TC Packet 08-09-2022_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, August 9, 2022
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in‐person at Avon Town Hall or virtually through Zoom
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL 5:00
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may request
an additional one (1) minute, which may be approved by a majority of Council.
5. BUSINESS ITEMS
5.1. Eagle Valley Community Foundation Presentation (Melina Valsecia and Dan Godec, Executive
Director and Chairman of the Board of Directors) (15 Minutes) 5:15
5.2. Eagle Valley Trail Completion Update (Kevin Sharkey Eagle County Trails Manager and Robin
Thompson, ECO Trails Committee member) (15 Minutes) 5:30
5.3. First Reading: Ordinance 22-09 Short Term Rental Code Text Amendments (Planner 1+ Max
Morgan) (15 Minutes) 5:45
5.4. First Reading Ordinance 22-10 Council Compensation (Town Manager Eric Heil) (15 Minutes)
6:00
5.5. Public Hearing - Second Reading: Ordinance 22-11 Recall Regulations (Town Attorney Karl
Hanlon) (10 Minutes) 6:15
5.6. Notice of Award – West Beaver Creek Boulevard Asphalt Overlay Project (Town Engineer Justin
Hildreth) (5 Minutes) 6:25
5.7. Peer Community Comparison of Revenues, Budgets and Services ans Assessments of Real
Estate Cost of Ownership (Town Manager Eric Heil) (30 Minutes) 6:30
5.8. Work Session: Parking Management Program (Public Works Director Eva Wilson) (30 Minutes)
7:00
5.9. Work Session: Green House Gas Matrix (Planner 1+ Max Morgan) (30 Minutes) 7:30
5.10. Approval IGA Eagle County for Municipal Elections (Deputy Town Manager Patty McKenny) (5
Minutes) 8:00
6. MINUTES
6.1. Approval of July 26, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres)
(5 Minutes) 8:05
7. WRITTEN REPORTS
7.1. Draft July 19 Health & Rec Committee Meeting Minutes (General Government Intern Emily
Myler)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:10
9. ADJOURN 8:25
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the
public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide
written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any
action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per
individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council
Simplified Rules of Order, Adopted by Resolution No. 17-05.
Eagle Valley
Community
Foundation
Melina Valsecia-Monreal
Executive Director
Dan Godec
Chairman of the Board
of Directors
Eagle Valley Community Foundation
OUR VISION
A community network that works together to build trust, hope, and wellness for all.
OUR MISSION
EVCF provides access to programs and resources that support wellness, healthier
food, and other essential needs in our community while embracing individual
dignity and a commitment to sustainability and quality.
Organizational Values
Boldness:We aspire to be courageous about issues of equity and inclusion.
We challenge ourselves to continually expand our organizational impact.
Dignity:We believe that a just society can become a reality when it is based
on the inherent value that’s tied solely to each person’s humanity.
Integrity:We carry out our work with responsibility, transparency and
accountability.
Innovation:We embrace continuous improvement, bold creativity and
openness to transformational change.
Collaboration:We believe in the value of working with others and achieving
together what may not be possible alone.
Pillars of
EVCF
Healthy Food
Access and
Sustainability
The Community Market is local healthy and sustainable
food system that includes a combination Food Bank,
multiple local mobile markets, and a comprehensive
grocery rescue effort. The Community Market partners
with existing hunger projects such as the Vail Valley
Salvation Army Food Pantry and congregate meals
through local churches and other service providers.
Health and
Wellness
MIRA (Mobile Intercultural Resource Alliance) is an RV that
travels to our local communities focused on reducing barriers
to health for our most under-served community members.
The resources and services on MIRA are provided through
strong partnerships with Vail Health, Eagle County Public
Health and local service providers.
Community
Capacity
Building
Nonprofit Leadership
Fiscal Sponsorship
Elevar Leadership & Impact Fund
Project NEXT
https://online.fliphtml5.com/laqt
k/olmc/?blm_aid=22697#p=1
Our Big Programs
➔T
In Eagle County:
o 8,700 residents struggle to put food on the table.
o 30 percent of material sent to the landfill is food
waste.
•The Community Market is turning excess into access.
•Working with local businesses to implement food
rescue programs, The Community Market is reducing
the amount of edible food sent to the landfill, by
providing it to people who want to be part of the
solution.
•The Community Market is committed to providing a
dignified customer experience, promoting a healthy
diet, and ultimately, helping to improve the overall
health of community residents. The program is aimed
at removing any stigma around food access and food
security.
•We currently serve over 2,800 customers per week.
•59% of the food distributed is fresh produce and
576,000 pounds of food was prevented from going to
waste through our food rescue efforts.
The goal of MIRA is to bring resources and services
TO people.
•MIRA aims to serve as a single-stop,
comprehensive, integrated and culturally relevant
approach to resource connection and service
delivery where people are.
•MIRA travels to neighborhoods, community sites
and workplaces throughout Eagle County.
•Resources and services available on MIRA
change based on community needs and priorities.
•Examples of available resources include basic
health education and screenings, support in
applying to public assistance programs, food
resources, workforce development, and
coordination with early childhood and physical
activity programming, just to name a few.
•The resources and services are provided by a
wide variety of local community organizations.
•MIRA is funded through a partnership with Vail
Health and Eagle County Public Health.
The Community Market
Eagle County Report
The Community Market
Mobile Intercultural Resource Alliance
GOAL:Implement a mobile community resource center to improve systems of
service delivery and increase accessibility of community resources. The mobile
community resource center will enable government and community services,
resources, and programming to go directly into neighborhoods, schools,
community places and other gathering/event locations with culturally relevant
branding, recognized and trusted leadership, and consistent data collection.
INITIAL KEY ORGANIZATIONS:
Eagle County: Public Health and Environment, Human Services, ECO Transit , IT, Innovation, GIS
Eagle Valley Community Foundation
Vail Health
Mobile Intercultural Resource Alliance
Barriers to Access
●Fear of government organizations
●Isolation and long distances
●Lack of cultural competence displayed by public serving
organizations
●Lack of authentic community engagement
Eagle County Report
Mobile Intercultural Resource Alliance
Contact Information:
melina@eaglevalleycf.org
Executive Director
Thank you!
Any questions?
MEMORANDUM
To:Avon Town Council
From:Kevin Sharkey
Date:August 3, 2022
Re:Eagle Valley Trail
The Eagle Valley Trail is a paved, non-motorized multi-use transportation project that will
connect the iconic Vail Pass and Glenwood Canyon trails. While those two trails were built in the
1970s, work started on connecting the communities in 1996. After 25 years, we are just 12 miles
away from completion. Once completed, you will be able to ride your bike over 140 miles from
Breckenridge to Aspen without ever having to get on a highway.
Our goal is to complete the last 12 miles by 2024. Due to the mountain terrain, the last 12 miles
are difficult and expensive: $38.2 million dollars. The last 12 miles are comprised of the
following missing trail segments:
●Dotsero: 1.7 miles, approximately $2.6 million
●Horn Ranch to Edwards: 7.5 miles, approximately $26.2 million
●Eagle Vail and Dowd Junction: 1.5 miles, approximately $7.9 million
●Minturn Connection: 1.3 miles, approximately $1.5 million
Funding for this project starts with Eagle County. In 2021, Eagle County issued Certificates of
Participation using the main County campus buildings as collateral. As a result, Eagle County
raised $22 million dollars toward completing the Eagle Valley Trail. In 2022, we launched a
fundraising campaign after a feasibility study that showed the potential to raise up to $3 million
dollars from individual donors and granting foundations. We are projecting that the remaining
$13.2 million will come from small contributions from local government agencies, larger grants
from private foundations, and state and federal programs.
Here is how Avon can help:
●Sign a letter of support that we can use for various grant applications
●Help spread the word. This is a project that benefits so many people in so many ways. We
need help from everyone. Please help promote this in your community. Help us make
connections.
Please see our attached Fact Sheet and visit our website:eaglevalleytrail.org
ECO Trails: the communities of Gypsum, Eagle, Avon, Vail, Minturn, Red Cliff
and Eagle County working together to create a regional trail system
ECO Transit & Trails, 3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 tel:970/328-3523
LET’S CROSS THE FINISH LINE TOGETHER
Once the fi nal 12 miles of trail are completed, the 63-mile paved
Eagle Valley Trail will connect the communities of Eagle County
with neighboring counties. You will be able to travel from Summit
County over Vail Pass to Glenwood Springs and on to Aspen
without ever having to get on a highway!
Currently, the only missing sections
of the Trail are in Eagle County.
It provides a safe way to commute,
recreate and get outside. However,
with the remaining sections
incomplete, safety becomes an
issue when trail traffi c is directed
to the road.
According to the 2016 Economic
and Health Benefi ts of Walking
and Bicycling in Colorado report
prepared for the Colorado Offi ce
of Economic Development and
International Trade, bicycling access
in Colorado as a whole needs
improvement, including low marks
from residents on the ability to ride
a bicycle without fear of being hit
and the availability of bike lanes.
In addition to keeping our community
safe, the trail offers a sustainable
(and scenic) way to commute
throughout Eagle County.
Connecting our Community
Finish the Eagle Valley Trail
John-Ryan Lockman
John-Ryan is a stakeholder in the Climate
Action Collaborative, which has a goal of
getting more people out of their cars for
their daily commutes. In 2019, John-Ryan
was hit by a car in EagleVail when he was
forced to move to the road due to an
incomplete section of the Eagle Valley Trail.
John-Ryan recovered from his injuries and
that section of the trail is now complete.
With the completed portions of the trail,
I feel safe riding this section again. My
girlfriend and I enjoy riding to Vail and
attending concerts. By completing the
entire trail, it will give us even more options
to ride up and down valley without ever
having to get in our car. We will be protected
from the danger of car accidents.”
Beverly Rasmussen
Beverly Rasmussen is a strategic lead
and special education teacher at Edwards
Elementary School. She was an important
advocate getting the section of the Eagle
Valley Trail completed from the Eagle River
Village mobile home park to Edwards
Elementary School.
I’m proud that we were able to complete a
portion of the trail so students coming from
Eagle River Village can make it to school
safely. There’s still a signifi cant need to
complete the section of the trail from Lake
Creek Village and throughout Edwards to
ensure every student has access to a safe
route to school.”
Picture this: It’s a beautiful Colorado morning on the
Eagle Valley Trail. While you’re taking in the scenery,
the trail ends abruptly and you’re funneled to the
narrow shoulder of Highway 6. This isn’t ideal
for anyone, but it’s about to get a lot better.
All we need is a little help from you.
EAGL E V
A
L
L
E
Y
TRA I L
CONNECTINGOUR COMMUNITY
FINISH THE EAGLE VALLEY TRAIL
CONNECTINGOUR COMMUNITY
With your help we can have it completed by 2024.
With a cost of $38.2 million,
the four sections needed to fi nish the trail are:
MINTURNCONNECTION4 1.3 miles $1.5 million
HORN RANCHto EDWARDS2 7.5 miles $26.2 million
EAGLE VAILto DOWD JUNCTION3 1.5 miles $7.9 million
DOTSERO toGYPSUM DUCK PONDS1 1.7 miles $2.6 million
The Eagle Valley Trail
By the Numbers
Contact Robin Thompson for more information.
info@eaglevalleytrail.org | 541.810.1109
Trail construction costs and fundraising totals are approximate and subject to change.
Donate here
EagleValleyTrail.org
The Eagle County Commissioners
have secured funds to cover $22 million.
Eagle County plans to seek grants and
other support to fund approximately $13.2 million.
Now, it is our responsibility as a
community to raise the additional $3 million.
EAGL E V
A
L
L
E
Y
TRA I L
CONNECTINGOUR COMMUNITY
FINISH THE EAGLE VALLEY TRAIL
CONNECTINGOUR COMMUNITY
What is the EVT?
From the top of Vail Pass to Glenwood
Canyon, the Eagle Valley Trail (EVT) is a
paved recreation path that will traverse
Eagle County for a total of 62.7 miles
when the final 12 miles are completed.
Remaining sections to be constructed
Dotsero to
Duck Pond Open Space
1.7 miles
Horn Ranch to Edwards
7.5 miles
EagleVail to Dowd Junction
1.5 miles
Minturn Connection
1.3 miles
Estimated Costs and Timeline
Dotsero to Duck Pond
Open Space
1.7 miles
Approx. $2.6 million
Summer 2022 2023
EagleVail
to Dowd Junction
1.5 miles
Approx. $7.9 million
Minturn
Connection
1.3 miles
Approx. $1.5 million
Horn Ranch
to Edwards
7.5 miles
Approx. $26 million
20242023
Our purpose
Connect Our Community
Address Climate Change
Equity and Inclusivity
Economic Impact
Quality of Place
Sustainable Tourism
Fundraising Targets
$22 million from Eagle County / Certificates of Participation
$13 million from grants and other sources
$3 million from local support, private donations, funding foundations
Trail Construction
happening this summer
•Duck Pond Open Space to Dotsero
•EagleVail Section
•Design and estimating for Edwards to Horn Ranch
•Trail signage and trail markers
Trail Construction
happening this summer
Trail Signage and Trail Markers
How Can You Help?
•Letters of support for grant applications
•Allow ECO Trails to install trail markers and other trail
signage on your municipality’s section(s) of trail
•Send EVT newsletter to your database
To donate
For more information
on the EVT
www.EagleValleyTrail.org
970.748.4030 jskinner@avon.org | mmorgan@avon.org
TO:
FROM:
RE:
DATE:
Honorable Mayor Smith Hymes and Council members
Jena Skinner, AICP, Senior Planner, Max Morgan, Planner 1+,
First Reading: Ordinance 22-09
Code Text Amendments for Short Term Rental License Regulations
August 3, 2022
SUMMARY: This report presents the Town of Avon’s application to amend the Avon Development Code
and related business licensing requirements for Short Term Rentals to establish a cap on short-term rental
licenses for properties within the Short Term Rental Overlay (“STRO”) zone district, and outside the Town
Core. Planning & Zoning Commission (“PZC”) reviewed the application at public hearings on July 5, 2022
and July 19, 2022. As a result of this hearings, PZC made a recommendation to Town Council to approve
the proposed modifications to the STR program.
At the July 26th Town Council meeting, no significant modifications were found necessary to the materials
as proposed by Staff. . The minor changes included an update to the Town Core map, a change from a
minimum three (3) STR (full) licenses to one (1), and a slight text clarification to Ordinance 22-08 Exhibit
language. All changes have been made, and all documents have been amended accordingly.
A member of the public did reach out to Staff post July 26th meeting and raised a valid concern about the
proposed program, which should be noted to Council at this time. Their concern related to duplexes and
the minimum STR license being potentially problematic and, also potentially, inequitable. Their concern
relates to the nature of duplex ownership and that typically, both units are often treated as one structure
with shared permissions. For instance, one unit owner must have person from the other owner to replace
the roof. The citizen shared that it should be required that an owner also needs to give permission for an
STR use, as it is directly impactful to the non-STR neighboring property. The Town of Vail requires the
following with an STR license for a duplex owner: If the property is part of a duplex unit, you are required to
provide a copy of the short-term rental application and a notice of intent to rent your unit to the adjoining
property owner. A copy of the notice and proof of mailing will be required during the STR application
process. Should Council agree, Staff suggests this requirement could be incorporated into the
administrative process.
Ordinance 22-09 (“Attachment A”) includes code text amendments to Title 5 Business Taxes, Licenses,
and Regulations, as well as to Title 7, Development Code, which includes cross references related to Short
Term Rental (“STR”) and the licensing regulations. This report comes to Town Council with a favorable
recommendation from PZC and includes analysis of the applicable review criteria for this application.
BACKGROUND: The April 26, 2022 Town Council meeting included a work session on Short Term Rental
regulations in the Town of Avon. As part of the work session, Staff introduced two potential ordinances:
Ordinance 22-08, which affects STR fee structures and licensing, and Ordinance 22-09, which affects the
Town Core Map and related Code Text Amendments.
At the June 14th hearing, Council requested that Staff prepare an application for Development Code text
amendments to implement limitations on STRs, and proceed to PZC for a public hearing and
recommendation. At the July 5, 2022 PZC meeting, Commissioners took action to continue to the
discussion on STRs. At the July 19, 2022 PZC meeting, the PZC took action to provide a favorable
recommendation to Council, which provided the following direction:
Page 2 of 5
PZC OUTCOME: The PZC supported limiting Short Term Rental licenses for properties outside the Town
Core and still within the STRO zone district, to be capped at 15% of the total number of residences on each
property. Any existing STR Licenses on the effective date of these Code Amendments would be
grandfather and permitted to continue even if the total number of STR licenses was more than 15%, as
discussed below. In addition, there would be no limit on Resident Occupied Short Term Rentals (“STR-
RO”) or Limited Short Term Rentals (“STR-L”) which allow up to 42 days per calendar year of short term
rentals. See also discussion below.
TOWN CORE MAP: The STR program and licensing will correlate with an amended Town Core map. The
reference to the Town Core map provides an efficient and intuitive boundary area for unlimited STR
licenses and areas that would be subject to a cap on STR licenses. The existing Town Core area already
includes the mixed-use commercial and lodging core of Town. The proposed additions to the Town Core
include additional properties which are either timeshares, front-desk properties, or luxury residential
developments.
The proposed boundary for the amended Town Core to establish a defined area for unlimited and limited
STR licenses has been evaluated and approved by the Town Attorney. The establishment of boundaries
for zone districts and other regulations is generally considered to be a legislative matter where the Town
has broad discretion to establish boundaries where regulations differ. The PZC also supported the
modifications to the Town Core Map as presented. Further clarifications were made to the map as
requested by Town Council on July 26th, and those updated maps are attached as (“Exhibit B”).
PROCESS: The process for Code Text Amendments is set forth in AMC 7.16.040. PZC is required to
conduct a public hearing before providing a recommendation to Council. PZC then makes a
recommendation and issues written findings. Council had requested PZC to provide recommendation by
the July 19, 2022 PZC meeting so that Council can consider adoption of any ordinance on first reading at
the July 26, 2022 Council meeting. PZC found that the presented materials provided satisfactory
information for support and that all modifications satisfied the required findings for a Code Text
Amendment. Their recommendation for Council is attached (“Attachment B”).to this report.
CODE TEXT AMENDMENT CRITERIA – AMC SECTION 7.16.040
The review criteria for Code Text Amendments are governed by AMC §7.16.040, Code Text
Amendments. The Town Council shall use the following review criteria as the basis for the decision on
these Code Text Amendments. Staff responses to each review criteria are provided.
(1) The text amendment promotes the health, safety and general welfare of the
Avon community;
Staff Response: Staff has documented an increase in the number of STR licenses for properties
outside the Town Core, particularly for properties which have historically had a very low number of
STR licenses. The preservation of residential housing stock for long-term residential use is an
important aspect of meeting Community Housing demands and achieving a functional balance of
housing uses to commercial and visitor uses. Maintaining existing residential housing stock for long-
term residential use will promote a sustainable community and improves the general welfare of
Avon.
Page 3 of 5
The text amendment also promotes the health, safety, and general welfare of the Avon community by
limiting the number of typical STR licenses (STR-F) through a 15% cap on each property outside the
updated Town Core while allowing an unlimited number of resident occupied STR licenses (STR-
RO), as well as licenses that permit STR owners to short term rent their units for a maximum of 42-
days or six (6) weeks in the year (STR-L) in this same area. Importantly, these modifications to the
STR programs implement mandatory health and safety standards such as smoke detectors,
informational signage, fire extinguishers, and other operational and maintenance controls. Ensuring
protections with respect to finding balance in housing stock, life safety requirements, and in
preserving the character of neighborhoods results in an improved general wellbeing of the
community.
(2) The text amendment promotes or implements the goals and policies of the
Avon Comprehensive Plan;
Staff Response: This amendment is consistent with the provisions of the Comprehensive Plan;
moreover, directly reflects to the recommendations of the 2021 Avon Community Housing Plan.
The amendments provide controls to increase the compatibility of STR uses for the community while
also helping to provide options for STR licensing, targeting the intention to prolong full-time
occupancy in units. STR license numbers are increasing in historically full-time residential housing
areas outside the Town Core, and in 2021-2022, we see a commensurate reduction of residences
available for long-term residential use. This trend will most likely continue without adding
limitations like licensing caps and the introduction of new license types in general.
As mentioned, the proposed changes to the STR program correlate to the 2021 Avon Community
Housing Plan. In particular, within the “Tools & Strategies” section of this plan entitled, “Short Term
Rentals” (pg. 9), which recommended priorities for revisions to the STRs that include the following:
• Consideration of a second tier Short Term Rental Overlay that requires
owner occupancy of the residence while allowing Short Term Rental of a
portion of the residence to defray housing costs. (or in this case, we propose
using Town Core provisions)
• Consideration of minimum standards for operation and maintenance of Short Term Rental units.
• Review of Short Term Rental regulations adopted by other mountain resort communities, including a cap on licenses
The proposed amendment embraces these priorities effectively and directly implements the goals and
policies of the Avon Comprehensive Plan and the 2021 Avon Community Housing Plan.
(3) The text amendment promotes or implements the purposes stated in this
Development Code; or
Staff Response: Section 7.04.030(n) of the Avon Development Code (“AMC”) directs:
• [By] achieving a diverse range of attainable housing which meets the
housing needs created by jobs in the Town, it provides a range of housing
Page 4 of 5
types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community, which is
balanced with the visitor economy.
To further this objective, these text amendments promote or implement the purposes also stated in
the AMC with the establishment of new licensing minimums for STRS. This is supported by the
provision recommending, “…minimum requirements for design and development within the Town. The development and design standards in this Chapter shall apply to the physical
layout and design of all development, unless exempted by this Development Code”. Further,
“These provisions address the physical relationship between development and adjacent
properties, public streets, neighborhoods and the natural environment in order to implement
the Comprehensive Plan vision [and Housing plan] for a more attractive, efficient and livable community”. In adding additional STR controls to the AMC, this is achieved.
Limiting the conversion of residential property from long term residential use to short term
residential use will contribute to the range of housing types and will promote a balance of rental
housing needed for an increase in jobs associated with the visitor economy. These text
amendments reflect the directives in the Avon Municipal Code as presented, and only enhance the
Avon community with its implementation.
(4) The text amendment is necessary or desirable to respond to changed conditions,
new planning concepts or other social or economic conditions.
Staff Response: The text amendments are in direct response to the recent and more rapid increase
in STR licenses that convert residential properties available for long term residential use to short
term residential use.
More succinctly, the recent and rapid conversion increase is upwards of 74% outside of the Town Core
within the last three (3) years. These text amendments will help to mitigate this change in social and
economic conditions associated with an inadequate supply of housing and the local workforce for local
employers by modifying this impressive impact through use of caps on licensing outside of Town Core
and by not limiting STR licensing within the Town Core, where more lodging and commercial uses are
characteristically, predictably, and historically, found.
CONFORMANCE WITH GENERAL REVIEW CRITERIA - SECTION 7.16.010(F)(1)
Section 7.16.010(f)(1) provides general review criteria that is applicable to all development applications.
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority
to administratively approve a development application. The reviewing authority shall be the
PZC and/or Town Council for all development applications which are subject to public
hearing. The reviewing authority shall review development applications for compliance with
all relevant standards and criteria as set forth in the specific procedures for the particular
application in this Development Code, as well as the following general criteria which shall
apply to all development applications:
(i) The development application is complete;
Page 5 of 5
(ii)The development application provides sufficient information to allow the reviewing
authority to determine that the development application complies with the relevant review
criteria;
(iii)The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv)The demand for public services or infrastructure exceeding current capacity is mitigated
by the development application.
Staff Response: This code text amendment application is complete. Staff believes sufficient
information exists to allow both Council and PZC to review this application with the review criteria.
Further, this code text amendment application complies with the Avon Comprehensive Plan and,
specifically, the 2021 Avon Community Housing Plan. This code text amendment application will
not impact demands for public services or infrastructure because it will not change residential use;
instead, these regulations will importantly address short term residential use versus long-term
residential use and in the preservation of this residential characteristic outside of Town Core.
RECOMMENDATION: I recommend approval of Ordinance 22-09 on first reading, setting forth
expectations for second and final reading.
OPTIONS: The following represents options for next steps regarding Ordinance 22-09
1.No Action
2. Approve the first reading of Ordinance No. 22-09 as drafted
3. Approve the first reading of Ordinance No. 22-09 with modifications, and schedule second reading
for August 23, 2022
4. Continue first reading o August 23, 2022
PROPOSED MOTION: “I move to approve ordinance 22-09 amending sections 5.04.050(g), 7.08.010, and
7.24.050 of the Avon Municipal Code concerning Short Term Rental Licenses, as well as the updated
Town Core Map.”
Thank you, Jena
Attachment A: Ordinance 22-09
Exhibit A: Code Text Amendment
Exhibit B: Town Core Map
Attachment B: Planning and Zoning Commission Record of Decision of Approval
ATTACHMENT A -
ORDINANCE 22-09
Ord 22-09 Code Text Amendments and Modification to Town Core Map
Page 1 of 4
ORDINANCE 22-09
AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE AND
AMENDMENT TO THE TOWN CORE MAP
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has
submitted a Code Text Amendment application to modify the Short-Term Rental (“STR”),
regulations in Title 5, Title 7 as well as to amend the Town Core Map, directly related to this
particular amendment; and
WHEREAS, the Town Core map as referenced within the Avon Municipal Code has not been
altered since 2011 and changes in development within and around Avon warrant the
amendment of this defined area, such that it should be expanded; and
WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held a public hearing on July 5, 2022 and July 19, 2022, prior
to formulating a recommendation to the Town Council considered all comments, testimony,
evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a
recommendation to the Town Council to approve the Application; and
WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority
granted by the Town Charter, its ordinances and State of Colorado law, has review and decision-
making authority to approve, approve with conditions or deny the Application; and
WHEREAS, after publishing and posting notice in accordance with the requirements of AMC
Section 7.16.020(d), Step 4: Notice, Council held public hearings on August 9, 2022 (and
__________, 2022,) prior to taking final action considered all comments, testimony,
evidence and Town Staff reports; and then Council took action by approving this Ordinance;
and
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria the Town Council has considered
the applicable review criteria for a Code Text Amendment application; and
WHEREAS, the Application complies with AMC §7.16.040(c), Review Criteria, and is
consistent with the Comprehensive Plan’s goal of providing a balance of land uses while inviting guest
accommodations that strengthen Avon’s identity as both a year round residential community and a
tourism center while preserving the opportunity to also ensure long-term residential opportunities for
workforce in these units; and
Ord 22-09 Code Text Amendments and Modification to Town Core Map
Page 2 of 4
WHEREAS, all existing Properties remain suitable for short term rental usage, and all short
term rental licenses for the affected properties, if affected, shall be grandfathered as licenses
that are allowed to continue until either the cessation of the STR use in these unit(s) by the
property owner or a change in unit ownership occurs; and,
WHEREAS, all of the potentially affected Properties are located outside of the Town Core,
where STRO has not been affected, and
WHEREAS, this amendment will increase compatibility of STRs of neighboring properties
and decrease workforce displacement within the current Properties; and
WHEREAS, Resident Occupied (RO) means the occupation and use of a residence on a full-
time basis, occupied by the unit owner or a renter of the unit thereof. RO verification and
investigation for STR licensing purposes shall be determined appropriate by the Town Manager
to ensure that a resident is continuously occupying and using the residence in a full-time
capacity; and
WHEREAS, the Application will provide for orderly, efficient use of the Property, while at the
same time conserving the value of the investments of owners of property in the Town in
accordance with the Purpose statements in the Avon Development Code; and
WHEREAS, the health, safety and welfare of the citizens of the Avon community would be
enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Town Council desires to comply with 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:
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. Code Text Amendments. AMC §5.04.050, AMC §7.20.190 and AMC §7.24.050
are hereby amended as depicted in “Exhibit A – Code Text Amendments” with strike-out
depicting language to be deleted and underline depicting language to be added.
Section 3. Redefining Town Core. The area and map of the Town Core has been updated to
include certain residential properties that contain a significant number of front desk managed rental
properties including Short Term Rentals and time-share properties. The new map has been attached as in
“Exhibit B – Town Core Map”.
Ord 22-09 Code Text Amendments and Modification to Town Core Map
Page 3 of 4
Section 4. Effect on Existing Short Term Rental Licenses. Properties that have a valid
STR license with the Town of Avon on the effective day of this ordinance shall continue to
remain in effect until abandonment of the Short Term Rental use, change in ownership, or
revocation of the Short Term Rental license in accordance with the procedures set forth in
Chapter 5.04 Business Licensing, as may be amended from time to time.
Section 5. 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 has 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 6. Effective Date. This Ordinance shall take effect thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares 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 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 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed
to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right
or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper
actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or
right, and for the purpose of sustaining any judgment, decree or order which can or may be
rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing,
inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and
held as remaining in force for the purpose of sustaining any and all proceedings, actions,
hearings, and appeals pending before any court or administrative tribunal.
Section 9. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
Ord 22-09 Code Text Amendments and Modification to Town Core Map
Page 4 of 4
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 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on August 9, 2022, and setting such public hearing for
[ ], 2022 at the Council Chambers of the Avon Municipal Building,
located at One Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
[ ], 2022.
BY: ATTEST:
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
APPROVED AS TO FORM:
Karl Hanlon, Town Attorney
EXHIBIT A -
CODE TEXT AMENDMENTS
EXHIBIT A
AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110
OF THE AVON MUNICIPAL CODE
PROPOSED PROCESS: GENERAL TEXT AND TOWN CORE MAP AMENDMENT
TITLE 5 BUSINESS TAXES, LICENSES and REGULATIONS
5.04.050(g) – Limitations of Short Term Rental Licenses
(g) Limitations of Short Term Licenses. The total number of licenses permitted for a
Property in the STRO zone district and outside the Town Core shall be 15% of the total
number of residential units for such Property, with the following exceptions and
modifications:
(1) A Property shall mean a residential development associated with a site-specific
subdivision plat approval for such property which typically has a distinct subdivision
name.
(2) The number of allowed STR-F Licenses shall be rounded up to the nearest whole and
shall not be less than one (1) for any Property.
(3) There shall be no limit on STR-RO or STR-L licenses.
TITLE 7 – DEVELOPMENT CODE
7.08.010 – General Definitions.
Town Core means the central commercial core area of Town, including the areas zoned Town
Center (TC) and the adjacent parcels zoned Mixed-Use Commercial (MC), Neighborhood Commercial
(NC), Shopping Center (SC) and PUD, but not including certain residential parcels which are zoned for
only residential use as shown. See the Town Core Map
7.20.090 - Overlay districts.
(a) Short Term Rental Overlay - STRO.
(1) Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short
term rentals of properties, including but not limited to accommodation, apartments, bed
and breakfast, condominium, hotel, lodge, motel and residential properties for periods
fewer than thirty (30) days subject to the provisions of this Chapter. The STRO zone
district shall be an overlay zone district which shall apply to allow short term rentals of
properties. Properties in the STRO zone district shall otherwise be subject to all
requirements of the underlying zone district.
(2) Allowed Use. The following uses shall be permitted in the STRO District:
(i) The uses permitted in the underlying zone district or planned unit development
(PUD).
(ii) Short term rental, except that short term rental use shall not be permitted for any
residential unit which is deed restricted for affordable Community Hhousing, long
EXHIBIT A
AMENDMENTS TO SECTIONS 7.08.010, 7.20.090, AND 7.24.050
OF THE AVON MUNICIPAL CODE
A Page 2 of 4
term residential use, primary residential use or full time residential use.
(3) Short Term Rental. For the purpose of this Chapter, short term rental shall mean the
rental of property for a total continuous duration of less than thirty (30) days.
(4) Development Standards. The developments standards within this overlay zone district
are regulated by the underlying zone district.
(5) Sales and Public Accommodations Tax License. Any property owner who leases or
rents property in the STRO District shall obtain a sales tax license in accordance with
Chapter 3.08 and a public accommodations tax license in accordance with Chapter 3.28.
The failure to obtain a sales tax license or public accommodations tax license prior to
using property for short term rental in the STRO shall be a violation and subject to
penalties as described in Title 3.
(b) Short Term Rental and Town Core:
(1) Intention. Properties located outside and inside of the Town Core may be permitted to
allow short term rentals in all zone districts outside of the Town Core and Planned Unit
Developments (“PUDs”) for fewer than thirty (30) days subject to the provisions of this
Chapter. Properties shall make an application to allow short term rental of properties,
subject to all requirements of the underlying zone district.
(i) STRs shall be issued in accordance with Avon Municipal Code Title 5.
(2) Allowed Use. The following uses shall be permitted:
(i) Short term rentals.
(ii) Other Uses shall be permitted pursuant to the provisions in the underlying zone
district.
(iii) Short term rentals shall not be permitted within any residential unit which is deed
restricted or reserved for: Community Housing, long term residential use, primary
residential use or full-time residential use.
(c) Planned Unit Development. All PUD zone districts shall comply to the dimensional and
development standards as well as the review processes and criteria outlined in Section
7.16.060, Planned Unit Developments.
7.24.050 - Use-specific regulations.
(a) Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed
Uses) must conform to siting and use provisions of the Avon Comprehensive Plan.
EXHIBIT A
AMENDMENTS TO SECTIONS 7.08.010, 7.20.090, AND 7.24.050
OF THE AVON MUNICIPAL CODE
A Page 3 of 4
(b) Arboretum or Botanical Garden. No sales are allowed except through gift shops that are
approved accessory uses.
(c) Home Occupations. A home occupation must comply with the following limitations and
conditions:
(1) The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable
outside the dwelling unit where such activity is taking place;
(2) The use is limited to no more than five (5) customers or visitors, other than the occupants,
per day;
(3) If the use is a day care, the use is limited to no more children than allowed by the state
license for a childcare home (a state license is also required to operate a childcare home);
(4) The use does not have visible storage of equipment or parking of vehicles not normally
associated with a residential use, including but not limited to trucks with a rating greater
than three-quarters (¾) ton, earth-moving equipment or cement mixers;
(5) The use does not alter the exterior of the property or affect the residential character of the
neighborhood;
(6) The use does not interfere with parking, access, other normal activities on adjacent
properties or with other units in a multifamily development;
(7) Employees are not permitted to work on the property; the use shall be carried on by the
inhabitants of the property;
(8) The use does not require alteration to the residence to satisfy applicable Town fire or
building codes or county health regulations;
(9) Exterior signs are not permitted; and
(10) There may be only incidental sale of stocks, supplies or products.
