (Planning Manager Matt Pielsticker)
Mayor Pro Tem Goulding & Councilor Evans stepped down at this time due to conflict of interest. The
item was continued from last meeting because there was not a quorum at the last meeting. The
amendment addresses medical and dental uses to public facilities in Avon. Mayor Carroll opened the
public hearing. Michael Caccioppo, resident, spoke about the ordinance. Councilor Fancher moved to
approve Ordinance 14-01, Series of 2014, An Ordinance Amending Section 7.24.040, Table of Allowed
Uses and Table 7.24-1, Allowed Uses, Avon Development Code to List Medical and Dental Offices and
Clinics as a Special Review Use in the Public Facilities Zone District. Councilor Dantas seconded the
motion and it passed unanimously by those present (Mayor Pro Tem Goulding & Councilor Evans
abstained due to conflict of interest).
7.3. Action on Retainer Agreement with Butler Snow for Legal Services (Town Attorney Eric Heil)
It was noted that Dee Wiser was joining this law firm, so in an effort to continue the legal services
arrangement the town would need to engage in this agreement with Butler Snow. Mayor Pro Tem
Goulding moved to approve the retainer agreement with Butler Snow; Councilor Fancher seconded the
motion and it passed unanimously.
7.4. First Reading of Ordinance No. 14-03, Series of 2014, Ordinance Amending Chapters 1.08
and 1.09 of the Avon Municipal Code to Increase Penalties (Town Attorney Eric Heil)
The ordinance was presented that would support an increase in the maximum penalty provision from
$1,000 to $2,650 per violation and enacts language regarding municipal court authority to order
restitution. This was suggested since the Colorado legislature enacted HB 13-1060 to increase the
maximum penalty. Municipal Judge Buck Allen was present to support the ordinance. Mayor Pro Tem
Goulding moved to approve Ordinance No. 14-03, Series of 2014, Ordinance Amending Chapters 1.08
and 1.09 of the Avon Municipal Code to Increase Penalties; Councilor Reynolds seconded the motion
and it passed unanimously.
7.5. Minutes from January 28, 2014 Meeting (Town Clerk Patty McKenny)
Councilor Evans moved to approve January 28, 2014 minutes; Councilor Wolf seconded the motion and
it passed unanimously by those voting (Mayor Carroll & Councilor Reynolds abstained since they were
not present at the meeting).
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 11, 2014
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 02-11-2014 Minutes Page 3
8. RETREAT TOPICS
8.1. Review of the 2013-2014 Strategic Plan and Prioritized Work Plan for 2014
The following items were reviewed and include future review:
Colorado Creative Arts District – immediate deliverable for application approval, scheduled on
agenda for Feb 25
Fire mitigation Plan, apply for NWCCOG funding due by March 15
Unanimous support for Recreation Center Ballot Proposal – schedule community meetings for early
summer, bring ballot question in August
Avon’s Regional Transportation Facility Review - expressed interest in understanding business
operations of the facility
Update on Avon Road improvements and interest in implementing bike lane on Metcalf Road
2015 Championships & Avon Events – present full update (when??)
Partnership with ECO – review need for Avon to develop transit needs assessment for ECO; retreat
date April 23rd
Meet with Eagle County Commissioners; set date & topic would include review of Revenues &
Services
8.2. Topics to be Rescheduled
8.2.1. Communication Protocols – Council to Council; Email & Texts; Council to Staff; Staff to
Council, Council Updates
8.2.2. Discussion of Performance Review Processes and Criteria for Council Appointed
Officials, including the Town Manager, Town Attorney, Town Prosecutor and Municipal
Judge
8.2.3. Budget: Discussion of Preparation of a Two-Year Operational Budget for Fiscal Years
2015 & 2016 (if time allows)
8.2.4. Discussion of Written Minutes – Can these be Action Minutes (if time allows)
It was agreed that March 11 would be the date to include an afternoon retreat prior to the regular
meeting to discuss these topics. .
9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
9.1. Branding Sessions (Councilors Jake Wolf & Mayor Pro Tem Todd Goulding)
It was noted that the sessions have been very productive & successful.
9.2. Colorado Creative District Roundtable (Councilor Jake Wolf)
It was noted that staff is currently working on this application to become a Colorado Creative District
9.3. Public Access TV, Channel 5 Board Meeting Update (Councilor Jake Wolf)
There some staffing & programming updates.
