Finance Committee Meeting Materials - 5-3-2023MAY 3, 2023 - FINANCE COMMITTEE MEETING MATERIALS PAGE 1 | 1
FINANCE COMMITTEE MEETING MATERIALS
WEDNESDAY, MAY 3, 2023
1. STAFF UPDATES ON FINANCIAL RESULTS THROUGH MARCH
Financial Report – February 2023 & March 2023 data
Financial Report – Tentative March 2023 and April 2023 Data
2. VILLAGE (AT AVON) FINANCIAL OVERVIEW
Materials will be provided on Monday 5/1
3. LOT B PUBLIC/PRIVATE PARTNERSHIP
Materials will be provided on Monday 5/1
4. USE TAX PROPOSAL
5. DDA FORMATION AND IMPLEMENTATION
6. UPDATES ON DEVELOPMENT PROJECTS
Materials will be provided on Monday 5/1
970-748-4044 dstockdale@avon.org
TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant
RE: Financial Report – February 2023 & March 2023 data
DATE: April 13th, 2023
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and
short-term rental tax for February 2023 and the recreation fees and real estate transfer tax revenues for
March 2023.
BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of
this report in respect to each individual section for February and March revenues in 2023. Tax revenues are
not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based
on a 3-year average of actual revenues.
REVENUE ANALYSIS:
Sales Tax: Revenues – February 2023: February sales tax revenues totaled $1,283,697. This is an
increase of $40,931 or 3.29% compared to February 2022 sales tax revenue of $1,242,766.
FEBRUARY 2022 v FEBRUARY 2023 SALES TAX COMPARISON BY INDUSTRY
February 2022 February 2023 Increase/Decrease
Home/Garden $69,490.81 $56,720.04 ($12,770.77)
Grocery/Specialty/Health $225,603.98 $234,969.60 $9,365.62
Sporting Goods Retail/Rental $157,005.76 $153,684.91 ($3,320.85)
Miscellaneous Retail $44,031.48 $36,390.29 ($7,641.19)
Accommodations $364,850.33 $369,148.82 $4,298.49
Restaurants/Bars $228,802.61 $240,939.42 $12,136.81
Other $10,482.95 $17,363.33 $6,880.38
Service Related $17,349.37 $18,023.80 $674.43
Liquor Stores $43,717.70 $47,476.67 $3,758.97
E-Commerce Retail $44,868.12 $44,499.03 ($369.09)
Manufacturing/Wholesale $8,297.37 $12,342.80 $4,045.43
Construction Related Services $21,404.80 $44,074.87 $22,670.07
Digital Media Suppliers/Sellers $5,665.25 $7,127.83 $1,462.58
Commercial/Industrial Equipment $1,195.56 $758.42 ($437.14)
Special Events $0.00 $178.00 $178.00
TOTAL $1,242,766.09 $1,283,697.83 $40,931.74
Sales Tax: February 2023 Budget v Actual Collections: February 2023 sales tax revenues totaled
$1,283,697. This is an increase of $165,074 over the February 2023 estimates of $1,118,621. This is
14.76% above the adopted 2023 budget (based on a 3-year average).
Page 2 of 9
FEBRUARY 2023 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2023 Budget 2023 Actual Dollar Variance Percentage Variance
February $1,118,621.48 $1,283,697.83 $165,076.35 14.76%
809,165.90 820,617.44 883,363.76 1,242,766.09 $1,283,697.83
1.42%7.65%
40.69%3.29%
$300,000
$500,000
$700,000
$900,000
$1,100,000
$1,300,000
$1,500,000
2019 2020 2021 2022 2023
2019-2023 February Sales Tax Revenue Trend
Page 3 of 9
Accommodation Tax: Revenues – February 2023: Accommodation tax revenues totaled $387,854 for
the month of February. This is an increase of $29,593 or 8.26% compared to February 2022
accommodation tax revenues, which totaled $358,260. Accommodation tax collections by industry type for
February 2023 compared to February 2022 reported an increase for Vacation Rentals and Hotel while Time
Share were down.
FEBRUARY 2022 v FEBRUARY 2023 ACCOMMODATION TAX COMPARISON BY INDUSTRY
February 2022 February 2023 Increase/(Decrease)
Timeshares $53,751.16 $52,885.28 ($865.88)
Hotels $159,877.79 $175,955.26 $16,077.47
Vacation Rentals $144,631.93 $159,013.72 $14,381.79
TOTAL $358,260.88 $387,854.26 $29,593.38
February 2023 Budget v Actual Collections: February 2023 accommodation tax revenues totaled
$387,854. This is an increase of $58,791 over the February 2023 estimates of $329,062. This is 17.87%
over the adopted 2023 budget (based on a 3-year average).
FEBRUARY 2023 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2023 Budget 2023 Actual Dollar Variance Percentage Variance
February $329,062.27 $387,854.26 $58,791.99 17.87%
203,190 217,070 154,288 358,261 387,854
6.83%
-28.92%
132.20%8.26%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2019 2020 2021 2022 2023
2019-2023 February Accommodation Tax
Revenue Trend
Page 4 of 9
Short Term Rental Tax: Revenues – February 2023: STR Tax for Community Housing totaled $178,046
for the month of February. This is an increase of $13,396 or 8.14% compared to February 2022. The
Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential.
FEBRUARY 2022 v FEBRUARY 2023 STR TAX FOR CH COMPARISON BY INDUSTRY
February 2022 February 2023 Increase/(Decrease)
Timeshares $26,875.58 $26,442.65 ($432.93)
Hotels $69,529.08 $75,045.83 $5,516.75
Vacation Rentals $68,245.09 $76,557.91 $8,312.82
TOTAL $164,649.75 $178,046.39 $13,396.64
Tobacco & Cigarette Tax: Revenues – February 2023: Tobacco tax revenues totaled $29,559 and
cigarette tax revenues totaled $18,216 for February 2023. Compared to February 2022 revenues, this is an
increase of $2,215 for tobacco tax revenues, which totaled $27,344 and an increase of $129 for cigarette
tax revenues, which totaled $18,087.
21,145 12,213 25,322 27,344 29,560
-42.24%
107.34%7.99%
8.10%
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
2019 2020 2021 2022 2023
2019-2023 February Tobacco Tax Revenue Trend
Page 5 of 9
February 2022 Adopted Budget v Actual Collections: February 2023 tobacco and cigarette tax
revenues totaled $29,559 and $18,216, respectively. This is an increase of $4,821, over the February
2023 budget for tobacco tax, which is $24,738 and an increase of $637 over the February 2023 budget for
cigarette tax estimates, which is $17,578 which is based on a 3-year average.
FEBRUARY 2023 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2023 Budget 2023 Actual Dollar Variance Percentage
Variance
Tobacco $24,738.09 $29,559.72 $4,821.63 19.49%
Cigarettes $17,578.84 $18,216.00 $637.16 3.62%
Total $5,458.79
23,742 17,376 19,602 18,087 18,216
-26.81%
12.81%
-7.73%
0.71%
-
5,000
10,000
15,000
20,000
25,000
2019 2020 2021 2022 2023
2019-2023 February Cigarette Excise Tax
Revenue Trend
Page 6 of 9
Real Estate Transfer Tax: Revenues – March 2023: March 2023 real estate transfer tax totaled
$279,653. Compared to March 2022, which totaled $448,621, this is a decrease of $168,968. This is a
decrease of $115,997 over the March 2023 budget which was based on a 3-year average.
MARCH 2023 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2023 Budget 2023 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $395,650.18 $279,653.06 ($115,997.12) (29.32%)
$180,820 $113,350 $497,158 $448,621 $279,653
-37.31%
338.60%
-9.76%
-37.66%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2019 2020 2021 2022 2023
Real Estate Transfer Tax March Revenue Trends
Page 7 of 9
Recreation Center Fees: Revenues – March 2023 Admissions & Program Fees: Recreation admission
revenues for March 2023 totaled $111,326 an increase of $13,460 compared to March 2022 which totaled
$97,866. This is $32,849 above the adopted 2023 budget estimates of $78,477. Recreation program fee
revenues for March 2023 totaled $52,765.93. This is an increase of $13,585 compared to 2022, which
totaled $39,180. This is $23,987 above the adopted 2023 budget estimates, which is $28,778 which is
calculated based on a 3-year average.
$27,281 $14,590 $15,320 $39,181 $52,766
-46.52%
5.01%
155.74%
34.67%
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
2019 2020 2021 2022 2023
Recreation Program Fees March Revenue Trends
78,825 34,641 34,869 97,867 111,327
-56.05%
0.66%
180.67%
13.75%
-
20,000
40,000
60,000
80,000
100,000
120,000
2019 2020 2021 2022 2023
Recreation Admissions March Revenue Trends
Page 8 of 9
Tax Revenue Comparison – 2022 v 2023: All revenues except for RETT are reporting an increase for
2023 compared to 2022. Below is a table which reflects the dollar change and percentage variance.