(d) Dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") must comply
with the following limitations and conditions:
(1) The marketing and sales practices for a timeshare development shall not include
solicitation of prospective purchasers of timeshare units on any street, walking mall,
courtyard or other public property or facility unless otherwise permitted by the Town.
(2) The parking requirement for a timeshare development shall be calculated by applying
the parking standard for the underlying zone district for lodge uses. The parking
requirement shall be calculated based on the maximum number of proposed lock-off units
in the development, unless an appropriate level of guest transportation services, such as
vans, car-share or shuttle vehicles, are offered as an alternative to having owners and
EXHIBIT A
AMENDMENTS TO SECTIONS 7.08.010, 7.20.090, AND 7.24.050
OF THE AVON MUNICIPAL CODE
A Page 4 of 4
guests using their own vehicles in the Town.
(3) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on-
site when the owner is not using the estate.
(e) Short Term Rental must comply with the following limitations and conditions:
(1) Premises shall conform to the applicable requirements of the Town’s building, technical
and safety codes adopted by reference in the Avon Town Charter and Municipal Code.
(2) Premises must comply with the Minimum STR Management Requirements set forth in the
Avon Municipal Code Section 5.04.050, Short Term Rentals.
EXHIBIT B - TOWN CORE MAP
Short Term Rental Overlay and Town Core Map
Planned Unit Developments with *STRs
*PUD STR approvals unaffected by Ordinance 22-09
STR Zoning Overlay
STR Zoning Overlay in Town Core
Town Core Boundary
• STR-F (Full License) - Capped
at 15% of the total number of
units on the property
• STR-Limited - Unlimited
• STR-RO (Resident Occupied)
- Unlimited
Licenses Outside Town Core:
• STR-F (Full License) -
No Cap/Unlimited
• STR-Limited - Unlimited
• STR-RO (Resident Occupied)
- Unlimited
Licenses Inside Town Core:
License definitions can be found in AMC Section 5.04.050 Short Term Rentals
See PUD approvals for STR regulations specific to these properties
Official Zoning and Town Core Map
Town Core Boundary
Town of Avon Zoning Map
ATTACHMENT B -
PLANNING AND ZONING
COMMISSION RECORD OF DECISION
PZC Record of Decision: #CTA22002
Page 1 of 2
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF PUBLIC HEARING/DECISION: July 19, 2022
TYPE OF APPLICATION: Code Text Amendment
FILE NUMBER: CTA22002
APPLICANT: Town of Avon
This Record of Decision is made in accordance with the Avon Development Code §7.16.040, Code Text
Amendment, and §7.16.010(F)(1) Review Criteria.
FINDINGS: The Planning and Zoning Commission (“PZC”) adopts the following findings:
1. Planning and Zoning Commission held hearings on July 5 and July 19, 2022. The PZC considered
both the Staff Reports dated July 1 and July 15, 2022, as well as all of the public comments and
testimony provided at these hearings.
2. The text amendment promotes the health, safety, and general welfare of the Avon community by
balancing the existing residential housing stock for long-term residential use with STR use to
promote a sustainable community. This is achieved by limiting the number of typical STR
licenses (STR-F) through a 15% cap on each property outside the updated Town Core while
allowing an unlimited number of resident occupied STR licenses (STR-RO), as well as licenses
that permit STR owners to short term rent their units for a maximum of 42-days or six (6) weeks
in the year (STR-L) in this same area. This is also accomplished by implementing mandatory
health and safety standards such as smoke detectors, informational signage, fire extinguishers,
and other operational and maintenance controls;
3. The text amendment promotes and implements the goals and policies of the Avon
Comprehensive Plan and is consistent with the provisions of this Plan. Moreover, the
amendments directly reflect the recommendations of the 2021 Avon Community Housing Plan by
implementing its goals, including the, “Consideration of a second tier Short Term Rental Overlay
that requires owner occupancy of the residence while allowing Short Term Rental of a portion of
the residence to defray housing costs”, (or in this case, we propose using Town Core provisions),
and the implementation of, “…minimum standards for operation and maintenance of Short Term
Rental units”. In doing so the result will also satisfy Section 7.04.030(n) of the Avon Development
Code, which directs the achievement of, “…a diverse range of attainable housing which meets
the housing needs created by jobs in the Town, provides a range of housing types and price
points to serve a complete range of life stages and promotes a balanced, diverse and stable full
time residential community which is balanced with the visitor economy”;
4. The text amendments also promote or further implement the purposes stated in the Development
Code with the establishment of, “…minimum requirements for design and development within the
Town. The development and design standards in this Chapter shall apply to the physical layout
and design of all development, unless exempted by this Development Code”. Further, “These
provisions address the physical relationship between development and adjacent properties,
public streets, neighborhoods and the natural environment in order to implement the
PZC Record of Decision: #CTA22002
Page 2 of 2
Comprehensive Plan vision [and Housing plan] for a more attractive, efficient and livable
community”;
5. The text amendment is necessary or desirable to respond to changed conditions, new planning
concepts, or other social or economic conditions. Significantly, Staff has demonstrated that
there is a recent and rapid increase in STR licenses that convert residential properties from long-
term residential use to short term residential use by 74% in residential properties outside of the
Town Core within the last three (3) years. These text amendments will help to mitigate the
change in social and economic conditions associated with an inadequate supply of housing and
the local workforce for local employers by mitigating this impressive impact through use of caps
on licensing outside of Town Core and by not limiting STR licensing within the Town Core where
more lodging and commercial uses are found;
6. The development application is complete;
7. The development application provides ample information to allow the PZC to determine that the
development application complies with the relevant review criteria. This information was presented
to the PZC by Staff, and additionally through information provided to the PZC in the presented
packet of materials for this application; and
8. The Public hearings conducted on July 5th and July 19th, 2022, have satisfied all meeting noticing
requirements.
DECISION: Recommendation for Approval of the application.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY: To Be Signed 8/2/22 DATE: ___________________
Chairperson
970.748.4021 pmckenny@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Town Manager’s Office
RE: Ordinance 22-10 Council Compensation
DATE: August 3, 2022
SUMMARY: Ordinance 22-10 increasing Council Compensation is presented to Council. Council
expressed an interest in reviewing Council compensation and considering updates to Council
compensation to be effective for future Council members. The Avon Home Rule Charter prohibits any
action to the increase or decrease the compensation of elected officials during their current term. As
proposed, Ordinance 22-10 would take effect in December, 2024, and therefore would be applicable to the
four Council members elected in November, 2022 and the three Council members elected in 2024. A
December 2024 increase in compensation would be applicable to all seven Council members at the same
time. First reading of the ordinance was continued to allow for some changes as directed by council.
TOWN MANAGER’S COMMENTS AND RECOMMENDATION: Avon has grown substantially over the
last 26 years. The Town’s services and operations are more complex. Understanding and determining
policy matters for the Avon community is also more complicated. A doubling in compensation roughly
restores the level of compensation set in 1996 when adjusted for inflation. Providing a reasonable level of
compensation for the time commitments of Council members will make serving on Council more accessible
and viable for a broader economic range of the Avon community. There is a strong and direct value in
policy setting when Council members can afford to devote the time necessary to understand complex
issues and to actively engage with community members. For these reasons, I recommend that increasing
compensation for December 2024, is appropriate, overdue and modest when adjusted for inflation.
PROPOSED CHANGES TO ORDINANCE: Several suggestions were provided by town council at the July
26 council meeting. The revised proposal addresses the following changes for consideration:
1. Revised Compensation Increase for Elected Officials: The chart below shows compensation
increased over two election cycles with an inflationary increase proposed in 2028.
2. Consideration for Health Insurance Credit: The ordinance addresses benefits as follows:
Council members shall receive compensation as described in this section, health insurance
benefits as defined in the Avon Employee Policies and as may be amended from time to time, and
reimbursement for expenses incurred in service as a Council member, all in accordance with
policies adopted by Council and subject to annual budgets and appropriations approved by
Council.
There was a suggestion to consider offering a credit for health insurance to those members who do
not select coverage. The health benefits package has two components that help cover the monthly
Proposed
Compensation
current
2022
Effective Date
Dec 11, 2024
Effective Date
Dec 9, 2026
Effective Date
Dec 12, 2028
mayor 1,000$ 1,500$ 2,000$ 2,200$
mayor pro tem 750$ 1,125$ 1,500$ 1,650$
council 500$ 750$ 1,000$ 1,100$
970.748.4021 pmckenny@avon.org
costs of providing coverage. Based on type of coverage selected, there are two funding
components 1) the employer contribution, and 2) the employee premium. There are three types of
coverages offered to employees with differing employer and employee contribution amounts.
Changes to the current benefits package would impact the out-of-pocket expenses of members or
town. There are a several options suggested to modify what might be offered for health benefits for
council’s consideration:
a. Make no changes to the health benefits package offered which means members would select
their coverage and pay the same employee monthly premium.
b. Offer a $450 monthly credit to those members who decline health benefits coverages which
would equate to a $5,400 annual expense to the town per member.
c. Offer the health benefits package to the council member only, and if there is a need for the
spouse or family coverage, the member pays the difference in cost related to the employee
premium only. This change would impact the member’s monthly premium and would be
estimated at a $2,000 + increase annually.
3. Committee Stipends: There was council consensus to strike the committee stipend offering from
the ordinance.
FINANCIAL CONSIDERATIONS: An increase in compensation would impact the budget beginning in
2025. The budget impacts with the credit offering are estimated around $64K annually if all members
declined coverage ($5,400 annually/member). The financial impact to council members if coverage is for
“single” only would be an increase for those members who requested the additional coverage and would be
estimated in a premium increase of around $2K / year.
PROPOSED MOTION: “I move to approve Ordinance 22-10, Amending Avon Municipal Code Chapter
2.04 – Compensation of Council on first reading.”
ATTACHMENTS:
Attachment A: Council packet materials from July 26 meeting
Attachment B: Ordinance No, 22-10 with Code Amendments
Thank you, Eric and Patty
970.748.4021 pmckenny@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Town Manager’s Office
RE: Ordinance 22-10 Council Compensation
DATE: July 19, 2022
SUMMARY: Ordinance 22-10 increasing Council Compensation is presented to Council. Council
expressed an interest in reviewing Council compensation and considering updates to Council
compensation to be effective for future Council members. The Avon Home Rule Charter prohibits any
action to the increase or decrease the compensation of elected officials during their current term. As
proposed, Ordinance 22-10 would take effect in December, 2024, and therefore would be applicable to the
four Council members elected in November, 2022 and the three Council members elected in 2024. A
December 2024 increase in compensation would be applicable to all seven Council members at the same
time.
Existing Council compensation was set in 1996. The cumulative rate of inflation from 1996 to 2022 is
88.9%. The proposed increase in compensation would double the existing compensation commencing in
December, 2024.
TOWN MANAGER’S COMMENTS AND RECOMMENDATION: Avon has grown substantially over the
last 26 years. The Town’s services and operations are more complex. Understanding and determining
policy matters for the Avon community is also more complicated. A doubling in compensation roughly
restores the level of compensation set in 1996 when adjusted for inflation. Providing a reasonable level of
compensation for the time commitments of Council members will make serving on Council more accessible
and viable for a broader economic range of the Avon community. There is a strong and direct value in
policy setting when Council members can afford to devote the time necessary to understand complex
issues and to actively engage with community members. For these reasons, I recommend that increasing
compensation for December 2024, is appropriate, overdue and modest when adjusted for inflation.
BACKGROUND: The Avon Town Council adopted its Home Rule Charter in 1978 which allows for citizens
to have more control over local municipal / local matters. The charter details the structure and powers of
the local government and provides the municipality the power to legislate and regulate topics of local
concern. Elected officials’ compensation falls under this umbrella. There have been no changes to the
compensation amount for Avon Council members outlined in the town code since its passage in 1996 (over
twenty years ago). There was a charter amendment approved in 2013 that addressed Council’s choice to
decline compensation. The sections of Colorado Revised Statutes and municipal laws (Town Charter and
Code) addressing elected officials’ compensation are provided for reference in Attachment A.
COMPENSATION (PAY PLAN) CONSIDERATIONS: The positions of locally elected officials are
somewhat comparable with those members serving in the Colorado General Assembly and U.S. Congress.
As a locally elected official there is an opportunity to make important contributions toward shaping the
future of your community. However, municipal elected positions do not require full time or even a part-time
commitment, yet it does require significant time and energy to meet expectations of its community. The
mayor’s role typically involves more time based on specific functions required, such as business meeting
planning, setting agendas, presiding over all meetings, local, regional and some state committee
participation, as well as attendance at many ceremonial functions. Home rule municipalities take on a
council – manager form of government and the day-to-day operational functions are overseen by the
manager. The Council is asked to review several factors related to the elected official’s compensation
Attachment A
970.748.4021 pmckenny@avon.org
discussion and provide input on the following questions and information presented with this analysis. The
role, responsibilities and complexities of the position, the amount of time spent working the job, current
salary and comparisons with other municipalities compensation, cost of living and time elapsed since last
adjustments all play a part of the review and final decision-making process.
Role and Responsibilities of Local Elected Officials: Local government has become a very active
platform for ensuring local municipal policy is meeting the needs of the community. Elected officials make
decisions about an array of topics, including legislative, land use, financial and public policy matters. They
participate in public hearings and make important legal determinations that affect their constituents. The
role requires a substantial amount of time to study and analyze these topics before decision making
happens. Time spent serving in this role could easily be upwards of 30 to 35 hour per months, including
regular business matters and committee commitments.
Proposed Compensation Increase for Elected Officials: The chart below shows compensation if it were
adjusted for inflation and doubled.
Elected Official Current Amount Proposed Amount
Mayor $1,000 / mo.
$12,000 annually
$2,000 / mo.
$24,000 annually
Mayor Pro Tem $750 / mo.
$9,000 annually
$1,500 / mo.
$18,000 annually
Council members $500 / mo.
$6,000 annually
$1,000 / mo.
$12,000 annually
Council time commitment: Council meetings are generally 4 hours. There are typically 20 regular
Council meetings, 1-2 special meetings and 2-3 retreats. Calculating the average time for meetings plus a
similar amount of time for reviewing and studying materials in advance of the Council meetings results in
approximately 160 hours. Council members also engage with the Town Manager, Staff and Community
regularly on Community matters, with an estimated 10 hours per month (120 hours annually). Finally,
attendance at various third party meetings on behalf of Avon and professional training can add another 4-
12 hours per month, or 48 to 144 additional hours. The total annual time commitment can range from 330-
420 hours over the course of a year.
Reasons to Update Compensation: Reasons to consider updating Compensation are presented as
follows:
To update Council compensation based on inflation.
Cumulative inflation since 1996 is 88.9%. It is likely that the cumulative inflation will be very close to
100% by the December, 2024 proposed effective date.
To better align with elected official compensation found in other comparable municipalities, see
Attachment B.
The Town of Avon currently compares its employee salaries / benefit with the following municipalities:
Breckenridge, Frisco, Silverthorne, Snowmass Village, Steamboat Springs, Telluride, and Vail.
970.748.4021 pmckenny@avon.org
Attachment B shows how Avon would compare to these target communities as well as some other
resort communities. The proposed increase would align Avon’s compensation with Breckenridge and
below the higher compensation amounts offered by Snowmass Village and Telluride. Colorado
Association of Ski Towns has also compiled compensation information for elected officials, it is
provided as Attachment C. It is also noted there are some challenges in getting an equitable
comparison between municipalities since typically there are also benefits offered; benefits vary widely,
and the details are difficult to pinpoint across towns.
To add value to the position of serving as an elected official and compensate those serving for time spent in the role with a justifiable salary and attractive benefits.
Currently the elected officials receive a salary identified in the table above. In addition to the salary,
there are a number of benefits offered to the elected officials, including health insurance coverage
offered at the employee rate, retirement contribution to a 457, recreation pass, life insuranceetc. The
value of the benefits offered vary depending on family size, but generally range from $14,000 to
$24,000.
To improve the recruiting environment which would offer a favorable salary for public service at the local level. It is a way to add value to the position moving forward with less reliance that this
role is just a “volunteer” position.
The Town would be in a position to encourage eligible residents to consider running for local office and
offer a package that would appropriately compensate them for their time with good pay and great
benefits.
Proposed Effective Date for Compensation Increase: Elected officials cannot vote to increase their own
salaries during their terms. Elected officials can take action to increase the future salaries of elected
officials, whether it is themselves or others. There is support for the implementation of the compensation
increase to occur December 2024. While there is a two-year delay in an increase for those currently
seated as Council, the proposed effective date allows for all members to see an increase in compensation
at the same time in two years. This approach presents a more efficient roll out and streamlined accounting
and budgeting situation.
Compensation for Committee Assignments: The proposed Ordinance presents the option to include
compensation for attendance at meetings on behalf of the Town of Avon. The proposed Ordinance
authorizes (but does not require) Council to provide compensation for attending meetings of up to $100 per
meeting. As proposed, compensation for meeting attendance would be set by policy in a separate
resolution. There are currently eighteen (18) committees with elected officials assigned to each one
(sometimes more than one official serves). Additional Council discussion is required to determine the
appropriate list of committees for meeting attendance and compensation. This option would create
additional administrative work to establish policies, procedures and records for meeting attendance that is
subject to compensation and additional administrative work to adjust Council payrolls each time
compensation for meeting attendance is provided. If Council adopts Ordinance 22-10 with the option of
compensation for meeting attendance, then Staff would propose to Council a Resolution establishing
policies and procedures sometime in 2023.
FINANCIAL CONSIDERATIONS: The table below depicts a budget estimate if compensation is increased
twofold in 2024. The budget does not include costs of benefits or committee compensation.
970.748.4021 pmckenny@avon.org
PROPOSED MOTION: “I move to approve Ordinance 22-10, Amending Avon Municipal Code Chapter
2.04 – Compensation of Council on first reading.”
ATTACHMENTS:
Attachment A: Colorado Revised Statutes Addressing Elected Officials Compensation
Attachment B: Elected Officials Compensation Comparison (with Town of Avon peer communities)
Attachment C: CAST Elected officials Compensation Comparison
Attachment D: Ordinance 22-10 with Code Amendments
Thank you, Eric and Patty
Effective Date:
2022 2023 2024
Position
Position
Count
current
rate annual
Position
Count
current
rate annual
Position
Count new rate annual
mayor 1 1,000$ 12,000$ 1 1,000$ 12,000$ 1 2,000$ 24,000$
mayor pro tem 1 750$ 9,000$ 1 750$ 9,000$ 1 1,500$ 18,000$
council 5 500$ 30,000$ 5 500$ 30,000$ 5 1,000$ 60,000$
Estimated Compensation Budget 51,000$ 51,000$ 102,000$
ELECTION OFFICIAL COMPENSATION BUDGET ESTIMATES
* estimates do not include costs of benefits
970.748.4021 pmckenny@avon.org
ATTACHMENT A
Colorado Revised Statutes addressing municipal officials’ compensation as noted in Title 31, Article 4,
Section 109 and 405 which set forth 1) compensation and fees of officers (109), and 2) emoluments
(salary, fee or profit from office) not to be increased (409).
970.748.4021 pmckenny@avon.org
ATTACHMENT A
Town of Avon addressing municipal officials’ compensation
Colorado Revised Statutes Title 31, Article 4, Section 109 and 405: The state laws set forth the
following: (1) compensation and fees of officers (109), and (2) emoluments (salary, fee or profit from office)
not to be increased (409), Attachment No. 1.
Avon Charter and Avon Municipal Code: The following provisions address Council compensation:
Avon Charter, Chapter 4, Council and Mayor
Section 4.8 – Compensation
The members of the Council shall receive such compensation, and the Mayor and Mayor Pro-Tem,
such additional compensation, as the Council shall prescribe by ordinance. The compensation of
any Council member may not be increased or decreased by Council during such Council member's
term in office. A Council member may individually and unilaterally choose in writing to decrease or
decline that Council member's compensation temporarily or for the remainder of that Council
member's term. The members of the Council may, upon order of the Council, be paid their actual
and necessary expenses incurred in the performance of their duties of office. (Ord. 11-13 §3; Ord.
No. 20-13 , 9-8-20)
Avon Town Code, Title 2, Administration and Personnel
2.04.010 - Compensation of Council Members. (Ord. 96-18 §1)
Council Members shall receive compensation for their service in office in accordance with the
following schedule:
(1) Mayor: One thousand dollars ($1,000.00) per month.
(2) Mayor Pro Tem: Seven hundred fifty dollars ($750.00) per month.
(3) All other Council Members: Five hundred dollars ($500.00) per month.
ATTACHMENT B
COMPARISON OF COMPENSATION FOR
ELECTED OFFICIALS
COMMUNITIES USED FOR AVON'S
SALARY COMPARISONS
Mayor Council Mayor Pro Tem Other Benefits Population form of Gov't
monthly annually monthly annually monthly annually
1 AVON 1,000.00 12,000.00 500.00 6,000.00 750.00 9,000.00 Group Health, Dental, PTS, RT Plan 6,072 Council-Manager
AVON (PROPOSED INCREASE) 2,000.00 24,000.00 1,000.00 12,000.00 1,500.00 18,000.00
2 SILVERTHORNE 1,000.00 12,000.00 500.00 6,000.00 RT & facility benefits (rec and pavilion) 4,750 council-manager
3 VAIL 1,000.00 12,000.00 625.00 7,500.00 Health Plan, RT 4,000 council-manager
4 FRISCO 1,050.00 12,600.00 600.00 7,200.00 600.00 7,200.00 2,913 council-manager
5 STEAMBOAT SPRINGS 15,267.00 955.30 11,463.60 13,378.50 13,214
6 BRECKENRIDGE 1,500.00 18,000.00 1,000.00 12,000.00 1,000.00 12,000.00 Group Health, (medical,dental,vision),
Rec (nordic, rec, golf, wellness
4,885 Council-Manager
7 SNOWMASS VILLAGE 2,200.00 26,400.00 1,700.00 20,400.00 1,000.00 12,000.00 2,773 council-manager
8 TELLURIDE 1,943.00 23,316.00 1,243.00 14,916.00 1,243.00 14,916.00 Health (only individual), ski pass, life
insurance
2,400 council-manager
OTHER COLORADO
COMMUNITIES Mayor Council Mayor Pro Tem Other Benefits Population form of Gov't
monthly annually monthly annually monthly annually
1 MT. CRESTED BUTE 1,050.00 12,600.00 600.00 7,200.00 600.00 7,200.00 900 council-manager
2 GLENWOOD SPRINGS 1,200.00 14,400.00 1,000.00 12,000.00 1,000.00 100,000 council-manager
3 CRESTED BUTTE 1,350.00 16,200.00 850.00 10,200.00 na 1,639
4 BASALT 1,562.50 18,750.00 1,041.67 12,500.00 1,041.67 12,500.00 Chamber Ski Pass 4,500 Council-Manager
6 ASPEN 2,375.00 18,750.00 1,700.00 12,500.00
7/19/2022
ATTACHMENT C
Elected Officials Compensation
CAST Member Survey March 2022
Jurisdiction Mayor Council/Commissioner Mayor Pro-Tem Other Benefits Population
Form of Government
(Council-Manager, Strong
Mayor, etc.)
Avon $1,000/mo $500/mo $750/mo
Group Health,
Dental, PTS
Retirement Plan 6,072 Council-Manager
Basalt $18,750/year $12,500/year same as council chamber ski pass 4,500 Council/Manager
Breckenridge $1,500/month $1,000 / month $1,000/month
Medical, Dental,
Vision, $500 Credit
for Recreation, Ice,
Nordic, & Golf
Benefits, annual
wellness pass for
unlimited access to
Recreation Center,
Ice Arena and
Nordic Center
4,885 Council-Manager
Crested Butte $16,200/year $10,200/year 1,639
Denver
$188,488 $94,236-$105,527 N/A
DERP, Health
Benefits, Opt In Life
Insurance, HSA, etc. 705,576 Strong Mayor
Dillon $1000/mo $500/mo $500/mo
Wellness
reimbursement,
marina discounts.1,064 Council-Manager
Durango $1031.08/mo $800.30/mo $800.30 /mo
$40/mo cell phone
stipend 18,588 Council-City Manager
Eagle County $10,4567/year
Full health
insurance, 100%
retirement match
up to 12% of salary
Estes Park $13,500 $10,000 $11,500
Medical, Dental,
Vision, Life, Air
Ambulance,
Retirement 5,904 Council-Manager
Fraser $400/mo $200/mo 1,400 Council-Mayor
Glenwood Springs $1,200 $1,000 $1,000 100,000 Council Manager
Jackson, WY $39,300 $32,750 Health insurance,
retirement Town Administrator
Mammoth Lake, CA $8,948/year $8,948/year $8,948/year
Health insurance
(self and
dependents),
dental/vision
reimbursement, life
insurance 7,191 Council-Manager
Moab, UT $12,922/year $7,826/year
Health insurance. If
opt out, may
receive the value of
premium-
$26182/$23741 5,000 Council-Manager
Mt. Crested Butte $1,050/mo $600/mo $600/mo 900 Council-Manager
Ouray $500/mo $200/mo $200/mo Hot Spring Pool
pass 1,000 Council-Manager
Pagosa Springs $300/mo $200/mo None 2,000 Council-Manager
Salida $650/mo $450/mo 6,000
Mayor-council-
administrator
Silverthorne
$750/mo
(increases to
$1000/mo after
April '22
election)$500/mo $500/mo
Rec center pass,
family pass for
$125, 457
Retirement Account
- mandatory 7.5%
for council and
town matches 7.5%,
40% discount on
Pavilion rentals 4,750 Council - Manager
Summit County $104,567.06/year - set by
state statute Full health and
retirement benefits 31,000 Commission/Manager
Telluride $1943/mo $1243/mo $1243/mo
Can "opt in" for
Individual (no
dependents)
Medical/Vision/Den
tal insurance. Ski
pass or eqivalent
amount ($1200) for
other classes,
services. Life
Insurance with
AD&D of $25K with
option to pay for an
increased policy
amount.2,400
Council-Manager; weak
Mayor
Winter Park $400/meeting $200/meeting No additional None 1,071 Council/Manager
Ord 22-10 Council Compensation 1st Reading July 26, 2022
Page 1 of 4
ORDINANCE NO. 22-10
AMENDING AVON MUNICIPAL CODE
CHAPTER 2.04 – COMPENSATION OF COUNCIL
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council (“Council”) has the power to make
and publish ordinances necessary and proper to provide for the safety, preserve the health,
promote the prosperity, and improve the morals, order, comfort, and convenience of its
inhabitants; and
WHEREAS, current compensation was established Ordinance 96-18 in 1996 and has not been
increased yet; and
WHEREAS, Council finds that the Town of Avon has grown significantly in population,
business and local economy and that the complexity and volume of municipal business and
policy determination for the Avon Community has grown commensurately since 1996; and
WHEREAS, Council finds that increasing compensation of Council members will broaden the
accessibility of serving on Council to a wider variety of the community members who may not
be able to otherwise devote the time necessary to serve on Council; and
WHEREAS, the Town Council finds that increasing compensation for Council members will
promote the health, safety and general welfare of the Avon community; and,
WHEREAS, Avon Home Rule Charter, Section 4.8 and Colorado Revised Statute Title 31,
Article 4, Sections 109 and 405 restrict the authority to increase or decrease compensation for
elected officials during their current term in office, therefore, Council finds that increasing
compensation effective in December, 2024, will allow for the increase to be applied to all elected
Council members at the same time; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
ATTACHMENT D
Ord 22-10 Council Compensation 1st Reading July 26, 2022
Page 2 of 4
Section 2. Amended. Chapter 2.04 – Compensation of Council Members is hereby
amended by adding the following language which is underlined:
2.04.010 Compensation of Council Members.
(a) Council Members shall receive compensation for their service in office in accordance with the
following schedule, through and until December 10, 2024:
(1) Mayor: One thousand dollars ($1,000.00) per month.
(2) Mayor Pro Tem: Seven hundred fifty dollars ($750.00) per month.
(3) All other Council Members: Five hundred dollars ($500.00) per month.
(b) Council Members shall receive compensation for their service in office in accordance with
the following schedule, on and after December 11, 2024:
(1) Mayor: One thousand dollars ($2,000.00) per month.
(2) Mayor Pro Tem: Seven hundred fifty dollars ($1,500.00) per month.
(3) All other Council Members: Five hundred dollars ($1,000.00) per month.
(4) All Council Members: Up to $100 per meeting for attendance of meetings on behalf of the
Town of Avon in accordance with a meeting attendance policy adopted by resolution.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
Ord 22-10 Council Compensation 1st Reading July 26, 2022
Page 3 of 4
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on July 26, 2022 and setting such public hearing for
August 9, 2022 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on August,
2022.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
APPROVED AS TO FORM:
____________________________
Karl Hanlon, Town Attorney
Ord 22-10 Council Compensation 1st Reading August 9, 2022
Page 1 of 4
ORDINANCE NO. 22-10
AMENDING AVON MUNICIPAL CODE
CHAPTER 2.04 – COMPENSATION OF COUNCIL
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council (“Council”) has the power to make
and publish ordinances necessary and proper to provide for the safety, preserve the health,
promote the prosperity, and improve the morals, order, comfort, and convenience of its
inhabitants; and
WHEREAS, current compensation was established Ordinance 96-18 in 1996 and has not been
increased yet; and
WHEREAS, Council finds that the Town of Avon has grown significantly in population,
business and local economy and that the complexity and volume of municipal business and
policy determination for the Avon Community has grown commensurately since 1996; and
WHEREAS, Council finds that increasing compensation of Council members will broaden the
accessibility of serving on Council to a wider variety of the community members who may not
be able to otherwise devote the time necessary to serve on Council; and
WHEREAS, the Town Council finds that increasing compensation for Council members will
promote the health, safety and general welfare of the Avon community; and,
WHEREAS, Avon Home Rule Charter, Section 4.8 and Colorado Revised Statute Title 31,
Article 4, Sections 109 and 405 restrict the authority to increase or decrease compensation for
elected officials during their current term in office, therefore, Council finds that increasing
compensation effective in December, 2024, will allow for the increase to be applied to all elected
Council members at the same time; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
ATTACHMENT B: Ord 22-10
Ord 22-10 Council Compensation 1st Reading August 9, 2022
Page 2 of 4
Section 2. Amended. Chapter 2.04 – Compensation of Council Members is hereby
amended by adding the following language which is underlined:
2.04.010 Compensation of Council Members.
Council members shall receive compensation as described in this section, health insurance
benefits as defined in the Avon Employee Policies and as may be amended from time to time, and
reimbursement for expenses incurred in service as a Council member, all in accordance with
policies adopted by Council and subject to annual budget and appropriation approved by Council.
Council should evaluate future compensation adjustments by no later than July, 2030, which future
adjustments would be effective in December, 2030.
(a) Council Members shall receive compensation for their service in office in accordance with the
following schedule, through and until December 10, 2024:
(1) Mayor: One thousand dollars ($1,000.00) per month.
(2) Mayor Pro Tem: Seven hundred fifty dollars ($750.00) per month.
(3) All other Council Members: Five hundred dollars ($500.00) per month.
(b) Council Members shall receive compensation for their service in office in accordance with
the following schedule, on and after December 11, 2024 and through and until December 8, 2026:
(1) Mayor: One thousand dollars ($1,500.00) per month.
(2) Mayor Pro Tem: Seven hundred fifty dollars ($1,125.00) per month.
(3) All other Council Members: Five hundred dollars ($750.00) per month.
(c) Council Members shall receive compensation for their service in office in accordance with
the following schedule, on and after December 9, 2026 and through and until December 12, 2028:
(1) Mayor: One thousand dollars ($2,000.00) per month.
(2) Mayor Pro Tem: Seven hundred fifty dollars ($1,500.00) per month.
(3) All other Council Members: Five hundred dollars ($1,000.00) per month.
(d) Council Members shall receive compensation for their service in office in accordance with
the following schedule, on and after December 12, 2028:
(1) Mayor: One thousand dollars ($2,200.00) per month.
(2) Mayor Pro Tem: Seven hundred fifty dollars ($1,650.00) per month.
(3) All other Council Members: Five hundred dollars ($1,100.00) per month.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
ATTACHMENT B: Ord 22-10
Ord 22-10 Council Compensation 1st Reading August 9, 2022
Page 3 of 4
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on August 9, 2022 and setting such public hearing for
August 23, 2022 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
ATTACHMENT B: Ord 22-10
Ord 22-10 Council Compensation 1st Reading August 9, 2022
Page 4 of 4
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on August
23, 2022.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
APPROVED AS TO FORM:
____________________________
Karl Hanlon, Town Attorney
ATTACHMENT B: Ord 22-10
www.mountainlawfirm.com
Glenwood Springs – Main Office
201 14th Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Aspen
323 W. Main Street
Suite 301
Aspen, CO 81611
Montrose
1544 Oxbow Drive
Suite 224
Montrose, CO 81402
Office: 970.945.2261
Fax: 970.945.7336
*Direct Mail to Glenwood Springs
DATE: August 5, 2022
TO: Avon Mayor and Council
FROM: Karp Neu Hanlon, P.C.
RE: Ordinance 2022-11 – Recall Procedures
Ordinance 2022-11 was continued on second reading at the last Town Council meeting for additional
revisions to Section 2.29.020(e). At Council direction, the foregoing section was re-drafted to make
calculation of signatures required for a recall petition based on total ballots cast rather than total votes
cast. Subsection (3) contains new formulas to implement the total ballot cast language.
Should Council be inclined to pass the ordinance on second Reading a proposed motion follows:
I move to approve Ordinance 2022-11 on second reading.