9.4. EGE Air Alliance (Mayor Rich Carroll)
It was noted that theh group continue to try to secure long term funding source for the airlines/airport.
9.5.ECO (Councilor Buz Reynolds)
It was noted that the board met to review the ECO budget.
10. COUNCIL COMMENTS
Some members noted they would not be at the February 25th meeting.
Councilor Dantas asked about the possibility of a review of Avon’s Post Office services.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 11, 2014
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 02-11-2014 Minutes Page 4
Councilor Fancher noted the recent Vail Daily article about health care costs at its highest in Eagle
County.
11. WRITTEN REPORTS
11.1. Conditional Water Rights – Tracking System (Town Attorney Eric Heil)
11.2. Review Town of Avon Water Rights in Relationship to a Call under the State Water Compact
(Town Attorney Eric Heil)
There was support to schedule a work session review of the topic 5.2 with stakeholders, community
members and experts in the spring.
There being no further business to come before the Council, the regular meeting adjourned at 8:35 pm.
RESPECTFULLY SUBMITTED:
_________________________________
Patty McKenny, Town Clerk
APPROVED:
Rich Carroll ________________________________
Dave Dantas ________________________________
Chris Evans ________________________________
Jennie Fancher ________________________________
Todd Goulding ________________________________
Albert “Buz” Reynolds ________________________________
Jake Wolf ________________________________
FISCAL YEAR 2014
FINANCIAL REPORT
February 25, 2014
______________________________________________________________________________________
1. Fiscal Year 2014 Financial Report Cover Memo
2. Sales and Accommodations Tax Reports – December 2013
3. Real Estate Transfer Tax Report and Monthly Detail – January 2014
4. General Fund Year-To-Date Expenditures- January 2014
5. Fleet Maintenance Fund Year-To Date Expenditures- January 2014
6. Transit Fund Year-To Date Expenditures- January 2014
7. DestiMetrics Executive Summary- January 2014
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Kelly Huitt, Budget Analyst
Date: February 18, 2014
Re: Fiscal Year 2013 Financial Report – December 2013/ January 2014
Revenues:
SALES TAX
• Sales tax revenue for the month of December is up $128,529.99 (15.07%) over December 2012, and up 2.74%
compared to the monthly budget. This gain includes approximately $45,500 from new businesses, and after
adjusting for new business growth and anomalies, 10.72% is the actual gain in revenue for the month. Year to
date sales tax collections are up $775,325.14 over 2012 and $105,098.71 over budget. 2013 total sales tax
revenue is the highest on record, with 2008 being the next highest at $5,729,459.81
• December collections report increases from 2012 for all industries except Miscellaneous Retail and Service
Related businesses, which were down ($3,307.04) and ($12,297.38) respectively. Revenue from Grocery,
Specialty, and Health related businesses is up over $40,000 for the month, while sales tax from Other
Businesses is up almost $35,000. The increase from Other Businesses is largely attributed to new business in
this category.
ACCOMMODATIONS TAX
• Accommodations tax revenue for December is up $18,602.41 (16.50%) compared to December 2012, but
down 2.92% compared to the monthly budget. Year-to-date accommodations tax collections are up
$155,469.45 over 2012 and $8,790.77 over budget. 2013 total accommodations tax revenue is the highest on
record, with 2011 being the next highest at $746,026.17.
• December accommodations tax collections are up for all accommodation types. Timeshares are up 15.47%,
Hotels are up 17.95%, and Vacation Rentals are up 11.78% for the month.
REAL ESTATE TRANSFER TAX
• 2014 real estate transfer tax collections for January equal $85,126.74. This is a 277.75% increase over January
2013 and 10.84% over the monthly budget.
Expenditures:
• General Fund expenditures at the end of January are at 14.76% of the budgeted amounts.
• Fleet expenditures to date are at 13.27% of the total budget, and revenues are at 8.19% of the budget.
• Transit funds are 19.49% spent compared to the annual appropriation.
DestiMetrics:
• Avon’s occupancy was at 59.8% for the month of January, which is a 7.8% increase over January 2013.
• February’s anticipated occupancy is 55.8%, a .8% increase over 2013.
• Looking back at the past six months, occupancy was up 2.0% while average daily rate was up 10.0% and
revenue per average room night increased 12.2% over 2012.
• Occupancy for the upcoming six months on the books is 8.1% higher than 2013 at 18.3%.