Adopted Budget 2023 v Actual 2023: All revenues reflect a positive variance over the 2023 budget.
Below is a table which reflects the dollar change and percentage variance.
2022 v 2023 Year-to-Date Revenue Comparison
2022 YTD 2023 YTD Dollar Variance Percentage
Variance
Sales Tax $2,413,979.74 $2,570,520.65 $156,540.91 6.48%
Acc. Tax $680,537.98 $736,250.63 $55,712.65 8.19%
STR Tax for CH $312,932.01 $337,803.06 $24,871.05 7.95%
Tobacco Tax $58,442.83 $62,751.61 $4,308.78 7.37%
Cigarette Tax $36,126.00 $38,437.50 $2,311.50 6.40%
RETT $1,489,020.25 $1,085,525.56 ($403,494.69) (27.10%)
Rec Admissions $249,637.82 $311,632.67 $61,994.85 24.83%
Rec Program Fees $76,631.31 $114,229.86 $37,598.55 49.06%
2023 Revenue Comparison – Budget v Actual
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $2,232,137.55 $2,570,520.65 $338,383.10 15.16%
Acc. Tax $624,092.34 $736,250.63 $112,158.29 17.97%
STR Tax for CH $287,104.08 $337,803.06 $50,698.98 17.66%
Tobacco Tax $53,454.92 $62,751.61 $9,296.69 17.39%
Cigarette Tax $35,455.39 $38,437.50 $2,982.11 8.41%
RETT $1,179,554.43 $1,085,525.56 ($94,028.87) (7.97%)
Rec Admissions $247,174.74 $311,632.67 $64,457.93 26.08%
Rec Program Fees $82,773.45 $114,229.86 $31,456.41 38.00%
Page 9 of 9
EXPENDITURES: MARCH 2023
General Fund YTD Actuals v 2023 Budget: General Fund expenditures through March 2023 total
$5,054,755.30 which is 21.02% of the total adopted budget. These expenditures include all wages, health
benefits, events, computer services, operating cost, legal services, and utilities.
Mobility Fund YTD Actuals v 2023 Budget: Mobility Fund expenditures through March 2023 total
$441,109.13 which is 11.79% of the total adopted budget. These expenditures include cost for wages,
health benefits, consulting services, utilities, and bike share program.
Fleet Maintenance YTD Actuals v 2023 Budget: Fleet Maintenance expenditures through March 2023
total $269,811.62 which is 9.06% of the total adopted budget. These expenditures include wages, health
benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies.
Capital Projects Fund YTD Actuals v 2023 Budget: The Capital Improvement expenditures through
March 2023 total $252,003.77 which is 1.41% of the total adopted budget. These expenditures were made
up of primary design fees for the month.
Thank you,
Dean
970-748-4044 dstockdale@avon.org
TO: Finance Committee FROM: Joel McCracken, Finance Manager
RE: Financial Report – Tentative March 2023 and April
2023 Data
DATE: April 25th, 2023
SUMMARY: This report presents tentative revenues for sales, accommodations, tobacco and cigarette,
and short-term rental tax for March 2023 and the recreation fees and real estate transfer tax revenues for
April 2023
REVENUE ANALYSIS:
Sales Tax: Revenues –March 2023: Tentative March sales tax revenues total $1,643,974.00. This is an increase of $93,390 or 3.29% compared to March 2022. This is an increase of $232,208 over the March
2023 budget estimates of $1,411,766, which is calculated based on a 3-year average.
Accommodation Tax: Revenues – March 2023: Tentative March Accommodation tax revenues total
$352,786. This is a decrease of $41,078 or 10.43% compared to March 2022 accommodation tax
revenues, which totaled $393,864. This is a decrease of 24,160 or 6.41% compared to the March 2023
budget estimates of $376,946, which is calculated based on a 3-year average.
Short Term Rental Tax: Revenues – March 2023: Tentative STR Tax for Community Housing total
$160,232 for the month of March. This is a decrease of $21,625 or 11.89% compared to March 2022. This
is a decrease of $6,615 or 3.96% compared to March 2023 budget estimates of $166,847.
Tobacco & Cigarette Tax: Revenues – March 2023: Tentative March tobacco tax revenues total $32,709
and cigarette tax revenues totaled $19,599 for March 2023. Compared to March 2022 revenues, this is an
increase of $2,471 or 13.75% for tobacco tax revenues, which totaled $30,238 and a decrease of $1,918
or 8.91% for cigarette tax revenues, which totaled $21,517. This is an increase by $5,336 or 19.49% and
$461 or 2.41% for tobacco and cigarette tax revenues, respectively.
Real Estate Transfer Tax: Revenues – April 2023: Tentative April 2023 real estate transfer tax total
$401,741. Compared to April 2022, which totaled $378,321, this is an increase of $23,420. This is an
increase of $7,194 over the March 2023 budget which was based on a 3-year average.
Recreation Center Fees: Revenues – April 2023 Admissions & Program Fees: Only recreation reports
through April 11th have been received. Recreation admissions total $36,350 and recreation program fees
total $10,007. April 2022 recreation admissions totaled $66,815 and recreation program fees totaled
$26,280.
Page 2 of 2
Tax Revenue Comparison – 2022 v 2023: All information for 2023 YTD is tentative. Final YTD numbers
will be included in the monthly financial report for the 2nd council meeting in May. Overall, only RETT
revenues are showing a decrease in 2023 compared to 2022.
Respectfully submitted,
Joel McCracken
Finance Manager
2022 v 2023 Year-to-Date Revenue Comparison
2022 YTD 2023 YTD Dollar Variance Percentage
Variance
Sales Tax $3,964,563.72 $4,214,494.65 $249,930.93 6.30%
Acc. Tax $1,074,402.15 $1,089,036.63 $14,634.48 1.36%
STR Tax for CH $494,789.11 $498,035.06 $3,245.95 0.66%
Tobacco Tax $88,680.58 $95,460.61 $6,780.03 7.65%
Cigarette Tax $57,642,54 $58,036.50 $393.96 0.68%
RETT $1,867,341.42 $1,487,266.56 $(380,074.86) -20.35%
Rec Admissions $316,452.62 $347,982.67 $31,530.05 9.96%
Rec Program Fees $102,911.75 $124,236.86 $21,325.11 20.72%
970.748.4004 eheil@avon.org
TO: Finance Committee members FROM: Eric Heil, Town Manager
RE: Village at Avon Financial Overview
DATE: April 28, 2023
PLACEHOLDER – MATERIALS TO FOLLOW MONDAY MAY 1.
970.748.4004 eheil@avon.org
TO: Finance Committee members FROM: Eric Heil, Town Manager
RE: Lot B Public/Private Partnership
DATE: April 28, 2023
PLACEHOLDER – MATERIALS TO FOLLOW MONDAY MAY 1.
970.748.4004 eheil@avon.org
TO: FROM:
RE:
DATE:
Finance Committee members Eric Heil, Town Manager
Use Tax Proposal
April 26, 2023
SUMMARY: In 2021 and 2022, Council had several presentations and work sessions on Use Tax,
Marijuana Tax, and Regional Transportation Authority (“RTA”) Tax. At the May 2022 Council meeting,
Council directed Staff to retain a voter polling consultant to study the potential for each of these tax
questions to pass with the Avon voters. A voter polling consultant was selected and conducted voter
polling in Avon in June & July 2022. The survey results are presented in Attachment A and the Verbatim
survey responses are available in Attachment B.
The voter polling results indicated community support for the Use Tax’; however, Council decided to focus
efforts on the Regional Transportation Authority and took action to only refer the formation of the Regional
Transportation Authority to the Avon electorate. The vote on the Regional Transportation Authority was
successful. It was acknowledged last August that Council contemplated referring the Use Tax ballot
question to the Avon electorate in November, 2023.
BACKGROUND: Staff will present general information on the Use Tax to the Finance Committee as a
refresher. The existing development agreement with Traer Creek LLC contemplates that if a Use Tax is
adopted then the revenues would be credited and pledged to Traer Creek Metropolitan District to finance
public improvements in the Village (at Avon). Staff has experienced continued complications with
attempting to collect the sales tax on construction materials which we will discuss further at the Finance
Committee meeting.
DISCUSSION, DIRECTION AND RECOMMENDATION: Staff welcomes thoughts and insights on the
public information and involvement process related to the potential referral of a Use Tax ballot question to
the November 7, 2023 election. We do not think another voter poll survey is needed. We do believe
appropriate outreach to voters with information is important during the months of June through October.
We would like to identify if there is any other specific or technical data that should be gathered to
supplement the information we already have.