Ord 22-11 Recall Procedures
2nd and FINAL Reading, July 26 2022
Page 1 of 3
ORDINANCE NO. 22-11
ENACTING CHAPTER 2.29 RECALL PROCEDURES
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council of the Town of Avon (“Council”) finds that a well defined
procedure for the recall of Council members will benefit the public confidence and participation
the constitutional rights of recall; and
WHEREAS, Section 3.5 Recall of the Town of Avon Home Rule Charter states that the Council
may provide by ordinance for recall procedures; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Section 2.29 Enacted. Section 2.29 Recall Procedures of the Avon Municipal
Code is enacted in its entirety to read as set forth in Exhibit A: Section 2.29 Recall
Procedures.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
ATTACHMENT A: Ord 22-11 Recall Procedures
Ord 22-11 Recall Procedures
2nd and FINAL Reading, July 26 2022
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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
ATTACHMENT A: Ord 22-11 Recall Procedures
Ord 22-11 Recall Procedures
2nd and FINAL Reading, July 26 2022
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on June 14, 2022 and setting such public hearing for
July 26 , 2022 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
________________________ ____________________________
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
July 26, 2022.
BY: ATTEST:
________________________ ____________________________
Sarah Smith Hymes, Mayor Patty McKenny, Town Clerk
APPROVED AS TO FORM:
_____________________________
Karl Hanlon, Town Attorney
ATTACHMENT A: Ord 22-11 Recall Procedures
Chapter 2.29 – Procedures for Recall of Councilmembers
EXHIBIT A: ENACTMENT OF CHAPTER 2.29 TO
TITLE 2 OF THE AVON MUNICIPAL CODE
CHAPTER 2.29 Recall Procedures
2.29.010 - The recall.
(a) Authority. These recall procedures are adopted pursuant to Article XXI of the Colorado
Constitution. To the extent these recall procedures conflict with C.R.S. 31-4-501 et seq.,
this Chapter 2.29 controls.
(b) Power. Any elective officer of the Town may be recalled from office, through the
procedure and in the manner provided herein, by the registered electors entitled to vote
for a successor of such incumbent officer. For purposes of this Title, the words
“registered elector” shall be construed to mean persons residing within the Town who are
registered to vote in Town elections as of the date they signed the petition for recall. No
recall petition shall be circulated or filed against any officer (i) until the officer has
actually held office for at least ninety (90) days in the officer’s current term, nor (ii)
within nine (9) months of the end of such term. The procedure to effect a recall shall be
as provided in this Title. These procedures for recall of elected officials shall be
interpreted to be consistent with the Article XXI of the State Constitution and the
Charter.
(c) Commencement of proceedings; affidavit and sworn statement. One (1) or more
registered electors entitled to vote for a successor of such incumbent officer may
commence recall proceedings by filing with the Town Clerk an affidavit of not more than
two hundred (200) words stating the reasons or ground(s) for the recall of the officer
sought to be removed. A separate affidavit shall be filed for each officer sought to be
recalled. Within two (2) business days after the filing of the affidavit, the Town Clerk
shall email and mail a copy by either method showing actual receipt by the affected
officer. Within five (5) business days after the date of the Town Clerk sends the affidavit
to the affected officer, the affected officer may file with the Town Clerk a sworn
statement of not more than three hundred (300) words in defense of the charges. The
affidavit and the sworn statement in defense are intended for the information of the
registered electors, who shall be the sole and exclusive judges of the sufficiency of the
grounds assigned for the recall, and the defense of the charges, and said grounds and
defense shall not be open to judicial review. Within ten (10) days after the date by
which any statement in defense must be filed, a petition for recall of the officer shall be
submitted to the Town Clerk for approval of the form of the petition containing the
grounds and the defense in accordance with Section 2.29.202(b) of this Chapter by the
registered elector who submitted the affidavit. The petition shall be circulated, signed,
verified and filed in the manner provided in Section 2.29.020.
(d) Call of election. A recall election shall be for the dual purposes of voting on the recall of
the officer sought to be removed and the election of a successor. Upon the Town Clerk’s
presentation to Council of a petition that is certified sufficient under Section 2.29.020(g),
the Council shall set a date for the election which shall be held on a Tuesday not less than
sixty (60) nor more than one hundred twenty (120) days from the date of presentation of
the certified petition to Council. However, if any other Town election is to occur within
one hundred eighty (180) days from the presentation of the certified petition to Council
the recall election shall be postponed and consolidated with such other Town election.
The order setting a date for the recall election shall not become effective until ten (10)
days from the presentation of the certified petition to Council. If the officer resigns
within the ten-day period, the vacancy may be filled by appointment in accordance with
the Charter. If a vacancy occurs in the affected office after the effective date of the order,
an election to fill the vacancy shall nevertheless proceed.
(e) Disqualification for office. No person who has been recalled or has resigned after the
Town Clerk’s presentation to Council of a certified, sufficient petition for recall of such
person shall serve the Town in any elected or appointed capacity within two (2) years
after such removal or resignation.
2.29.020 - Petitions.
(a) Separate petitions required. A separate petition shall be circulated and filed for each
officer sought to be recalled.
(b) Form and content.
(1) Approval of form. No petition shall be circulated until the Town Clerk, or another
representative of the Town designated by the Town Clerk, has approved the form for
circulation. The Town Clerk shall first determine that the petition form contains only
the matters required by this Title. The Town Clerk may prescribe a general form of
petition which shall contain warnings and notices to signers as deemed necessary by
the Town Clerk. The Town Clerk’s approval under this Section shall not constitute an
approval of the content of the petition, but rather, shall start the running of the time
periods provided for circulation and filing of petitions for recall.
(2) Statement of purpose. The petition shall be addressed to Council and shall contain
or have attached to each petition section throughout its circulation a copy of the
reasons or ground(s) set forth in the affidavit on file with the Town Clerk, and if
requested by the officer sought to be recalled, a copy of the officer’s statement in
defense.
(3) Petition Committee. Each petition shall designate by name, email address and
mailing address, not less than three (3) nor more than five (5) registered electors of
the Town who shall represent the signers of the petition in all matters affecting the
petition, and who endorse the petition. Each of the petition representatives shall
complete and provide to the Town Clerk an affidavit affirming each representative
has consented to their role as a recall petition representative, and such representative
is aware of and supports the reasons or grounds underlying the recall of the officer as
provided to the Town Clerk pursuant to Section 2.29.010(b). Notice or service of
process to any petition representative will be deemed to be notice or service of
process on all of the petition representatives. Any action required to be taken by the
petition representatives, must be set forth in an Affidavit signed by a majority of the
petition representatives.
(4) Signatures. Only registered electors of the Town on the date of their signature on the
petition may sign the petitions authorized under this Title. Each signer must sign his
or her own signature and each signature shall be followed by the legible and printed
name of the signer, the street and number address of the registered elector’s residence
which must be identical to the address contained in that registered elector’s voter
registration on file at the County of Eagle, and the date of signing of the petition. No
person shall knowingly sign his or her name more than once for the recall of the same
officer. No petition shall be circulated until such time as the Town Clerk has
calculated and approved the number of valid signatures required for the petition to be
deemed sufficient in accordance with this Title. Any signer of a petition may have
his or her signature removed by filing a written demand therefore with the Town
Clerk within five (5) business days of the filing of a signed petition.
(c) Circulation of petition. Prior to the circulation of any petition, a majority of the
designated petition representatives shall meet with the Town Clerk and the Town
Attorney for the purpose of confirming the number of valid signatures required for
petition for recall to be deemed sufficient and for the purpose of confirming the
circulation procedures and restrictions. The petition may be circulated and signed in
sections with each section consisting of one (1) or more sheets securely fastened at the
top, provided that each section contains a full and accurate copy of the text of the petition
in the form approved by the Town Clerk and the names and addresses of the designated
petition representative for that section of the petition. The affidavit required pursuant to
subsection (d) herein must be securely fastened at the top to each circulated petition
section. The designated petition representative’s affidavit shall not be removed at any
time from the circulated petition section. All petition sections shall be filed with the
Town Clerk as one (1) instrument. Only persons eighteen (18) years of age or older may
circulate the petition for signatures. The circulation of any petition by any medium other
than personally by a circulator is prohibited. No person shall receive any compensation
whatever for signing a recall petition.
(d) Affidavit of circulator. A circulator shall attach to each section of the petition circulated,
an affidavit signed by the circulator under oath before a notary public stating the
following:
(1) the circulator’s address of residence;
(2) that the circulator is eighteen (18) years of age or older;
(3) that he or she personally circulated the petition section;
(4) that each signature was affixed in the circulator's presence;
(5) that no information pertaining to a signer was completed by the petition circulator or
any petition representative;
(6) that to the best of the circulator’s knowledge and belief each signer was at the time of
signing the petition a registered elector of the Town;
(7) that to the best of the circulator’s knowledge and belief each signature is the genuine
signature of the person whose name it purports to be;
(8) that each signer had an opportunity before signing to read the full text of the petition;
and
(9) that the circulator has not paid or offered to pay any money or other thing of value to
any signer for the purpose of inducing or causing the signer to affix his or her
signature to the petition.
(e) Number of signatures required.
(1) First recall attempt. The petition must be signed by registered electors equal in
number to at least twenty-five (25) percent the total ballots cast at the most recent
preceding regular Town election for any candidate for the office to which the officer
sought to be recalled was elected as one of the officers thereof.
(2) Subsequent recall attempts. After one (1) recall petition and election which does not
result in a successful recall of an officer, another recall petition filed against the same
officer during the same term must be signed by registered electors equal in number to
at least fifty (50) percent of the total ballots cast at the last preceding regular Town
election for all candidates for the office to which the officer sought to be recalled was
elected as one of the officers thereof.
(3) Calculation of signatures required. For Purposes of determining the total signatures
required, the following formulas shall be used:
Total ballots cast = Total votes for all candidates + total votes cast for no candidate
(i.e. undervotes).
Signatures required = Total ballots cast X [0.25 ÷ number of Council seats to be filled
in the preceding regular Town election].
(f) Place of filing, time limits. Petitions for recall shall be filed with the Town Clerk within
thirty (30) days of the Town Clerk’s approval of the form of petition for circulation under
Section 2.29.020(b)(1). The petition representatives filing the recall petition shall sign an
affidavit affirming that they each have not tampered with or completed any information on
the petition for any signers other than signing their own name on the petition as a registered
elector in the Town of Avon.
(g) Determination of sufficiency of petition; certification. Within five (5) business days of the
filing of a signed petition, the Town Clerk shall ascertain by examination of the petition and
the County of Eagle’s voter registration record whether the petition is signed by the requisite
number of registered electors and otherwise satisfies the requirements of this Title. If the
petition is determined by the Town Clerk to be insufficient, the Town Clerk shall so certify
and forthwith notify the petition representatives in writing by email at the email address
provided by such Petition Representative, specifying the particulars of insufficiency. A copy
of the Town Clerk’s certification and written report shall also be immediately emailed to the
Petition Representatives and to the affected officer at its avon.org address. If the petition is
determined by the Town Clerk to be sufficient, the Town Clerk shall proceed under Section
2.29.020(j).
(h) Protest. Any registered elector may protest the sufficiency of a signed petition, and such
registered elector shall file a written protest, under oath, in the office of the Town Clerk
within ten (10) days of the filing of the signed petition with the Town Clerk or within five (5)
days of any re-filing of a signed petition after withdrawal and amendment. The protest shall
set forth with particularity the grounds of protest and the names and defects in form that are
protested. Except for any misstatement of material fact, the designated petition
representatives’ reasons and grounds for the recall may not be protested nor may the officer’s
sworn statement in defense be protested. Upon the filing of a written protest, the Town Clerk
shall set a time for hearing such protest, which shall be no less than seven (7) business days
and no more than fourteen (14) business days after the last day on which a protest could be
filed. The hearing on such protest shall be conducted by a judge or an attorney in good
standing in the State of Colorado, which judge or attorney shall be designated by the Town
Clerk in the Town Clerk’s sole discretion. At least seven (7) business days before the
hearing, the Town Clerk shall email and mail a copy of the protest to all members of the
recall committee and all of the designated petition representatives and the officer affected by
the recall together with a notice of the date and time for hearing. All records and hearings
shall be before the Town Clerk’s designee who shall have the power to issue subpoenas to
compel the attendance of witnesses to testify and the production of documents. All records
and hearings shall be public, and all testimony shall be under oath. The hearing shall be
summary in nature and concluded within thirty (30) days after the signed petition was filed
with the Town Clerk. The Town Clerk’s designee shall decide and certify to the Town Clerk
the results of the protest hearing within ten (10) business days after the hearing is concluded.
(i) Opportunity to Amend. In case the signed petition is deemed by the Town Clerk to be
insufficient, whether following the initial determination by the Town Clerk or following
protest proceedings, it may be withdrawn, amended and re-filed, one (1) time only by the
written authorization signed by a majority of the designated petition representatives, within
fifteen (15) days from the filing of the Town Clerk’s certificate of insufficiency. Upon any
withdrawal of the signed petition, the petition may only be amended by the addition of any
required information relating to a signer thereof by the respective signer thereof, and the
attachment of an updated circulator affidavits stating the changes that were made to the
petition between the initial submission of the petition and the re-filing of the petition in
addition to restatements of the requirements set forth in 2.29.020(d) regarding the re-filed
petition. Any amended petition must be re-filed with the Town Clerk within such fifteen-day
period. In its opportunity to curing deficiencies under this subsection, the petition may not
be re-circulated with a revised or corrected form of petition and no new signatures may be
collected. The Town Clerk shall, within five (5) days after re-filing such amendment, re-
examine the amended signed petition and re-certify the result in accordance with this Title.
(j) Delivery to Council. When and if a petition or amended signed petition is deemed
sufficient, whether following the initial sufficiency determination by the Town Clerk in the
absence of a protest, following protest proceedings, or upon re-examination of an
amendment, the Town Clerk shall so certify and present the certified petition to the Council
at its next regularly scheduled meeting. The Town Clerk’s certificate shall then be a final
determination as to the sufficiency of the petition.
2.29.030 - Elections.
(a) Generally. Elections on recall shall be conducted in the same manner as provided
generally for regular or special Town elections in the Charter. All Charter provisions
related to nomination and qualification of candidates shall apply to recall elections.
(b) Nominations on recall. Anyone desiring to become a candidate at the recall election
shall do so by nominating petition as required in Article III of the Charter. The deadline
for filing a nominating petition for a recall election shall be as established by ordinance
of the Council. If more than one (1) officer is sought to be recalled, then the nominating
petition must specify which incumbent officer affected by the recall the candidate seeks
to succeed. The name of the person against whom the recall petition was filed shall not
appear on the ballot as a candidate for that office.
(c) Ballots. There shall be printed on the official ballot, as to every officer whose recall is to
be voted on, the statement of reasons or grounds and, if requested by the affected officer,
the officer’s sworn statement in defense followed by the words, “Shall (name of person
against whom the recall petition is filed) be recalled from the office of Avon Town
Council member?” Following such question shall appear the words, “Yes” indicating a
vote in favor of the recall and “No” indicating a vote against such recall. On such
ballots, under each question, there shall also be printed the names of those persons who
have been nominated as candidates to succeed the person sought to be recalled. It shall
not be a requirement for a voter to vote on the question of the recall in order for their
vote on a succeeding candidate to be counted.
(d) Election results. If a majority of those voting on the question of the recall of any
incumbent from office votes “No, the incumbent continues in office. If a majority votes
“Yes” for the incumbent's removal, the incumbent shall thereupon be deemed removed
from his or her office upon the taking of the oath of office by his or her successor. If the
officer is recalled, the candidate for succession receiving the highest number of votes at
the election shall be declared elected for the remainder of the incumbent's term. The
candidate elected shall take office upon taking the oath of office, which shall occur as the
first order of business at the next regular or special Council meeting. In case the
candidate elected fails to take the oath of office within thirty (30) days after the issuance
of a certificate of election, the candidate with the next highest vote shall be elected, and
if there is no other elected successor who takes the oath of office, the office shall be
deemed vacant and shall be filled in accordance with the Charter.
(e) Reimbursement. If at any recall election the incumbent officer whose recall is sought is
not recalled, or in the event of a protest the Town Clerk’s designated hearing officer
determines that the petition is not sufficient based on the conduct of one or more petition
circulators or designated petition representatives, the Town will reimburse the incumbent
officer for monies actually spent by the incumbent officer in connection with the recall.
Authorized expenses include monies spent in challenging the sufficiency of the recall
petition, writing the sworn statement in defense, attorneys fees, and campaign literature
and advertising. Unauthorized expenses include monies spent on challenges and court
actions not pertaining to the sufficiency of the recall petition, the incumbent officer’s
personal meals, lodging and mileage, costs of a campaign staff or headquarters,
reimbursement for expenses incurred by a committee which has collected donations
under Section 1.14.050 of this Code, and expenses incurred prior to the filing for
approval of the recall petition form.
2.29.040 – Penalties
(a) A person shall not knowingly or under circumstances amounting to criminal
negligence:
1. Misrepresent, attempt to misrepresent or assist or conspire with another
person to misrepresent or attempt to misrepresent the intent or content of a
petition for the recall of a public officer which is circulated pursuant to the
provisions of this Title; or
2. Obtain, attempt to obtain or assist or conspire with another person to obtain or
attempt to obtain a false, forged, coerced or unauthorized signature on a
petition for the recall of a public officer which is circulated pursuant to the
provisions of this chapter.
(b) Criminal Penalties. Any person who knowingly violates any provision of this
Chapter is guilty of a misdemeanor and shall be punished by a fine not exceeding three
hundred dollars ($300.00) or imprisonment for a period of not more than ninety (90) days
or both such fine and imprisonment.
(c) Civil Penalties. Any person who violates any of the reporting provisions of this
Chapter shall be liable in any civil action initiated by the Town Attorney or by a person
residing within the Town for an amount not more than the amount or value not properly
reported.
2.29.050 - Further regulations.
The Council may, by resolution, make such further rules and regulations as are consistent
with the Charter and the Colorado Constitution in order to carry out the provisions of this
Title.
970-748-4045 jhildreth@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Justin Hildreth, Town Engineer
RE: Notice of Award – West Beaver Creek Blvd Asphalt Overlay
DATE: August 4, 2022
SUMMARY: Authorize Staff to issue Notice of Award for construction of the West Beaver Creek Boulevard
Asphalt Overlay Project as approved in the Town of Avon 2022 Capital Projects Fund.
DISCUSSION: The West Beaver Creek Boulevard Asphalt Overlay Project extends from US 6 to 100-FT
north of the railroad tracks as shown in Figure 1. The project consists of the following components:
Asphalt milling
Concrete curb and sidewalk replacement in select areas
Replacement of concrete curb ramps to achieve ADA compliance
Storm drainage improvements at the Eagle River bridge
Storm water quality treatment structure
Activated flashing beacons at the Eagle Valley Trail crossing
Asphalt repair
Asphalt overlay
Pavement marking along the length of the road
Concrete sidewalk and curb ramp replacement along the Avon Elementary School frontage
Concrete replacement at the Aspens Bus Stop adjacent to the courts
FIGURE 1: West Beaver Creek Blvd Asphalt Overlay Site Map
Page 2 of 3
Staff advertised the West Beaver Creek Boulevard Asphalt Overlay Project for (4) weeks in local
newspapers and on Bidnet.com. The Bid Opening was held on July 28, 2022, and 360 Paving LLC
submitted the only bid for $880,754.
During vetting of the bid, the Engineering Department contacted the Town of Vail and ERWSD regarding
construction cost inflation on recently bid projects and both noted very high costs in addition to difficulty
obtaining bids. United Companies, who have bid and constructed similar projects for us in the past noted
that their crews are currently booked thru early summer 2023 and indicated that 2023 construction costs
would likely increase due to rising cost of labor, trucking and materials. 360 Paving LLC confirmed 2023
construction cost increases.
Staff recommends the construction contract be awarded to 360 Paving LLC for the following reasons:
Construction cost would likely increase if the Project was deferred and rebid.
The Town has completed successful projects with 360 Paving LLC in the past, most recently the
Mikaela Way & Town Hall Asphalt Overlay Project in 2021 and the Eaglebend Drive Asphalt
Overlay Project in 2020.
360 Paving LLC is based in Gypsum, CO and has been in business since 2015 however many
current employees have worked with other asphalt paving contractors in the Eagle River Valley
since the 80’s and 90’s.
Construction Schedule: The proposed work is scheduled to begin in early September and an approximate
six-week construction period is anticipated. Contractually, the work must be completed by November 1,
2022. Liquidated damages will be assessed at $1,500 / day if the project completion data extends after
November 1, 2022.
FINANCIAL CONSIDERATIONS: The construction contract for the Project will be funded from the 2022
Street Improvements Projects budget as approved in the Town of Avon 2022 Capital Projects Fund. The project
budget will have to be increased by $217,292 in the next Capital Project Funds budget amendment. The
Project cost estimate is shown in Table 1 below and includes 5% contingency.
Table 1: West Beaver Creek Boulevard Asphalt Overlay Project Cost Estimate
Available Funds Budget $715,000
Construction Cost $880,754
Geotechnical Testing Services $7,500
Contingency (5 %) $44,038
Total $932,292
Council can direct me to reduce cost of the project to within the original project budget by omitting the water
quality treatment structure, bus stop concrete replacement, a portion of sidewalk replacement, and
Page 3 of 3
drainage improvements near the Eagle River bridge. I do not recommend removing these items as they
are necessary for public safety and protection of the Eagle River.
RECOMMENDATION: Staff requests Council authorization to award the West Beaver Creek Boulevard
Asphalt Overlay Project Contract to 360 Paving LLC in the amount of $880,754.
PROPOSED MOTION: Motion to authorize issuance of Notice of Award for the Mikaela Way & Town Hall
Asphalt Overlay Project contract to 360 Paving LLC, in the amount of $880,754 as approved in the Town of
Avon 2022 Capital Projects Fund and adjust the project budget to $932,292 in the next budget amendment.
Thank you, Justin
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Eric Heil, Town Manager
RE: EPA Fiscal Analysis
DATE: August 5, 2022
SUMMARY: Attached to this report is the DRAFT Fiscal Analysis from Economic & Planning Systems, Inc.
(“EPS”). This Fiscal Analysis Report updates and expands an early Fiscal Analysis report prepared by EPS
in 2018. This serves a great tool to benchmark the Town of Avon’s finances, revenues and taxes compared
to other mountain resort communities. Council comments, questions and direction is welcome. This is a
DRAFT document that Staff will finalize internally and make available to the public through our website as
well as post through our social media outlets and news letter.
This document is planned to be updated every three years to serve as a snapshot of the Town of Avon’s
finances compared to our peer communities.
No action is required by Council. A power point presentation will run through the different topic areas and
highlight comparisons to other communities.
Thank you, Eric
Economic & Planning Systems, Inc.
The Economics of Land Use
Prepared by:Prepared for:
Town of Avon
Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
July 14, 2022 EPS #213079
ATT A: EPS Fiscal Analysis Report
ATT A: EPS Fiscal Analysis Report
ii Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
Table of Contents
2
3
4
1
5
6
Introduction and Town Profile 1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Town Profile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Demographic Snapshot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Comparison Municipalities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Peer Municipality Comparison 11
Demographics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Municipal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
General Fund Revenues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Property Tax Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Other Revenue Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Mountain Resort Host Community Comparisons 19
Sales Tax 19
Lodging and Ski Lift Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Property Tax and Real Estate Cost of Ownership 23
Metro Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Real Estate Transfer Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Cost of Ownership Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25
Inflow–Outflow Analysis 29
Taxable Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Expenditure Patterns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
Store Sales by Demand Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
Revenue Outlook 35
Planned Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Estimated Tax Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
ATT A: EPS Fiscal Analysis Report
Economic & Planning Systems, Inc . iii
Ta
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Table 1 . Municipal Services Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Table 2 . Total Annual Estimated Tax Revenue, Town of Avon . . . . . . . . . . . . . . . . .6
Table 3 . Avon Full-Time Employees, 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Table 4 . Demographic Summary, 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Table 5 . Avon Residential and Commercial Construction, 2011-2021 . . . . . . . . . . . .8
Table 6 . Comparison Communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Table 7 . Demographics, Peer Communities, 2021 . . . . . . . . . . . . . . . . . . . . . . . . 12
Table 8 . Services Provided, Peer Communities . . . . . . . . . . . . . . . . . . . . . . . . . 12
Table 9 . Full-Time Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Table 10 . General Fund Revenue Summary, Peer Communities, 2021 . . . . . . . . . . 15
Table 11 . Additional Revenue Sources, Peer Communities . . . . . . . . . . . . . . . . . . 18
Table 12 . Sales Tax Collections, 2018-2020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Table 13 . Lodging, STR, and Ski Tax, Comparison Cities . . . . . . . . . . . . . . . . . . . . 21
Table 14 . RETT and RETA Rates in Colorado . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Table 15 . RETT Revenues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Table 16 . Seven Year Cost of Ownership Analysis . . . . . . . . . . . . . . . . . . . . . . . . . 26
Table 17 . Taxable Sales, Town of Avon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
Table 18 . Housing Unit Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Table 19 . Expenditure Potential, Full-Time Resident and Second Homeowner . . . . . 30
Table 20 . Retail Sales Capture, Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Table 21 . Retail Sales Capture, Part-Time Residents . . . . . . . . . . . . . . . . . . . . . . . 31
Table 22 . Visitor Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Table 23 . Visitor Spending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Table 24 . Store Sales by Demand Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
Table 25 . Proposed Development, Town of Avon . . . . . . . . . . . . . . . . . . . . . . . . 35
Table 26 . Development Market Value Estimates . . . . . . . . . . . . . . . . . . . . . . . . .36
Table 27 . Estimated Annual Property Tax Revenue . . . . . . . . . . . . . . . . . . . . . . .36
Table 28 . Estimated Hotel and STR Sales and Lodging Tax Revenue . . . . . . . . . . . . 37
Table 29 . Estimated Gas Station Sales Tax Revenue . . . . . . . . . . . . . . . . . . . . . . . 38
Table 30 . Total Annual Estimated Tax Revenue, Town of Avon . . . . . . . . . . . . . . . . 38
Table A1 . Sales Tax Rates, Peer Communities, 2021 . . . . . . . . . . . . . . . . . . . . . . .40
Table A2 . Mill Levies, Peer Communities, 2021 . . . . . . . . . . . . . . . . . . . . . . . . . .40
Table A3 . Sales Tax with Retail Sales Fee, Peer Communities . . . . . . . . . . . . . . . . 41
Table A4 . Lodging and STR Tax, Peer Communities . . . . . . . . . . . . . . . . . . . . . . . 41
Table A5 . Metro District Mill Levies, 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
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iv Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
Fi
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Figure 1 . Seven Year Tax Cost of Ownership on a Home . . . . . . . . . . . . . . . . . . . . .4
Figure 2 . Store Sales by Demand Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Figure 3 . General Fund Revenue, 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Figure 4 . General Fund Revenue per Housing Unit, 2021 . . . . . . . . . . . . . . . . . . . 14
Figure 5 . Major General Fund Revenue Source, 2021 . . . . . . . . . . . . . . . . . . . . . . 14
Figure 6 . Sales Tax Rates, 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Figure 7 . Property Mill Levies, 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Figure 8 . Sales Tax Rate, 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Figure 9 . Lodging Tax Rate, 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Figure 10 . Combined Sales, Lodging, and STR Tax Rate, 2021 . . . . . . . . . . . . . . . . .22
Figure 11 . Vail Valley Metro District Mill Levies . . . . . . . . . . . . . . . . . . . . . . . . . . .23
Figure 12 . Vail Valley Metro District Mill Levies . . . . . . . . . . . . . . . . . . . . . . . . . . .24
Figure 13 . Seven Year Cost of Ownership Analysis . . . . . . . . . . . . . . . . . . . . . . . . 25
Figure 14 . National Property Tax Comparison, 2019 . . . . . . . . . . . . . . . . . . . . . . . 27
Figure 15 . Store Sales by Demand Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
ATT A: EPS Fiscal Analysis Report
Introduction
The Town of Avon’s 2017-2019 Strategic Plan directed that consultant services be
retained to analyze revenues collected from all major sources including the Real
Estate Transfer Tax (RETT) . In 2018, as part of that effort, EPS was retained to conduct a
comprehensive revenue analysis for the Town compared to several peer municipalities,
resort host towns, and residential areas in Eagle County .
This report is an update of the 2018 report and addresses specific stakeholder comments
from the prior report, adds an expanded set of peer municipalities, and includes a cost
of ownership analysis to help measure the impacts of one-time RETTs . The purpose is to
provide comparison data in the following areas to inform the Town Council and Staff’s
considerations on revenue sources, tax levels, and funding strategies .
X Revenue diversity – How reliant is the Town on sales and lodging tax compared to
peer communities?
X Sales and use and lodging tax rates – How do the town’s tax rates compare to
surrounding areas, including the effect of add-ons such as resort taxes and public
improvement fees?
X Property Tax and Real Estate Cost of Ownership – How do property taxes and real
estate transfer taxes or fees compare to major residential areas in the Vail Valley?
What is the cost in taxes and transfer fees of owning the same priced home in
different areas of the Vail Valley and Eagle County?
1. Introduction and Town Profile
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1. The Town of Avon provides a full range of municipal services to its residents
and guests similar to other peer comparison municipalities. However, Avon is
distinguishable from several municipalities because it operates its own free public
transit system.
Avon is a full-service municipality with a staff of approximately 100 full time employees .
The Town’s major services include public safety, public works, culture-recreation,
community development, and Town general government and administrative functions
including Mayor and Town Council, Planning and Zoning Commission, Town Attorney,
Town Clerk, and Municipal Court as shown in Table 1 . The Town also operates a free
public transportation system, similar to Breckenridge and Vail . Only Vail and Steamboat
have their own fire departments; special districts provide fire and EMS coverage in Avon
and each of the other peer comparison municipalities .
The Town’s transit system costs approximately $2 .1 million annually to operate . Funding
is provided by the General Fund ($1 .3 million, 60%) with the remainder coming from
various other revenues sources including property taxes, charges for services, and
operating grants . Vail and Breckenridge are the only other comparison municipalities
who operate transit systems .
Avon provides this level of service with comparatively lean staffing levels . Out of 10
municipalities analyzed, Avon has the second lowest staffing levels (ranked 8th) when
normalized for the size of the community (employees per housing unit) .
Table 1. Municipal Services Comparison
Description
Fire/
EMS Police
Parks &
Rec
Rec.
Facilities
Public
Transit
Public
Works
Avon ✔✔✔✔✔
Basalt ✔✔✔✔✔
Breckenridge ✔✔✔✔✔
Eagle ✔✔✔ ✔
Frisco ✔✔✔ ✔
Silverthorne ✔✔✔ ✔
Snowmass ✔✔✔✔✔
Steamboat ✔✔✔✔ ✔
Telluride ✔✔✔✔✔
Vail ✔✔✔✔✔✔
Winter Park ✔✔✔ ✔
Source: Economic & Planning Systems
2 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
2. The Town of Avon is average in terms of the diversity of its revenues with about 57
percent coming from sales tax, but better off than communities with less assessed
value or no general property tax.
Municipalities with a heavy reliance on just one or two revenue sources can be more
susceptible to economic and market downturns . In Avon, 56 .9 percent of the General
Fund revenue came from sales tax in 2021 which is almost exactly the average of the
peer municipalities in which sales tax was on average 57 percent of the General Funds
in 2021 .
Property tax, while only about 10 percent of the General Fund, is an important revenue
that provides more stability than sales tax outside of abnormal housing market
downturns . In the peer municipalities property tax ranged from 1 .4 percent to 16 .0
percent of general fund revenues among the peer communities . In Avon, 9 .6 percent
of general fund revenues were generated from property tax, the fourth-highest of the
peer municipalities behind Breckenridge (16 percent), Vail (14 .5 percent), and the much
smaller Town of Basalt (13 .6 percent) .
Steamboat Springs and Silverthorne do not levy a general property tax and rely more
heavily on sales and lodging tax .
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3. Even with the Town’s 2.0 percent real estate transfer tax (RETT), the taxes on
owning and selling a home in Avon over seven years are lower than many areas of
the Vail Valley and Eagle County.
The Town’s 2 .0 percent RETT is higher than most other areas of Eagle County where 1 .0
percent RETTs are more common . The highest transfer fee however is found in Beaver
Creek at 2 .375 percent .
The total property tax mill levy in Avon is 62 .617 . This is similar to Edwards (59 .002), Berry
Creek (64 .049), and Arrowhead (68 .161) metro districts . Total mill levies in Avon are about
10 mills lower than Eagle-Vail and Beaver Creek; 29 mills lower than Eagle Ranch; and
more than 50 mills lower than Red Sky Ranch and Cordillera . The total mill levy in Vail
is about 10 mills less than in Avon, but property values are considerably higher in Vail,
making property taxes higher as well .
Using these mill levies and local RETT and real estate transfer assessment (RETA) rates,
EPS estimated the tax cost of owning a home in several areas of the Vail Valley and
Eagle County using a $700,000 median home price (Eagle County, 2021) . As shown
below, Avon has a lower seven year cost of ownership than Red Sky Ranch, Cordillera,
Cotton Ranch, and Eagle Ranch . It is assumed that the RETT or RETA are split equally
by buyer and seller . While there is not a lot of residential development in the Village at
Avon metro district today, it has the highest cost of ownership .
Figure 1. Seven Year Tax Cost of Ownership on a Home (Property Tax, and RETT or RETA)
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
Village at
Avon
Red Sky
Ranch
Metro
District
Cordillera
Metro
District
Cotton
Ranch
Metro
District
Eagle Ranch
Metro
District
Town of
Avon
Minturn Gypsum Beaver
Creek
Metro
District
Eagle-Vail Arrowhead
Metro
District
Berry Creek
Metro
District
Vail Town of
Eagle
Edwards
Metro
District
Estimated Cost of Ownerhsip
Chart Title
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\213079 Avon Revenue and Economic Study\Data\213079-Peer Community Budget.xlsx
4 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
4. Full-time residents in Avon are estimated to generate 21.6 percent of retail sales or
about 1 out of every 5 sales tax dollars. Conversely, visitors and other people in the
region contribute about 4 out of every 5 dollars in sales tax.