TOWN OF AVON
SALES TAX WORKSHEET
2013 Actual vs. Budget
Budget YTD Collections Budget % of change
2008 2009 2010 2011 2012 2013 2013 Variance from 2012
January 552,981.33$ 552,648.47$ 515,009.18$ 511,040.76$ 519,784.89$ 582,159$ 677,943.78$ 95,784.74$ 30.43%
February 574,301.20 516,349.68 504,752.59 532,903.25 533,546.48 597,572 636,702.27 39,130.25 19.33%
March 653,095.43 536,913.42 620,937.20 665,532.70 643,910.29 721,179 720,267.31 (912.17) 11.86%
April 349,061.05 319,833.51 309,937.09 305,269.73 304,220.84 340,727 307,407.13 (33,320.19) 1.05%
May 321,213.74 267,960.76 242,830.16 236,424.93 270,082.79 302,493 309,938.72 7,446.01 14.76%
June 427,371.70 396,066.29 377,920.42 406,828.27 430,588.57 482,259 490,329.18 8,070.01 13.87%
July 458,484.39 409,956.20 421,975.98 452,873.44 472,215.40 528,881 537,479.66 8,598.45 13.82%
August 428,296.71 374,965.99 361,702.25 419,977.29 455,439.86 510,093 504,332.25 (5,760.36) 10.74%
September 466,731.86 350,585.25 359,139.22 391,546.49 424,793.75 475,769 475,362.88 (406.09) 11.90%
October 365,209.05 286,412.11 288,859.84 299,193.35 341,711.43 382,717 356,925.96 (25,790.82) 4.45%
November 338,385.19 281,696.02 284,528.70 301,407.41 336,060.63 376,388 362,460.94 (13,926.94) 7.86%
December 794,328.16 786,701.84 818,360.74 921,815.61 852,868.64 955,213 981,398.63 26,185.81 15.07%
Total 5,729,459.81$ 5,080,089.54$ 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 6,255,450$ 6,360,548.71$ 105,098.71$ 13.88%
Actual Collections
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
2009 2010 2011 2012 2013
Year
Sales Tax Collections for December
TOWN OF AVON
SALES TAX WORKSHEET
2013 Actual vs. Budget
$2,400,000
$2,800,000
$3,200,000
$3,600,000
$4,000,000
$4,400,000
$4,800,000
$5,200,000
$5,600,000
$6,000,000
$6,400,000
2009 2010 2011 2012 2013
YTD Sales Tax Collections
$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
$850,000
$900,000
$950,000
$1,000,000 Sales Tax Monthly Comparison 2010-2013
2010
2011
2012
2013
TOWN OF AVON
ACCOMMODATIONS TAX WORKSHEET
2013 Actual vs. Budget
Budget YTD Collections Budget % of change
2008 2009 2010 2011 2012 2013 2013 Variance 2012
January 77,721.98$ 84,919.00$ 87,938.84$ 85,233.73$ 90,118.88$ 108,143$ 108,508.43$ 365.87$ 20.41%
February 83,157.06 83,502.22 99,336.34 114,035.90 106,016.32 127,219 137,503.61 10,284.14 29.70%
March 87,240.86 84,909.85 105,518.15 122,145.16 115,043.42 138,052 153,208.80 15,156.82 33.17%
April 22,161.73 26,821.29 26,496.88 26,214.58 20,786.24 24,943 26,494.49 1,551.02 27.46%
May 16,208.09 19,090.36 12,425.51 15,152.82 16,664.44 19,997 24,527.17 4,529.86 47.18%
June 30,012.07 34,439.33 32,857.68 49,999.66 56,012.17 67,215 66,578.91 (635.63) 18.87%
July 33,302.03 47,864.32 51,170.82 62,928.07 66,726.73 80,072 73,008.92 (7,063.08) 9.41%
August 29,326.28 39,155.19 42,188.56 52,037.55 58,358.93 70,031 67,688.07 (2,342.58) 15.99%
September 21,214.32 21,134.69 30,090.34 35,521.81 42,245.24 50,694 44,661.37 (6,032.87) 5.72%
October 21,856.62 17,043.78 20,614.06 21,801.56 25,879.51 31,055 27,154.53 (3,900.85) 4.93%
November 20,737.61 15,268.58 20,582.47 24,971.33 22,786.42 27,344 28,171.04 827.36 23.63%
December 86,199.66 96,847.30 98,561.90 135,984.00 112,759.02 135,311 131,361.43 (3,949.27) 16.50%
Total 529,138.31$ 570,995.91$ 627,781.55$ 746,026.17$ 733,397.32$ 880,076$ 888,866.77$ 8,790.77$ 21.20%
Actual Collections
-
10,000.00
20,000.00
30,000.00
40,000.00
50,000.00
60,000.00
70,000.00
80,000.00
90,000.00
100,000.00
110,000.00
120,000.00
130,000.00
140,000.00
2009 2010 2011 2012 2013
Accommodations Tax Collections for December
TOWN OF AVON
REAL ESTATE TRANSFER TAX WORKSHEET
2014 Actual vs. Budget