Thank you, Eric
ATTACHMENT A: Ballot Measure Survey PowerPoint
ATTACHMENT B: Ballot Measure Survey Verbatim Responses
ATTACHMENT C: Use Tax & Marijuana Tax Staff Report May 2022
TOWN OF AVON 2022 BALLOT MEASURE SURVEY
JUNE 23 –JULY 1, 2022
ATTACHMENT A
METHODOLOGY
•Magellan Strategies are pleased to present the
results of an online, bilingual survey of 305
registered voters within the Town of Avon,
Colorado.
•The interviews were conducted from June 23rd
–July 1 st, 2022.
•The overall survey responses have a margin of
error of +/-5.31% at the 95% confidence
interval. Population subgroups will have a
higher margin of error than the overall
sample.
•The survey results were weighted to be
representative of the voter turnout
demographics within the Town of Avon for a
midterm election cycle.
Do you agree or disagree with
the following statement?
“The Town of Avon is fiscally
responsible and spends taxpayer
money wisely.”
59%31%
10%
Total Agree Total Disagree
Unsure/No Opinion
3
59%
59%
76%
45%
50%
69%
63%
52%
54%
65%
31%
30%
15%
46%
39%
24%
24%
40%
40%
21%
10%
11%
9%
9%
11%
7%
13%
8%
6%
14%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Agree Total Disagree Unsure/No Opinion
Strongly Agree 12%
Somewhat Agree 47%
Strongly Disagree 14%
Somewhat Disagree 17%
4% USE TAX
BALLOT TEST
Before we continue, it is important to understand that no decisions
have been made by the Town of Avon to put any tax ballot measures
before voters for any purpose this November. Your participation in
this survey and sharing your honest opinions will influence those
decisions. Let’s continue…
The Town is considering three different ballot measures for this
November’s election. One ballot measure would replace the Town’s
current 4% sales tax on construction materials with a 4% Use Tax.
Avon is the only town in Eagle County without a use tax. Collection
of a Use Tax is much more efficient for both contractors and the
Town.
In addition, this 4% Use Tax would have an annual $50,000/year
exemption to exclude small home improvement projects. The
revenue generated by this tax would be allocated to the Town’s
general fund.
If an election were held today, would you vote yes and approve a 4%
Use Tax on construction materials, or would you vote no and reject
it?
4% Use Tax Ballot Test
“If an election were held today, would you
vote yes and approve a 4% Use Tax on
construction materials, or would you vote
not and reject it?”
5
47%
31%
22%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 11%
Probably Yes, Approve 15%
Lean Toward Yes, Approve 21%
Definitely No, Reject 15%
Probably No, Reject 8%
Lean Toward No, Reject 8%
28%
55%
57%
27%
47%
61%
47%
43%
46%
49%
30%
29%
15%
51%
34%
25%
35%
28%
36%
23%
42%
16%
28%
22%
19%
14%
18%
29%
18%
28%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
5% RETAIL TAX
ON MARIJUANA
BALLOT TEST
Another ballot measure that the Town is
considering is a 5% retail tax on marijuana to
match the tax in Eagle County. Although the
Town currently does not allow marijuana
businesses or retail sales, if this tax passes, the
Town would adopt regulations to allow a limited
number of marijuana businesses only in
designated areas.
The revenue from the Marijuana Tax would be
allocated to Community Housing, Recreation,
and Community Health.
If an election were held today, would you vote
yes and approve a 5% retail tax on marijuana, or
would you vote no and reject it?
5% Retail Marijuana Tax
Ballot Test
“If an election were held today, would you
vote yes and approve a 5% retail tax on
marijuana, or would you vote no and reject
it?”
7
71%25%
4%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 41%
Probably Yes, Approve 19%
Lean Toward Yes, Approve 11%
Definitely No, Reject 17%
Probably No, Reject 5%
Lean Toward No, Reject 3%
68%
74%
81%
50%
74%
72%
68%
74%
67%
77%
32%
20%
14%
48%
22%
26%
27%
23%
30%
18%
0%
6%
5%
2%
4%
2%
5%
3%
3%
5%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
0.5% SALES TAX
INCREASE TO
SUPPORT RTA
BALLOT TEST
As you may know, Eagle County and the towns
of Avon, Eagle, Gypsum, Minturn, Red Cliff, Vail,
and the Beaver Creek Metro District have
collectively pursued the formation of a Regional
Transit Authority (RTA).
These entities are currently considering a 0.5%
sales tax increase and a 0.6% lodging tax increase
to support enhanced transit service. A 0.5% sales
tax increase in Avon would apply to all retail,
including groceries.
If an election were held today, would you vote
yes and approve a 0.5% sales tax increase to
support the RTA, or would you vote no and
reject it?
0.5% Sales Tax Increase
for RTA Ballot Test
“If an election were held today, would you
vote yes and approve a 0.5% sales tax increase
to support the RTA, or would you vote no and
reject it?”
9
35%
59%
6%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 5%
Probably Yes, Approve 11%
Lean Toward Yes, Approve 19%
Definitely No, Reject 31%
Probably No, Reject 10%
Lean Toward No, Reject 18%
34%
36%
40%
34%
30%
49%
36%
29%
40%
29%
66%
56%
53%
66%
62%
47%
57%
65%
57%
62%
0%
8%
7%
0%
8%
4%
7%
6%
3%
9%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
0.6% LODGING
TAX INCREASE TO
SUPPORT RTA
BALLOT TEST
A 0.6% lodging tax increase in Avon
would apply to all lodging, including
commercial hotels and short-term
rentals.
If an election were held today, would
you vote yes and approve a 0.6%
lodging tax increase to support the
RTA, or would you vote no and reject
it?
0.6% Lodging Tax Increase
for RTA Ballot Test
“If an election were held today, would you vote
yes and approve a 0.6% lodging tax increase to
support the RTA, or would you vote not and
reject it?”
11
74%
24%2%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 33%
Probably Yes, Approve 22%
Lean Toward Yes, Approve 19%
Definitely No, Reject 14%
Probably No, Reject 4%
Lean Toward No, Reject 6%
72%
77%
71%
71%
79%
76%
69%
77%
78%
71%
28%
20%
25%
29%
19%
24%
27%
21%
20%
27%
0%
3%
4%
0%
2%
0%
4%
2%
2%
2%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
0.6% LODGING
TAX INCREASE
TO SUPPORT RTA
BALLOT TEST
(INFORMED
LODGING TAX IS
HIGH)
As you may know, the total tax on lodging
in Avon is high at 12.4% (4% Avon lodging
tax, 4% Avon sales tax, 1% Eagle County
sales tax, 0.5% Eagle County Transit, 2.9%
State of Colorado sales tax).
Knowing this, if an election were held
today, would you vote yes and approve a
0.6% lodging tax increase to support the
RTA, or would you vote no and reject it?
0.6% Lodging Tax Increase
for RTA Ballot Test
(After Informed Lodging Tax is High)
“If an election were held today, would you vote
yes and approve a 0.6% lodging tax increase to
support the RTA, or would you vote not and
reject it?”
13
58%36%
6%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 24%
Probably Yes, Approve 17%
Lean Toward Yes, Approve 17%
Definitely No, Reject 18%
Probably No, Reject 9%
Lean Toward No, Reject 9%
65%
55%
62%
57%
55%
53%
49%
66%
60%
55%
35%
36%
33%
42%
37%
42%
42%
30%
35%
38%
0%
9%
5%
1%
8%
5%
9%
4%
5%
7%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
1.2768 MILLS
PROPERTY TAX
INCREASE TO
SUPPORT RTA
BALLOT TEST
An alternative to a lodging tax increase to
support the RTA is a property tax increase. The
total mill levy for property in Avon is 62.346,
which includes the Town of Avon’s mill levy of
8.956.
A property tax mill levy of 1.2768 mills would
generate the same revenues as a 0.6% lodging
tax.The cost for this increase would be $68.47
per year on a home valued at $750,000.
If an election were held today, would you vote
yes and approve a 1.2768 mills property tax
increase to support the RTA, or would you vote
no and reject it?
1.2768 Mills Property Tax Increase
for RTA Ballot Test
“If an election were held today, would you vote
yes and approve a 1.2786 mills property tax
increase to support the RTA, or would you
vote not and reject it?”
15
26%
68%
6%
Total Yes, Approve
Total No, Reject
Undecided
Definitely Yes, Approve 5%
Probably Yes, Approve 6%
Lean Toward Yes, Approve 15%
Definitely No, Reject 38%
Probably No, Reject 17%
Lean Toward No, Reject 13%
43%
20%
27%
24%
24%
17%
24%
30%
26%
26%
53%
73%
64%
71%
71%
77%
68%
65%
68%
67%
4%
7%
9%
5%
5%
6%
8%
5%
6%
7%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
Total Yes, Approve Total No, Reject Undecided
Voter Preference for Lodging or
Property Tax to Support RTA
“Which tax do you think is best for Avon to
support the RTA?”