Like many other mountain towns, Avon’s retail economy is largely driven by overnight
visitors and second homeowners . An estimated 46 .5 percent of Avon’s retail sales
are driven by regional inflow (spending from the larger Vail Valley and I-70 Corridor) .
Another 28 .3 percent of sales are estimated to come from visitors, and about 3 .6 percent
from part time residents in the Town as shown in Figure 2 .
Figure 2. Store Sales by Demand Segment
46.5%
28.3%
21.6%
3.6%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
Regional Inflow
Overnight Visitors
Residents
Second Homeowners
Estimated % of Store Sales
Chart Title
Source: Economic & Planning Systems
[link to source]
Economic & Planning Systems, Inc . 5
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5. There are seven significant development projects in the Town expected over the
next five years. They are projected to generate $374,050 in new town tax revenue,
with $85,021 coming from the Village at Avon Hotel.
The planned development projects include a 4,425 square foot Maverik gas station, a
243 room hotel, and several condominium and townhome projects . The Village at Avon
Hotel is estimated to account for approximately 23 percent of these projected revenues,
highlighting the importance of non-residential development that generates sales and/
or lodging tax and higher property taxes per dollar of assessed value . The total revenue
generated for the Town from these projects, shown below in red font, would represent
an estimated 1 .8 percent increase from the 2021 general fund revenue .
Table 2. Total Annual Estimated Tax Revenue, Town of Avon
From Retail Sales From Lodging Sales Totals
Location and Project
Town
Prop. Tax
Retail
Sales Fee PIF
Town
Sales Tax
Lodging
Tax/Fee STR Tax
All Taxes
and Fees Town Only
8.956 mills 4.00%0.75%4.00%4.00%2.00%
Village at Avon [1]
Maverik Gas Station $3,735 $53,100 $9,956 $2,522 ------$69,313 $6,257
Village at Avon Hotel 6 3 ,113 461,214 86,478 21,908 $461,214 ---1,093,926 85,021
Total $66,848 $514,314 $96,434 $24,430 $461,214 $0 $1,163,240 $91,278
Other Areas
Riverfront Townhomes $16,183 ------$7,473 $7,473 $3,737 $34,867 $27,394
Riverfront Condos 37,347 ------22,995 22,995 11, 49 8 94,834 71,839
Frontgate Townhomes 11,204 ------5,174 5,174 2,587 24,139 18,965
Frontgate Condos 70,025 ------4 3 ,116 4 3 ,116 21,558 177,814 134,698
McGrady Acres Townhomes 29,877 ---------------29,877 29,877
Total $164,636 $0 $0 $78,758 $78,758 $39,379 $361,531 $282,773
Total Town Revenue $231,484 $103,188 $78,758 $39,379 $374,050
2021 General Fund Revenue $2,047,905 ------$12,139,470 $2,017,544 ---$21,326,845 $21,326,845
% Impact 8.0%------0.6%3.9%------1.8%
[1] 4.00% Town Sales Tax is applied on the 4.75% Retail Sales Fee & PIF for developments in Village (at Avon)
Source: Economic & Planning Systems
6 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
Table 3. Avon Full-Time Employees, 2021
Town Profile
Avon is a home rule municipality
in Eagle County located along I-70,
eight miles west of Vail . It is an
important shopping, services, and
visitor destination in the Vail Valley
and Colorado in general . Avon is a
commercial hub for the region with
major shopping locations including a
Walmart Supercenter, Home Depot,
City Market, several sporting goods
stores, and other retail businesses,
restaurants, and hotels .
While not a direct ski area portal
like Vail or Breckenridge, Avon is the
primary access point to Beaver Creek
Ski Resort (owned by Vail Resorts),
which attracts approximately 900,000 annual skier visits compared to 1 .4 to 1 .6 million at Vail
and Breckenridge . Beaver Creek and its associated base village and nearby neighborhoods
such as Bachelor Gulch are in unincorporated Eagle County . Avon is connected to Beaver
Creek by the Riverfront Gondola, which travels to Beaver Creek Landing from Avon Station .
The Town also has a free bus service to bring residents and visitors to Avon Station and a
winter skier shuttle that takes skiers up to Beaver Creek Village .
Avon is a full-service municipality with a staff of nearly 100 full-time employees, as shown
in Table 3 . The Town’s major services include a Police Department, a Public Works
Department, plus Town government and administrative functions including the Mayor
and Town Council, Planning and Zoning Commission, Town Attorney, Town Clerk, and
Municipal Court . The Town does not have its own Fire Department; fire protection is
provided by the Eagle River Fire Protection District .
Department
Full-Time
Positions
General Government 7.00
Human Resources 3.75
Finance & IT 10.00
Community Development 4.00
Police 23.00
Public Works 17.00
Engineering 7.00
Recreation 10.00
Mobility 9.00
Fleet Maintenance 9.00
Total 99.75
Source: 2021 Avon Adopted Budget;
Economic & Planning Systems
The Town also operates its own free public
transportation system consisting of three in-town
shuttles (Blue Line, Red Line, and Avon Loop Night
Rider), a skier shuttle to Beaver Creek, and an
evening restaurant shuttle connecting Avon with
Beaver Creek Resort . The Town’s transit system
complements but is separate from regional
commuter service provided by the Eagle County
Regional Transit Authority .
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Demographic Snapshot
Avon has a full-time resident population estimated at 6,072, as shown in Table 4 .
Avon’s population is younger on average than Eagle County’s, with a median age of
33 .1 compared to 36 .0 countywide . Also, average household size in Avon is 2 .79, which
is similar to the County average of 2 .71 . As of 2021, Avon’s average household income is
$104,554, 22 percent lower than the countywide average of $127,705; Median household
income for Avon is $78,031, while Eagle County is $92,631 .
In Avon, about 39 percent of the households are non-family households (roommates
and people living alone), as shown in Table 4 . Family households (related by blood or
marriage) comprise 61 percent of all households . A household is a person or a group of
people, related by blood or unrelated (“non-family households”), living in one occupied
dwelling unit .
Table 4. Demographic Summary, 2021
Description Avon
Eagle
County
Population 6,072 57,726
Household Income
Average Household Income $104,554 $127,705
Median Household Income $78,031 $92,631
Average Household Size 2.79 2.71
Median Age 33.1 36.0
Housing Type
Family Household 60.7%66.2%
Non-Family Household 39.3%33.8%
Tenure
Owner Occupied 51.2%68.3%
Renter Occupied 48.8%31.7%
Households
Families with children under 18 years 34.5%31.8%
Source: ESRI; U.S. Census; Economic & Planning Systems
Since 2011 372 new residential units and nearly 690,000 square feet of commercial
space were built in Avon, as shown in Table 5 . Since 2011, the largest residential project
that delivered in the Town of Avon was the Riverfront Townhomes, which completed
in 2019 . These building permit trends are indicative of a community that is largely built
out . Construction is comprised of smaller infill projects punctuated by occasional larger
development and redevelopment projects .
Table 5. Avon Residential and Commercial Construction, 2011-2021
2011-2020
New Construction 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Total Ann. #
Residential Units 9 8 12 10 10 7 6 20 278 12 372 41
Commercial Sq. Ft.54,250 217,293 0 114,614 90,309 60,043 93,579 23,276 36,082 0 689,446 76,605
Source: Town of Avon Community Development Department; Economic & Planning Systems
8 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
Comparison Municipalities
For revenue and tax rate comparisons, three sets of comparison or “peer” communities
were defined as summarize below and listed in Table 6 .
X Peer Comparison: Data collected for comparison of municipalities with similar
economic structures include demographics, services provided, employee metrics, and
a general fund revenue analysis.
X Mountain Resort Host Communities: Data collected for comparable ski resort
municipalities where ski areas have major infrastructure. Sales and lodging tax
comparisons are further evaluated.
X Property Tax and Real Estate Cost of Ownership: Data collected for comparison
include property tax and Real Estate Transfer Taxes (RETT) and Real Estate Transfer
Assessments (RETA) costs for Eagle County municipalities with RETT and large metro
districts.
Table 6. Comparison Communities
Description Peer Comparison
Mountain Resort
Host Comparison
Property Tax/ RETT
Comparison
Comparisons Revenues (Budget)Sales & Lodging Tax Cost of Ownership
Aspen ✔
Arrowhead Metro District ✔
Basalt ✔
Beaver Creek ✔
Beaver Creek Metro District ✔
Berry Creek Metro District ✔
Breckenridge ✔✔
Copper Mountain ✔
Cordillera Metro District ✔
Cotton Ranch Metro District ✔
Eagle ✔ ✔
Eagle Ranch Metro District ✔
Eagle-Vail ✔
Edwards Metro District ✔
Frisco ✔✔
Gypsum ✔
Keystone ✔
Minturn ✔
Mountain Village ✔
Red Sky Ranch Metro District ✔
Silverthorne ✔
Snowmass Village ✔✔
Steamboat Springs ✔✔
Telluride ✔✔
Vail ✔✔✔
Village at Avon ✔
Winter Park ✔✔
Source: Economic & Planning Systems
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This chapter provides a summary of demographics, services, and budget comparisons
between the Town of Avon and peer municipalities including:
X Basalt
X Breckenridge
X Eagle
X Frisco
X Silverthorne
X Snowmass Village
X Steamboat Springs
X Telluride
X Vail
X Winter Park
The main purpose of this chapter is to evaluate how Avon’s mix of general fund revenues
compare to similar municipalities . Towns and cities are generally more resilient when not
dependent on just one revenue source .
Demographics
Avon (pop . 6,952) is the third-largest of the peer municipalities in terms of population,
as shown in Table 7 . However, in mountain communities, the local government and
other service providers serve a large population comprised of full time residents, part time
residents and second homeowners, and overnight visitors . A key metric in mountain
communities is therefore the number or percentage of housing units that are classified
as “vacant” . Vacant housing units as defined in Census and other demographic data
include a range of housing units that are not lived in by full time residents . In this report,
some revenues and other data are evaluated on a per housing unit basis as the number
of housing units is a proxy for the size of the total service population (full and part time
residents and guests) .
Approximately 34 .9 percent of housing units were classified as vacant in Avon, the fourth-
lowest of the peer municipalities . Only Basalt and Eagle have a lower percentage of
second homes, conversely representing that they have a higher percentage of full-time
residents . In the Town of Winter Park, approximately 80 .7 percent of housing units were
classified as vacant, the highest among the peer municipalities .
2. Peer Municipality Comparison
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Table 7. Demographics, Peer Communities, 2021
Description
Housing Units
Population Owner Renter
Vacant/
2nd Homes Total
Avon 6,072 33.3%31.8%34.9%100.0%
Basalt 4,416 58.5%25.7%15.9%100.0%
Breckenridge 4,808 13.5%14.2%72.3%100.0%
Frisco 2,848 25.7%15.6%58.7%100.0%
Eagle 7,016 66.3%25.2%8.4%100.0%
Silverthorne 4,134 43.4%26.2%30.4%100.0%
Snowmass 2,916 30.2%25.2%44.7%100.0%
Steamboat 13,387 31.6%21.6%46.8%100.0%
Telluride 2,503 21.2%33.9%45.0%100.0%
Vail 5,835 19.6%16.6%63.8%100.0%
Winter Park 1,121 9.6%9.7%80.7%100.0%
Source: Economic & Planning Systems
Municipal Services
People living in municipalities benefit from a more complete suite of services from
the City or Town . This level of service can be higher in the City or Town than in an
unincorporated area even when the unincorporated area is served by special taxing
districts . Common municipal services for most the peer municipalities include
police, parks and recreation, recreational facilities, and public works, as shown in Table 8 .
Steamboat Springs and Vail are the only municipalities with their own Fire Departments,
while Avon is served by the Eagle River Fire Protection District . Six of the municipalities
operate their own transit system, including Avon, while Eagle, Frisco, Silverthorne,
Steamboat, and Winter Park rely on regionally funded transportation .
Table 8. Services Provided, Peer Communities
Description Fire/EMS Police
Parks &
Rec
Rec.
Facilities
Public
Transit
Public
Works
Avon ✔✔✔✔✔
Basalt ✔✔✔✔✔
Breckenridge ✔✔✔✔✔
Eagle ✔✔✔ ✔
Frisco ✔✔✔ ✔
Silverthorne ✔✔✔ ✔
Snowmass ✔✔✔✔✔
Steamboat ✔✔✔✔ ✔
Telluride ✔✔✔✔✔
Vail ✔✔✔✔✔✔
Winter Park ✔✔✔ ✔
Source: Economic & Planning Systems
12 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
Staffing
In 2021 Avon had nearly 100 full-time
employees, the fifth-highest of the
peer municipalities, as shown in Table
9 . Municipal staffing levels typically
directly relate to the size of the
community, however, to normalize
for the size of the local and guest
populations, the number of employees
per housing unit were calculated .
Silverthorne had approximately 46 .63
full-time employees per thousand
housing units, the highest of the
peer municipalities, while Avon
had 26 .06 full-time employees per
housing unit, ranking eighth out of
the 10 peer municipalities .
Description
FT
Employees
Per Thousand
Housing Units
Per Housing
Unit Rank
1=Highest
Silverthorne 105.00 46.63 1
Vail 336.00 42.29 2
Telluride 84.00 39.40 3
Frisco 98.00 38.28 4
Breckenridge 253.00 33.52 5
Snowmass 75.00 30.34 6
Steamboat 300.78 27.49 7
Avon 99.75 26.06 8
Basalt 36.00 16.27 9
Eagle 50.00 14.80 10
Source: Economic & Planning Systems
Table 9. Full-Time Employees
General Fund Revenues
This section provides a summary of revenues for the Town of Avon and the peer
municipalities including total revenues and revenues by source .
Revenues
As of 2021, the Town of Avon’s general fund revenue was $21 .3 million, making it the
fourth-largest in general fund revenue of the peer municipalities, as shown in Figure
3 . When normalized per housing unit, Avon has similar funding levels as Silverthorne,
Telluride, Frisco, and Vail . Avon’s per housing unit general fund revenue of $5,573 was the
third-highest of the peer municipalities, as shown in Figure 4 . Snowmass Village’s general
fund revenue per housing unit of $7,627 was the highest of the peer municipalities .
Figure 3. General Fund Revenue, 2021
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
Vail Steamboat Brekenridge Avon Snowmass Frisco Silverthorne Telluride Eagle Winter Park Basalt
Total General Fund, 2021
Chart Title
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\213079 Avon Revenue and Economic Study\Data\213079-Peer Community Budget.xlsx Economic & Planning Systems, Inc . 13
ATT A: EPS Fiscal Analysis Report
Figure 4. General Fund Revenue per Housing Unit, 2021
$0
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
$7,000
$8,000
Snowmass Silverthorne Avon Telluride Frisco Vail Basalt Steamboat Winter Park Breckenridge Eagle
General Fund Revenue
per Housing Unit, 2021
Chart Title
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\213079 Avon Revenue and Economic Study\Data\213079-Peer Community Budget.xlsxMunicipalities with a heavy reliance on just one or two revenue sources can be more
susceptible to economic and market downturns . As sales tax revenues are generally
more volatile, municipalities with a lower reliance on sales tax revenue and more diverse
revenue sources could be more resilient in economic downturns . Among all peer
municipalities, sales and use tax and property tax were the largest revenue sources, as
shown in Figure 5 and Table 10 .
Figure 5. Major General Fund Revenue Source, 2021
76.0%
58.4%
67.7%
52.2%56.9%
65.4%63.3%61.7%
53.1%
39.3%
29.8%
4.0%
13.6%3.5%
14.5%9.6%1.4%
6.6%
16.0%
4.7%
19.9% 28.0% 28.9% 33.2% 33.5% 34.6% 35.3% 38.3% 40.3% 44.8% 65.5%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Eagle Basalt Winter Park Vail Avon Steamboat Frisco Silverthorne Telluride Breckenridge Snowmass
% of General Fund
Revenue, 2021
Chart Title
Sales Tax Property Tax All Other
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\213079 Avon Revenue and Economic Study\Data\213079-Peer Community Budget.xlsx
Average Peer
Community Sales Tax
Percent of General Fund:
56.7%
Breckenridge and Snowmass Village were the only two municipalities with less than
50 percent of their general fund revenues generated from sales tax . An average of
56 .7 percent of general fund revenues were generated from sales tax among the peer
municipalities . Four of the municipalities (Vail, Telluride, Breckenridge, and Snowmass)
were below that average .
In Breckenridge, sales tax accounts for 39 .3 percent of revenue due to high revenues
from property tax and recreation facility fees (user fees) . In Snowmass Village, sales tax
accounts for just 29 .8 percent of revenue, as the Village receives a large amount of revenue
from service fees . In Avon, sales tax accounted for $12 .1 million, or 56 .9 percent of general
fund revenue, and property taxes accounted for $2 .0 million, or 9 .6 percent, with the
two accounting for 66 .5 percent of general fund revenue, the fifth-highest of the peer
communities .
14 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
Property tax revenue, which is generally more stable than sales tax collections, ranged from 1 .4 percent to 16 .0 percent of general fund revenues
among the peer communities . In Avon, 9 .6 percent of general fund revenues were generated from sales tax, the fourth-highest of the peer
municipalities . This still shows however the Town’s reliance on sales tax which is over half of its General Fund revenue .
Table 10. General Fund Revenue Summary, Peer Communities, 2021
Eagle County Summit County Pitkin County San Miguel County Routt County Grand County
Revenue Avon Vail Eagle
Brecken-
ridge Frisco
Silver-
thorne
Snowmass
Village Basalt Telluride
Steamboat
Springs Winter Park
2021 Revenues
Sales & Use Tax $12,139,470 $21,500,000 $6,658,000 $8,609,623 $8,900,000 $8,011,359 $5,623,751 $4,857,702 $6,293,540 $24,717,940 $5,871,697
Property Tax 2,047,905 5,975,000 353,142 3,500,910 193 , 011 0 881,050 1,133,172 783,145 0 300,407
Lodging Tax 2,017,544 0 0 0 0 0 0 0 0 0 0
RETT 0 0 0 0 0 779,240 0 0 0 0 1,513,430
Intergovernmental 1,169,778 2,324,872 574,045 1,099,573 206,000 100,000 1,041,254 276,859 538,247 2,681,645 45,500
All Other 3,952,148 11,350,340 1,170,040 8,721,165 4,750,600 4,096,728 11,308,074 2,047,431 4,231,909 10,423,811 946,180
Total $21,326,845 $41,150,212 $8,755,227 $21,931,271 $14,049,611 $12,987,327 $18,854,129 $8,315,164 $11,846,841 $37,823,396 $8,677,214
$21.3M $41.2M $8.8M $21.9M $14.0M $13.0M $18.9M $8.3M $11.8M $37.8M $8.7M
Percent
Sales & Use Tax 56.9%52.2%76.0%39.3%63.3%61.7%29.8%58.4%53.1%65.4%67.7%
Property Tax 9.6%14.5%4.0%16.0%1.4%0.0%4.7%13.6%6.6%0.0%3.5%
Lodging Tax 9.5%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%
RETT 0.0%0.0%0.0%0.0%0.0%6.0%0.0%0.0%0.0%0.0%17.4%
Intergovernmental 5.5%5.6%6.6%5.0%1.5%0.8%5.5%3.3%4.5%7.1%0.5%
All Other 18.5%27.6%13.4%39.8%33.8%31.5%60.0%24.6%35.7%27.6%10.9%
Total 100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%
Housing Units 3,827 7,946 3,378 7,548 2,560 2,252 2,472 2,213 2,132 10,943 2,813
2021 Per Housing Unit
Sales & Use Tax $3,172 $2,706 $1,971 $1,141 $3,477 $3,557 $2,275 $2,195 $2,952 $2,259 $2,087
Property Tax 535 752 105 464 75 0 356 512 367 0 107
Lodging Tax 527 0 0 0 0 0 0 0 0 0 0
RETT 0 0 0 0 0 346 0 0 0 0 538
Intergovernmental 306 293 170 146 80 44 421 125 252 245 16
All Other 1,033 1,428 346 1,155 1,856 1,819 4,574 925 1,985 953 336
Total $5,573 $5,179 $2,592 $2,906 $5,488 $5,767 $7,627 $3,757 $5,557 $3,456 $3,085
Source: Economic & Planning Systems
Economic & Planning Systems, Inc . 15
ATT A: EPS Fiscal Analysis Report
Sales and Use Tax Rates
As noted in the previous sections, sales and use tax represents the largest revenue source
for most municipalities . As sales tax rates directly affect the amount of general fund
revenue raised, and the amount that guests or locals pay for goods and services, local
governments may be influenced to maintain competitiveness and keep rates similar to
nearby communities . The Town of Avon has a total sales tax rate of 8 .4 percent, which is
comparable to the other Eagle County municipalities, as shown in Figure 6 and Appendix
Table A1 . Winter Park and Snowmass Village have the highest combined sales tax rates,
with rates of 11 .2 percent and 10 .4 percent, respectively .
Figure 6. Sales Tax Rates, 2021
7.00%
3.90%4.50%
2.50%
4.75%
4.00% 4.00%
4.50%
2.00% 2.00%
3.00%
2.90%
2.90%
2.90%
2.90%
2.90%
2.90%
2.90% 2.90%
2.90%
2.90% 2.90%
2.90%
1.30%
3.60%
1.00%
1.00%
2.00%
1.00%
1.00% 1.00%
1.00%
2.00% 2.00%
1.50%
4.75%
0.50%0.50%1.48%0.50% 0.50%1.48% 1.48%
11.20%
10.40%
9.15%8.90%8.88%8.65%8.40% 8.40% 8.40%8.38% 8.38%
7.40%
0.00%
2.00%
4.00%
6.00%
8.00%
10.00%
12.00%
Winter Park Snowmass Village (at
Avon)
Eagle Breckenridge Telluride Avon Vail Steamboat Frisco Silverthorne Basalt
Sales Tax, 2021
Chart Title
Town/City State County Retail Fee & PIF All Other
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\213079 Avon Revenue and Economic Study\Data\213079-Peer Tax.xlsx
16 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
Property Tax Rates
The total property tax mill levy in Avon is 62 .617 . This is similar to Edwards (59 .002), Berry
Creek (64 .049), and Arrowhead (68 .161) as shown in Figure 7 and Appendix Table A2 . It is
about 10 mills lower than Eagle-Vail and Beaver Creek; 29 mills lower than Eagle Ranch;
and more than 50 mills lower than Red Sky Ranch and Cordillera . The total mill levy in Vail
is about 10 mills less than Avon, but property values are considerably higher .
The Summit County municipalities are all at approximately 57 .000 mills . Within Eagle
County, Vail has the lowest mill levy . For a home price of $700,000, a homeowner in Avon
would pay approximately $3,134 annually in property tax, while a homeowner living in
Vail, with the lowest mill levy of the peer municipalities, would pay approximately $2,574
annually on the same value home . Vail is able to have lower property taxes however
because it receives almost twice as much sales tax as Avon .
Figure 7. Property Mill Levies, 2021
8.956 10.391
2.301 5.070 7.346 0.798 3.248 4.736 5.991
24.649 22.779
24.649 25.046 18.835
22.779
18.835 18.835 17.246
24.649
13.323
8.499 7.534
8.499
16.991 19.530
7.534 19.530 19.530
11.903
8.499
11.830
20.513 20.651 25.202 17.656 13.670 19.442 17.659 17.659 20.786 13.550
13.091
62.617 61.355 60.651 59.693 57.105 57.101 56.822 56.024 53.183 51.434
44.235
0.000
10.000
20.000
30.000
40.000
50.000
60.000
70.000
Avon Basalt Eagle Steamboat Breckenridge Snowmass Frisco Silverthorne Winter Park Vail Telluride
Property Mill Levies, 2021
Chart Title
Town/City School County All Other
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\213079 Avon Revenue and Economic Study\Data\213079-Peer Tax.xlsx
It is important to note that these property tax levies reflect the municipality’s general
mill levy and exclude metro districts, which are further evaluated in Chapter Four . In
the municipalities surveyed, Town or City levies are typically the smallest portion of the
total mill levy, with most variation derived from school and county levies . For example,
the Eagle County School District mill levy is 5 .814 mills higher than in Summit County,
and Town and City mill levies across the municipalities range from 0 .798 in Snowmass
Village to 10 .391 mills in Basalt . Steamboat does not have a general operating mill levy as
it eliminated its property tax in the 1980s to shift the tax burden to visitors and away from
businesses and residents .
Economic & Planning Systems, Inc . 17
ATT A: EPS Fiscal Analysis Report
Other Revenue Sources
Apart from property and sales tax revenues, the peer municipalities also collect several
other revenues . These include lodging taxes, recreational marijuana taxes, RETT, lift
ticket taxes, and tobacco and nicotine taxes, as shown in Table 11 . All municipalities
surveyed include a lodging tax, and almost all have a tobacco or nicotine tax . Four of the
municipalities have a local recreational marijuana tax in addition to the town/city sales tax .
There is no retail marijuana in Avon or Vail, although there are retail dispensaries in Eagle-
Vail in unincorporated Eagle County . Just four of the municipalities do not have a RETT or
Real Estate Transfer Assessment (RETA), which is further evaluated in Chapter Four .
Table 11. Additional Revenue Sources, Peer Communities
Description Lodging Tax
Recreational
Marijuana
Tax RETT
Lift Ticket
Tax
Tobacoo/
Nicotine
Tax
Avon ✔ ✔ ✔
Basalt ✔ ✔
Breckenridge ✔✔✔✔✔
Eagle ✔ ✔
Frisco ✔✔✔ ✔
Silverthorne ✔✔ ✔
Snowmass Village ✔✔✔ ✔
Steamboat Springs ✔ ✔
Telluride ✔ ✔
Vail ✔ ✔✔✔
Winter Park ✔ ✔ ✔
Source: Economic & Planning Systems
18 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
This chapter compares sales and
lodging tax rates in Avon to the
mountain resort host comparison
communities . For this analysis, an
expanded set of ski resort communities
is used, including:
X Aspen
X Beaver Creek
X Breckenridge
X Copper Mountain
X Frisco
X Keystone
X Snowmass Village
X Steamboat Springs
X Telluride
X Mountain Village
X Vail
X Winter Park
Sales Tax
Sales tax rates are generally similar across the mountain resort host communities,
as shown in Figure 8 and Appendix Table A3 . To better account for all of the costs
to consumers associated with all potential sales fees, EPS included additional sales
and resort fees in this comparison, such as Public Improvement Fees (PIF) and civic
assessment fees .
Avon charges a 4 .0 percent sales tax (General Fund) on retail purchases including food
for home consumption (groceries) . When combined with the State, county, and county
transit taxes, the total sales tax rate is 8 .4 percent . An additional 0 .750 percent PIF is
applied to sales at the Village at Avon . In the rest of the Town where the PIF does not
apply, Avon’s total sales tax is similar to other mountain communities, the same as Vail,
and just slightly higher than Aspen and Breckenridge .
3. Mountain Resort Host Community Comparisons
Economic & Planning Systems, Inc . 19
ATT A: EPS Fiscal Analysis Report
Winter Park, Snowmass Village, Beaver Creek, and Aspen have higher total sales tax
rates than Avon . Winter Park has the highest total sales tax rate, at 11 .2 percent, which
is driven by its 7 .0 percent town sales tax, the highest of the mountain resort and host
communities . While Beaver Creek has a low base sales tax, it has a Civic Assessment fee
of 5 .35 percent which is charged on total sales, bringing its total sales tax rate to 10 .250
percent . Keystone and Copper Mountain are in unincorporated Summit County and
therefore do not have a municipal sales tax, allowing them to have the lowest total sales
tax rates .
Figure 8. Sales Tax Rate, 2021
11.200%
10.400%
4.400%
9.300%
4.400%
8.875%8.650% 8.650%8.400% 8.400% 8.400%8.375%
6.375% 6.375%
5.350%
4.750%
0.500%
11.200%
10.400%
9.750%9.300%9.150%8.875%8.650% 8.650%8.400% 8.400% 8.400%8.375%
6.875%6.375%
0.000%
3.000%
6.000%
9.000%
12.000%
Winter Park Snowmass
Village
Beaver Creek Aspen Village (at
Avon)
Breckenridge Mountain
Village
Telluride Avon Vail Steamboat
Springs
Frisco Keystone Copper
Mountain
Sales Tax Rate, 2021
Chart Title
Sales Tax Retail Sales Fee/PIF Total
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\213079 Avon Revenue and Economic Study\Data\213079-Peer Tax.xlsx
In 2020, the Town of Avon collected approximately $9 .0 million in sales tax, up 8 .0
percent from 2018, the third-highest growth rate among the peer communities, as
shown in Table 12 . The 2021 Colorado Mountain Migration Report (Northwest Colorado
Council of Governments and Colorado Association of Ski Towns) reported an outflow of
residents coming from cities to high quality-of-life places, especially Colorado’s mountain
communities . This helped generate better than expected sales tax revenues despite
COVID-19 restrictions . In addition, the Wayfair State Supreme Court decision, which
allowed Colorado communities to collect online tax collections, further helped mountain
resort communities maintain sales tax collections during the pandemic .
Table 12. Sales Tax Collections, 2018-2020
Description
2018-2020
2018 2019 2020 % Change Ann. %
Avon $8,427,334 $9,020,664 $9,099,246 8.0%3.9%
Aspen $15,909,760 $17,200,101 $16,063,631 1.0%0.5%
Breckenridge $15,306,755 $16,548,676 $15,358,273 0.3%0.2%
Frisco $9,618,813 $10,236,448 $10,497,912 9.1%4.5%
Mountain Village $4,443,492 $5,037,531 $4,715,191 6.1%3.0%
Snowmass Village $2,125,123 $2,418,450 $2,133,137 0.4%0.2%
Steamboat Springs $25,915,144 $28,079,412 $27,693,978 6.9%3.4%
Telluride $ 7,111,934 $8,000,872 $7,708,983 8.4%4.1%
Vail $27,886,112 $29,405,828 $24,973,411 -10.4%-5.4%
Winter Park $8,818,827 $9,680,453 $8,534,056 -3.2%-1.6%
Source: Economic & Planning Systems
20 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
Lodging and Ski Lift Tax
Most of the peer ski resort communities have a lodging tax, while just three have a short-
term rental tax, and two resort communities have a ski lift tax, as shown in Table 13 .
Vail and Breckenridge have
established a ski lift tax of
4 .0 percent and 4 .5 percent,
respectively . In Vail, this revenue
is deposited into its General Fund .
The Town of Vail received about
$5 .3 million in revenue from its ski
lift tax in 2020 . In Breckenridge,
the tax is utilized for transportation
services and infrastructure . The
tax was approved by voters of
Breckenridge in November of 2015
and took effect in July of 2016 .
Breckenridge estimates about $3 .5
million in annual revenue from the
lift tax, and Vail Resorts agreed to a
revenue guarantee in this amount .
Most peer communities charge a lodging tax on short-term accommodations ranging
from 0 .96 percent in Beaver Creek to 4 .0 percent in Mountain Village and Avon, as shown
in Figure 9 and Appendix Table A4 . In addition, a few peer communities had dedicated
taxes on short-term accommodations, including Avon (2 .0 percent), Frisco (5 .0 percent),
and Telluride (2 .5 percent) . Avon had the highest combined sales and lodging tax, as
shown in Figure 10, driven by its above-average sales tax and highest lodging tax of the
peer municipalities .
Figure 9. Lodging Tax Rate, 2021
4.000% 4.000%
3.400%
3.000%
2.400%2.350%
2.000% 2.000%
1.400%
1.000%0.960%
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
Avon Mountain
Village
Breckenridge Steamboat
Springs
Snowmass
Village
Frisco Aspen Telluride Vail Winter Park Beaver Creek
Lodging Tax Rate, 2021
Chart Title
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\213079 Avon Revenue and Economic Study\Data\213079-Peer Tax.xlsx
Table 13. Lodging, STR, and Ski Tax, Comparison Cities
Description
Lodging
Tax STR Tax
Ski Lift
Tax
Avon ✔✔
Aspen ✔
Breckenridge ✔ 4.5%
Copper Mountain
Frisco ✔✔
Keystone
Mountain Village ✔
Snowmass Village ✔
Steamboat Springs ✔
Telluride ✔✔
Vail ✔ 4.0%
Winter Park ✔
Source: Economic & Planning Systems
Economic & Planning Systems, Inc . 21
ATT A: EPS Fiscal Analysis Report
Figure 10. Combined Sales, Lodging, and STR Tax Rate, 2021
8.375%9.150%8.400%8.650%
10.400%
8.650%8.875%
11.200%
9.300%9.750%
8.400% 8.400%
6.875%6.375%
2.350%
4.000%4.000%2.000%
2.400%
4.000%3.400%
1.000%
2.000%0.960%
1.400%1.000%
5.000%2.000%2.000%
2.500%
15.725%15.150%14.400%
13.150%12.800%12.650%12.275%12.200%11.300%10.710%9.800%9.400%
6.875%6.375%
0.000%
2.000%
4.000%
6.000%
8.000%
10.000%
12.000%
14.000%
16.000%
18.000%
Frisco Village (at
Avon)
Avon Telluride Snowmass
Village
Mountain
Village
Breckenridge Winter Park Aspen Beaver Creek Vail Steamboat
Springs
Keystone Copper
Mountain
Tax Rate
Chart Title
Sales Tax/Retail Sales Fee (Inclusive of PIF & Civic Assessment Fees)Lodging Tax STR
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\213079-Avon Revenue and Economic Study\Data\213079-Peer Tax.xlsx
22 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
This chapter compares property tax rates with particular focus on large Title 32
Metropolitan Districts (Metro Districts) . In addition, Real Estate Transfer Taxes (RETT)
and Real Estate Transfer Assessments (RETA) are analyzed, and a cost of ownership
compared using the tax rates from each area .
Metro Districts
There is a substantial amount of residential development in unincorporated Eagle County
organized under homeowners’ associations (HOAs) and Metro Districts . Metro Districts are
an infrastructure financing and funding mechanism in which a property and/or sales tax
is levied on property within the district to fund construction and sometimes maintenance
of public improvements, usually roads, water and sewer . Metro districts are typically
formed by the land developer and governed by the developer for a period of time until
new board elections allow a broader representation of district residents to be elected .