YTD Collections $ change % of change
2009 2010 2011 2012 2013 2014 2013 2013
January 34,468.00$ 237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 62,591.74$ 277.75%
February 95,703.38 362,719.22 230,705.50 41,750.07 55,872.69
March 6,023.70 284,243.65 187,099.47 84,760.49 125,927.64
April 92,238.95 210,185.30 249,482.30 219,195.80 144,437.80
May 37,803.12 112,431.30 187,668.62 270,170.12 121,784.12
June 365,324.28 66,271.14 49,606.58 169,040.47 90,309.74
July 208,800.24 63,509.36 46,707.37 71,057.40 386,434.78
August 87,827.30 88,823.40 106,785.21 232,505.93 97,579.70
September 159,877.84 159,861.96 140,876.56 96,389.34 157,010.67
October 205,537.52 222,575.20 64,005.33 176,889.62 169,839.80
November 131,944.57 115,654.16 98,057.44 150,549.86 112,491.82
December 336,431.50 236,117.45 198,448.03 145,134.57 83,382.60
Total 1,761,980.40$ 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 85,126.74$ 62,591.74$ 277.75%
Budget 1,600,000$
Variance, Favorable (Unfavorable)(1,514,873.26)
Actual Collections
$-
$25,000.00
$50,000.00
$75,000.00
$100,000.00
$125,000.00
$150,000.00
$175,000.00
$200,000.00
$225,000.00
$250,000.00
2010 2011 2012 2013 2014
YTD Real Estate Transfer Tax Collections
TOWN OF AVON
REAL ESTATE TRANSFER TAX WORKSHEET
2014 Actual vs. Budget
Purchaser Name Property Amount Received
Balance Forward -$
Land Title/Myer Falcon Pointe #110, wk 51 30.00
Land Title/Myer Falcon Pointe #106, wk 52 57.00
Land Title/ Honore Canyon Run #E-103 11,700.00
Title Co of the Rockies Lakeside Terrace #14-04 676.00
Stewart Title/ Nelson 2510 Old Trail Rd 22,320.00
Land Title/ Spencer Sunridge II #M-203 4,060.00
Title Co of the Rockies Christie Lodge - CL #13 1,432.90
Title Co of the Rockies Christie Lodge - CL #14 2,585.00
Chicago Title Mtn Vista #14-02 30.78
Land Title/ Null Falcon Pointe #301, wk 37 60.00
Land Title/ Hays Falcon Pointe #210, wk 35 60.00
Land Title/ Laprade 28 Chiming Bells, Mountain Star, Lot 16 18,900.00
Title Co of the Rockies Christie Lodge - CL #12 1,900.00
Title Co of the Rockies Christie Lodge - CL #11 684.00
Stewart Title/ Beaver Creek Landing 871 W BC Blvd #A-15, Benchmark 3,238.00
Title Co of the Rockies/ Carlen Riverfront #720 6,340.00
Land Title/ Otis 350 W BC #101, Avon Villas 2,300.00
Land Title/ Watts 180 Nottingham Rd, La Vie Bonne #F 8,000.06
Title Co of the Rockies Christie Lodge - CL #13-09A 753.00
Total January Revenue 85,126.74
Total YTD Revenue 85,126.74
Total 2014 Budget 1,600,000.00
Variance, Favorable (Unfavorable)(1,514,873.26)$
Dept./Div.2014 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
Legislative:
111 Mayor and Town Council 430,975$ 7,000$ 85,054$ 338,921$ 21.36%
112 Boards and Commissions 15,307 - 564 14,743 3.68%
113 Town Attorney 155,000 2,700 - 152,300 1.74%
115 Town Clerk 176,293 16,849 14,079 145,365 17.54%
Total Legislative 777,575 26,549 99,697 651,329 16.24%
Judicial:
121 Municipal Court 106,996 18,000 6,896 82,100 23.27%
Executive:
131 Town Manager 221,401 - 16,041 205,360 7.25%
132 Human Resources 243,728 6,700 20,643 216,385 11.22%
133 Community Relations 135,346 149 15,819 119,378 11.80%
Total Executive 600,475 6,849 52,503 541,123 9.88%
Finance Department:
141 Finance 772,300 40,258 55,168 676,874 12.36%
143 Information Systems 340,306 13,920 46,937 279,449 17.88%
149 Nondepartmental 263,522 127,267 27,566 108,689 58.76%
Total Financial Administration 1,376,128 181,445 129,671 1,065,012 22.61%
Total General Government 2,861,174 232,843 288,767 2,339,564 18.23%
Community Development:
212 Planning 258,319 12,342 22,873 223,104 13.63%
213 Building Inspection 129,398 - 11,325 118,073 8.75%
214 Economic Development 112,476 1,425 120 110,931 1.37%