16
47%
9%
29%
15%
0.6% Lodging Tax Increase
1.2768 Mills Property Tax Increase
Would Not Vote for Either
Undecided
25%
57%
50%
23%
58%
48%
55%
42%
43%
54%
9%
8%
11%
6%
8%
7%
13%
6%
9%
8%
44%
22%
23%
48%
25%
25%
25%
33%
32%
24%
22%
13%
16%
23%
9%
20%
7%
19%
16%
14%
Rent
Own
Dem
Rep
Unaf
65+
45-64
18-44
Men
Women
0.6% Lodging Tax 1.2768 Mills Property Tax Neither Undecided
Verbatim Responses148 RESPONDENTS PROVIDED
ADDITIONAL THOUGHTS ON
THE BALLOT MEASURES
"Do you have any thoughts or opinions
you would like to share with the Town
regarding these potential ballot
measures?"
Themes
Taxes are too high, now is not the time to raise them
Too expensive to live in Avon, residents want affordable
housing solutions and want Town to deal with STRs
Question whether RTA would benefit them
(Particularly Wildridge/Wildwood)
Vocal minority against retail marijuana in Avon
“Every single election has tax increase measures included, every
single one! Give it a rest!”
-Male, 65+, Democrat, Hurd Lane
“Taxes are high enough. The town should figure out how they can be
more efficient with the money they have. Does everyone work as
hard as they can?”
-Male, 65+, Republican, Town Core
“Voters need a better idea of what the regional transportation
partnership would provide.”
-Male, 35-44, Democrat, Wildridge
“Because transit ignores Wildridge/Wildwood, I would probably
reject any tax increase unless it includes this large residential area of
Avon.”
-Female, 55-64, Unaffiliated, Wildwood
“Don’t tax the locals.”
-Female, 35-44, Republican, West Avon
“Please spend wisely. Do not spend more on infrastructure now. Do
not spend more on art/statues. Locals need help and places to live.”
-Female, 55-64, Unaffiliated, West Avon
SURVEY DEMOGRAPHICS
47%
52%
1%
Female Male Identify Differently
44%
36%
18%
2%
Unaffiliated Democrat
Republican Other Party
74%22%
4%
White Hispanic Other
18-24 25-34 35-44 45-54 55-64 65+
2%
24%
21%18%
19%
16%
SURVEY DEMOGRAPHICS
60%32%
8%
Married Single Prefer Not to Say
68%26%
6%
Own Rent Other
Wildridge West Avon Nott. Park Northside Town Core Vill. At
Avon
Hurd Lane Wildwood East Core Mtn. Star Other
38%
12%9%9%8%6%6%4%3%2%3%
MAGELLAN STRATEGIES
(303) 861-8585
WWW.MAGELLANSTRATEGIES.COM
DAVID FLAHERTY
COURTNEY SIEVERS
RYAN WINGER
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 1
Sex
Age
Range Party Housing Neighborhood Response
M 65+U Oth.East Core
Increasing taxes during a period of high inflation is probably questionable. I understand the need
but question the timing.
F 65+D Own East Core
Fund RTA from existing revenue sources. If this is a priority for Avon, then fund it as a priority.
Don't use RTA as an excuse to raise our taxes in these expensive and difficult times.
M 55-64 O Rent East Core Chicago was built on high taxes Only criminals are left there now
F 35-44 U Rent East Core No more taxes
M 35-44 U Rent East Core Housing is fucked, the valley is dying
F 45-54 D Own Hurd Lane Too many increases on one ballot will be tough.
F 55-64 D Own Hurd Lane I do not want pot shops in our town.
F 55-64 D Own Hurd Lane
Im glad the public transportation in the Valley is being worked on. Its in real need of overhaul to
be useable.
F 55-64 D Own Hurd Lane Taxes are already high.
F 65+D Own Hurd Lane
I think added sales tax to support RTA would be regressive on the people who need the system
the most. I would prefer other sources of revenue to fund a regional RTA-which I believe is a
necessary arrangement for the future. A fully integrated county transit system is a must.
M 65+D Own Hurd Lane Every single election has tax increase measures included, every single one! Give it a rest!
F 45-54 U Own Hurd Lane
No to all drug shops in Avon. Do not approve sales of drugs in our town. The smell, tje misuse
and not the image we should have for our community and families. No, NO, NO!! Clean up the
parks please. I love dogs, but why do people never clean up after their dogs. And why are the off
leash on my property?? If you cannot maintian this... how will you control the open use of drugs?
No to any of this in Avon!!
M 45-54 U Own Hurd Lane
I think raising taxes on groceries is poor way to subsidize buses. Can the people who use the
buses to get to work afford to ride the bus if their grocery bill goes up too much?
F 55-64 U Own Hurd Lane How about a tax increase on vacant commercial space.
M 55-64 U Own Hurd Lane
A lodging tax would mostly impact visitors to the area who have more disposed income. The
other tax options impact locals who are already struggling and pay high sales and property taxes.
F 65+U Own Hurd Lane
As a Senior with diminishing income I would find any tax increase a great burden; this year the
property tax on my home increased almost $2000 over the prior year, as several homes in my
neighborhood sold for $million+, probably a 30%-50% increase over prices before Covid
Attachment B
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 2
Sex
Age
Range Party Housing Neighborhood Response
F 45-54 D Rent Hurd Lane
Tax the hell of the out of towners. Too many people here. Its getting out of hand. Locals cant
live a peaceful life anymore due to greed. Tax those who dont live here.
M 55-64 D Own Mtn Star
We are headed towards a recession. Inflation is at a 40 year high. Gasoline is at a high. The idea
of taxing people more now seems wildly inappropriate for anything other then optional items like
marijuana consumption.
F 65+D Own Mtn Star
Current taxes are too high. It is too expensive to live in this valley. Avon is not an attractive town.
It is not pedestrian friendly. The retail shops are mediocre, with little to offer to locals or visitors.
M 55-64 R Own Mtn Star Spending money on more transit is wasteful and I would not support any tax increase to fund it.
F 65+R Own Mtn Star Avoid ALL tax increases!!!!
M 65+U Own Mtn Star
Stop raising taxes and operate the town more efficiently. For example, what in the world is that
ridiculous walkway recently constructed under I-70 most likely at Avons expense? Of what
benefit is that to the common good?
M 35-44 U Oth.Northside No need for any more tax increases, specially seeing how much prices are rising!
M 35-44 D Own Northside Would just like to research and see what options are
F 45-54 D Own Northside Please focus on employee housing and affordable housing!
F 55-64 D Own Northside
The full time local population in Avon is suffering enough from the expansion of short term
rentals and the demands they put on the infrastructure. Any tax increase should be directed
towards these uses.
F 35-44 R Own Northside
The 2% RETT is plenty for TOA. They have more than enough funds if spent wisely. No need to
increase taxes ever. Reallocate the current ones. We pay enough in taxes.
M 55-64 R Own Northside Don't want Marijuana sales in Avon.
M 45-54 U Own Northside
Our citizens are struggling enough to survive in an overly inflated economy and exorbently
priced community. At the same time skier visits and tourism increases overwhelmingly every
year. Pass this cost to the hotels and STRs and leave the working class citizens of Avon alone
F 55-64 U Own Northside
Tax the short term rentals to offset the cost of these uses both in terms of consumption of resource
and infrastructure as well as the loss of long term housing.
F 55-64 U Own Northside
Would like to know the RTA ridership #s at Avon compared to total eagle county and other eagle
county towns
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 3
Sex
Age
Range Party Housing Neighborhood Response
M 55-64 U Own Northside
Avon has no attraction any longer, half the retail with numerous storefronts empty, half the
restaurants and bars yet more banks and pharmacies.. This town sucks to live in now?
M 55-64 U Own Northside
Half the retail, half the bars and restaurants, and you continue to confuse drivers with the mid
road islands that solve no traffic issues. Its not fun to live here any longer.
M 65+U Own Northside
I support RTA and housing initiatives, in general. Would like to see a TOA and/or a sticker for
residents to allow winter parking in town.
F 35-44 D Own Nott. Park A tax credit would be a nice way to increase housing for our locals needing housing.
F 35-44 D Own Nott. Park I think employers who dont offer employee parking should contribute to RTA in some way.
F 35-44 D Own Nott. Park
I would say the town manager is doing a terrible job and the town of Avon pays peanuts
compared to other towns in our area. We probably pull in more tax $ to pay our town employees
better than most other municipalities. Its embarrassing. Do your job better.
F 45-54 D Own Nott. Park
The way this survey is worded is highly subjective to get the answers the survey writer wants. I
suggest unbiased surveys going forward if you care what the voters think.
M 65+D Own Nott. Park
The town transportation structure seems very good at present . If it's current budget is not
adaquate I would look elsewere for funding or cut some transport ptions ...
M 45-54 R Own Nott. Park No more taxes
M 45-54 R Own Nott. Park
Reduce or maintain the budget for transit - do not tax people who dont use it. That is
redistribution of wealth and anti-American!