The total mill levies in several large development areas in the Vail Valley are shown below in
Figures 11 and 12, and Appendix Table A5 and compared to Avon . Edwards (Homestead
Metro District) has the lowest total metro district mill levy at 59 .002 in 2021, as its debt
has been paid off and only the 1 .691 operating mill levy remains on top of the other taxing
districts . Other metro districts have mill levies for debt and operating ranging from about
12 .000 to over 60 .000 mills . Four of the metro districts have mill levies over 100 .000 mills,
including Avon Station Metro District with the highest mill levy of 128 .125 .
Figure 11. Vail Valley Metro District Mill Levies
4. Property Tax and Real Estate Cost
of Ownership
Economic & Planning Systems, Inc . 23
ATT A: EPS Fiscal Analysis Report
Figure 12. Vail Valley Metro District Mill Levies
Real Estate Transfer Tax
As noted in the Introduction, the property tax and RETT/RETA comparison communities
were chosen on the criterion that they have a real estate transfer tax . Many mountain and
resort communities in Colorado have a RETT that generally range from 1 .0 to 2 .0 of the
transaction price . It is customary for the buyer and seller to split the cost of transfer fees in a
sale . Communities often earmark RETT revenue for capital projects funding and affordable/
workforce housing although some use it for general operations and maintenance .
Each peer community has a 1 .0 percent RETT on all
property sales or transfers with monetary compensation .
Avon has a higher RETT at 2 .0 percent . Avon’s 2 .0
percent RETT is the primary source of funding for capital
improvement projects and is deposited into the Capital
Projects Fund . The RETT is a volatile revenue source as
it varies with the strength of the real estate market, new
real estate development, and major property acquisitions .
When TABOR passed in 1992 it prohibited new or
increased RETTs from being enacted in Colorado but
allowed existing RETTs to continue . Under TABOR, the
Town could raise or eliminate the locals’ exemption
because it would effectively be a tax decrease, but the
Town cannot lower or eliminate the local’s exemption
because that could be interpreted as an increase
to the RETT, which is prohibited by TABOR . A list of
other Colorado municipalities with existing RETTs and
corresponding rates are tracked, as shown in Table 14 .
Silverthorne is the only mountain peer community that
does not have a RETT, although it pursues RETAs or
“transfer fees” on some new development . Many large
HOAs in the area also have RETAs including Eagle Ranch
(1 .0 percent), Arrowhead (1 .5 percent), and the Beaver Creek Resort Company (2 .375 percent) .
Community
RETA
Rate
RETT
Rate
Avon N/A 2.0%
Arrowhead 1.5%N/A
Aspen [1]N/A 1.5%
Beaver 2.4%N/A
Breckenridge N/A 1.0%
Crested Butte N/A 3.0%
Eagle Ranch 1.0%N/A
Frisco N/A 1.0%
Gypsum N/A 1.0%
Minturn N/A 1.0%
Ophir N/A 4.0%
Silverthorne 1.0%N/A
Snowmass Village N/A 1.0%
Telluride N/A 3.0%
Vail N/A 1.0%
Winter Park N/A 1.0%
[1] Combined RETT rates of 0.5% and 1.0%
Source: Economic & Planning Systems
Table 14. RETT and RETA Rates in Colorado
128.125
115.552 113.833
91.651
71.893 71.877 68.161 64.049 62.617 59.002
0.000
20.000
40.000
60.000
80.000
100.000
120.000
140.000
Avon
Station
Red Sky
Ranch
Cordillera Eagle Ranch Beaver
Creek
Eagle-Vail Arrowhead Berry Creek Avon Edwards
Mill Levy
Chart Title
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\213079 Avon Revenue and Economic Study\Models\213079-Cost of Ownership & RETT.xlsx
24 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
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In 2020, Vail had $8 .6 million in RETT revenue, while Avon collected $5 .9 million in revenue,
as shown in Table 15 . In 2021, Avon’s Capital Improvement Fund revenues from RETT were
conservatively projected at $2 .5 million, although are likely to be higher as a majority of
RETT revenues are dedicated to the Capital Improvement Fund .
Table 15. RETT Revenues
Eagle County Summit County
Description Avon Vail Breckenridge Frisco Silverthorne
2019 $5,001,145 $7,224,668 $7,166,614 $1,542,417 $1,019,127
2020 $5,998,950 $8,650,000 $5,700,000 $1,400,000 $920,000
Source: Economic & Planning Systems
RETT revenue is most commonly utilized to fund capital improvement projects .
Avon, Breckenridge, and Frisco use the RETT as their key funding source for capital
improvements . Vail dedicates its RETT to recreation, parks and open space, and
sustainable environmental practices . Gypsum uses its RETT in the General Fund .
Cost of Ownership Analysis
EPS estimated the cost of real estate ownership over a seven-year period for the
comparable areas, as shown in Figure 13 and Table 16 . Property taxes were derived
from applying the respective mill levies to the assessed value of $700,000, which is the
approximate median home price in Eagle County . The projected annual property tax
was then multiplied over a seven-year period, an average holding period for a home . To
estimate the real estate transfer fees at the point of sale in year seven, RETT and RETA
rates were then applied to an average sale price of $700,000, with 50 percent of that
amount estimated to be paid by the owner/seller .
Figure 13. Seven Year Cost of Ownership Analysis
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
Red Sky
Ranch
Metro
District
Cordillera
Metro
District
Cotton
Ranch
Metro
District
Eagle
Ranch
Metro
District
Town of
Avon
Minturn Gypsum Beaver
Creek
Metro
District
Eagle-Vail Arrowhead
Metro
District
Berry Creek
Metro
District
Vail Town of
Eagle
Edwards
Metro
District
Estimated Cost of
Ownership
Chart Title
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\213079 Avon Revenue and Economic Study\Data\213079-Peer Community Budget.xlsx Economic & Planning Systems, Inc . 25
ATT A: EPS Fiscal Analysis Report
The total ownership cost including property taxes and the RETT ranged from $20,000 to
$55,000 for homes located in municipalities and metro districts across the Vail Valley and
Eagle County .
A typical household in the Red Sky Ranch Metro is estimated to pay $40,484 in total fees,
the highest of the peer communities . A homeowner in Avon would pay a total of $28,938
which is less than in Red Sky Ranch, Cordillera, Cotton Ranch, and Eagle Ranch .
Table 16. Seven Year Cost of Ownership Analysis
Description
Factor
Annual
Property
Tax
7-Year
Property
Tax
RETT Rate
Total
RETT
50% RETT
Paid by
Seller
Total
Ownership
Cost
Rank
1=Highest
Eagle County Median Home Price $700,000 $700,000
Assessed Value 7.15%$50,050
Mill Levy
Red Sky Ranch Metro District 115.552 $5,783 $40,484 N/A N/A N/A $40,484 1
Cordillera Metro District 113.833 $5,697 $39,881 N/A N/A N/A $39,881 2
Cotton Ranch Metro District 100.348 $5,022 $35,157 1.0%$7,000 $3,500 $38,657 3
Eagle Ranch Metro District 91.651 $4,587 $32,110 N/A N/A N/A $32,110 4
Beaver Creek Metro District 71.893 $3,598 $25,188 N/A N/A N/A $25,188 8
Minturn 71.880 $3,598 $25,183 1.0%$7,000 $3,500 $28,683 6
Eagle-Vail 71.877 $3,597 $25,182 N/A N/A N/A $25,182 9
Arrowhead Metro District 68.161 $3,411 $23,880 N/A N/A N/A $23,880 10
Berry Creek Metro District 64.049 $3,206 $22,439 N/A N/A N/A $22,439 11
Gypsum 63.003 $3,153 $22,073 1.0%$7,000 $3,500 $25,573 7
Town of Avon 62.617 $3,134 $21,938 2.0%$14,000 $7,000 $28,938 5
Town of Eagle 60.651 $3,036 $21,249 N/A N/A N/A $21,249 13
Edwards Metro District 59.002 $2,953 $20,671 N/A N/A N/A $20,671 14
Vail 51.434 $2,574 $18,020 1.0%$7,000 $3,500 $21,520 12
Source: Economic & Planning Systems
26 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
National Property Tax Rates
To add further context into property taxes not only among Avon’s peer communities
but nationally, EPS collected property tax rankings from the Tax Foundation, as shown
in Figure 14 . Colorado had the 5th lowest property taxes in 2019, with just Wyoming,
Louisiana, Alabama, and Hawaii paying lower property taxes on average than Colorado .
New Jersey had the highest property taxes on average across the United States .
Figure 14. National Property Tax Comparison, 2019
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5. Inflow–Outflow Analysis
The analysis in this chapter
estimates the sources of retail
sales and sales tax in Avon . i .e ., how
much sales tax comes from full time
and part time residents (second
homeowners), visitors, and from the
surrounding region and pass through
inflow . This type of analysis is called an
inflow-outflow analysis . The outflow
component is retail sales leakage
(money spent outside the town) .
Taxable Sales
Town sales tax and taxable sales data
by major store type was compiled and
analyzed, shown in Table 17 . Several store
categories were combined to prevent
the disclosure of individual store sales to
comply with requirements on the privacy
of sales tax records . Total taxable retail
sales in the Town were approximately
$270 .4 million in 2021 .
Table 17. Taxable Sales, Town of Avon
Estimated Taxable
SalesStore Type
Convenience Goods $66,569,919
Shopper’s Goods $154,178,696
Eating and Drinking $49,663,930
Total $270,412,545
Source: Economic & Planning Systems
Expenditure Patterns
The first step in estimating retail
expenditures is developing an inventory
of housing and lodging . Full-time
residents in Avon are comprised of 2,490
households, with an average household
income of $104,554 . Second homeowners
are associated with approximately 941
housing units in the Town of Avon, as
shown in Table 18 . These pure second
homes (not in an overnight rental
program) were estimated by subtracting
the number of short term rentals from
the number of housing units defined
as vacant for seasonal, recreational, or
occasional by the Census .
Table 18. Housing Unit Summary
Description
Residential
Units
% of
Total
Full-Time 2,490 64.7%
Second Homeowner 941 24.5%
Second Home (not short term rental)415 10.8%
Total Units 3,846 100.0%
Source: Economic & Planning Systems
Economic & Planning Systems, Inc . 29
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EPS estimated annual retail expenditures for full time residents and second homeowners
in the Town of Avon, shown in Table 19 . Retail expenditures are a function of population
and households, and household income within a determined trade area . The total
personal income (TPI) of a given area is determined by multiplying total households by
average household income .
Second homes are assumed to have an occupancy rate of 20 percent, or the equivalent
of 10 weeks per year . The total personal income (TPI) of full-time residents is calculated at
$260 .3 million, while second homeowners are estimated to have a TPI of $37 .6 million .
Statewide expenditure patterns show that an average of 36 .6 percent of TPI is spent on
the retail goods in (“brick and mortar” stores) included in the analysis:
X 13 .3 percent of TPI is spent on Convenience Goods . These are items purchased
frequently and close to home such as groceries; health and personal care items; and
beer wine and liquor .
X 16 .5 percent of TPI is spent on Shoppers goods . These includes larger purchases that
are comparison shopped and bought in department stores, warehouse clubs, and
supercenters, clothing stores, outdoor equipment stores, electronics and appliance
stores, and other specialty retailers .
X Spending on food and beverage is in restaurants and bars and is 6 .8 percent of TPI
comprise 6 .8 percent of TPI
X Total retail expenditures are estimated at $95 .2 million for full-time residents and $13 .7
million for second homeowners .
Table 19. Expenditure Potential, Full-Time Resident and Second Homeowner
Description
% of
Spending
Full Time
Resident
Second
Homeowner
% TPI (2017)($000s)($000s)
Average Household Income $104,554 $200,000
Households 2,490 941
Occupancy 100%20%
Total Personal Income (TPI)100%$260,339 $37,640
Store Type
Convenience Goods 13.3%$34,604 $5,003
Shopper’s Goods 16.5%$43,025 $6,221
Eating and Drinking 6.8%$17,592 $2,543
Total Retail Spending ($000s)36.6%$95,220 $13,767
[1] Second homeowner households exclude overnight rental programs
Source: 2017 Census of Retail Trade; Economic & Planning Systems
30 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
Using the store sales and expenditure information, EPS estimated the percent of
spending that is “captured” in Avon for residents and part-time residents, as shown
in Table 20 and Table 21 . The store categories with the most local spending capture
are Shopper’s Goods and Convenience Goods, as these are items that are low cost and
frequently purchased items (e .g ., groceries, and health and personal care items) . In total,
residents are estimated to make approximately 60 percent of their retail store purchases
in Avon and 40 percent elsewhere .
Table 20. Retail Sales Capture, Resident
Store Type
% of Spending
% TPI (2017)
2021
($000s)
Local Capture Leakage
%
Res. Expen.
($000s)%
Res. Expen.
($000s)
Total Personal Income (TPI)100%$260,339
Convenience Goods 13.3%$34,604 90%$31,144 10%$3,460
Shoppers’ Goods 16.5%$43,025 33%$14,198 67%$28,826
Eating and Drinking 6.8%$17,592 75%$13,194 25%$4,398
Total Retail Goods 36.6%$95,220 61%$58,535 39%$36,685
Source: 2017 Census of Retail Trade; Economic & Planning Systems
Table 21. Retail Sales Capture, Part-Time Residents
Store Type
% of Spending
% TPI (2017)
2021
($000s)
Local Capture Leakage
%
Res. Expen.
($000s)%
Res. Expen.
($000s)
Total Personal Income (TPI)100%$37,640
Convenience Goods 13.3%$5,003 75%$3,752 25%$1,251
Shoppers’ Goods 16.5%$6,221 75%$4,665 25%$1,555
Eating and Drinking 6.8%$2,543 50%$1,272 50%$1,272
Total Retail Goods 36.6%$13,767 70%$9,689 30%$4,078
Source: 2017 Census of Retail Trade; Economic & Planning Systems
Visitor Expenditures
Visitor expenditures are estimated as dollar per day per person figures . First, total
overnight visitor days are estimated from the bed base and occupancy figures provided
by the Town of Avon . The winter season generates 60 percent of total visitation and 319,139
visitor days, as shown in Table 22 . Total overnight visitor days are estimated at 696,046 for
2021 .
Table 22. Visitor Days
Season
Accomm.
Units
Persons
per Unit
Days Total
Capacity
Occ. Rate Total
Days
Winter (Nov 15. - May 31)1,409 2.5 151 531,898 60%319,139
Summer and Shoulder 1,409 2.5 214 753,815 50%376,908
Total 365 1,285,713 55%696,046
Source: Economic & Planning Systems
Economic & Planning Systems, Inc . 31
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Overnight visitors are estimated to spend approximately $110 per day per person year-
round, as shown in Table 23 . Overnight visitors spend the most on Eating and Drinking,
estimated at $40 per day per person .
Table 23. Visitor Spending
$ Per Day per Person Expenditures ($000s)
Store Type Winter Summer Winter Summer Total
Spending Days 319,139 376,908
Convenience Goods $35 $35 $ 11,170 $13,192 $24,362
Shoppers Goods $35 $35 $ 11,170 $13,192 $24,362
Eating and Drinking $40 $40 $12,766 $15,076 $27,842
Total Retail Goods ($000s)$ 110 $ 110 $35,105 $41,460 $76,565
Source: Economic & Planning Systems
Store Sales by Demand Segment
The sales from the four demand groups are compared to total store sales compiled
from Town sales tax records . Total sales come from residents, overnights visitors, second
homeowners, and inflow from outside the Town, summarized in Table 24 and Figure 15 .
X With store sales of $270 million, permanent residents account for approximately 22
percent of the sales, or $58 .5 million
X Overnight visitors account for an estimated 28 percent of store sales, or $76 .5 million
X Part time residents have a smaller impact on retail sales, accounting for an estimated 3
percent of total retail sales, or $9 .6 million per year .
X In total, it is estimated that 46 percent of retail sales, and therefore sales taxes in Avon
comes from regional inflow, or $125 .6 million in taxable sales annually .
X Approximately one out of every five dollars that the Town receives in sales tax comes
from Town residents .
Table 24. Store Sales by Demand Segment
Store Type
Avon Store
Sales
Sales to
Residents
Overnight
Visitors
Second
Homeowners
Regional
Inflow
($000s)($000s)($000s)($000s)($000s)
Sales
Convenience Goods $66,570 $31,144 $24,362 $3,752 $7,312
Shoppers’ Goods $154,179 $14,198 $24,362 $4,665 $110,954
Eating and Drinking $49,664 $13,194 $27,842 $1,272 $7,357
Total Retail Goods ($000s)$270,413 $58,535 $76,565 $9,689 $125,623
% of Total Store Sales
Convenience Goods 100.0%46.8%36.6%5.6%11.0%
Shoppers’ Goods 100.0%9.2%15.8%3.0%72.0%
Eating and Drinking 100.0%26.6%56.1%2.6%14.8%
Total Retail Goods ($000s)100.0%21.6%28.3%3.6%46.5%
Source: Economic & Planning Systems
32 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
Figure 15. Store Sales by Demand Segment
46.5%
28.3%
21.6%
3.6%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
Regional Inflow
Overnight Visitors
Residents
Second Homeowners
Estimated % of Store Sales
Chart Title
Source: Economic & Planning Systems
[link to source]
Economic & Planning Systems, Inc . 33
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6. Revenue Outlook
This chapter evaluates the estimated revenue generated of upcoming planned
development in the Town of Avon . Annual property, sales, and lodging taxes are
estimated and compared to historical general fund revenues .
Planned Development
Several development projects are expected to be built in the next five years in the Town,
as shown in Table 25 . Planned projects include a 4,425 square foot Maverik gas station, a
243 room hotel, and several condominium and townhome projects . Each new project will
generate new property tax revenue . The Village at Avon hotel will generate new lodging
tax and sales tax revenues . In addition, the 4,425 square foot Maverik gas station will
generate sales tax revenue and the Riverfront and Frontgate projects are anticipated to
generate short-term rental revenue .
Table 25. Proposed Development, Town of Avon
Development Size Expected Tax Revenue
Avon Development Sq. Ft.Units Property Sales STR Lodging
Maverik Gas Station 4,425 ✔✔
Village at Avon Hotel 243 ✔✔ ✔
Riverfront Townhomes 13 ✔ ✔
Riverfront Condos 40 ✔ ✔
Frontgate Townhomes 9 ✔ ✔
Frontgate Condos 75 ✔ ✔
McGrady Acres Townhomes 24 ✔
Source: Town of Avon; Economic & Planning Systems
Economic & Planning Systems, Inc . 35
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EPS estimated the market value of the projects as the first step in projecting property tax
revenues . The estimated value of the projects totaled nearly $290 .2 million, as shown in
Table 26 .
Table 26. Development Market Value Estimates
Market Value Per
Avon Development Sq. Ft.Units Sq. Ft.Unit Estimated Value
Maverik Gas Station 4,425 $325 $1,438,000
Village at Avon Hotel 243 $100,000 $24,300,000
Riverfront Townhomes 13 $2,000,000 $26,000,000
Riverfront Condos 40 $1,500,000 $60,000,000
Frontgate Townhomes 9 $2,000,000 $18,000,000
Frontgate Condos 75 $1,500,000 $112,500,000
McGrady Acres Townhomes 24 $2,000,000 $48,000,000
Total $290,238,000
Source: Town of Avon; Economic & Planning Systems
Estimated Tax Revenue
The tax generation potential of future development takes into account the revenues the
Town is eligible to receive . The Maverick Gas Station and Village at Avon Hotel are located
within the Village at Avon metro district . Within the Village at Avon, the Town does not
collect directly the 4 .0 percent lodging or sales taxes . The metro district collects, in their
place, a 4 .0 percent sales fee and a 0 .75 percent add on public improvement fee (PIF) . The
Town’s tax code however defines the sales fee and PIF revenues as taxable, so the Town
receives 4 .0 percent sales tax on the 4 .75 percent total sales fees
Property Tax
Based on the estimated market value of the developments, EPS applied the assessment
ratios and the Town General Fund mill levy to determine the estimated property tax
revenue . The planned developments are estimated to generate $231,484 in annual town
property tax revenue, as shown in Table 27 .
Table 27. Estimated Annual Property Tax Revenue
Maverik
Gas Station
Village at
Avon Hotel
Riverfront
Townhomes
Riverfront
Condos
Frontgate
Townhomes
Frontgate
Condos
McGrady
Townhomes
Total
Property Tax
RevenueDescriptionMills
Statutory Actual Value $1,438,000 $24,300,000 $26,000,000 $60,000,000 $18,000,000 $112,500,000 $48,000,000
Assessment Rate 29.00%29.00%6.95%6.95%6.95%6.95%6.95%
Assessed Value $417,020 $7,047,000 $1,807,000 $4,170,000 $1,251,000 $7,818,750 $3,336,000
Town Mill Levy 8.956 $3,735 $63,113 $16,183 $37,347 $11,204 $70,025 $29,877 $231,484
Source: Economic & Planning Systems
36 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
Lodging Taxes and Fees
EPS also estimated the lodging and sales tax generated from the proposed Village at
Avon Hotel and expected STR units at the Riverfront and Frontgate projects . Hotels
pay lodging tax on room revenues, so an estimate of annual room sales was developed .
A stabilized occupancy rate of 65 percent was applied to estimate revenue, based on
historical occupancy trends resulting in $11 .5 million in lodging sales . Similarly, the
townhomes and condominiums rented as short term rentals generate between $129,000
and $1 .1 million in lodging sales depending on the size of the development . Using Town’s
lodging tax rate of 4 .0 percent, the Village at Avon retail sales fee of 4 .0 percent and 0 .75
percent add-on PIF, the fees and taxes are as follows and shown in Table 28:
X Village at Avon Metro District – The metro district receives $548,000 in lodging sales
fees.
X Town of Avon – The Town receives $22,000 in sales tax on the Hotel sales fees and
add-on PIF (4.0% sales tax on the 4.75% fees). The Town also receives sales, lodging,
and STR taxes from the condominiums and townhomes ranging from $13,000 to
$108,000.
Table 28. Estimated Hotel and STR Sales and Lodging Tax Revenue
Village at STR Riverfront STR Frontgate
Description Avon Hotel Townhomes Condos Townhomes Condos
Room Revenue Assumptions
Number of Rooms 243 13 40 9 75
% in overnight rentals 100%25%25%25%25%
Occupancy 65%45%45%45%45%
Average Nightly Room Rate $200 $350 $350 $350 $350
Room Revenue $11,530,350 $186,834 $574,875 $129,347 $1,077,891
Village at Avon Revenues
Village at Avon Lodging Sales Fee at 4.00%$461,214 N/A N/A N/A N/A
Village at Avon Add-On PIF at 0.75%$86,478 N/A N/A N/A N/A
Total $547,692 $0 $0 $0 $0
Town of Avon Revenues
Short-Term Rental Tax at 2.00%N/A $3,737 $11,498 $2,587 $21,558
Avon Lodging Tax at 4.00%N/A $7,473 $22,995 $5,174 $43,116
Avon Sales Tax at 4.00%N/A $7,473 $22,995 $5,174 $43,116
Town Tax on Village at Avon (4.00% on 4.75%)$21,908 N/A N/A N/A N/A
Total $21,908 $18,683 $57,488 $12,935 $107,789
Source: Economic & Planning Systems
Sales Tax
The gas station is expected to have an annual revenue of $1 .3 million, based on estimated
sales of a $300 sales per square foot value . After applying the Town’s sales tax rate of 4 .0
percent on the 4 .75 percent Retail Sales Fee and PIF, the Maverik Gas Station is expected
to generate $63,056 in annual sales tax to the Village at Avon and approximately $2,500 in
revenue for the Town, as shown in Table 29 .
Economic & Planning Systems, Inc . 37
ATT A: EPS Fiscal Analysis Report
Table 29. Estimated Gas Station Sales Tax Revenue
Description Sq. Ft.
Sales per
Sq. Ft.
Estimated
Sales
Metro Dist. Revenue Avon Revenue
Fee & PIF (4.75%)(4% on Fee & PIF)
Maverik Gas Station 4,425 $300 $1,327,500 $63,056 $2,522
Source: Economic & Planning Systems
Total Town Revenues
The proposed projects are estimated to generate approximately $374,050 in annual Town
revenue, as shown in Table 30 . The Village at Avon Hotel is expected to generate the
largest revenue to the Town, estimated at approximately $85,021 annually . In total, these
projects could result in a 1 .8 percent increase over the 2021 general fund revenue .
The Village at Avon Hotel accounts for approximately 23 percent of these estimated Town
revenues highlighting the importance of non-residential development that generates
sales and/or lodging tax . Nonresidential development also generates more property tax as
property tax on nonresidential property is paid on 29 percent of market value compared
to 6 .95 percent of value for residential property .
Table 30. Total Annual Estimated Tax Revenue, Town of Avon
From Retail Sales From Lodging Sales Totals
Location and Project
Town
Prop. Tax
Retail
Sales Fee PIF
Town
Sales Tax
Lodging
Tax/Fee STR Tax
All Taxes
and Fees Town Only
8.956 mills 4.00%0.75%4.00%4.00%2.00%
Village at Avon [1]
Maverik Gas Station $3,735 $53,100 $9,956 $2,522 ------$69,313 $6,257
Village at Avon Hotel 6 3 ,113 461,214 86,478 21,908 $461,214 ---1,093,926 85,021
Total $66,848 $514,314 $96,434 $24,430 $461,214 $0 $1,163,240 $91,278
Other Areas
Riverfront Townhomes $16,183 ------$7,473 $7,473 $3,737 $34,867 $27,394
Riverfront Condos 37,347 ------22,995 22,995 11, 49 8 94,834 71,839
Frontgate Townhomes 11,204 ------5,174 5,174 2,587 24,139 18,965
Frontgate Condos 70,025 ------4 3 ,116 4 3 ,116 21,558 177,814 134,698
McGrady Acres Townhomes 29,877 ---------------29,877 29,877
Total $164,636 $0 $0 $78,758 $78,758 $39,379 $361,531 $282,773
Total Town Revenue $231,484 $103,188 $78,758 $39,379 $374,050
2021 General Fund Revenue $2,047,905 ------$12,139,470 $2,017,544 ---$21,326,845 $21,326,845
% Impact 8.0%------0.6%3.9%------1.8%
[1] 4.00% Town Sales Tax is applied on the 4.75% Retail Sales Fee & PIF for developments in Village (at Avon)
Source: Economic & Planning Systems
38 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
Appendix
ATT A: EPS Fiscal Analysis Report
Table A1. Sales Tax Rates, Peer Communities, 2021
Eagle County Summit County Pitkin County San Miguel County Routt County Grand County
Revenue Avon Vail Eagle
Brecken-
ridge Frisco
Silver-
thorne
Snowmass
Village Basalt Telluride
Steamboat
Springs Winter Park
Sales Tax
Town/City Sales Tax 4.000%4.000%4.500%2.500%2.000%2.000%3.900%3.000%4.750%4.500%7.000%
State Sales Tax 2.900%2.900%2.900%2.900%2.900%2.900%2.900%2.900%2.900%2.900%2.900%
County Sales Tax 1.000%1.000%1.000%2.000%2.000%2.000%3.600%1.500%1.000%1.000%1.300%
County Transit Tax 0.500%0.500%0.500%0.750%0.750%0.750%0.000%0.000%0.000%0.000%0.000%
Regional Housing Auth. 0.000%0.000%0.000%0.725%0.725%0.725%0.000%0.000%0.000%0.000%0.000%
Total 8.400%8.400%8.900%8.875%8.375%8.375%10.400%7.400%8.650%8.400%11.200%
Source: Economic & Planning Systems
Table A2. Mill Levies, Peer Communities, 2021
Eagle County Summit County Pitkin County San Miguel County Routt County Grand County
Revenue Avon Vail Eagle
Brecken-
ridge Frisco
Silver-
thorne
Snowmass
Village Basalt Telluride
Steamboat
Springs Winter Park
Taxing Districts
Town/City 8.956 4.736 2.301 5.070 0.798 0.000 7.346 10.391 5.991 4.500%7.000%
County 8.499 8.499 8.499 19.530 19.530 19.530 7.534 7.534 11.830 2.900%2.900%
School District 24.649 24.649 24.649 18.835 18.835 18.835 22.779 22.779 13.323 1.000%1.300%
College District 4.013 4.013 4.013 4.013 4.013 4.013 4.013 4.013 0.000 0.000%0.000%
Fire District 9.703 0.000 11.260 9.110 13.099 13.099 9.602 8.822 4.793 0.000%0.000%
Water/San 0.759 0.759 0.759 0.000 0.000 0.000 5.827 2.453 2.643
Other 6.038 8.778 9.170 0.547 0.547 0.547 0.000 5.363 5.655
Subtotal 62.617 51.434 60.651 57.105 56.822 56.024 57.101 61.355 44.235 59.693 11.200%
Source: Economic & Planning Systems
40 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
Table A3. Sales Tax with Retail Sales Fee, Peer Communities
Eagle County Summit County Pitkin County San Miguel County Routt County Grand County
Tax Type Avon
Village at
Avon
Beaver
Creek Vail
Brecken-
ridge
Copper
Mountain Keystone Frisco Aspen
Snowmass
Village
Mountain
Village Telluride
Steamboat
Springs Winter Park
Sales Tax
Town/City Sales Tax 4.000%0.000%0.000%4.000%2.500%0.000%0.000%2.000%2.400%3.500%4.500%4.500%4.500%7.000%
State Sales Tax 2.900%2.900%2.900%2.900%2.900%2.900%2.900%2.900%2.900%2.900%2.900%2.900%2.900%2.900%
County Sales Tax 1.000%1.000%1.000%1.000%2.000%2.000%2.000%2.000%3.600%3.600%1.000%1.000%1.000%1.300%
Transit Tax 0.500%0.500%0.500%0.500%0.750%0.750%0.750%0.750%0.400%0.400%0.250%0.250%0.000%0.000%
Regional Housing Auth. 0.000%0.000%0.000%0.000%0.725%0.725%0.725%0.725%0.000%0.000%0.000%0.000%0.000%0.000%
Total 8.400%4.400%4.400%8.400%8.875%6.375%6.375%8.375%9.300%10.400%8.650%8.650%8.400%11.200%
Retail Sales Fee [1]---4.750%5.350%---------0.500%---------------------
Total 8.400%9.150%9.750%8.400%8.875%6.375%6.875%8.375%9.300%10.400%8.650%8.650%8.400%11.200%
[1] Includes PIF, Sales Assessments, and Civic Assessment Fees
Source: Economic & Planning Systems
Table A4. Lodging and STR Tax, Peer Communities
Eagle County Summit County Pitkin County San Miguel County Routt County Grand County
Tax Type Avon
Beaver
Creek Vail
Brecken-
ridge
Copper
Mountain Keystone Frisco Aspen
Snowmass
Village
Mountain
Village Telluride
Steamboat
Springs Winter Park
Lodging Tax
Lodging Tax 4.000%0.960%1.400%3.400%0.000%0.000%2.350%2.000%2.400%4.000%2.000%1.000%1.000%
Local Mktg. District 0.000%0.000%0.000%0.000%0.000%0.000%0.000%0.000%0.000%0.000%0.000%2.000%0.000%
Lodging Combined Rate 4.000%0.960%1.400%3.400%0.000%0.000%2.350%2.000%2.400%4.000%2.000%3.000%1.000%
Short-Term Rental Tax 2.000%5.000%2.500%
Total Combined Rate 6.000%0.960%1.400%3.400%0.000%0.000%7.350%2.000%2.400%4.000%4.500%3.000%1.000%
[1] Includes PIF, Sales Assessments, and Civic Assessment Fees
Source: Economic & Planning Systems
Economic & Planning Systems, Inc . 41
ATT A: EPS Fiscal Analysis Report
Table A5. Metro District Mill Levies, 2021
Description
Town of
Avon
Town of
Eagle
Eagle-
Vail Gypsum Minturn Vail
Arrowhead
Metro
District
Avon
Station
Beaver
Creek Metro
District
Berry Creek
Metro
District
Cordillera
Metro
District
Cotton Ranch
Metro District
Eagle Ranch
Metro
District
Edwards
Metro
District
Red Sky
Ranch Metro
District
Metro District Tax Mill Levy 0.000 0.000 18.217 0.000 0.000 0.000 14.500 66.295 27.935 12.155 57.281 37.345 30.999 1.691 59.000
Other Mill Levies
Town/City Mill Levy 8.956 2.301 0.000 5.094 17.934 4.736 0.000 8.956 0.000 0.000 0.000 5.094 2.301 0.000 0.000
Eagle County 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499
Colorado Moutain College 4.013 4.013 4.013 4.013 4.013 4.013 4.013 4.013 4.013 4.013 4.013 4.013 4.013 4.013 4.013
School District 24.649 24.649 24.649 24.649 24.649 24.649 24.649 24.649 24.649 24.649 24.649 24.649 24.649 24.649 24.649
Colorado River WCD 0.501 0.501 0.501 0.501 0.501 0.501 0.501 0.501 0.501 0.501 0.501 0.501 0.501 0.501 0.501
Eagle County Health Services 2.763 2.763 2.763 2.763 2.763 2.763 2.763 2.763 2.763 2.763 2.763 2.763 2.763 2.763 2.763
Fire District 9.703 11.260 8.576 10.570 9.703 0.000 9.703 9.703 0.000 7.936 8.576 10.570 11.260 8.576 8.576
Water Sanitation 0.759 0.759 0.759 0.759 0.759 0.759 0.759 0.759 0.759 0.759 0.759 0.759 0.759 0.759 0.759
Eagle Valley Library District 2.774 2.774 2.774 2.774 2.774 2.774 2.774 2.774 2.774 2.774 2.774 2.774 2.774 2.774 2.774
Other 0.000 3.132 1.127 3.381 0.285 2.740 0.000 0.000 0.000 0.000 4.018 3.381 3.133 4.777 4.018
Total Mill Levy 62.617 60.651 71.877 63.003 71.880 51.434 68.161 128.912 71.893 64.049 113.833 100.348 91.651 59.002 115.552
RETT/RETA 2.0%------1.0%1.0%1.0%---2.0%---------1.0%---------
Source: Economic & Planning Systems
42 Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Cost of Ownership
ATT A: EPS Fiscal Analysis Report
(970) 390-2014 ewilson@avon.org
TO: Honorable Mayor Smith Hymes and Council
FROM: Eva Wilson, Public Works Director; Danita Dempsey, CASE Manager;
Gary Padilla, Operations Manager; Greg Daly, Chief of Police;
Justin Hildreth, Town Engineer; Matt Pielsticker, Planning
Director; Michael LaBaugh, Rec Center Director
RE: Parking Management Program
DATE: August 2, 2022
SUMMARY: On the July 26, 2022, Council Meeting, several Council Members expressed that Parking
Enforcement/Management in Avon was not needed. They reiterated concerns about a managed and paid
parking program and its impact on local workers. In addition, they felt the free all-day parking at the former
Town Hall location was not sufficient and too distant. Concerns also included the cost to manage the
Program. As a result, the implementation of the proposed Parking Management Program was placed on
hold until further discussion. This work session will review key points discussed in the Oct 20, 2020, Nov 5,
2021, and Mar 22, 2022, Council Meetings on Parking Management.