Total Community Development 500,193 13,767 34,318 452,108 9.61%
Police Department:
311 Administration 533,151 23,167 42,535 467,449 12.32%
312 Patrol 1,964,998 48,701 200,702 1,715,595 12.69%
313 Investigations 217,859 - 20,881 196,978 9.58%
Total Police 2,716,008 71,868 264,118 2,380,022 12.37%
Public Works:
412 Engineering 269,478 1,014 18,099 250,365 7.09%
413 Roads and Streets 1,434,574 50,917 158,980 1,224,677 14.63%
Total Public Works 1,704,052 51,931 177,079 1,475,042 13.44%
Department Expenditure Summaries
General Fund #10 January 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 January 2014 Expenditures to Date
Parks and Recreation:
513 Special Events 260,665 536 15,911 244,218 6.31%
514 Administration 319,848 20,601 24,845 274,402 14.21%
515 Adult Programs 32,785 42 2,265 30,478 7.04%
516 Aquatics 424,757 12,900 66,429 345,428 18.68%
517 Childcare 38,685 - 2,445 36,240 6.32%
518 Fitness 152,715 - 72,157 80,558 47.25%
519 Guest Services 249,355 4,347 16,493 228,515 8.36%
521 Youth Programs 127,186 244 6,372 120,570 5.20%
522 Cabin 43,647 - 4,097 39,550 9.39%
551 Parks & Grounds 1,041,229 8,950 119,891 912,388 12.37%
571 Buildings & Facilities 987,130 54,543 123,773 808,814 18.06%
Total Parks and Recreation 3,678,002 102,163 454,678 3,121,161 15.14%
TOTAL OPERATING
EXPENDITURES 11,459,429$ 472,572$ 1,218,960$ 9,767,897 14.76%
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$ 92,984$ 112,188$ 1,340,970$ 13.27%
Total Operating Expenditures 1,546,142 92,984 112,188 1,340,970 13.27%
TOTAL EXPENDITURES 1,546,142$ 92,984$ 112,188$ 1,340,970$ 13.27%
Expenditure Summary
Fleet Maintenance Enterprise Fund #61 January 2014 Expenditures to Date
Dept./Div.2014 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 205,485$ 15,626$ 9,243$ 180,616$ 12.10%
432 Transit Operations 1,286,737 181,068 92,302 1,013,367 21.25%
435 Wash Bay 205,670 - 32,653 173,017 15.88%
Total Operating Expenditures 1,697,892 196,694 134,198 1,367,000 19.49%
TOTAL EXPENDITURES 1,697,892$ 196,694$ 134,198$ 1,367,000$ 19.49%
Expenditure Summary
Transit Enterprise Fund #52 January 2014 Expenditures to Date
Destination: Avon Destination Period: Bookings as of January 31, 2014
Data based on a sample of up to 10 properties in the Avon Destination destination, representing up to 748 Units ('DestiMetrics Census'*)
a. Last Month Performance: Current YTD vs. Previous YTD 2013/142012/13
Year over Year
% Diff
59.8%55.4%7.8%
$226$204 10.9%
$135$113 19.6%
b. Next Month Performance: Current YTD vs. Previous YTD
56.2%55.8%0.8%
$228$206 10.8%
$128$115 11.6%
c. Historical 6 Month Actual Performance: Current YTD vs. Previous YTD
40.2%39.4%2.0%
$188$171 10.0%
$76$67 12.2%
d. Future 6 Month On The Books Performance: Current YTD vs. Previous YTD
18.3%16.9%8.1%
$216$198 8.9%
$39$33 17.7%
e. Incremental Pacing - % Change in Rooms Booked last Calendar Month: Jan. 31, 2014 vs. Previous Year
8.6%7.2%20.3%
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 (17.7%)RevPAR
Rooms Booked during last month (January, 2014) compared to Rooms Booked during the same
period last year (January, 2013) for arrival January to June has changed by (20.3%)Booking Pace (January)
ADR (January)
Avon Destination Occupancy for the upcoming 6 months changed by (8.1%)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 (10.0%)ADR
Avon Destination RevPAR for the prior 6 months changed by (12.2%)RevPAR
Avon Destination Average Daily Rate for the upcoming 6 months changed by (8.9%)
Avon Destination Occupancy for next month (February) changed by (0.8%)Occupancy (February)
Avon Destination Average Daily Rate for next month (February) changed by (10.8%)ADR (February)