M 35-44 U Own Nott. Park Heavily tax STRs
M 35-44 U Own Nott. Park
I think taxing second home owners a higher rate would solve taxing issues and funds. Currently
we have the lowest tax for second homeowners in the country
F 45-54 U Own Nott. Park Surely you can be more creative with the existing budget than just raising taxes
M 45-54 U Own Nott. Park Would like to understand what RTA improvements would be implemented.
F 55-64 U Own Nott. Park Taxes in Avon are already to high!!!
F 25-34 D Rent Nott. Park No but will definitely be researching more before the election.
F 35-44 D Rent Nott. Park
Put a moratorium on short term rentals while the housing issue is addressed. Sun ridge and
liftview have gone from mostly local workers to mostly short term rentals and is only getting
worse.
M 45-54 D Rent Nott. Park
I dont know if the short term rentals such as vrbo, Airbnb, etc. are taxed at the same rate as say a
hotel room, but would like it to be the same tax rate across the board.
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 4
Sex
Age
Range Party Housing Neighborhood Response
F 25-34 U Rent Nott. Park
As a renter, would these taxes just be an additional way for rent prices to increase and a way for
which tenants to cover the costs for those providing the rentals
F 25-34 U Rent Nott. Park
Please stop raising our taxes. It is already expensive enough to live here and you are driving our
home owners taxes up, our local working class out of the valley. Cut spending, Cut salaries and
Cut the taxes. Raising taxes isn't the answer its the problem.
M 25-34 U Rent Nott. Park
Short term rentals are killing our town. Tax them and build employee housing or affordable
housing or there will be no workers to run the businesses the tourists require.
M 35-44 U Rent Nott. Park Build actual houses that people can afford that work here
U 35-44 U Rent Nott. Park
Stop being woke. Nobody cares about your political virtue signaling. You all care for the rich
elites and have zero priorities for blue collar workers.
M 35-44 U Oth.Other Yes, decrease spending in other areas and redirect those funds to the RTA
F 55-64 D Own Other
It is already expensive enough to live in the Vail Valley for locals. Visitors will continue to come
and, eventhough taxes on rentals are high, another .6 doesn't seem like it would make a huge
difference to someone coming for vacation.
M 65+D Own Other
We're fully taxed up. Visitors also use RTA, let them pay for it. Equally important, look at
competitive ski markets and stay at par or below in our tax structure.
U 35-44 O Own Other
Stop making it so challenging for people to live in Avon full-time. Provide public transportation
that is convenient and useful for locals. Stop making locals pay for parking to ski at Beaver Creek.
Start ticketing visitors who park their cars in illegal spots and in insane manners. Allow the town
to have marijuana stores, we sell cigarettes and alcohol freely, what's the difference? Tax the heck
out of it and use the tax money for useful things like public transportation, housing, schools and
teacher salaries. This is a ridiculous conversation for our town council.
F 55-64 R Own Other
I do not want Pot stores in Avon... they work great in the Green Mile and it's not essential to have
them in Avon. Have you done a survey to see if residents want Pot stores to bring in unsavory
types off the highway to our nice town? Before you approve and cannot undo your idea of weed
in Avon, please consider how nice Avon is without these establishments. Also, the Nottingham
Park parking is small and where to park is confusing and needs better signage or publicity.
Parking along the road is illegal? Where are people supposed to park then? Also, how much of a
shortfall for RTA is there... this survey does not inform.
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 5
Sex
Age
Range Party Housing Neighborhood Response
F 45-54 U Own Other
DO NOT VOTE for DRUGS in our community! Do not allow the sales here. Please it is a
problem already in our County. we would need more police, more fire prevention and mental
health. Keep our community clean!!
U 45-54 U Own Other What about forcing employers with more than 25 employees to have to offer employee housing.
M 25-34 O Rent Other I think the RTA is one of the most important things for this town
U 55-64 U Rent Other Spend less!
M 65+U Oth.Town Core No more taxes
M 65+R Own Town Core
Taxes are high enough. The town should figure out how they can be more efficient with the
money they have. Does everyone work as hard as they can?
M 35-44 U Own Town Core Be more responsible with the budget in place. Waste less
M 35-44 U Own Town Core What happened to the guy with the hat and glasses?
M 35-44 U Own Town Core
Yes. Be more Fiscally responsible instead of not being so and passing the irresponsibility on the
tax payer continuously. Private businesses have to do it
M 55-64 U Own Town Core Transit should be funded by users Make it easier for builders to build affordable housing
M 45-54 D Rent Vill. at Avon Rents continually rise so I have no problem voting for tax increases too, especially property taxes.
M 25-34 U Rent Vill. at Avon Need more measurements so that tax increase goes to eagle county school district
M 35-44 U Rent Vill. at Avon Be careful not to tax too much.
M 45-54 U Rent Vill. at Avon Thanks for asking for our input
F 55-64 U Rent Vill. at Avon
Citizens do not need any more taxes & expenses. Elected Public Officials need to be better
stewards of the PEOPLES money instead of constantly raising taxes. We need a safer crossing at
the westbound I-70 on-ramp from Nottingham Rd. before a pedestrian or cyclist gets killed. As a
motorist one is looking to the left for oncoming traffic while merging and are blindsided by
pedestrians/cyclist who come out from behind the trees on the right, assuming full right of way. It
is very dangerous!
U 25-34 U Oth.West Avon I dont believe marijuana should be sold within the town limits.
F 35-44 R Own West Avon Don't tax the locals.
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 6
Sex
Age
Range Party Housing Neighborhood Response
M 45-54 R Own West Avon
I support taxes that help make living in/around Avon more affordable to support the population
the local businesses need to offer a great resident and visitor experience. Local residences
support businesses year round through property and sales tax, so I'd prefer to use peak visitation
periods to shore up the difference.
F 45-54 U Own West Avon STOP wasting money. I would get rid of the entire town council if I could. Maybe I will.
F 55-64 U Own West Avon
Maybe if you promise to improve a bridge on W Beaver Creek Blvd so pedestrians don't get
sprayed with slush mg chloride, slip and slide on ice , have to run over the road as there is no
sign of crossing and don't have to jump out of the way when groups of bicikling tourists ride
over, instead of fixing the overwhelmingly useless stage. Maybe than I would vote for increasing.
F 55-64 U Own West Avon
Please spend wisely. Do not spend more on infrastructure now. Do not spend more on
art/statues. Locals need help and places to live.
F 55-64 U Own West Avon Re allocate what you have. Do not increase taxes. You do not spend the money wisely as it it!
F 55-64 U Own West Avon
We are over taxed. It is getting difficult for a citizen keep going and over work to keep going even
when it is time to retire, because you didnt save enough. I know we need a public transportation
that will help the mobility of working force and less use of our cars. I think we need be better in
management of our funds and priorities and reduce costs. As society we can not see only to tax
the citizens, maybe here revenue of services like maybe parking spaces with roof tops with
electric solar panels, for charging station and obtain revenue for it. Or even charge the electric
buses and reduce cost for the transportation.
M 55-64 U Own West Avon Anti tax be responsible with what you have
F 65+U Own West Avon
Would like more info on the marijuana tax or more specific info to allow shops in Avon to do
business.
F 35-44 D Rent West Avon Limit Short Term Rentals, yes to free buses to Vail
M 25-34 U Rent West Avon
You could also consider cutting spending. The shows at Nottingham are nice but definitely eat up
a lot of funding.
M 25-34 D Oth.Wildridge
Sliding Scale for property tax for value and residency: full-time residents and lower value property
exempt, vacation home, and higher value homes (>$1,000,000) taxed
U 65+U Oth.Wildridge This isnt a survey - it is a pro tax campaign item
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 7
Sex
Age
Range Party Housing Neighborhood Response
F 35-44 D Own Wildridge
I STRONGLY OPPOSE retail marijuana in Avon. It sends an unhealthy message to children and
families about health priorities and norms that our community values. Folks who want marijuana
can purchase down the street in EagleVail without it being promoted right in the faces of local
children and teens. The language in the survey question is very tricky- if retail marijuana was
approved in Avon of course a tax would be helpful (and expected, especially to offset health
strategies). Avon voters expressed strong opposition to marijuana sales in town in the past and
you should have separated survey questions on retail marijuana and marijuana sales tax. I
would prefer lodging tax as it wont impact local residents as much in the taxing, yet we would
benefit. Plus I dont think an additional 4% lodging tax would sway guests against staying in Avon.
M 35-44 D Own Wildridge I hope the rta will help residents in wildridge
M 35-44 D Own Wildridge Voters need a better idea of what the regional transportation partnership would provide.
M 35-44 D Own Wildridge
Will there be any bus service to Wildridge and Wildwood? If not, this looks like it could be a tax
on locals for the benefit of tourists depending on the funding source when it reaches the ballot. If
you are going to ask locals for money, there should be a benefit to them by increasing services
that they can use.