PREVIOUS DISCUSSIONS: In 2020, with parking concerns initiated by Avon residents, Council requested
an analysis of Avon’s parking situation. Primary parking concerns included 1) the low turnovers of parking
spaces due to employees and skiers (lack of parking spaces), 2) the Recreation (Rec) Center parking
spaces are occupied by local employees, skiers, and Special Events attendees. Paradoxically, Avon
residents say they do not attend special events due to a lack of parking, 3) the lack of parking for Harry A.
Nottingham Park patrons and 4) the demand for overnight and oversized vehicles in town.
Parking violators will park all day and risk enforcement. A parking ticket costs $35, and a Handicap ticket
costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket p er day. Enforcement by
the Police Department is limited and is driven by complaints.
UCLA Professor Shoup famously coined “Free parking is not free.” The cost of the
land, pavement, street cleaning, and maintenance is on the shoulders of taxpayers
or consumers, spreading the burden to all people, whether they own a car or not.
Managed parking is needed to stimulate turnover and encourage public transit
use. Free parking encourages private vehicle usage.
A managed parking program will encourage parking turnovers and reduce violators. It may also encourage
transit use and other greener transportation options by disincentivizing driving. Revenue from a managed
parking program will fund a more systematic, comprehensive enforcement program.
BACKGROUND: There are approximately 2,185 public parking spaces in the Avon core area. About 500
spaces are owned and maintained by the Town. Of these, about 160 spaces are on-street spaces with the
remaining 340 spaces in lots serving town amenities/services. All Parking areas are serviced by Avon
Transit.
Parking challenges by facility:
On-Street Parking – Turnover of on-street parking continues to be an issue, especially parking spaces
on West Benchmark Road. Local employees, construction workers, and Skiers have found those
spaces convenient, close to Avon Station and large employment centers such as the Westin and Four
Seasons. Demand for parking spaces is dynamic and is somewhat driven by
development/construction and employment centers.
Page 2 of 5
Rec Center – The Avon Rec Center is an important amenity for visitors and locals. The usage peaks
between 5-8 pm. With 136 parking spaces, one may say parking is sufficient. Unfortunately, others
have used those parking spaces for other reasons than to visit the Rec Center. During the winter
season, skiers looking for free parking have parked at the Rec Center. Attendees to Town Special
Events also encroached on the Rec Center parking lot. This summer, a lacrosse tournament,
overwhelmed the Rec Center parking lot and many users were unable to access the center. Rec
Center staff and police officers have been assigned to keep watch for skiers in the parking lot.
Harry A. Nottingham Park – The north parking lot for the park/beach consists of 20 parking spaces. It
is currently marked for 8 drop-offs, 2 ADA, and 10 2-hr parking spaces. The park and beach are very
popular. Prior to May 2021, overflow parking was allowed on the shoulders on the north side of W BC
Blvd. The ad hoc, parking on the shoulders was not ideal. Visitors were not using the Elementary
School parking lot due to distance and terrain concerns.
Special Events – Summer concerts and evening venues continue to be very popular and are a big draw
for the town. In the Sep 2021 Community Survey, 30% of the respondents said they did not attend
Town events because parking was too difficult. Attendance can range from 2,000 to 10,000. From a
low of 2,000 attendees (assuming half will walk to the venue) 333 parking spaces are estimated to be
needed for 1,000 attendees who would drive. To support larger venues, Special Events have leased
the Beaver Creek parking lots and private lots. It is expected that more mitigation strategies such as
express shuttles are needed to reduce parking space demand for larger venues. Due to the proximity
of the Rec Center parking lot to the Performance Pavilion, the Rec Center Parking Lot continues to be
encroached upon during special events.
Parking in no-parking areas – Without enforcement, drivers will continue to park in no-parking areas
such as bus stops, drop-off and loading only spaces, and reserved spaces for Avon vehicles. These
actions impact Avon operations, safety, and access to amenities. Bus drivers have to stop and drop off
passengers in the middle of the street and not on the sidewalk. Vehicles parked at drop-off and loading
spaces (Harry A. Nottingham Park - north parking lot and Gondola skier drop-off) deny others access to
amenities and discourage use/visits.
Northside Kitchen Bus Stop
Page 3 of 5
Town Hall - Parking spaces at the Town Hall are reserved for Town Hall visitors, Avon staff, and the
Seasons Hotel (a 2-hr limit.) There are 4 Drop-off spaces for Prater Ln Preschool. In 2019, the town
implemented permit parking for Avon residents on days the Town Hall is closed (Weekends and
Holidays). In the 2019-2020 ski season, 8 permits were issued. In the 2020-2021 ski season, 13
permits were issued. The permits are issued electronically via email by the Mobility Dept. Plans are to
continue to offer this opportunity to Avon residents.
Local Lodging Parking Management – Avon Lodges varies in the management of their onsite parking.
Among the lodges below, only Westin doesn’t provide employee parking. During peak times, and
holidays, some lodges encourage their employees to take transit or park elsewhere.
1. Comfort Inn: One parking pass per room rental at no additional cost. A second pass may be
issued under special request at no additional cost. Employees park on site. Housekeepers use
transit. Summer is their highest parking demand. Had issues with violators until PD issued citations.
2. Sheraton: One parking space per room at no additional cost. A second pass may be issued
under special request at no additional cost. Employees park on site. The holiday season is their
peak demand, and they may ask employees to park elsewhere. During the summer, they receive 1
to 2 requests for RV parking.
3. Christie Lodge: One parking pass per one-bedroom room at no additional cost. Two parking
passes per 3-bedroom room at no additional cost. $10/day for additional parking spaces.
Employees park on site. Strict monitoring of parking passes.
4. Wyndham: $15/night per vehicle. No limit. Employees park on site/in the garage.
5. Seasons: Free underground parking garage for all guests. Up to 3 vehicles per unit. All
employees park on site. Entry gate control parking violators.
6. Westin: $35/$45 (valet) per night for guests. $60/night for non -hotel guests. Gym members have
passes. No parking for employees on site. Their biggest issues are requests for oversized vehicles
Signage and Consistency in Parking Limits – Parking signs and time limits vary based on location.
Consistent parking time limits may be easier to remember, understand, follow, and enforce.
W. Benchmark W. Rec Center E. Rec Center Beach Lake Street Library Old Town Hall
Page 4 of 5
Enforcement: The police department enforces parking regulations as well as code enforcement at
Harry A. Nottingham Park. Parking enforcement is augmented by a code enforcement officer during the
busy holiday season and Summer activities only. A parking ticket costs $35, and a Handicap ticket
costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day.
Enforcement by the Police Department is limited and is driven by complaints.
MANAGED PARKING ANALYSIS:
For the Rec Center, enforced parking management will disincentivize skiers; it will be cheaper to park at the
Elk or Bear lot. However, usage at the Rec Center may regularly exceed the 2 hr free period. The parking
management software will need to be able to waive the 3rd-hour fee when they check into the Rec Center.
For Special Events, with paid parking in the winter, it is anticipated that employees and skiers will no longer
take up public parking spaces during the day, and thus will free up parking spaces along Lake Street and
W. Benchmark Rd going into the evening. Parking direction/information may need to be more targeted for
Special Events.
Harry A. Nottingham Park – Park usage continues to be high. Although the Sep 2021 Community Survey
found that 50% of the respondents wanted improvements to parking and pedestrian safety on West Beaver
Creek Blvd, many of the residents near the lake did not want the on-street parking. Opposing feedback
included trespassing onto private property and inappropriate behavior.
The demand for oversized and overnight parking cannot be met with Town’s property. A potential site is
Track A, the green circle. Staff has initiated conversations with Traer Creek & Hoffmann about potentially
using the upper lot for overnight and oversized vehicles. Their concern is the potential disturbance and
trash by the additional parking traffic, as they have seen at the Walmart parking lot. Permitted parking will
provide additional control needed for proper management. Permits will only be extended to Avon residents
and visitors staying in an Avon lodging facility. The parking revenue will be used to keep the site clean and
surveilled. Staff will continue to work with the Lindholms.
FINANCIAL CONSIDERATIONS (March 22, 2022): Parking management requires active parking
enforcement, even with the existing free parking policies. A full-time parking enforcement officer would work
10-hour shifts four days a week. Two parking enforcement officers would be required to provide coverage
seven days a week during the busy seasons. In addition, an electric vehicle, license plate reader, and
parking management software and equipment would be needed (estimated to cost $100,000).
A free parking management program would be managed by the Police Department. A paid-parking
management program would be managed by the Mobility Department. The cost of parking enforcement
personnel is estimated at $90,000/yr. ($60,000 salary plus benefits).
Currently, the Transit Supervisor and Superintendent monitor the transit radio after the workday offsite, 5-
10 pm. The Parking Supervisor would cross-train with the Transit Supervisor for better and full onsite
coverage of daily operations for parking and transit (6 am to 10:30 pm daily.)
Mobility may be able to support parking enforcement coverage with existing Mobility staff so that only one
additional parking enforcement position is required. This would result in an annual operating expense of
$90K along with an initial first-year expense of $80,000 for free parking and $100,000 for a partially paid
parking program.
Page 5 of 5
FINANCIAL CONSIDERATIONS (July 27, 2022):
Mobility Program Costs:
2022: 1st year costs - $40K + ½ FTE (Install license plate reader on an existing staff vehicle)
2023: 2nd year costs - $23K + 1 FTE
2024: 3rd year costs - $23K + 1 FTE
COUNCIL OPTIONS:
1) Make no changes to the current parking program.
2) Implement the Managed Parking Program as proposed in the July 26, 2022, Council Report.
3) Implement the Managed Parking Program as proposed in the July 26, 2022, Council Report with
changes (ie., remove paid parking, remove permit parking at the Avon Recreation Center)
Thank You, Eva, Danita, Greg, Gary, Justin, Matt, and Michael
ATTACHMENT A: July 27, 2022, Council Report: Parking Management Program Update and its
attachments
(970) 748-4113 jshoun@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Jim Shoun, Acting Mobility Manager and
Rene Martinez, Parking Mgt Supervisor
RE: Parking Management Program Update
DATE: July 14, 2022
SUMMARY: Following the March 22, 2022, Council Meeting, Staff solicited and interviewed two parking
management companies for Parking Management Services. Risetek Global, LLC., was selected based on
its experience, expertise, and turnkey service. Parking Supervisor Rene Martinez was hired to manage the
program. All supervisors in the Mobility Division will cross-train in parking and transit management to
provide 18/7 onsite coverage.
Along with a parking management software subscription, a car-mounted license plate reader (LPR) and a
handheld LPR is being purchased. Risetek Global will provide turnkey support such as providing a 24/7
customer service call line, parking and violation fee collection, and permit parking/validations.
PARKING MANAGEMENT PROGRAM:
Parking Management Schedule
Key Elements:
- All Avon public parking spaces will have a complimentary 3-hr. limit year-round; 6:00AM – 5:00PM
- Paid parking is available at select spaces when Beaver Creek Mountain is open for skiing
o 3-Hr Limit then $2/Hr. thereafter
o Access includes Texting, QR code, and Customer Service Call Line
- All-day parking is available at Old Town Hall and Avon Elementary School
- No overnight parking except at the Old Town Hall site; $40 permit parking at the Old Town Hall
- Library parking will have a 3-hr. limit year-round
Page 2 of 3
- Avon Staff and Council personal vehicles will be registered into the software system for access.
- The Recreation Center parking is for Patrons only
o Patrons will receive a validation code for 3 hrs. at check-in
o Exceptions can be readily managed
o Parking violation fee of $50
- Town Hall parking will have a 3-hr. limit year-round
o Town Hall Staff will be able to validate guests for longer business meetings or court dates
o The weekend ski parking permits for Avon residents will continue
- For Parking Enforcement, Mobility Division Supervisor will monitor parking areas with an LPR
o $50.00 parking violation fee at the Recreation Center (Ordnance Amendment)
o $35.00 parking violation fee for other parking areas
o Staff will monitor for parking violations 24/7 (including 12:00am-5am)
o Staff will also monitor for parking violations in no-parking zones and on road shoulders
Uniformed Signage around Town:
Page 3 of 3
Implementation Schedule:
August 2022: Preparation and Public Outreach
September 2022: Program Rollout and Grace Period
October 2022: Program Start (enforcement, Recreation Center & Overnight permit)
Nov 23, 2022: Paid-Parking Available
Program Costs:
2022: 1st year costs - $40K + ½ FTE
2023: 2nd year costs - $23K + 1 FTE
2024: 3rd year costs - $23K + 1 FTE
Thank you, Jim
ATTACHMENT A: March 22, 2022, Council Report: Parking Management Update
(970) 390-2014 ewilson@avon.org
TO: Honorable Mayor Smith Hymes and Council
FROM: Eva Wilson, Mobility Director; Gary Padilla, Public Works Director;
Greg Daly, Chief of Police; Matt Pielsticker, Planning Director;
Michael LaBaugh, Recreation Director
RE: Parking Management Update
DATE: February 25, 2022
SUMMARY: This report follows up on the Nov 9, 2021, Council discussion on parking management for the
Town of Avon. Several Councilors had concerns about a paid parking program and its impact on workers.
Several Councilors supported a paid parking management program to change behavior and encourage
lower reliance on personal vehicle use. Council requested Staff to provide free parking and paid parking
options.
Parking availability in the Town core has been impacted by overflow from Beaver Creek Resort on several
busy weekends this winter season . We have also observed increased illegal parking at the Avon
Recreation Center which has impacted their operations.
TOWN MANAGER COMMENTS: Council expressed a variety of comments and concerns, including
identifying who we are trying to serve and providing free parking for employees. I view the West Beaver
Creek Blvd., Lake Street, Benchmark Rd. loop as oriented towards skiers (i.e., Wildridge- Wildwood -
Mountain Star - Nottingham residents and visitors) because we have heavily invested in running a skier
shuttle on these streets. Therefore, I recommend that paid parking in this area is appropriate for
consideration and is an appropriate place to start with paid parking . I recommend the Old Town Hall
parking area remain as free parking which can work well fo r employees who desire to park for the entire
day. The Recreation Center parking area will need better signage (i.e., NO SKIER PARKING!!! YOU WILL
BE TICKETED !!) and active parking enforcement. The Avon Elementary School parking lot may need this
management as well.
I believe it is important to be conscious of a positive visitor experience and I do not support funding parking
management with high parking tickets (e.g., $50+) with the exception of the Recreation Center . Lastly, no
matter what we do, I expect we will need to adjust as we experience changes in parking behavior and as
parking demands fluctuate.
BACKGROUND: There are approximately 343 parking spaces for Town/Public facilities and 168 public on-
street parking spaces in the Avon commercial core area and 170 public parking spaces at Traer Creek
Plaza. All Parking areas are serviced by Avon Transit.
Parking violators will park all day and risk enforcement. A parking ticket costs $35 in the Town core, $25
outside of the Town core, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out,
that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by
complaints.
A Paid-Parking program may encourage parking turnovers and reduce illegal parking. It may also
encourage transit use and other greener transportation options by disincentivizing driving.
TOWN CORE PARKING MANAGEMENT OPTIONS:
Option 1: Free parking: Public parking will be available to everyone with no limit on hours but no overnight
parking, including all on-street parking and at the Old Town Hall.
Option 2: 3 Hour Free Parking: Public parking would be available for 3 hours only between the h ours of
7am and 5pm. All day free parking would be available at the Old Town Hall parking lot.
ATTACHMENT A
Page 2 of 4
Option 3: Paid parking on Skier Shuttle Route: Year-round paid parking would be introduced for the
parking spaces on Skier Shuttle Route (W Benchmark Rd, Lake Street, and W Beavercreek Blvd) which is
proposed to start at $2/hr after the first three hours. Free all-day parking will be available at the old Town
Hall Location for employees.
The Town of Avon and Beaver Creek Resort invest approximately $250,000 annually on the Skier Express
Shuttle. For the choice parking spaces (~100 spaces) shown below, a $2/hr. fee will be applied after three
hours. Assuming we can generate $3/parking space/day during the busy weekends, holiday weeks, and
spring break weeks (60 days per year) and a modest amount the rest of the year , the projected revenue is
$40,000/yr.
RECREATION CENTER PARKING MANAGEMENT: The Avon Recreation Center is an important
amenity for visitors and locals. With 136 parking spaces, it is sufficient for patrons and town vehicles .
Unfortunately, during the winter season, skiers park at the Recreation Center parking lots. This condition is
further exac erbated when the Beaver Creek lots are full. Additionally, Beaver Creek Resort stopped
leasing the Rodeo Lot due to high cost, and infrequency (happens a couple of times every season.)
Attendees to Town Special Events have also encroached on the Recreation Center parking lot.
Recommendation: To discourage illegal parking at the Recreation Center, violation fine s will have to
increase significantly. In addition, providing additional parking spaces may help with illegal parking.
Option 1: Designate the Avon Recreation Center Parking Lots for “Patrons Only” and establish a parking
violation fine of $50-100. Town Staff will have the flexibility to permit Special Events parking with signage
and notification.
Page 3 of 4
Avon Recreation Center
And/or Option 2: Open W. BC Blvd (westbound shoulder) for skier overflow parking when the Beaver
Creek Resort parking lots are full. Historically, Beaver Creek Resort parking lots fill up several times a
year. A parking fee of $10 to $20 would offset the cost of providing a skier shuttle to the site. This option
would only be available if we implement the paid parking program.
Overflow Skier Parking Area
Page 4 of 4
FINANCIAL CONSIDERATIONS: Parking management requires active parking enforcement, even with the
existing free parking policies. A full-time parking enforcement officer would work 10 hour shifts four days a
week. Two parking enforcement officers would be required to provide coverage seven days a week during
the busy seasons. In addition, an electric vehicle, license plate reader and parking management software
and equipment would be needed (estimated to cost $100,000).
A free parking management program would be managed by the Police Department. A paid-parking
management program would be managed by the Mobility Department. The cost of parking enforcement
personnel is estimated $90,000/yr. ($60,000 salary plus benefits).
Currently, the Transit Supervisor and Superintendent monitor the transit radio after the workday offsite, 5 -
10 pm. The Parking Supervisor would cross -train with the Transit Supervisor for better and full onsite
coverage of daily operations for parking and transit (6 am to 10:30 pm daily.)
Mobility may be able to support parking enforcement coverage with existing Mobility staff so that only one
additional parking enforcement position is required. This would result in an annual op erating expense of
$90K along with an initial first year expense of $80,000 for free parking and $100,000 for a partial paid
parking program.
For program revenue, assuming 5 tickets a day on average throughout all Town parking lots and on-street
parking areas at $35 may generate $64,000 annually. If paid parking were introduced additional revenues
are estimated at $40,000 annually. Total revenues with partial paid parking is $104,000.
Thank You, Eva, Greg, Gary, Matt, and Michael
ATTACHMENT A: Nov 9, 2021, Council Report: Paid-parking Analysis and Plan
(970) 390-2014 ewilson@avon.org
TO: Honorable Mayor Smith Hymes and Council
FROM: Eva Wilson, Mobility Director; Danita Dempsey, CASE Manager;
Gary Padilla, Public Works Director; Greg Daly, Chief of Police;
Justin Hildreth, Town Engineer; Matt Pielsticker, Planning
Director; Michael LaBaugh, Rec Center Director
RE: Paid-Parking Program Analysis
DATE: October 18, 2021
SUMMARY: Council requested an analysis of a paid-parking program for the Town of Avon (TOA.) This
written report provides a background of our existing parking concerns and proposes a program to
implement parking fees for Avon’s publicly owned parking spaces.
UCLA Professor Shoup famously coined “Free parking is not free.” The cost of the land, pavement, street
cleaning, and maintenance is on the shoulders of taxpayers or consumers, spreading the burden to all
people, whether they own a car or not. Managed parking
is needed to stimulate turnover and encourage public
transit use. Free parking encourages private vehicle
usage.
For Avon, primary parking concerns are 1) the low
turnovers of parking spaces due to employees and
skiers, 2) the Recreation (Rec) Center parking spaces
are occupied by employees, skiers, and Special Events
attendees. On the other hand, Avon residents say they
do not attend special events due to a lack of parking, 3)
the lack of parking for Harry A. Nottingham Park patrons,
4) the demand for overnight and oversized vehicles in town. Parking violators will park all day and risk
enforcement. A parking ticket costs $35, and a Handicap ticket costs $100. Since 2019, over 500 citations
were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is
driven by complaints.
A Paid-Parking program will encourage parking turnovers and reduce violators. It may also encourage
transit use and other greener transportation options by disincentivizing driving. Revenue from a paid-
parking program will fund a more systematic, comprehensive enforcement program. For Overnight and
Oversized parking needs, there are no available Town-owned spaces that can support this demand. There
are discussions with Traer Creek & Hoffmann, to support overnight and oversized vehicles at Tract A.
A single-tier fee structure is recommended for simplicity. At the
planning stage, a lot of assumptions are made to estimate potential
revenue from a paid-parking program. Based on Vail’s revenue and
parking inventory (Avon’s 500 spaces - 17% of Vail’s inventory),
Avon’s potential revenue could range up to $1,000,000 (17% of
Vail’s revenue.) Assuming a much lower demand for the TOA, 50%
of the estimated revenue ($500,000) should cover the cost to
operate a paid-parking program.
Page 2 of 11
Program management will include Parking software, Equipment, and Staffing. Based on implementation
costs from other agencies, approximately $200,000 - $300,000 will be needed (Software, Kiosks, Parking
Software App, and License Plate Reader.) There are variations among the many different parking software
applications. As a start, to manage and enforce the program, an estimate of 3 staff would be needed at a
cost of $270,000/year (similar to the Town of Breckenridge.)
Potential revenue dedication after program overhead could be 1) transit service 2) micro-mobility service
such as ebike shares 3) Parking Pavement Maintenance and Markings, and 4) Green initiatives.
BACKGROUND: There are approximately 2,185 public parking spaces in the Avon core area, see Table 1.
About 500 spaces are owned and maintained by the Town. Of these, about 160 spaces are on-
street spaces with the remaining 340 spaces in lots serving town amenities/services. All Parking
areas are serviced by Avon Transit. There are various parking challenges.
Table 1. Public Parking Space Inventory in the Avon Community
Page 3 of 11
On-Street Parking Turnover of on-street parking continues to be an issue, especially parking spaces on
West Benchmark Road. Local employees and Skiers have found those spaces attractive, close to
Avon Station and large employment centers such as the Westin and Four Seasons. Demand for
parking spaces is dynamic and is somewhat driven by development/construction and employment
centers.
Rec Center – The Avon Rec Center is an important amenity for visitors and locals. The usage peaks
between 5-8 pm. With 136 parking spaces, one may say parking is sufficient. Unfortunately,
others have used those parking spaces for other reasons than to visit the Rec Center. During the
winter season, skiers looking for free parking have parked at the Rec Center. Attendees to Town
Special Events also encroached on the Rec Center parking lot. This summer, a lacrosse
tournament, overwhelmed the Rec Center parking lot and many users were unable to access the
center.
Harry A. Nottingham Park – The north parking lot for the park/beach consists of 20 parking spaces. It is
currently marked for 8 drop-offs, 2 ADA, and 10 2-hr parking spaces. The park and beach are very
popular. Prior to May 2021, overflow parking was allowed on the shoulders on the north side of W
BC Blvd. The ad hoc, parking on the shoulders was not ideal. Visitors were not using the
Elementary School parking lot due to distance and terrain concerns. Adding approx. 70 paved,
angled, parking spaces on W. BC Blvd is estimated at $1.2M. Although the Sep 2021 Community
Survey found 50% of the respondent wanted improvements to parking and pedestrian safety on
West Beaver Creek Blvd, many of the residents near the lake did not want the on-street parking.
Feedback included trespassing onto private property and inappropriate behavior.
Special Events – Summer concerts and evening venues continue to be very popular and are a big draw
for the town. In the Sep 2021 Community Survey, 30% of the respondents said they did not attend
Town events because parking was too difficult. Attendance can range from 2,000 to 10,000. From
a low of 2,000 attendees (assuming half will walk to the venue) 333 parking spaces are estimated
to be needed for 1,000 attendees who would drive. To support larger venues, Special Events have
leased the Beaver Creek parking lots and private lots. It is expected that more mitigation strategies
such as express shuttles are needed to reduce parking space demand for larger venues. Due to
the proximity of the Rec Center parking lot to the Performance Pavilion, the Rec Center Parking Lot
continues to be encroached upon during special events.
Town Hall - Parking spaces at the Town Hall are reserved for Town Hall visitors, Avon staff, and the
Seasons Hotel (a 2-hr limit.) There are 4 Drop-off spaces for Prater Ln Preschool. In 2019, the
town implemented permit parking for Avon residents on days the Town Hall is closed (Weekends
and Holidays). In the 2019-2020 ski season, 8 permits were issued. In the 2020-2021 ski season,
13 permits were issued. The permits are issued electronically via email by the Mobility Dept. Plans
are to continue to offer this opportunity to Avon residents.
Overnight/Oversized Parking - Staff continues to receive requests for overnight parking for cars,
campers, and oversized vehicles. Overnight parking is not permitted in Town-owned parking lots
and on-street parking. Prohibition is due to access for snow removal and avoidance to compete
with lodges in the summer. For Overnight and Oversized parking needs, there are no available
Page 4 of 11
Town-owned spaces that can support this demand. Accommodations have been made for visitors
staying in Avon and traveling in campers and oversized vehicles. The Police Dept and Public
Works have accommodated them at the upper tier lots at Swift Gulch site, free of charge. This site
is designated for future employee housing. There are discussions with Traer Creek & Hoffmann to
support overnight and oversized vehicles at Tract A.
Local Lodging Parking Management – Avon Lodges varies in the management of their onsite parking.
Among the lodges below, only Westin doesn’t provide employee parking. During peak times,
holidays, some lodges encourage their employees to take transit or park elsewhere.
1. Comfort Inn: One parking pass per room rental at no additional cost. A second pass may be
issued under special request at no additional cost. Employees park on site.
Housekeepers use transit. Summer is their highest parking demand. Had issues
with violators until PD issued citations.
2. Sheraton: One parking space per room at no additional cost. A second pass may be issued
under special request at no additional cost. Employees park on site. The holiday
season is their peak demand, and they may ask employees to park elsewhere.
During the summer, they receive 1 to 2 requests for RV parking.
3. Christie Lodge: One parking pass per one-bedroom room at no additional cost. Two parking
passes per 3-bedroom room at no additional cost. $10/day for additional parking
spaces. Employees park on site. Strict monitoring of parking passes.
4. Wyndham: $15/night per vehicle. No limit. Employees park on site/in the garage.
5. Seasons: Free underground parking garage for all guests. Up to 3 vehicles per unit. All
employees park on site. Entry gate control parking violators.
6. Westin: $35/$45 (valet) per night for guests. $60/night for non -hotel guests. Gym members have
passes. No parking for employees on site. Their biggest issues are requests for
oversized vehicles
Signage and Consistency in Parking Limits – Parking signs and time limits vary based on location.
Consistent parking time limits may be easier to remember, understand, follow, and enforce.
W. Benchmark W. Rec Center E. Rec Center Beach Lake Street Library Old Town Hall
Page 5 of 11
Enforcement: The police department enforces parking regulations as well as code enforcement at Harry A.
Nottingham Park. Parking enforcement is augmented by a code enforcement officer during the busy holiday
season and Summer activities. A parking ticket costs $35, and a Handicap ticket costs $100. Since 2019,
over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is
limited and is driven by complaints.
OTHER PAID-PARKING PROGRAMS: Neighboring resort communities such as the Town of Vail, the
Town of Breckenridge, and the Town of Aspen have implemented a paid-parking program for years. A
summary of other local resort communities that charge for parking is attached.
Town of Vail (TOV) – TOV manages over 3,000 parking spaces with 20+ in-house staff. For 2022, they
are projecting $2M expenditures which include s $1M in equipment and software replacement.
Their projected revenue is $6.5M accrued in their General Fund. All parking spaces in the Town of
Vail are housed in parking garages and lots and operational 24/7.
Town of Breckenridge (TOB) – TOB manages over 2,000 parking spaces consisting of on-street
parking and parking lots. The service is contracted out to the Interstate Parking Company. A staff
of 3 manages the contract. Their revenues are dedicated to their fare-free transit operations and
Mobility Capital projects.
Breckenridge Town Manager, Rick Holman, on paid parking “We wish we had done it sooner”
Town of Aspen (TOAs) – TOAs manages over 4,000 parking spaces consisting of 685 main street
spaces, 3,000 residential parking spaces, and a 300-space parking garage. Their 11+ in-house
staff includes 6 enforcement officers. The program includes parking fees, permits, and carpool
permits. Their revenues are dedicated to their fare-free transit/mobility program.
Aspen Transportation Director, John Krueger, “The store owners are happy every time they raise
downtown parking fees; Sale tax rises every time they raise parking fees”
Page 6 of 11
PAID-PARKING ANALYSIS: UCLA Professor Shoup famously coined “Free parking is not free.” The cost
of the land, pavement, street cleaning, and maintenance is on the shoulders of taxpayers or consumers,
spreading the burden to all people, whether they own a car or not. Professor Shoup also caution s that free
parking forces people to cruise for spots (increasing emissions) and subsidizes driving. Professor Shoup’s
research shows free parking subsidy increases the demand for parking and the total number of miles
driven. Additional research shows that among dense American cities, public transit use is significantly
higher where parking is more expensive. Free parking encourages private vehicle usage.
Professor Shoup recommends charging the right price for parking, with is ideally, letting the market set at
the lowest rate necessary to achieve an availability of approximately 15 percent, to avoid cruising. Parking
demand varies by location, time of day, day of the week, and season.
With Avon’s parking concerns, a Paid-Parking program will encourage parking turnovers, transit use, and
use of other greener transportation options by disincentivizing driving. The fee structure can be a single tier
for all spaces or a tiered structure with the 1st tier for premium spaces. Starting a paid-parking program
with a single tier rate structure system may be simplest for users to remember and follow, and for
managers to manage.
With a Single Tiered fee structure, all TOA public parking spaces would be free for 1st two hours
of use, then the fee would be $2/hr. For example, it would cost $4 to park for four hours, and
parking all day in Avon, 8 am - 5 pm would cost $14. With a two-tier parking fee structure, the
parking spaces closest to the mountain, Avon Station, and Performance Pavilion would carry
the premium fees (highlight in red.) The lower tier parking spaces, such as W. Beaver Creek
Blvd, and E. Benchmark Rd, would have a lower fee (highlighted in yellow.)
Page 7 of 11
Single Tier Paid-Parking Fee Structure – Avon Town Core
Single Tier Paid-Parking Fee Structure – West Avon
Page 8 of 11
Two Tier Paid-Parking Fee Structure – Town Core
Two Tier Paid-Parking Fee Structure – West Avon
Page 9 of 11
For the Rec Center, paid parking will disincentivize skiers, it will be cheaper to park at the Elk or Bear lot.
However, usage at the Rec Center may regularly exceed the 2 hr free period. The parking management
software will need to be able to waive the 3rd-hour fee when they check into the Rec Center.
For Special Events, with paid parking, it is anticipated that employees and skiers will no longer take up
public parking spaces during the day, and thus will free up parking spaces along Lake Street and W.
Benchmark Rd going into the evening. Avon staff has observed parking availability at the Town Hall
parking lot during Avon Live music venues. Parking direction/information may need to be more targeted for
Special Events.
Harry A. Nottingham Park – Park usage continues to be high. Although the Sep 2021 Community Survey
found 50% of the respondents wanted improvements to parking and pedestrian safety on West Beaver
Creek Blvd, many of the residents near the lake did not want the on-street parking. Feedback included
trespassing onto private property and inappropriate behavior. Adding approx. 70 paved, angled, parking
spaces and a pedestrian crossing on W BC Blvd is estimated at $1.2M. Targeted communication for park
patrons to park at the Elementary School may be needed. Another review of the on-street parking on W.
Beaver Creek Blvd. concept will be needed if demand continues to grow.
The demand for oversized and overnight parking cannot be met with Town’s property. A potential site is
Track A, the green circle. Staff has initiated conversations with Traer Creek & Hoffmann about potentially
using the upper lot for overnight and oversized vehicles. Their concern is the potential disturbance and
trash by the additional parking traffic, as they have seen at the Walmart parking lot. Permitted parking will
provide additional control needed for proper management. Permits will only be extended to Avon residents
and visitors staying in an Avon lodging facility. The parking revenue will be used to keep the site clean and
surveilled. Staff will continue to work with the Lindholms.
Page 10 of 11
IMPLEMENTING PAID-PARKING PROGRAM: There are many Parking Management Applications
available, and they have evolved to meet everyone’s needs. Comprehensive programs include access
through smartphone apps, solar-powered kiosks, and websites. Programs can be operated by in-house
staff or be completely contracted out for a turn-key service, such as the TOB.