Avon Destination RevPAR for next month (February) changed by (11.6%)RevPAR (February)
Avon Destination Occupancy for the prior 6 months changed by (2.0%)Occupancy
Avon Destination RevPAR for last month (January) changed by (19.6%)RevPAR (January)
RESERVATIONS ACTIVITY REPORT
Avon Destination
Executive Summary
Avon Destination Occupancy for last month (January) changed by (7.8%)Occupancy (January)
Avon Destination Average Daily Rate for last month (January) changed by (10.9%)
2/6/2014
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
TOWN COUNCIL REPORT
To: Mayor and Town Council
From: Patty McKenny, Assistant Town Manager
Date: February 19, 2014
Agenda Topic: Town Code Requirement for Gift Reporting and Disclosure Report
Please find attached the Town Clerk Gift Reporting Disclosure Report for February 2014 which lists the
WinterWonderGrass Festival ticket package for the upcoming event. Town Council is not required to
take any action; however, any Town Council member may request Council consideration of a report
gift to determine whether such gift constitutes a conflict of interest.
The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts”
includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of
$50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall
report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the
Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of
the Town Code of Ethics.
Town of Avon
Town Clerk Disclosure Report
In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30
Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule
Charter provision, ordinance or resolution adopted by the Town of Avon, I, Patty McKenny, Town
Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of
the Town of Avon:
1. 2014 WinterWonderGrass Music and Brew Festival Passes for use by one guest of the Mayor and
each Councilor during the three-day event on February 21, 22 & 23, 2014, with each pass valued at
$299.00. The Mayor and each Councilor also have received a three-day pass as a condition of the
Festival Agreement so they are able to observe the event to help in any future determination as to
whether WinterWonderGrass should again be permitted to occur in the Town of Avon in a
subsequent year.
Submitted to Avon Town Council on February 19, 2014.
_________________________________
Patty McKenny, Town Clerk
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: Village (at Avon) Settlement Update
DATE: February 21, 2014
SUMMARY: This memorandum provides an update on the Village (at Avon) Settlement.
WATER STORAGE TANK AGREEMENT: A draft of the Pledge Agreement had been provided to the
Town for review. The Pledge Agreement concerns the pledge of funds from Traer Creek Metropolitan
District for repayment of the construction financing for the water storage tank. This is the last significant
document to review beside review of the bond documents. I am currently reviewing the Pledge Agreement
with Dee Wisor.
BOND DOCUMENTS: A draft of bond documents for the TCMD Reissue Bonds has not been completed
or circulated for review. At this time it appears that the bond closing would be scheduled no sooner than
late April/May 1.
EXTENDED OUTSIDE DATE: Council approved an extension of the Outside Date to April 11, 2014;
therefore, it likely that Council will need to consider further extending the Outside Date in late March or at
its first meeting April.
COURT STATUS CONFERENCE: The next Telephone Status Conference with the Court is set for April
11, 2014 at 10:00 a.m. The case has been assigned to Judge Russell H. Granger.
REQUESTED ACTION: No action is requested at this time.
Thank you, Eric
M EMORANDUM
& PLANNING, LLC