F 45-54 D Own Wildridge
Stop looking for more ways to make it much expensive to live in happy valley. Users should pay
for public transportation. The town should make it easier for developers to build apartments that
are more affordable.
F 45-54 D Own Wildridge
Use some of the money to protect more open land that is used for animal habitats, community
members & wildland fire protection (ie:2332 Fox Lsne). Thank you
F 55-64 D Own Wildridge
I will look for more information about RTA and its operation before I would decide how to vote. I
like the idea of RTA. My biggest concern is still workforce housing. I wish I had a good solution.
F 55-64 D Own Wildridge
No no no on any tax increase. Property taxes already increasing dt inflation on homes. On a
fixed income & do not want to be priced out of valley I have spent 40 years in.
F 55-64 D Own Wildridge
Please, no dispensaries in Avon! Eagle-Vail just makes sense. If you assume RTA is used most by
visitors and shift workers, taxing property owners makes zero sense. Taxing groceries makes even
less sense!
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 8
Sex
Age
Range Party Housing Neighborhood Response
M 55-64 D Own Wildridge
Id be more inclined to pay higher taxes if it would provide more free parking so that we could
use RTA more.
M 55-64 D Own Wildridge
Stop profligate spending and ridiculous projects ans theres be more money for regional transit
and social programs. Nottingham Barn? Bandshells? Cmon.
F 65+D Own Wildridge I am very excited about the new pickleball courts!
F 65+D Own Wildridge
Much of the full time residents have no access to the transit service. Residents of Wildridge,
Wildwood, etc need to drive to Avon AND park to use the current transit system.
F 65+D Own Wildridge
Thanks for asking our opinion. A lodging tax to support transit makes sense so workers have a
way to get to work without having to drive and park, visitors can do without their cars, too.
M 65+D Own Wildridge
Your survey is so far from the elections that no information from pro & con is available, so
personal opinions are difficult to make
F 55-64 O Own Wildridge Get off my wallet.
F 55-64 R Own Wildridge
I believe that all tax increases need to be investigated. Taxes keep going up and it is the family
that work here covering all of the increases, and sooner than later, that well is going to dry up.....
there has to be a better way to cover costs than to just keep increasing taxes and to put the
individuals who use the services to pick up the cost.
M 55-64 R Own Wildridge
A best practice for the election is to explicitly state what the RTA would do, benefits, costs, etc.
Tell exactly how money would be spent and what RTA transit will look like. Would any of the
town transit functions fold into this RTA? Are there economis of scale, accounting, maintenance
functions etc. that will become more efficient? Or folded into RTA? Under promise and over
deliver. If it passes let citizens know how you are progressing vs. stateed goals, costs,
functionality etc. Be super transparent. Right now this is an ephemeral RTA, need tons if
substance behind it to go to voters to get it passed.
M 55-64 R Own Wildridge AVON NEEDS TO STOP SPENDING MONEY ON EVERYTHING and work on the roads
M 55-64 R Own Wildridge Focus on fire egress from Wildridge not preserving the mayors family barn!
M 55-64 R Own Wildridge More sales and property taxes will further hammer locals already living on the margin.
M 55-64 R Own Wildridge No more taxes for the locals!
M 55-64 R Own Wildridge Why support transportation that only serves 1/4 of the towns square miles?
F 65+R Own Wildridge Given the economic downturn, you should carefully consider asking residents for more money.
F 65+R Own Wildridge No, but what about considering the wildridge fire house for a teen rec center
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 9
Sex
Age
Range Party Housing Neighborhood Response
M 65+R Own Wildridge Avon total taxes are already TOO HIGH!!!
M 65+R Own Wildridge Rather than raise taxes, consider cutting city services excluding police and fire.
M 65+R Own Wildridge
With inflation the dollars to the city will increase substantially without a change in the tax
percentage.
M 25-34 U Own Wildridge If the sales tax increase excluded groceries I would be more inclined to vote yes for it
M 25-34 U Own Wildridge The sales tax is already very high
F 35-44 U Own Wildridge
Instead of increasing taxes, allocate the money set aside for the e-bike rebates to people who
purchase an e-bike to the RTA. E-bikes are a luxury good and that rebate only serves a select
number of people that can afford a $2-3k bike at minimum after taxes and shipping. Plus for
many locals working in the Valley it is impractical to use an e-bike to commute to and between
the 2-3 jobs we hold around the Valley just to be able to afford to pay for a roof over our head.
This limitation is particularly evident in the Winter and mud seasons when it would require
purchasing warm clothes and gear for the bike to keep warm and safe in icy conditions. Use of an
e-bike is practical for maybe 6 months out of the year before the mornings are very cold, its
snowy/icy, or evening light is short. Even though RTA only serves a segment of our market, it
serves the segment you should be focusing on because its an actual need for the transportation to
get to work every day and make our Valley a destination resort people want to visit.
F 35-44 U Own Wildridge
What about something for employee housing? Is there something that can be done about the
abhorrent mail service in Avon?
M 35-44 U Own Wildridge
Areas that been declared short term rentals need to remain as potential short term rentals.
Areas(eagle-vail/wildridge/wildwood) need to have a closer eye placed upon them.
F 45-54 U Own Wildridge
I do not support increasing the cost of living (groceries, etc) for residence during a time of high
inflation. Nor do I support increase property taxes to communities that would NOT benefit from
the Regional Transit Authority (aka Wildridge, etc). These community members still need to drive
and park somewhere to access public transportation and the system does not have a good plan
for parking at transit hubs. I feel that the increase in visitors need to pick up the additional costs as
we are continuously pricing out our workforce from this community.
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 10
Sex
Age
Range Party Housing Neighborhood Response
M 45-54 U Own Wildridge
I understand the need for funding. However, before increasing taxes, I would like to the Town be
more fiscally responsible with its current expenditures. The Town tends to spend money on
things versus investing in improvements and events which have a long term ROI. For instance,
the Town spends on landscape enhancements which are great, but fails to budget for the proper
maintenance of the landscaping. Any sales tax increase should exempt groceries. I believe
Vail did this recently for housing and look at what they are accomplishing.
M 45-54 U Own Wildridge It would be a better idea to charge per ride or buy a pass for the additional RTA services.
M 45-54 U Own Wildridge Possibly a mix of lodging and mill levy
M 45-54 U Own Wildridge Tax are high enough!
F 55-64 U Own Wildridge
A brief explanation of this unconventional approach to gauge public opinion, included just prior
to the survey, would have been helpful. The marijuana tax question was misleading, th/ anyone
against marijuana sales in Avon would be against a tax. Marijuana sales in a family resort town is
a very bad idea.
F 55-64 U Own Wildridge
I've lived in Avon over 3p. It's upsetting to see neiborhoodz ruined by short term rentals. Hots
are loosing g .oney and these visitors are complexly unaware of the noise level and disregard for
residents who work every day. Enough.
F 55-64 U Own Wildridge This is not the time to raise taxes.
M 55-64 U Own Wildridge
I agree with a county wide bus system. I think it would be much more efficient than three or four
separate bus systems. I don't agree with a rise in property tax to fund it. Most people look at it as
an affordable increase of a few bucks a month on their property tax when the real burden is on
the commercial property owners who pay substantially more in taxes and pass that increase onto
their tenants, forcing tenants to raise prices on their goods and services.
M 55-64 U Own Wildridge Lower my taxes, I'm taxed enough already.
F 65+U Own Wildridge Avon is over taxing now.
M 65+U Own Wildridge
I support the RTA concept. Good reliable transit would support down valley housing options
while decreasing auto usage.
M 65+U Own Wildridge Living in Wildridge makes using public transportation a bit more inconvenient.
M 65+U Own Wildridge
The question on Marijuana conflates two issues - there should be two questions - 1) should
Avon allow the sale of the drug and 2) should it be taxed more than other products if sold in the
town? Thankyou
Town of Avon 2022 Ballot Measure Survey
"Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures?"
Town of Avon 2022 Ballot Measure Survey
6/23/22 -7/01/22
305n, +/- 5.31% MoE
Magellan Strategies
www.Magellanstrategies.com | 303-861-8585 11
Sex
Age
Range Party Housing Neighborhood Response
M 65+U Own Wildridge Too many ballots
M 65+U Own Wildridge
Your history has shown on issues like the barn, that you do not know how to responsibly spend
the money you now collect. I see no reason to allow you to impose any more or increased taxes
of any kind whatsoever
M 25-34 D Rent Wildridge Stop purchasing statues.
M 45-54 D Rent Wildridge
Whichever way you go, thank you for being responsible with the town's tax-based revenue. Be
honest and be fair. Thank you!
F 55-64 D Rent Wildridge
In light of the looming recession, the residents of Avon cant take more tax hits. The price of
everything has increased. Rental costs are off the charts in the valley. I will not support taxes that
will really be felt by local workers and families.