Starting a paid-parking program with a single fee structure may be the simplest to manage and enforce,
charging a parking fee from 8 am to 5 pm during the winter and summer season. Visits less than 2 hrs will
be free, then the parking fee will be $2/hr. Parking for 4 hrs would cost $4 and parking all day in Avon
would cost $14.
At the planning stage, a lot of assumptions have to be made to estimate potential revenue from a paid-
parking program. Based on Vail’s revenue and parking inventory (Avon’s 500 spaces - 17% of Vail’s
inventory), Avon’s potential revenue could range up to $1,000,000 (17% of Vail’s revenue.) Assuming a
much lower demand than TOV, 50% of the estimated revenue - $500,000 may cover the cost to operate a
paid-parking program.
Program management will include Parking software, Equipment, and Staffing. Based on implementation
costs from other agencies, approximately $200,000 - 300,000 will be needed (Software, Kiosks, Parking
Page 11 of 11
Software App, and License Plate Reader.) In addition, to manage and enforce the program, as a start, an
estimate of 3 staff would be needed at a cost of $250,000/year.
Parking Management falls under the Mobility Department. The mobility management team consists of a
Director, a Superintendent, and a Supervisor. With 16.5 hrs/7days (120hrs/wk) a week transit operation,
the supervisory staff is already stretched very thin. Staffing levels will depend on the structure of the paid-
parking program, contracted or in-house. A minimum staff of a Parking Superintendent and 2 parking
operators will be needed based on the Town of Breckenridge’s turnkey parking program and for 7 days a
week coverage. The Transit and Parking teams would cross-train to support both activities.
Potential net revenue dedication could be 1 ) transit service 2) Micro mobility programs such as ebike
shares 3) Parking Pavement Maintenance and Markings and 4) Green initiatives,
STEPS FOR IMPLEMENTATION – Nov 2022:
1) Hire a Parking Supervisor -Jan 2022
- Work on implementation details of a paid-parking
program/plan
2) Finalize Paid-Parking Plan/Staffing level with Council – May 2022
3) Request for Proposal – Software/equipment – Jun 2022
- Select inhouse or contract services
4) Purchase/Install software/equipment/Signage – Aug 2022
5) Hire appropriate level of Parking Staff – Aug 2022
Thank You, Eva, Danita, Greg, Gary, Justin, Matt, and Michael
Attachment: Local Community Parking Program Summary
Community Implementation Program Details Management Sample Fees Implementation Cost Annual Operation Cost Annual
Revenue
Net
Revenue Revenue Utilization Notes
Aspen N/A - Approximately 4,000 parking spaces
- Main Street - 682 spaces
- Residential - 3,000 spaces
- Parking Garage - 300 spaces
In-house Mgmt (11+ staff):
- 1 Parking Director
- 1 Operations Mgr
- 1Programs Mgr (T2
software/permits)
- 2 customer service
- 6 Enforcement Officers
- Paid Parking 10 a.m. to 6 p.m.
10:00 AM - 10:59 AM: $4/hr
11:00 AM - 2:59 PM: $6/hr
3:00 PM - 6:00 PM: $4/hr
- Sundays - free
- Residential Parking Pass: Mon-Fri
- Two hours FREE parking per day
- Garage parking $12.50 per day.
- Carpools permits
- EV and NEVs FREE
- Hybrids park for 50% off residen
- Construction/reserved parking $100 per day
- Event parking $10 per day
- No Overnight Parking
$900,000
- $750,000 - Kiosks/meters
- $150,000 - two vehicle with
License Plate Readers
$2M
- Aspen Staff
- Software subscription and support (T2) -
park city utah - 3am 7am snow removal. No
garages - 6pm
- Equipment
$4M $2M Dedication to Free
Transit
Raised parking fees raised sales tax
Future: All mobile payments to save kiosk
and meter
Breckenridge 2015/16 - Approximately 2,200 parking spaces
- On Street Parking (600)
- Parking Lots (1600)
Contracted Service (Interstate):
Breckenridge Staff:
- 1 Parking Manager
- 1 Parking specialist
- 1 Community officer
Main Street
weekday rates:
- 15 minutes: free
- First hour: $0.50
- Second/third hours: $1 per hour
- Fourth/beyond: $3 per hour
- All day: $23.50
weekend rates
- 15 minutes: free
- First hour: $0.50
- Second hour: $1.50
- Third hour: $2
- Fourth/and beyond: $5 per hour
- All day: $39
- Overnight Parking Lot: $30/night
$650,000
- Kiosks equipment
(installed by PWs)
- $100,000 for car and License
Plate Reader
- Marketing:
$15,000: logo, mailers, Ads
$1.1M
- $100,000 kiosk replacement
- Bank Card Fees
- Interstate: Flat-fee ($640,000)
- Passport:
App Software/per transaction
fee/Permit Mgt
- Parkeon: Kiosk Cost
- Breck staff and supplies
$2M $1 M Dedicated to transit
operation and
Mobility Capitol
Projects
New Building a parking structure planned:
- 550 existing
- Adding 405 more spaces
- two stories/3 stories
- $45M/$50M (loan)
Vail N/A -Approximately 3,000 spaces
- Three Parking Garages
- Red Sandstone Structure
- 120 weekdays
- 160 weekends or school out
- Ford park soccer fields
- Donovan Pavillion
In-house Mgmt (24/7
operations)(20+ parking staff):
-1/2 transit manager
- 3 supervisors
- 3 Technicians
- 14 atendents
- 2 ticket writers
- 1/2 part FTE: ticket sales
0 to 2 hrs Free
2 to 3 hrs $10
3 to 4 hrs $20
4 to 15 hrs $30
15 to 24 hrs $50
3pm until 3am Free
$1M in 2022 for equipment replacement $2M
- Staff
- Equipment/Supplies
- Software/Apps
- Does not include Bldg
Maintenance
$6.5M $4.5M General Fund N/A
Local Community Parking Program Summary
Paid Parking for the Town of Avon
Paid Parking Analysis
Should the Town of Avon charge for parking?
-Smarter Parking Management
-Encourage Turnovers
-Encourage Mass Transit Use
-Equitable? Who really pays for parking
2
Existing Parking Condition
Community Total: 2,185 parking spaces
-Town Owned: 511 Spaces
-On-Street –168 Spaces
-Lots –343 Spaces
-Private: 1,574 Spaces
3
Existing Parking Condition
•On-Street Parking
-Low turnover
•The Avon Rec Center
-Parking violators
•Harry A. Nottingham Park
-Low Inventory
•Special Events
-Low Inventory/Low Turnover/Parking violators
•Town Hall Lot
-Weekend Skier Permit Parking
•Overnight/Oversized Parking
-No available Town property
-Continue to discuss with private entities
4
Other Parking Programs
•Town of Vail –manages over 3,000 parking spaces, 20+ in-house staff
-Operating Cost: $2M –Revenue: $6.5M
-Revenue accrued in General Fund
•Town of Breckenridge –manages over 2,000 parking spaces, 3 in-house staff
-Operating Cost: $1.1M –Revenue: $2M
-Turnkey service contracted to the Interstate Parking Company
-Revenues dedicated to fare-free transit/Mobility Capital projects
Breckenridge Town Manager, Rick Holman, on paid parking “We wish we had done it sooner”
•Town of Aspen –manages over 4,000 parking spaces, 11+ in-house staff
-Operating Cost: $2M –Revenue: $4M
-Program includes parking fees, permits, and carpool permits
-Revenues are dedicated to their fare-free transit/mobility program
Aspen Transportation Director, John Krueger, “The store owners are happy every time they raise downtown parking fees;
Sale tax rises every time they raise parking fees” 5
Recommendation –Single Rate Structure
Edwards Mid-block Crossing 6
Recommendation –Single Rate Structure
Edwards Mid-block Crossing 7
STEPS FOR IMPLEMENTATION:
1) Hire a Parking Supervisor -Jan 2022
-Work on implementation details of a paid-parking program/plan
2) Finalize Paid-Parking Plan/Staffing level with Council –May 2022
3) Request for Proposal –Software/equipment –Jun 2022
-Select inhouse or contract services
4) Purchase/Install software/equipment/Signage –Aug 2022
5) Hire appropriate level of Parking Staff –Aug 2022
6)Operational –Nov 2022
Implementation Proposal
Edwards Mid-block Crossing 8
9
970.748.4014 mmorgan@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Max Morgan, Planner 1+
RE: Climate Action Investments
DATE: July 21, 2022
SUMMARY: This report provides an update on the Town’s goal to track investments related to greenhouse
gas (“GHG”) emissions reduction, and calculate return-on-investment (“ROI”) for relevant projects and
initiatives. Through effective investment tracking, the Town will be able to apply cost considerations for
projects that promote sustainability, and identify opportunities for future investments that advance Avon’s
role as a leader in combatting climate change.
This is submitted as a written report and no action by Council is requested, however, the information
included in this report will supplement the work session related to GHG Investment Tracking to take place
during the Town Council meeting on August 9th, 2022.
BACKGROUND: In order to address challenges related to housing, the economy, food security, the health
and wellness of people and the natural environment, the Town of Avon has employed strategies to reduce
greenhouse gas (“GHG”) emissions, also known as “carbon emissions” that contribute to the rising global
surface temperature. Neighboring municipalities have similarly embraced efforts to address climate
change, and regional collaboration resulted in the adoption of the Eagle County Climate Action Plan
(“CAP”). The CAP includes a framework for climate-action problem-solving in the region, and reports
priority actions and strategies that give agencies a blueprint for addressing GHG emissions locally.
The CAP implores municipalities to invest in projects, systems, and policies that promote sustainable
development and increased use of clean energy, and includes Annual Success Benchmarks that establish
measurable goals related to transportation, building energy use, and waste management. While many
sustainable initiatives launched prior to adoption of the CAP, the Town of Avon celebrates a variety of
initiatives that work towards the Annual Success Benchmarks including but not limited to:
1.The Recreation Center’s Heat Exchange System
2. Solar Panel Installation on Town-Owned Buildings
3.Installation of Electric Vehicle (“EV”) Charging Stations
4.Electric Vehicle Purchases for Town Vehicles
5.LED Lightbulb Swap and Street Light Retrofits
6.Waste Diversion Services at Town Events
The variety and scale of projects suggest a web of investments, project timelines, and outcomes that the
Town has a responsibility to track and report on effectively. In recent years, Town Staff crafted the CO2
Reduction Cost Analysis resource (or “Matrix”) that lists projects, years implemented, anticipated lifespans,
and their respective costs. These inputs allow for ROI analyses for unique projects measured by Town
Dollars per CO2 Metric Ton Reduced. As of the summer of 2022, the Matrix remains in development
however, it is realistic that the Matrix is finalized and utilized readily for ROI analyses by the end of the
year.
ANALYSIS: ROI analysis is a valuable activity for any municipality looking to gauge the impact of
investments, and validate their decision-making process when investing in initiatives related to GHG
reduction. The Intergovernmental Panel on Climate Change (“IPCC”) conducts similar analyses (See
“Attachment A”) however, the global-scale of the IPCC analyses does not always enable entities like the
970.748.4014 mmorgan@avon.org
Town of Avon to apply the resulting ROIs to our review of projects within nuanced populations in specific
locations. Resultingly, the Matrix is a more appropriate resource for the Town’s review of investments
when compared with the IPCC cost-benefit analysis of mitigation options, and also aligns the Town with
global best practices for GHG reduction and investment reporting by applying local considerations and
assumptions, and using more granular data.
The specific inputs needed to calculate ROI for each project vary. The Matrix is intended to report three
unique types of ROI calculations:
1.Basic ROI (“B-ROI”)
2. Business-As-Usual ROI (“BAU-ROI”)
3.ROI Over Time (“ROI-OT”)
Basic ROI is determined by multiplying the energy that is consumed by a specific entity or project with the
EPA Greenhouse Gas Equivalent factor and then dividing the results with purchase costs. If the project or
initiative has a lifespan greater than a year, the results should then be multiplied by the number of years the
project or initiative has been in effect.
BROI = (Annual Energy Consumed * CO2 Equivalent Factor / Project Costs) * Years of Use
For some projects, the ROI calculation includes a Business-As-Usual (“BAU”) component to establish a
baseline for emissions reduction. The BAU component represents a credit in the ROI calculation for projects
and purchases where the Town would likely incur a cost, whether we elected to make the purchase with an
emphasis on sustainability or not. The BAU-ROI calculation is relevant to projects like the Heat Recovery
System at the Rec Center swimming facilities, or electric vehicle purchases, where the Town would invest in
alternatives in lieu of the current investments. Projects where the hypothetical alternatives have no
associated costs do not undergo the calculation for BAU-ROI.
BAU-ROI = ((Annual Energy Consumed * CO2 Equivalent Factor) / (Project Costs – BAU Cost Estimate))
* Years of Use
It is critical that the Town apply considerations for the life span of projects in order to accurately assess the
value of projects and initiatives. Therefore, the calculation for ROI-OT is the best measure for ROI if it can be
determined that the assumptions for the projected lifespan of the project are accurate.
ROI-OT = ((Annual Energy Consumed * CO2 Equivalent Factor) / (Project Costs – BAU Cost Estimate)) *
Years of Anticipated Life Span
Some initiatives have a slightly modified ROI formula, such as Waste Diversion for Town Events. Waste
diversion costs are calculated by determining the GHG emission equivalent to the waste that is recycled or
composted, and dividing that figure by the fees applied to the waste diversion provider.
Determining the inputs for Project Costs requires substantial research into each specific project. Project
Costs ideally summates the cost of research and design, construction, energy use, maintenance and repair,
and other material costs. Certain aspects of projects, such as grant funding, present credits to the Project
Cost calculation. Additionally, Project Cost calculation can see some costs offset through the creation of
energy (e.g., solar panels), which will be factored into Project Costs.
970.748.4014 mmorgan@avon.org
While the Town maintains records that can provide accurate inputs for project costs, the process of
identifying inputs and subsequently assembling the associated records represents one of the most
intensive steps in determining ROI for investments to reduce greenhouse emissions (See Exhibit A).
Additionally, determining BAU Cost Estimates can require similar time and attention, as well as reliance on
third-parties and other municipalities to share information in order to make the input as accurate as
possible.
Exhibit A – Climate Action Investment Matrix Timeline
Upon successful calculation of Avon Project Costs and BAU Costs, Staff is positioned to input costs and
calculate ROI for unique projects. Before the end of 2022, the Town can anticipate data analysis specific to
ROI for investment projects, which will assist Staff, Council, and members of the public in the decision-
making process for future investments related to climate action.
FINANCIAL CONSIDERATIONS: The goal to develop and use the Matrix currently has no material cost
however, the Town could recruit a third-party consulting company to review and provide recommendations
based on the results of the Town’s ROI data. That said, the Matrix is a resource to assess the Town’s
future financial considerations related to climate action, and overall budgeting and investments.
Thank you, Max
ATTACHMENT A: IPCC Cost Analysis
15-Mar 15-Apr 16-May 16-Jun 17-Jul 17-Aug 17-Sep 18-Oct 18-Nov 19-Dec
Research Investment Tracking
Determine Project Costs / Offsets
Design ROI Formulas
Calculate Avon Project Costs
Calculate BAU Costs
Input Costs to Formulas
Identify and Vet Results
Analyze and Report
Establish Data Maintenance Plan
ATTACHMENT A - IPCC Cost Analysis
file:///C:/Users/mmorgan/OneDrive - Town of Avon/Desktop/Delete/107042040-1649170581524-SRL-image-8.webp 1/1
(970) 748-4021 pmckenny@avon.org
TO:
FROM:
RE:
DATE:
Honorable Mayor Smith Hymes and Council members
Patty McKenny, Deputy Town Manager | Town Clerk
IGA 2022 Eagle County Coordinated Election August
3, 2022
SUMMARY: The attached Intergovernmental Agreement sets forth the administration and conduct of the
November 8, 2022, Coordinated General Election. If the Town Council approves the IGA, the ballot will
include municipal candidates (four seats open) and possibly a ballot measure/s. The IGA must be submitted
to the County at least 70 days before the election, as required by § 1-7-116(2), which is August 30, 2022 in
order to participate.
BACKGROUND: The election will be administered as a coordinated mail ballot election by Eagle County
Clerk and Recorder Regina O’Brien. In my role as Town Clerk, I will serve as the designated election official
and work with the Eagle County Clerk to administer Avon’s portion of the coordinated election, acting as the
primary liaison between the Town and the County Clerk. This arrangement is outlined in the IGA, and the
Town Code Section 1.12.020.
ANALYSIS The IGA addresses such items as follows:
Responsibilities of County Clerk and Political Subdivision Responsibilities: section details responsibilities
for both election officials
Costs: This Section estimates election costs on a prorated basis based primarily on the number of ballot
issues, active voters, and/or items to be included on the ballot for each political subdivision. On average
election costs have been around $2,500 with presidential elections typically seeing higher voter turnout
and related higher costs.
Call and Notice: This section details who is responsible for the election publication
Ballot Certification: This section details the town’s role in submitting the ballot text to the county
Preparation of Voter Lists: This section details the exchange of the voter lists
Tabor Notice: This section details responsibility with regard to the Tabor notices
Street Locator List: This section details that the town is to provide an accurate street listing to the county
Cancellation: This section details that the town will notify the county if the election is cancelled
PROPOSED MOTION: I move to approve the Eagle County Intergovernmental Agreement for the November
8, 2022 Eagle County Coordinated Election.
Thank you,
Patty McKenny
ATTACHMENTS
Attachment A: Eagle County Intergovernmental Agreement for November 8, 2022 Coordinated Election.
Eagle County 2022 General Election IGA Page 1
Intergovernmental Agreement
Between the Eagle County Clerk and Recorder and
______________________
Concerning the Tuesday, November 8, 2022 General Election
THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and
____________________________________ concerning the Tuesday, November 8, 2022 General
Election is made on _______________________.
RECITALS
WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for
the General Election, and in accordance with state law, will conduct the General Election on behalf of all
participating political subdivisions having jurisdiction within the boundaries of Eagle County; and
WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the
General Election to enter into an agreement with the Clerk concerning the conduct of the General
Election, to be signed no later than seventy (70) days prior to the scheduled election; and
WHEREAS, the Political Subdivision intends to submit one or more ballot measure(s) and/or candidate
race(s) at the General Election; and
WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and
memorialize their agreement with respect to the conduct of the General Election.
NOW THEREFORE, in consideration of the above premises and the promises contained herein, the
parties agree as follows:
I. Coordinated and Designated Election Officials
A.Except as otherwise provided in this section, the Eagle County Clerk and Recorder (“Clerk”) shall
act as the Coordinated Election Official for the conduct of the Election for the Political
Subdivision for all matters in the Uniform Election Code which require action by the
Coordinated Election Official.
Attachment A
Eagle County 2022 General Election IGA Page 2
B. The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the
primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be
deemed or construed to relieve the Clerk or the Governing Body of the Political Subdivision
from their official responsibilities for the conduct of the Election.
C. Jurisdictional Limitation
This Agreement shall apply only to the portion of the Political Subdivision within the boundaries
of Eagle County.
D. Clerk’s Contact Officer
The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder
(stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the
Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election.
The Contact Officer shall act under the authority of the Clerk.
II. Clerk Responsibilities
The Clerk will perform all duties in substantial compliance with applicable provisions of the Election
Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”); the Election Rules promulgated by
the Colorado Secretary of State, as may be amended from time to time; and any then-current policy
directives of the Colorado Secretary of State, if applicable.
A. Preparation for Election
1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix
B), listing all residential street addresses situated within the Political Subdivision’s
boundaries, as currently configured in Colorado’s statewide voter registration database
(“SCORE”).
2. The Clerk shall manage all voter registration records and correspondence.
3. The Clerk shall supply, deliver, and set-up all voting equipment and other items necessary to
conduct the Election.
4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation,
and provide election judge training in advance of the Election.
5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in
accordance with law; contract for the printing of ballots, ballot envelopes, and other printed
materials reasonably necessary to conduct the Election; and arrange for payment to the
printing vendor(s).
Eagle County 2022 General Election IGA Page 3
6. The Clerk shall publish and post a notice of election as required by 1-5-205 C.R.S. in the
Eagle Valley Enterprise, the Vail Daily, the Aspen Times Weekly, and El Montanes no later
than twenty (20) days prior to the Election.
7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and
logic and accuracy testing of Eagle County’s voting system and components in substantial
compliance with Conditions of Use applicable to Eagle County’s voting system as certified by
the Colorado Secretary of State.
B. Conduct of Election
1. The Clerk shall designate the proper number and locations of voter service and polling
centers. All voting locations will be accessible to voters with disabilities.
2. The Clerk shall provide for the security and processing of all mail ballots and for the
verification of electors’ signatures on the self-affirmation printed on the mail ballot return
envelopes.
3. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted
mail and electronic transmitted ballots from military and overseas voters in substantial
compliance with the deadlines and delivery methods mandated by applicable provisions of
federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act,
all as amended.
4. The Clerk shall conduct the required post-election risk limiting audit.
5. The Clerk shall conduct any mandatory or permissive recount.
6. The Clerk shall appoint canvass board and risk limiting audit board members, oversee the
conduct of the canvass and risk limiting audit, and certify official results of the Election.
7. The Clerk shall provide an official Certification of Election to the Political Subdivision after
the official close of the Election. Any additional Certificates of Election which are required
by law to be forwarded to another division of government shall be the responsibility of the
Political Subdivision.
8. The Clerk shall preserve all election records relating to the Election for at least twenty-five
months pursuant to 1-7-802 C.R.S.
9. The Clerk shall be the final decision maker on any substantive and procedural issues
regarding the conduct of the Election.
C. Ballot Issue Notice (“TABOR Notice”)
Eagle County 2022 General Election IGA Page 4
1. The Clerk shall prepare and mail a combined ballot issue notice in substantial compliance
with Article X, Section 20 of the Colorado Constitution (“TABOR”) and applicable provisions
of the Election Code and Election Rules. As nearly as practicable, the notice shall be in the
order the ballot issues will appear on the ballot.
2. The Clerk shall mail the ballot issue notice not less than thirty (30) days prior to the Election,
pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S. The Clerk
shall determine the least cost method for mailing the ballot issue notice, but at a minimum,
the ballot issue notice shall be addressed and mailed to eligible voters at each address in
Eagle County where one or more registered voters of the Political Subdivision and of any
other participating entity resides. Nothing herein shall preclude the Clerk from mailing the
TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises
from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at
the least cost.
III. Political Subdivision Responsibilities
A. Contact Liaison
The Political Subdivision shall identify a “Designated Election Official” (DEO) to act as a
liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be
responsible for the final approval of ballot content and TABOR Notice content. To meet
statutory and printing deadlines, the DEO shall respond to all Election-related written
correspondence, electronic correspondence, phone calls, text message, or any other
communication from the Clerk/Contact Officer as soon as possible and no later than four
(4) hours from the time of delivery by the Clerk/Contact Officer. If the DEO cannot
respond within four (4) hours, an alternative official may respond on the DEO’s behalf.
Failure to respond to correspondence within four (4) hours shall constitute approval
allowing the Clerk to move forward.
1. The Political Subdivision has designated _________________________________________
whose mailing address is _____________________________________________________
and whose phone number is___________________________________________________
and whose cell phone number is _______________________________________________
and whose email address is____________________________________________________
and whose fax number is______________________________________________________
as its DEO for the purpose of the Election.
B. Certification of Address Ranges
1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address
ranges and street names actually situated in the Political Subdivision are accurately and
completely stated in the Address Library Report attached hereto as Appendix B.
Eagle County 2022 General Election IGA Page 5
2. In connection with such Address Library Report verification and certification, the Political
Subdivision shall note any address ranges or street names within the Political Subdivision
that are inaccurately or incompletely stated in or omitted from the Address Library Report,
and certify on the Statement of Certification (Appendix C) the accuracy and completeness of
the remainder of the Address Library Report.
3. If the certification is not provided by the date specified herein, the Political Subdivision may
not participate in the Election or the Clerk may build the election on the assumption that
the Address Library Report attached hereto as Appendix B is both complete and accurate, as
the Clerk in her discretion may decide. The Political Subdivision shall deliver to the Clerk its
Statement of Certification (Appendix C) and accuracy of the Address Library Report, with
notations regarding inaccuracies and omissions by the seventy (70) days before the
election, no later than 3:00 p.m. Mountain Standard Time on Tuesday August 30, 2022. Address
changes will not be allowed after this date.
C. Ballot Content
1. Definitions of Ballot Issue and Ballot Question:
a. TABOR “Ballot issue” means a state or local government matter arising under section 20
of article X of the state constitution, as defined in sections 1-41-102(4) and 1-41-103(4),
respectively.
b. “Ballot question” means a state or local government matter involving a citizen petition
or referred measure, other than a ballot issue.
2. The Political Subdivision shall be solely responsible for determining whether a ballot issue,
ballot question, candidate contest, or candidate is eligible and properly certified for the
ballot.
3. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content
(candidate contests, ballot issues, and ballot questions in order) referred by the Political
Subdivision for the Election pursuant to section 1-5-203:
a. Notwithstanding any other provision of this Agreement, the Political Subdivision shall
not certify any single ballot issue or ballot question in excess of two hundred and fifty
words (inclusive of the title) unless the Clerk provides written consent in advance.
b. Notwithstanding any other provision of this Agreement, the Political Subdivision shall
not certify any single ballot issue or ballot question title in excess of ten (10) words
unless the Clerk provides written consent in advance.
c. Such certified ballot content and the signed resolution which authorizes the ballot
content shall be delivered to the Clerk as an email attachment in Word format (see
Eagle County 2022 General Election IGA Page 6
section C.2.g on pg. 6 for full required formatting of ballot and TABOR content), at the
earliest possible time and in no event later than 3:00 p.m. Mountain Standard Time on
Friday, September 9, 2022 (Appendix A), pursuant to section 1-5-203, C.R.S., as
amended.
d. The Political Subdivision that issues certified ballot content pursuant to 1-5-203, C.R.S.
shall be solely responsible for the accuracy of the information contained in the
certificate. Any error that can be corrected pursuant to 1-5-412, C.R.S. shall be
corrected at the expense of the Political Subdivision whose designated election official
issued the incorrect certification. Such costs include but are not limited to staff time to
reprogram election content, additional required logic and accuracy testing, reprinting of
ballot and ballot materials, and staff time required to make corrections.
e. All ballot content certified by the Political Subdivision shall utilize the exact language
and order as such ballot content is to appear on the printed official and sample ballots
for the Election. The list of candidates/questions must be typed exactly as it is to appear
on the ballot, including correct order, title, capitalization, spelling, spacing, and
punctuation.
i. For candidates, specify exact titles of offices, the order of the names to appear
for each office, and the order of offices.
ii. For issues, specify the ballot title and the order of the issues (per C.R.S., Clerk
determines specific numbering on the ballot).
iii. If the Political Subdivision has a TABOR issue on the ballot, the issue text must be
typed in all uppercase as is dictated by law (e.g. TABOR Amendment).
iv. If the Political Subdivision has a non-TABOR question on the ballot, the question
must be typed in mixed case.
v. Bullet points may be used, but sub-bullet points may not; spacing is at the
discretion of the Clerk to accommodate proper ballot layout.
vi. Ballot Issues or Questions Vote Choice must be formatted as follows:
_____YES/FOR _____NO/AGAINST
It is at the discretion of the Clerk to change the formatting on the ballot to match this
formatting if it is not certified in this requested format or if the formatting results in the
ballot increasing in length, multiple sides, or multiple page numbers.
f. The Political Subdivision has the responsibility to proofread and edit the text of the
ballot proof before the Clerk will authorize printing of the ballots. From the time the
Clerk delivers via email the ballot proof, the Political Subdivision has four (4) hours to
proofread, correct if necessary, sign, and return the proof to the Clerk. The Political
Subdivision’s failure to disapprove and correct errors within that time shall constitute an
approval of the ballot proof. After final approval of the ballot proof, the Political
Subdivision assumes all responsibility and cost for any judicial proceedings related to
Eagle County 2022 General Election IGA Page 7
any errors within the text of their issue, question, or contest on the printed ballots.
g. The Political Subdivision authorizes the Clerk to correct typographical errors and
omissions and determine the appropriate ballot question number or letter upon
designation of the ballot number or letter by the Clerk.
h. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact
Officer in conformance with the following formatting guidelines:
i. Software: Microsoft Word '03 or later (not as a PDF)
ii. Spacing: Single
iii. Font Type: Arial Narrow
iv. Font Size: 12 point
v. Justification: Left
vi. All Margins: 0.5 inches
vii. Language: English
viii. Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and
stacey.jones@eaglecounty.us
Submissions not meeting these requirements may be rejected by the Clerk.
i. Spanish language translation of the ballot content must be submitted by the Political
Subdivision to the Clerk by 3:00 p.m. Mountain Standard Time on Friday, September 9,
2022. Spanish translation of TABOR Notice content is also required.
j. The Political Subdivision must provide an audio recording of each candidate’s name. The
DEO or candidate may leave an audio recording of the candidate’s name, exactly as
certified for the ballot, on the voicemail of the Clerk (970-382-8783) or Contact Officer
(970-328-8726). This audio recording must be provided no later than the deadline to
certify ballot content, Friday, September 9, 2022 by 3:00 p.m. Mountain Standard Time
(Appendix A).
D. Ballot Issue Notice (“TABOR Notice”)
1. The Political Subdivision shall receive, store and prepare TABOR Notice content according to
the provisions set forth in Article X, Section 20 of the Colorado Constitution (TABOR
Amendment) and 1-7-901, 1-7-902, 1-7-903, 1-7-904, and 1-7-908 C.R.S.
2. The Political Subdivision shall transmit via email the summaries, fiscal information, and all
other required material to the Clerk no later than forty-three (43) days, Monday,
September 26, 2022 (Appendix A) before the Election in final written form in accordance
with the formatting guidelines for ballot certification (see formatting bullet points listed in
section C.3.h). Submissions not meeting these requirements will be rejected by the Clerk.
Eagle County 2022 General Election IGA Page 8
3. The Political Subdivision shall incorporate in its TABOR Notice content a local office address
and telephone number specific to the Political Subdivision or the Political Subdivision DEO
to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all
correspondence and inquiries that the Clerk receives within its expertise relating to election
procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues,
ballot questions, candidates, or the operations of the Political Subdivision to the Political
Subdivision’s DEO.
4. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR
Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time
the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has four (4)
hours to proofread, correct if necessary, sign, and return the proof to the Clerk. The
Political Subdivision’s failure to disapprove and correct errors within that time shall
constitute an approval of the TABOR Notice proof. After final approval of the TABOR Notice
proof, the Political Subdivision assumes all responsibility and cost for any judicial
proceedings related to any errors within the text of their issue or information presented on
the TABOR Notice.
E. Cancellation of Election
1. In the event that the Political Subdivision resolves not to hold the Election, notice of such
cancellation shall be provided to the Clerk immediately. The Political Subdivision shall not
cancel its participation in the Election after the twenty-fifth (25) day before the election,
Friday, October 14, 2022 (Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended.
2. The Political Subdivision shall provide notice by publication of the timely cancellation of the
Election and a copy of the notice shall be posted in the Office of the Clerk, in the office of
the Designated Election Official, in the primary building of the Political Subdivision, and, if
the Political Subdivision is a special district, in the office of the division of local government.
The Political Subdivision is solely responsible for delivering such postings to each entity.
3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the
date that notice was received by the Clerk together with all expenses incurred thereafter
which could not be avoided by reasonable effort. All costs incurred or contracted for by the
Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed
by the Political Subdivision.
4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full
actual costs of the activities of the Clerk relating to the Election incurred both before and
after the Clerk’s receipt of such notice.
F. Other Responsibilities
Eagle County 2022 General Election IGA Page 9
1. The Political Subdivision shall exercise all reasonable diligence, care, and control in
providing these services to the Clerk.
2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic
and accuracy testing, post-election canvass, and risk limiting audit as requested by the
Clerk.
3. The Political Subdivision shall give assistance and information to the Clerk on any matter to
ensure the smooth and efficient operation of the Election (such information not to include
legal advice).
4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are
necessary or appropriate to the performance of the above duties.
5. The Political Subdivision shall follow the additional responsibilities in which non-resident
property owners may be eligible to vote as set forth in Appendix D hereto.
IV. Miscellaneous
A. Costs
1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the
Election, including but not limited to costs incurred for supplies, printing, ballot insertion
and mailing, legal and other notices, temporary labor, compensation of election judges,
overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the
Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision
general estimates of cost but such estimates are not binding. The Political Subdivision is
responsible for the pro rata share of actual costs as determined by the Clerk.
2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses
reasonably incurred in connection with the preparation, printing, labeling, postage, and
mailing for the ballot issue notice. Said expenses shall be prorated among all Political
Subdivisions participating in the ballot issue notice.
3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct
costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to
remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely
perform any of its obligations under this Agreement, without regard to whether the Political
Subdivision rescinds its intent to participate in the Election.
4. In the event an interested party is not liable for payment of costs incurred in connection
with a mandatory or permissive recount of, or election contest relating to, one or more
candidate contests, ballot issues or ballot questions certified by the Political Subdivision, the
Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by
Eagle County 2022 General Election IGA Page 10
the Clerk to conduct or participate in any such recount or ballot contest. If more than one
political subdivision participating in the Election is involved in any such recount or election
contest, the costs thereof shall be prorated between the Political Subdivision and such
other participating entities.
5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings
regarding whether or not issues legally belong on the ballot and any other challenges, both
pre- and post-election, relating to the question of the Political Subdivision.
6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s
pro rata share of direct and indirect costs incurred in connection with the Political
Subdivision’s participation in the Election within ninety (90) days after the Election
(Appendix A).
7. The minimum charge for coordinating the Election with the Clerk for coordinating entities
with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for
coordinating entities with 301 or more active voters on Election Day shall be $1000.00.
8. In addition, there will be a surcharge for coordination and administration of non-resident,
property owner ballot mailing of $1000.00.
9. The Political Subdivision shall remit all payments due to the County upon receipt of an
itemized statement by February 28, 2023 (Appendix A).