M 25-34 R Rent Wildridge No more taxes.
F 35-44 R Rent Wildridge The transit system is most used by tourists. That should be passed on to them.
F 45-54 D Own Wildwood Be smart
F 25-34 U Own Wildwood
Property tax increases should have exemptions for lower and middle-income permanent
residents and landlords with long-term leases. Tax the living daylights out of the 2nd home
owners but do not make it any more expensive to live here.
F 55-64 U Own Wildwood
Because transit ignores Wildridge/Wildwood I would probably reject any tax increase unless it
includes this large residential area of Avon.
F 55-64 U Own Wildwood
Please remember that Avon is already an expensive place to own or rent as you plan to move
forward.
F 55-64 U Own Wildwood
Yes deed restriction housing. I live in one and this is keeping me in a state of poverty. It needs to
revised
M 65+U Own Wildwood Why do you always need to raise taxes? Why dont you cut spending.
970.748.4413 matt@avon.org
TO: Honorable Mayor Smith Hymes and Council
FROM: Matt Pielsticker, AICP Planning Director
RE: Retail Marijuana Businesses
DATE: May 5, 2022
INTRODUCTION: The purpose of this report is to summarize land use, taxing, and development standards
regarding potential marijuana sales in the Town. Last fall the Town Council and Planning and Zoning
Commission (“PZC”) held a work session to discuss this topic. Direction was provided to proceed with
exploring a ballot question to Avon voters for recreational marijuana sales. There was less support for
pursuing cultivation or testing facilities.
One to two retail stores in Town can be expected if a ballot question is approved by voters and common
distancing parameters are implemented. If a 5% excise tax was approved and sales volume was
comparable to other Eagle County retail stores, between $250,000 and $500,000 per year in additional
revenue is projected. Final action to pursue ballot question(s) or not in 2022 is being requested at the
meeting.
BACKGROUND: At the national level, Colorado went from being the first adopter of marijuana legalization
to one among many states with some sort of marijuana liberalization policy. Federally, marijuana is still a
controlled substance, subject to penalties for production, transport, and sales.
Colorado voters approved Amendment 64 in 2012, which resulted in the legalization of marijuana and
recreational marijuana sales in the state, beginning in 2014. Amendment 64 passed Statewide with a vote
of 55% in favor; in Eagle County the result was 66% in favor; and in Avon, 71%. Amendment 64 allowed
local jurisdictions to prohibit marijuana sales and associated businesses within their borders.
In 2014 the Town Council passed Ordinance 14-06, which bans marijuana businesses within the Town.
After several years of legalization, there are fewer unanswered questions as to the impact of marijuana
businesses on communities. Since 2014, the number of Colorado communities allowing marijuana
businesses has grown substantially. The attached status report (“Attachment A”) prepared by Colorado
Municipal League summarizes marijuana business allowance by type of facility, with tax information by
jurisdiction. Eagle County tax collections are summarized (“Attachment B”) to provide local context with
tax revenues.
One of the Finance Department’s 2022 goals includes:
Research and Support Consideration of Use Tax and Marijuana Tax: Council expressed interest
in researching and considering both a Use Tax and Marijuana Tax for potential referral to the
November 2022 general election.
EAGLE COUNTY REGULATIONS: Eagle County regulates retail marijuana businesses, predominantly
using distancing requirements. More specifically, Eagle County, medical and retail cannabis businesses
are prohibited within 200 feet of residential, drug rehabilitation facilities, community centers, schools, parks,
playgrounds, or family care facilities. Retail businesses are also prohibited within 500 feet of high schools
in this unincorporated area. Distancing results in defining the resulting areas outside of this parameter that
allow recreational marijuana sales, like Eagle-Vail’s commercial corridor illustrated below.
Attachment C
Page 2 of 6
Eagle-Vail commercial corridor allows recreational marijuana sales and production based on the County's
regulations. Locational buffers from houses, parks, etc., appear in yellow.
STATE OF COLORADO REGULATIONS: At the state level, the Colorado Senate passed House Bill 21 -
1317. The bill was signed into law and seeks to limit high -potency THC products (i.e. concentrates) from
being available to young people. Products are now being tracked with a software system to limit younger
medical card carriers from buying more than is allowed per day for products available at various outlets..
The state cannabis WEBSITE contains a wealth of information on the topic, including resources related to
health and the responsible use of cannabis.
FEDERAL DISTANCING: Consideration should be given to federal-level penalties related to marijuana,
which is still listed as a controlled substance. The federal standards are cited here for convenience:
21 USCS § 860
(a) Penalty. Any person who violates section 401(a)(1) or section 416 [21 USCS § 841(a)(1) or
856] by distributing, possessing with intent to distribute, or manufacturing a controlled substance in
or on, or within one thousand feet of, the real property comprising a public or private
elementary, vocational, or secondary school or a public or private college, junior college, or
university, or a playground, or housing facility owned by a public housing authority, or
within 100 feet of a public or private youth center, public swimming pool, or video arcade
facility, is (except as provided in subsection (b)) subject to (1) twice the maximum punishment
authorized by section 401(b) [21 USCS § 841(b)], and (2) at least twice any term of supervised
release authorized by section 401(b) [21 USCS § 841(b)] for a first offense. A fine up to twice that
authorized by section 401(b) [21 USCS § 841(b)] may be imposed in addition to any term of
imprisonment authorized by this subsection. Except to the extent a greater minimum sentence is
otherwise provided by section 401(b) [21 USCS § 841(b)], a person shall be sentenced under this
subsection to a term of imprisonment of not less than one year. The mandatory minimum
sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of
marijuana.
TAXES/STATE OF COLORADO: There are three taxes for retail marijuana in Colorado: a 2.9% state
sales tax, a 15% marijuana retail sales tax (not applicable to medical marijuana), and a 15% excise tax.
These monies are distributed to local entities, public schools, the state’s general fund, and a Marijuana Tax
Cash Fund (funding health care, monitoring marijuana health effects, health education, substance abuse
prevention and treatment programs, and law enforcement).
Page 3 of 6
Source: Colorado Department of Education
TAXES/PEER MUNICIPALITIES: There are diverse tax structures in the area. Below is a breakdown of
tax burdens for a $100 purchase in various nearby communities. Staff found a 5% local marijuana tax to be
the most common rate for municipalities within the state.
County retail marijuana
sales in 2020, in millions
Eagle $22.80
Garfield $29.20
Pitkin $14.40
Source: Colorado
Department of Revenue
Colorado marijuana tax
revenue, in millions
2021 $423.46
2020 $387.50
2019 $302.50
2018 $266.50
2017 $247.40
2016 $193.60
2015 $130.40
2014 $67.6
Source: Colorado
Department of Revenue
Page 4 of 6
TAXES/EAGLE COUNTY: Eagle County has six (6) sales tax filers and five (5) excise (production) tax
filers. Total marijuana sales and excise collections for 2020 was $773,113 at a rate of 2.5%. Assuming
one to two retail locations in Avon, staff estimates $250,000 to $500,000 in sales tax contributions based on
a 5% Marijuana and 4% retail sales tax rate respectively. See the attached (“Attachment B”) Eagle County
report for more detailed analysis of month-over-month sales data for Eagle County collections.
ANALYSIS: With a high concentration of marijuana businesses Eagle-Vail, it is not conspicuous to visitors
that the Town of Avon prohibits marijuana businesses. Assuming Beaver Creek vacationers make up a
large share of retail marijuana sales, many shoppers already pass-through Avon and shop at addresses
labeled “Avon”, in Eagle-Vail.
Avon’s valley floor includes many custom zone districts called Planned Unit Developments (“PUD”). If the
Town allows marijuana businesses, any location with PUD zoning (i.e. Chapel Square) that is eligible for
marijuana businesses would need to be custom modified to accommodate the use. That is, a Minor PUD
amendment would need to be processed and approved by Town Council prior to any marijuana business
opening in a PUD-zoned property.
Additional locational requirements should include:
• Special Review Use regulations, whereby aesthetic and community characteristics could be
considered
• Distancing between marijuana businesses
• Distance from schools
• Distance from other uses
• Distance from public facilities
• Cap of the number of licenses issued (e.g., only 2 marijuana dispensaries and only 2 production
facilities allowed)
Additional aesthetic requirements could include:
• Design requirements for signage
• Lighting standards
• Store names
• Storefront design
Breckenridge Town of Eagle Carbondale Silverthorne Basalt
TOTAL TAX 25.98$ 23.50$ 25.50$ 25.48$ 25.30$
TAX BREAK DOWN
STATE 15.00$ 15.00$ 15.00$ 15.00$ 15.00$
COUNTY 2.00$ 1.50$ 1.00$ 2.00$ 1.00$
SPECIAL DISTRICT
Mass Transportation 0.75$ 1.00$ 0.75$ 1.30$
Housing Authority 0.73$ 0.73$
TOWN-SALES 2.50$ 4.50$ 3.50$ 2.00$ 3.00$
TOWN-MARIJUANA 5.00$ 2.50$ 5.00$ 5.00$ 5.00$
Page 5 of 6
Example of store without strong design controls Aesthetically pleasing storefront with design standards
BUFFERS: Federal penalty regulations applying to schools and playgrounds require 1,000 feet of
separation, although as noted above in Eagle County’s regulations, local jurisdictions have control over
those requirements. Assuming a 500-foot buffer (commonly accepted in other Colorado Municipalities)
from schools and playgrounds is deemed appropriate for Avon, the attached map (“Attachment C”)
illustrates that there are commercially zoned parcels with potential to host marijuana businesses between
Avon Road and Chapel square in “East Avon”, and the small area of Neighborhood Commercial (“NC”)
zoned parcels near the Interstate 70 Interchange .