B. Indemnification
To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold
harmless the County, its officers and employees, from any and all losses, costs, demands, or actions
arising out of or related to any actions, errors or omissions of the Political Subdivision in completing
its responsibilities relating to the Election and related tasks.
C. Reasonable Care
The County and its employees, agents, representatives, or other persons acting under the direction
or control of the County shall use reasonable care in carrying out their obligations under this
Agreement.
D. Notices
Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are
deemed to have been received and to be effective:
● three days after they have been mailed by certified mail, return receipt requested to the
address as set forth below; or
Eagle County 2022 General Election IGA Page 11
● immediately upon hand delivery to Regina O’Brien, Clerk; or
● immediately upon receipt of confirmation that a fax or e-mail was received.
To Clerk: Regina O’Brien
Eagle County Clerk and Recorder
P.O. Box 537
Eagle, CO 81631
Fax: 970-328-8716
Email: regina.obrien@eaglecounty.us
Time is of the Essence
Per 1-7-116(2) C.R.S. this Agreement must be signed and returned to Regina O’Brien, Clerk and
Recorder, seventy (70) days before the Election, Tuesday, August 30, 2022 (Appendix A).
The statutory time requirements of the Uniform Election Code and the time requirements set by
the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the
completion of the tasks required by this Agreement.
In witness whereof, the Parties hereto have executed this Agreement to be effective this day:
___________
(Date)
________________________________________
Designated Election Official Date
For _____________________________________
(Political Subdivision)
________________________________________
Regina O’Brien Date
Eagle County Clerk and Recorder
Eagle County 2022 General Election IGA Page 12
Appendix A
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 8, 2022 GENERAL MAIL BALLOT ELECTION
While this calendar may not include all election dates, some key dates are identified for reference.
Dates double underlined are key delivery dates of information from you to the Clerk’s office.
Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines:
● Friday, July 29, 2022 – 100 days prior - If by 100 days before the election, a Political Subdivision has taken
formal action to participate in an election that will be coordinated by the Clerk, the Political Subdivision shall
notify the Clerk in writing. 1-7-116(5), 1-1-106(5) C.R.S.
● July 25 – 29, 2021 – IGAs will be mailed to participating entities. IGA will include address ranges that need
to be verified and certified before or on the date the IGA is due. Political Subdivisions with property owner
ballots should also review Appendix D in the IGA and contact the Eagle County Assessor’s office to secure
the particular property owner list.
● Tuesday, August 30, 2022 @ 3:00 p.m. MST – 70 days prior - Political Subdivisions participating in the
election must return signed IGAs to the Clerk. 1-7-116(2) C.R.S. Political Subdivisions must verify and certify
that all address ranges situated in the Political Subdivision (Appendix B) are accurate and complete, note any
changes or inaccuracies, and certify no later than 70 days prior to Election (Appendix C). Address changes
will not be made after this date. Please submit sooner if possible.
● Friday, September 9, 2022 @ 3:00 p.m. MST – Last day for the DEO from each Political Subdivision to certify
the ballot text in English and Spanish and provide audio recordings of candidate names to the Clerk;
deadline is 3:00 p.m. Please submit sooner if possible. 1-5-203(3)(a) C.R.S.
● Monday, September 12, 2022 – Last day for Political Subdivisions with property owner ballots to certify the
revised Assessor’s property owner list to the Clerk. Please submit sooner if possible.
● Week of September 19, 2022 – Equipment and Logic and Accuracy Testing
● Monday, September 19, 2022 – Deadline for Political Subdivisions with property owner ballots to certify the
military and overseas (UOCAVA) voter list to the Clerk.
● Saturday, September 24, 2022 – No later than 45 days prior – Deadline to send mail ballots to military and
overseas voters (UOCAVA voters). 1-8.3-110(1) C.R.S.
● Monday, September 26, 2022 – 43 days prior - Political Subdivisions shall deliver the full text of any required
ballot issue notices (e.g. TABOR Notice) and pro/con statement summaries in English and Spanish to the
Clerk in order to be included in the issue mailing. 1-7-904 C.R.S.
● Friday, October 7, 2022 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). Colorado
Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S.
● Friday, October 14, 2022 – 25 days prior - Last date for Political Subdivision to cancel election or withdraw
ballot issue or question. 1-5-208(2) C.R.S.
Appendix A continued on page 2
Eagle County 2022 General Election IGA Page 13
Appendix A – Continued (page 2)
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 8, 2022 GENERAL MAIL BALLOT ELECTION
● Week of Monday, October 17, 2022 – Ballots may begin to be mailed, except for UOCAVA voters. 1-7.5-
107(3)(a)(I) C.R.S. 24-hour ballot drop boxes open in Avon, Edwards, Eagle, Gypsum, El Jebel, Basalt, and
Vail.
● Wednesday, October 19, 2022 – Property Owner Ballot Entities Only - Secure the supplemental Political
Subdivision Property Owner list from the Eagle County Assessor’s Office
● Friday, October 21, 2022 - Property Owner Ballot Entities Only -Certify the revised supplemental Assessor’s
list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk. Please submit
sooner if possible.
● Monday, October 24, 2022 – Vote Centers open. 1-5-102.9(2) C.R.S.
● Monday, October 31, 2022 – 8 days prior - Last day to register to vote to receive a mail ballot. After this
date voters may pick up ballots in person at any Vote Center. 1-2-201(3)(b)(III) C.R.S.
● Tuesday, November 8, 2022 – Election Day - Polls open 7:00 a.m. – 7:00 p.m. All ballots must be in the
hands of the Clerk by 7 p.m. Mountain Standard Time on Election Day to be counted.
● Wednesday, November 30, 2022 – Deadline to certify election results. Official results will be forwarded to
Political Subdivisions. 1-10-102(1), 1-10-103(1) C.R.S.
● Monday, February 6, 2023 – Last day for the Clerk to mail invoices to Political Subdivisions for their share of
election as well as any recount costs.
● Tuesday, February 28, 2023 – Last day for Political Subdivisions to submit payment for election and recount
costs to the Clerk's office.
Eagle County 2022 General Election IGA Page 14
Appendix B
STREET LOCATOR REPORT FOR
NOVEMBER 8, 2022 GENERAL MAIL BALLOT ELECTION
Eagle County 2022 General Election IGA Page 15
Appendix C
STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT
FOR NOVEMBER 8, 2022 GENERAL MAIL BALLOT ELECTION
I, ___________________________________, as Designated Election Official
for______________________________________, (hereinafter “Political Subdivision”) do hereby certify that the
Street Locator Report provided to the Political Subdivision has been reviewed, corrections made, and to the best
of my knowledge, I believe it is a true and complete list of the addresses located within the Political Subdivision.
Designated Election Official Signature Date
for _____________________________________
(Name of Political Subdivision)
Eagle County 2022 General Election IGA Page 16
Appendix D
PROPERTY OWNER BALLOTS – TITLE 32
This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under
Title 32) in which property owners who are not Eagle County residents but are registered electors in the State
of Colorado may be eligible to vote. Property owner self-affirming oaths must be signed and returned to the
County Clerk’s Office before ballots are sent to eligible property owners.
Overview - Property Owner Ballots
Property owner ballots are special ballots that contain only those ballot contests certified by Political
Subdivisions in which owners (and their spouses or civil union partners) of real and personal property are eligible
to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1-
103(5) C.R.S.).
If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in
the Political Subdivision, the Clerk will issue the voter a regular Eagle County ballot style that contains all of the
contests in which they are eligible to vote in a given election, including the ballot content referred by the
Political Subdivision.
If a person resides outside of the Political Subdivision, owns property within the Political Subdivision, and is
registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the
contests referred by the Political Subdivision. This ballot will be sent only after the self-affirming oath has been
returned by the voter to the Clerk and after the Clerk has verified the voter’s eligibility in the statewide voter
registration system. If the property owner does not specify a ballot mailing address on the self-affirming oath,
the property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter
registration system.
Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property
owner ballot.
Responsibilities of the Coordinating Political Subdivision
Street Locator Report
Eagle County 2022 General Election IGA Page 17
1. Review the Street Locator Report provided from the Clerk’s office (Appendix B).
2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and
are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the
Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk
no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 30, 2022, seventy (70) days
before the election. Please submit sooner if possible. The Political Subdivision is responsible for the
accuracy of this report.
Overseas and Military Voter List
1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk.
Property Owner List
1. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office.
2. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s list.
3. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format
to the County Clerk by Monday, September 12, 2022. Please submit sooner if possible. Political
Subdivision is responsible for the accuracy of this list.
4. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list
to determine if there are any Political Subdivision property owners on the UOCAVA list. It is the
responsibility of the Political Subdivision to certify the list of any UOCAVA property owners to the Clerk
by Monday, September 19, 2022, to ensure statutory delivery of UOCAVA property owner ballots
(NOTE: UOCAVA ballots must be sent by Saturday, September 24, 2022 (1-8.3-110(1) C.R.S.)).
5. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s
Office no later than Wednesday, October 19, 2022 (20 days before the election). This supplemental list
shall contain the names and addresses of all recorded owners who became owners no later than
Monday, October 17, 2022 (22 days prior to the election).
6. Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in
Excel format to the County Clerk by Friday, October 21, 2022. Please submit sooner if possible. Political
Subdivision is responsible for the accuracy of this list.
Responsibilities of the County Clerk and Recorder
1. After receiving the certified property owner list from the Political Subdivision, as well as the
Eagle County 2022 General Election IGA Page 18
supplemental list, prepare and send the property owner TABOR Notice to the property owner
households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be
combined with other TABOR notices or mailed separately at the discretion of the Clerk.
2. A self-affirming oath will be sent to each household that must be returned by each eligible elector
(1-13.5-202, C.R.S and 32-1-103(5), C.R.S.).
3. Upon return to the Clerk of the signed self-affirming oath, determine if the individual is a registered
voter in the State of Colorado but does not reside in the Political Subdivision.
4. Prepare and send property owner ballots to all eligible electors entitled to vote by virtue of a self-
affirmation (32-1-806, C.R.S.).
5. Record each property owner ballot returned and signature verified.
6. Process ballots in the counting room.
7. Tabulate and certify results.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 26, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
1. CALL TO ORDER AND ROLL CALL
Video Start Time: 00:00:01 Part One
The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Pro
Tem Phillips called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council
members present in person were Lindsay Hardy, Tamra Underwood, Scott Prince, and RJ Andrade. Council
member Chico Thuon and Mayor Smith Hymes were present via Zoom. Also present in person were
Deputy Town Manager Patty McKenny, Public Works Director Eva Wilson, Chief of Police Greg Daly,
Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de
Jong, and Deputy Town Clerk Brenda Torres.
EXECUTIVE SESSION PURSUANT TO CRS 24-6-402(4)(B) FOR THE PURPOSES OF RECEIVING LEGAL ADVICE ON SPECIFIC
LEGAL QUESTIONS MORE SPECIFICALLY RELATED TO POTENTIAL LIABILITY RELATED TO DEBRIS FLOW AND STORM EVENTS
Council members present in person were Lindsay Hardy, Tamra Underwood, Scott Prince, and RJ Andrade.
Council member Chico Thuon and Mayor Smith Hymes were present via Zoom. Also present in person
were Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, Deputy Town Manager Patty
McKenny, and General Government Manager Ineke de Jong. Councilor Prince moved to go into Executive
Session pursuant to CRS 24-6-402(4)(b) for the purposes of receiving legal advice on specific legal
questions more specifically related to potential liability related to debris flow and storm events. Councilor
Andrade seconded the motion and the motion passed with a vote of 7 to 0. The time was 4:03 p.m.
The Executive Session started at 4:05 p.m.
The Executive Session ended at 4:51 p.m.
2. APPROVAL OF AGENDA
Video Start Time: 00:01:08 Part One
Councilor Prince requested to pull off agenda item 7.10 Parking Management Program Update report.
Mayor Pro Tem Phillips added it after item 6.1.
Councilor Underwood moved to approve the agenda as amended. Councilor Prince seconded the motion
and the motion passed with a vote of 7 to 0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:02:09 Part One
Councilor Underwood disclosed that she holds a short-term rental license, relevant to items 5.5 and 5.6.
as she has disclosed before.
She clarified it is not a conflict of interest, only a disclosure.
4. PUBLIC COMMENT
Video Start Time: 00:02:49 Part One
Mayor Pro Tem Phillips explained how to participate via video/audio, via telephone, or via email, and
that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 26, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Jennifer Lance, Avon resident, commented in person. She talked about the mudslide and relief funding.
She said her condo was damaged, almost 1 year has passed and it has not been back to normal yet. She
mentioned they have sandbags, but that is not a permanent or sustainable solution and urged Council to
consider approving grand funding for Beaver Bench projects.
Sarah Will, Avon resident, commented in person. She talked about ADA parking difficulties she has found
in businesses on Metcalf Road. She said she is looking for sustainability in the community.
Ruth Stanley, Avon resident, commented via Zoom. She talked about the mudslide and said that the bus
stop on West Beaver Creek Boulevard still has around 5” of mud and asked if that will be cleaned up as
every time it rains it might come back to their driveway.
5. BUSINESS ITEMS
5.1. PRESENTATION: NOVEMBER 8, 2022 GENERAL ELECTION UPDATES: COORDINATED ELECTION, DESIGNATE ELECTION
OFFICIAL, TIMEFRAME FOR CIRCULATING NOMINATION PETITIONS, PREVIEW ELECTION CALENDAR DATES AND TASKS
(DEPUTY TOWN MANAGER PATTY MCKENNY)
Video Start Time: 00:16:17 Part One
Deputy Town Manager McKenny presented and provided an update on the November 8 th
election. She talked about general information for candidates looking to run for one of the four
open seats. She said candidate packets will be available at the Town Clerk’s Office starting
August 9th, and the due date to be submitted is August 29 th.
Councilor Underwood asked to double check the dates in the press release as the y seemed to
be mixed up. Mayor Sarah Smith Hymes clarified that people in the community cannot sign
more than four different candidate petitions.
A motion to designate Deputy Town Manager Patty McKenny as the Designated Elections
Official as proposed in the packet was no longer needed as she was officially given the Town
Clerk title today.
5.2. PRESENTATION: RESULTS AVON VOTER POLLING ON USE TAX, MARIJUANA TAX, AND REGIONAL TRANSPORTATION
AUTHORITY TAX QUESTIONS (GENERAL GOVERNMENT MANAGER INEKE DE JONG AND TOWN MANAGER ERIC HEIL)
Video Start Time: 00:26:35 Part One
General Government Manager de Jong presented the results as outlined in the packet and Ryan
Winger with Magellan Strategies joined the meeting to answer Council questions.
Councilor Underwood asked about the lodging tax. Town Manager Eric Heil said that the lodging
tax is supported by the voters but will not be considered by the RTA as the County wants to ask
a lodging tax question for housing. Councilor Andrade asked if the RTA draft ballot question
would be the same for all jurisdictions. Town Manager Eric Heil confirmed. Mayor Smith Hymes
asked via Zoom if the RTA polling was presented to Council. Mayor Pro Tem Phillips pointed out
that this poll results are highly weighted to Wildridge, and she presumes that people who voted
are people who stay at home and are available and people who work 2 -3 jobs and take the bus
were too busy to participate in the poll.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 26, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Town Manager Eric Heil suggested scheduling a special meeting in the first Tuesday in
September to know then what the County and Town of Vail have decided about moving forward
with referring the RTA to the ballot or not. Staff will schedule a special meeting on Tuesday
September 6 th via Zoom, which will be cancelled if it i s no t needed but for now it will be on
everyone's calendar.
5.3. FIRST READING: ORDINANCE 22-10 COUNCIL COMPENSATION (TOWN MANAGER ERIC HEIL)
Video Start Time: 00:48:50 Part One
Town Manager Eric Heil presented the topic and explained that compensation has not been raised
since 1996 and the proposed raise would go into effect for future Councilors in December 2024 to
apply to the seven Council members at the same time. He explained the current and proposed
amounts.
Councilor Prince supported the increase for future Council members, but not the payment per
committee. He said anyone running for Council should afford living here. Councilor Hardy also
supported the increase and said she would like to have more demographics. Councilor Underwood
supported to implement the increase in 2024 to put everybody on even playing field. She agreed
with Councilor Prince and said it would be very difficult to administer the extracurricular activity.
Councilor Andrade would like increases to be more gradually, instead of a big jump of doubling after
20 years. He suggested to re-evaluate every 5 years. Councilor Thuon agreed with Councilor
Andrade’s comment.
Mayor Smith Hymes agreed committee compensation is cumbersome and did not agree to do it, but
this is a job, and being paid a reasonable amount of money sends a message to Councilors that their
time and expertise are valued, and it also sets an expectation about commitments. She talked about
getting an extra credit in lieu of getting health insurance benefits through the Town.
Mayor Pro Tem Phillips called for p ublic comment s and no public comments were made.
Mayor Pro Tem asked if it would be possible to redo the ordinance to add some triggers to activate
an automatic raise every 6 years due to inflation, etc. Councilor Prince also asked about the opting-
out from the health insurance option.
Councilor Underwood moved to continue first reading of ordinance 22-10 and asked the Town
Manager and the Interim Town Attorney to bring back the ordinance with committee compensation,
bumping down the first step up from doubling it and addressing the possibility of providing a credit
for Councilors that decline health insurance benefits edits. Councilor Andrade seconded the motion
and the motion passed with a vote of 7 to 0.
5.4. PRESENTATION HOUSING UPDATES (TOWN MANAGER ERIC HEIL AND PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 01:11:38 Part One
Town Manager Eric Heil and Planning Director Pielsticker presented the housing updates. They
thanked Council or Andrade and Councilor Hardy for being involved in the process of interviews.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 26, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Council appreciated that staff is being so proactive in the Mi Casa program and exploring all
options.
Mayor Pro Tem Phillips asked to revisit the 12% flat of the cap to increase if it is included in the
overlay short term rental area. Mayor Sarah Smith Hymes asked when will the inventory be
done and Planning Director Matt Pielsticker said it should be done by the end of August.
5.5. PUBLIC HEARING - SECOND READING: ORDINANCE 22-08 SHORT TERM RENTAL LICENSING (PLANNER 1+ MAX
MORGAN)
Video Start Time: 01:27:18 Part One
Town Manager Eric Heil presented and said that the redline strikeout in page 72 in the packet
shows the revisions Councilor Underwood suggested in the first reading. There was a lengthy
discussion and several edits to the language , including definition s as “front desk ”, “consecutive
days ”, and “time share”. He made revisions as Council commented.
Mayor Pro Tem Phillips called for p ublic comment s and Scott Puzmar , Avon resident,
commented in person about re -renting other people short term rentals.
No virtual comments were made.
Mayor Pro Tem Phillips suggested to go through the rest of the meeting and get back to this
item later tonight.
Councilor Underwood moved to continue this item to be discussed tonight after item 7.10 .
Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0.
5.6. FIRST READING: ORDINANCE 22-09 SHORT TERM RENTAL CODE TEXT AMENDMENTS (PLANNING DIRECTOR
MATT PIELSTICKER)
Video Start Time: 02:11:49 Part One
Town Planner 1+ Morgan presented a PPT presentation with the analysis and proposed town
core map .
Councilor Underwood clarified the overlay map and the different types of licenses inside and
outside the town core. Council discussed the minimum of three Short-Term Rental licenses per
complex, some Councilors thought this may not help the goal of limitin g Short-Term Rentals for
the smaller complexes and others thought it was ok ay to leave that minimum in place. Councilor
Andrade asked to make licenses transferrable, and staff explained it would be complicated.
Councilor Underwood asked if there could be tr ansfer exemptions just like the Real E state
Transfer Tax exemption, for instance when the title of a property changes hands when gifted to
a family member , etc.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 26, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Mayor Pro Tem Phillips called for p ublic comment s and no public comments were made .
Councilor Underwood moved to continue first reading of ordinance 22 -09 to the August 9th
meeting and asked staff to elaborate on education of different Short-Term Rental licenses,
improve the overlay map, take off the three Short-Term Rental licenses per complex minimum.
Mayor Smith Hymes seconded th e motion and the motion passed with a vote of 4 to 3. Councilor
Prince, Councilor Andrade , and Councilor Thuon voted no as they supported keeping the three
Short -Term Rental licenses per complex minimum.
Council took a 5-minute recess.
5.7. LOT B/L OT 3 URA DEVELOPMENT CONCEPT (PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 00:00:01 Part Two
Town Manager Eric Heil introduced the topic and Planning Director Pielsticker presented the
project.
All Council members were very excited about this development and especially the 50% deed
restricted units . They all supported these two projects to move forward. Councilor Hardy
expressed that in eight years in the Planning and Zoning Comm ission and two in Council, this is
the best solution she has seen, and she supported it as it is now. Councilor Thuon said this is a
great use of land. Mayor Pro Tem Phillips mentioned that a heat -pump generated snow melt
would be appropriate for this area and requested this option and HOAs to be explored.
5.8. P UBLIC HEARING - SECOND READING: ORDINANCE 22-11 RECALL REGULATIONS (TOWN MANAGER ERIC HEIL)
Video Start Time: 00:21:29 Part Two
Interim Town Attorney Hanlon presented two alternatives to count the votes : alternative one,
total votes for all candidates + total votes cast for no candidate (i.e. undervotes) X 0.25/number
of Council seats to be filled in the preceding regular Town election, and alternative two, total
votes for all candidates X 0.25/number of Council seats to be filled in the last preceding regular
Town election. He expressed this is a politic al decision for Council, more than a legal decision
and expressed he can not advice which one is the better legal decision, but mathematically
alternative two is the safer choice.
Councilor Underwood asked to add language about the U.S. Constitution and supported
alternative one . Councilor Hardy also supported alternative one and said every voter has to be
counted even they do not intent to vote. Councilor Prince supported alternative one or go with
"ballots cast" which is equivalent to a lternative one but uses different words and takes away
the interpretation of "total vote cast". Mayor Smith Hymes agreed with Councilor Prince’s
comments and said she is fully support of the right to recall. Mayor Pro Tem supported
alternative one and goin g with the “ballots cast”.
Mayor Pro Tem Phillips called for p ublic comments and no public comments were made.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 26, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Councilor Prince motioned to continue second reading of ordinance 22 -11 to the August 9th
meeting . Councilor Andrade seconded th e motion and the motion passed with a vote of 7 to 0.
5.9. ACCEPTANCE OF THE 2021 ANNUAL COMPREHENSIVE FINANCE REPORT (FINANCE DIRECTOR SCOTT WRIGHT)
Video Start Time: 00:48:06 Part Two
Finance Director Scott Wright introduced Paul Backes with McMahon & Associates, the Town's
independent auditing firm, who joined via Zoom and presented the 2021 audit results . He
expressed that the Town received a clean opinion and two recommendations.
Councilor Prince moved to accept the 2021 Annual Comprehensive Financial report. Councilor
Andrade seconded th e motion and the motion passed with a vote of 7 to 0.
5.10. WORK SESSION: RECYCLING (SUSTAINABILITY COORDINATOR CHARLOTTE LIN)
Video Start Time: 00:53:00 Part Two
Sustainability Coordinator Lin presented the recycling work session and took Council through a
PPT on recycling ordinances analysis. She e xpressed that the goal is to get Council direction on
the draft ordinance, and to schedule first reading. Town Manager Eric Heil mentioned this draft
of the first reading ordinance mimics what Vail has already in place.
Councilor Underwood said she is supportive of this and asked about the hauler requirements.
Mayor Pro Tem asked about the grinder in Eagle County. Councilor Andrade said he is very
prepared for this as he has a business also in Vail and suggested to give plenty of education and
lead time to roll this out to commercial businesses. Councilor Prince woul d like to see financial
impact information from the haulers. Mayor Smith Hymes and Mayor Pro Tem Phillips asked
about the difference of size containers .
Mayor Pro Tem Phillips called for p ublic comments and no public comments were made.
Councilor Underwood expressed she would like the ordinance to apply to all residents, not just
multi-family, if this will be drafted with a year -in-advance implementation timeline. Majority of
Council members agreed.
6. MINUTES
6.1. APPROVAL OF JUNE 28, 2022 REGULAR COUNCIL MEETING MINUTES (GENERAL GOVERNMENT INTERN EMILY
MYLER)
Video Start Time: 01:26:08 Part Two
Councilor Andrade moved to approve the June 28, 2022 as presented. Councilor Prince seconded the
motion and the motion passed with a vote of 6 to 0. Councilor Underwood abstained from the
vote.
7. WRITTEN REPORTS
7.1. Monthly Financial Report (Finance Manager Joel McCracken)
7.2. Quarterly RETT Report (Accountant I Carly Fackler)
7.3. E-Bike Incentive Program Update (General Government Intern Emily Myler)
AVON REGULAR MEETING MINUTES
TUESDAY JULY 26, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
7.4. Quarterly Mi Casa Program Update (Senior Planner Jena Skinner)
7.5. Green House Gas Matrix (Planner 1+ Max Morgan)
7.6. Building Electrification Data Collection (Planner 1+ Max Morgan)
7.7. Community Swim Program – 5-year Review (Recreation Director Michael Labagh)
7.8. Update on East Nottingham Park Improvement Bid Results (Town Engineer Justin Hildreth)
7.9. Planning and Zoning Commission Abstract (Planner 1+ Max Morgan)
7.10. ITEM MOVED Parking Management Program Update (Public Works Director Eva Wilson)
Video Start Time: 01:27:40 Part Two
Acting Mobility Manager Jim Shoun was present in person and answered Council questions.
Councilor Prince wondered what the goal of this program is if this paid parking program will provide
parking turnover, or this program will displace local workers from parking. He expressed he is strongly
against this program and said it is taxing on the locals. He questioned the financial side and said this will
be a burden for locals when in April the ski season is over and the town is empty, he suggested to limit it
to a 4-month season. Councilor Andrade said that charging for parking anytime is a horrible idea.
Councilor Hardy is also against. Councilor Thuon agreed with Councilor Prince’s comments to keep it as
a seasonal activity. Mayor Smith Hymes clarified this is seasonal.
Public Works Director Wilson joined in person and added that this is for managed parking not just for
paid parking and that the free parking for the first three hours has not changed.
Town Manager Eric Heil proposed to add this item on a future agenda for discussion as four Councilors
expressed concern on this program this evening. Mayor Pro Tem Phillips said there is the choice of paying
for parking or park free of charge by walking just a few blocks further. Councilor Thuon questioned VIP
parking at AvonLIVE! and the 15 points turn he had to make to get out of the old T own Hall parking lot.
Councilor Underwood said that parking management is needed, and this is just a start.
5.5. ITEM CONTINUED PUBLIC HEARING - SECOND READING: ORDINANCE 22-08 SHORT TERM RENTAL LICENSING
(PLANNER 1+ MAX MORGAN)
Video Start Time: 01:48:48 Part Two
Town Manager Eric Heil presented the ordinance with the redline corrections requested earlier in
the evening.
Councilor Underwood moved to approve on second reading Ord inance 22-08 Amending Sections
3.12.020, 5.04.050, and 5.04.110 of the Avon Municipal Code concerning Short Term Rental
Licenses with all the redline changes, extracting subsection G and instead header G needs to follow
by the word "reserved" (for when Ord 22 -09 passes). Councilor Andrade seconded th e motion and
the motion passed with a vote of 6 to 0. Councilor Thuon got disconnected at 10:07 p.m. and was
not present at the time of the vote .
AVON REGULAR MEETING MINUTES
TUESDAY JULY 26, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 01:53:15 Part Two
Councilor Andrade commented that the pickleball courts are starting to look great.
Councilor Prince thanked staff for a great July 3rd Salute to the USA event and said that logistically it was
all really great.
Councilor Hardy wanted to chime in and offered her gratitude to Town staff for this event but expressed
the lasers were not as expected/hoped and would like to re-think about this for 2023 as she heard a lot
of complaints about the lasers.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 10:10 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s
office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
Brenda Torres, Deputy Town Clerk
APPROVED:
Amy Phillips ___________________________________
Sarah Smith Hymes
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade
HEALTH AND RECREATION COMMITTEE MEETING MINUTES
TUESDAY, JULY 19, 2022
HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM
HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JULY 19, 2022 PAGE 1 | 3
1. ROLL CALL
Present- Committee Members: Committee Chair Tom Kiddoo, Committee Vice Chair Pat Nolan and Committee
Members Nancy Tashman, Kathy Ryan, Lisa Post, Kevin Hyatt, Pam Warren (virtual) and Jose Chavez.
Staff: Recreation Director of Recreation Michael Labagh, Recreation Services Superintendent Jerrica Miller, Aquatics
Superintendent Kacy Carmichael, General Government Manager Ineke de Jong and General Government Intern Emily
Myler (virtual).
Absent-
Town Council: Councilors Lindsay Hardy, Scott Prince and Mayor Sarah Smith Hymes.
Committee Chair Tom Kiddoo opened the meeting at 10:05 a.m.
2. APPROVAL OF THE AGENDA
Committee Vice Chair Nolan made a motion to approve the agenda for the July 19, 2022 meeting and Committee Chair
Kiddoo declared the agenda approved.
3. APPROVAL OF THE MAY 2022 MEETING MINUTES
Committee Chair Kiddoo made a motion to approve the minutes from the May 17, 2022 meeting and declared the
minutes approved.
4. PUBLIC COMMENT
No public comments were made.
5. BUSINESS ITEMS
5.1 TOA Hats for Committee Members
Recreation Director Labagh passed around hats for the Committee Members to select.
5.2 Recreation Department Update
Recreation Director Labagh went through the Rec Center Update slides available in the packet materials at Avon.org.
He covered visits and revenue for 2022 so far. He asked the Committee if they had thoughts on types of classes the
Center could offer. He also updated the Committee on summer programming like summer camp, drop -in sports, the
beach volleyball league, park game rentals and the sports courts reconstruction project. Looking forward to the fall, he
went over upcoming programming including afterschool care, sports tournaments, swim lessons and new fitness
programs.
The Committee commented/inquired:
A. How do you calculate the average monthly admissions revenue number?
B. How is the staffing for fitness class instructors?
C. What is the rhythm walk class like?
D. What qualifications are required for lifeguards?
E. Minors don’t have the maturity to handle lifeguard duties
HEALTH AND RECREATION COMMITTEE MEETING MINUTES
TUESDAY, JULY 19, 2022
HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM
HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JULY 19, 2022 PAGE 2 | 3
Recreation Superintendent Miller said that the Center has increased to over 30 classes per week and has a good
variety of classes and instructors, including rhythm walk. All of them are included in the membership rates. Recreation
Director Labagh said it’s great to have good people on staff, and he hopes that the aquatics program can begin to grow
more soon.
Aquatics Superintendent Carmichael said all lifeguards need to be at least 15 years old and be certified by the
American Red Cross. There is a State grant that helps them pay for certification if they aren’t already.
5.2 Recreation Department Admission Rates and Program Fees Analysis
Recreation Director Labagh showed the current fees for admissions, programs and as well as his proposals for 2023
and how they compare to peer communities. He asked the Committee to weigh in.
The Committee commented/inquired:
A. How does Avon’s offerings compare to peer facilities?
B. Who’s involved in the analysis and what was their approach?
C. Is there a projected revenue target to hit?
D. Are there any discounts for military, teachers etc.?
E. The admission rate increases seem appropriate
F. Are children with special needs able to attend childcare programs and is the Center prepared to offer them
additional care?
Recreation Director Labagh said Avon lacks some of the indoor facilities other communities have, but in terms of
programming they are comparable. Himself and the Guest Services team conducted the analysis by comparing rates to
peer communities and increasing cost of operation. The last time rates increased was 2018. The first concern was to
maintain affordability and overall revenue didn’t factor in as much as staying in -line with peers. A deeper cost recovery
analysis is slated for 2023. Military, teachers, and Vail Resorts staff get discounts as well as students that qualify for
free and reduced lunch in the School District. The Center is considering working with Vail Health to offer discounts for
healthcare workers, as well as scholarship programs for swim lessons. They will opt into as many fee-reduction
programs as they can manage.
Recreation Superintendent Miller said many parents do not identify their children’s special needs, but staff can work
with parents to offer the best care or take additional training for special needs children.
5.4 Recreation Center Survey Results Follow Up
Recreation Director Labagh went over operational adjustments the Department is making based on results from the
Survey.
The Committee commented/inquired
A. The Fit Court needs some maintenance
B. What happened to the exercise machines which were down last time?
C. Can there be spray bottles for wiping down some equipment rather than wipes, which can be hard to use?
HEALTH AND RECREATION COMMITTEE MEETING MINUTES
TUESDAY, JULY 19, 2022
HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM
HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JULY 19, 2022 PAGE 3 | 3
Recreation Director Labagh said only one treadmill is still down and they are just waiting for parts. He also informed the
committee that we received a quote to repair the Fit Court and will investigate providing spray bottles to clean certain
equipment.
5.5 La Zona Planning Project Update
Recreation Director Labagh updated the Committee on the La Zona project. Currently, the Town is considering what is
possible to build in the area, working with contractors to compile ideas and engaging with the public. There will likely be
upgrades to the existing building, and potentially expansion.
The Committee commented/inquired:
A. Underground parking, a gymnasium, and more aquatics space
B. Housing in the fire station
C. Parking should be high priority
D. It’s important to get input from the community
E. A space for birthday parties or other rentals with amenities for kids like foam pits
F. More multi-use spaces for things like community gathering, art and other activities as well as a space for teens to
hang out
G. Consider what isn’t available anywhere else in the valley
H. A space for higher level swim meets to bring in tourism
I. A deeper pool to attract diving programs
J. Consider how easy it is to take public transit to the Recreation Center
K. How should parking be protected for patrons and not ski traffic during the winter?
Recreation Director Labagh said the first community meeting is September 20th and will be only part of a larger
community engagement process on this project. He agreed that parking is a priority regardless of what other
expansions happen.
6. ADJOURNMENT
Committee Chair Kiddoo motioned to adjourn the meeting and Committee Member Lisa Post seconded the motion.
Committee Chair Tom Kiddoo declared the meeting adjourned at 11:52 a.m.
Respectfully Submitted by
Emily Myler
General Government Intern