PROCESS: The Town Council has the option to modify land use regulations to permit retail marijuana by
Ordinance. If there are changes to taxes, the Taxpayers Bill of Rights (“TABOR”) requires a vote of the
electorate. It is common and convenient to ask voters for consideration of use and tax at the same time. If
a ballot question were pursued, the following dates are worth noting:
August 9 Last regularly scheduled Town Council meeting to introduce first reading of an
ordinance to refer ballot question and self-execute implementation of use tax upon
approval.
August 23 Last regularly scheduled Town Council meeting in which to adopt a resolution
certifying ballot content to the County Clerk and Recorder.
September 7 Last day to certify the ballot content to the County Clerk and Rec order.
November 8 General Election.
RECCOMENDATION: I recommend pursuing a ballot question and specific language on how the excise
tax funds would be utilized. Public health and education programs are the most common uses of marijuana
tax funds.
Page 6 of 6
OPTIONS:
• Delay action until next year
• Proceed with Ordinance to introduce land use controls and licensing regulations with no ballot
question on use and/or tax
• Proceed with Ballot process this summer for fall election to determine 1) voter acceptance of use,
and 2) excise tax
Thank you, Matt
ATTACHMENT A: Municipal Retail Marijuana Status Summary
ATTACHMENT B: Eagle County Tax Report
ATTACHMENT C: Avon Buffer Analysis for Marijuana Businesses
Sales Cultivation Manufacturing Testing Delivery On-site
Consumption Tax Information Notes Site/Code
Aguilar Aguilar Municipal Code
Akron Akron Municipal Code
Alamosa √5% sales tax on retail sales (not currently
allowed)Alamosa Municipal Code
Alma √√√√Alma Municipal Code
Antonito √Antonito Retail Store
Arriba Permanent moratorium.Link to Town Ordinances
Arvada Arvada Municipal Code
Aspen √√√√Aspen Municipal Code
Ault Ault Municipal Code, Chapter 9.34
Aurora √√√√√5% excise tax, 4% sales tax on retail with
authority up to 10%Aurora Marijuana Enforcement Division
Avon Avon Municipal Code
Basalt √5% sales tax on retail marijuana Basalt Municipal Code
Bayfield $10 per retail transaction (sales not
currently allowed)Bayfield Municipal Code
Bennett Bennett Municipal Code
Berthoud √7% sales and excise tax on retail sales Berthoud Municipal Code (Retail marijuana
not yet codified)
Bethune
Black Hawk √5% sales on retail and medical Black Hawk Municipal Code
Blanca √√5% excise on sale or transfer of
unprocessed retail marijuana in CML files
Blue River Blue River Municipal Code
Boone
Boulder √√√√5% excise tax, 3.5% sales tax Boulder Municipal Code
Bow Mar Bow Mar Municipal Code
Branson
Breckenridge √√√5% excise tax on all sales of marijuana Breckenridge Municipal Code
Brighton Rejected by voters November 2021 Brighton Municipal Code
Brookside Brookside Marijuana Ordinance
Broomfield √√√5% excise tax
Prohibition ordinance for cult and mfg
set to repeal on 4/1/25
Broomfield Municipal Code
Brush Brush Municipal Code
Buena Vista √5% sales tax with authority up to 15%Approved by voters November 2020 Buena Vista Municipal Code
Burlington Rejected by voters April 2022 Burlington Municipal Code
Calhan Calhan Zoning Code
Campo CML Files
Cañon City 5% excise and sales, authority up to 10%Moratorium with Ordinance 7-2014 Canon City Ordinances
Carbonate
Carbondale √√√√sales tax 5%, excise tax 5%Carbondale Municipal Code
Castle Pines Castle Pines Zoning Ordinance Section 206
Castle Rock Castle Rock Municipal Code
Cedaredge √5% sales tax Approved by voters November, 2020 Cedaredge Municipal Code
Centennial Centennial Municipal Code
Center Defeated by voters 11/19
Central City √5% on retail sales Central City Municipal Code
Municipal Retail Marijuana Status
ATTACHMENT A - COLORADO SUMMARY OF MUNICIPALITIES AND MARIJUANA
Sales Cultivation Manufacturing Testing Delivery On-site
Consumption Tax Information Notes Site/Code
Municipal Retail Marijuana Status
Cheraw
Cherry Hills Village Cherry Hills Municipal Code
Cheyenne Wells CML Files
Coal Creek CML Files
Cokedale
Collbran Permanent moratorium Collbran Municipal Code
Colorado Springs √Colorado Springs Municipal Code
Columbine Valley
Commerce City √√√√7% sales tax, 5% excise tax Commerce City Municipal Code
Cortez √√√Cortez Municipal Code
Craig √√√√up tp 4% sales tax Approved by voters 11/19 Craig Municipal Code
Crawford 5% sales with authority up to 10, 5%
excise (sales not currently allowed)Crawford Marijuana Ordinances
Creede Creede Ordinance 375
Crested Butte √√√Crested Butte Municipal Code
Crestone √5% sales tax CML Files
Cripple Creek Cripple Creek Municipal Code
Crook
Crowley
Dacono Dacono Municipal Code
De Beque √√√√5% excise tax on sale and cultivation Marijuana Page on De Beque Website
Deer Trail
Del Norte Del Norte Municipal Code
Delta 5% excise, 2% sales (sales not currently
allowed)Delta Municipal Code
Denver √√√√√√5.5% sales tax, authorized up to 15%
approved delivery 4/21 to start by
summer
Link to Denver's Marijuana Business
Licenses Page
Dillon √5% sales tax; 5% excise Dillon Municipal Code
Dinosaur √√√√5% excise, 10% sales Dinosaur Ordinance 3
Dolores √√√√$5 occupation tax per sales transaction;
5% excise Approved by voters 4/20
Dove Creek
Durango √√3% sales tax Durango Municipal Code
Eads
Eagle √√√√2.5% sales and 2.5% excise each
increasing .5%/year up to 5%Link to Eagle Marijuana Regulations Page
Eaton Eaton Municipal Code
Eckley Voted down 11/2020
Edgewater √√√√Edgewater Municipal Code
Elizabeth Elizabeth Municipal Code
Empire √√√$5/transaction Empire Ordinance 238
Englewood √3.5% with authority up to 5%Englewood Municipal Code
Erie Erie Municipal Code
Estes Park Voted down 12/19 Estes Park Municipal Code
Evans Evans Municipal Code
Fairplay Fairplay Municipal Code
Federal Heights √√√√5% sales tax with authority up to 10%, 5%
excise tax with authority up to 10%Federal Heights Marijuana Ordinance
Firestone Firestone Municipal Code
Flagler Prohibited (per email)
Fleming
ATTACHMENT A - COLORADO SUMMARY OF MUNICIPALITIES AND MARIJUANA
Sales Cultivation Manufacturing Testing Delivery On-site
Consumption Tax Information Notes Site/Code
Municipal Retail Marijuana Status
Florence √5% excise tax on wholesale Florence Municipal Code
Fort Collins √√√√Link to Fort Collins Marijuana Page
Fort Lupton √3.1% sales tax with authority up to 10%Approved by voters November, 2020 Fort Lupton Marijuana Ordinance
Fort Morgan Fort Morgan Municipal Code
Fountain Fountain Municipal Code
Fowler Fowler Municipal Code
Foxfield Foxfield Municipal Code
Fraser √5% sales tax Fraser Municipal Code
Frederick Frederick Municipal Code - Chapter 6
Frisco √√√5% sales tax Frisco Taxation Code
Fruita 5% excise tax Fruita Ordinance 2013-13
Garden City √√√√Garden City Municipal Code
Genoa
Georgetown √√$5/transaction Georgetown Municipal Code
Gilcrest Gilcrest Municipal Code
Glendale √√√√√1.85% sales tax Glendale Municipal Code
Glenwood Springs √√√√sales tax: 5% up to 15%, excise tax: 5%Glenwood Springs Municipal Code
Golden √6% sales tax Approved by voters November 2021 Golden Municipal Code
Granada
Granby Granby Municipal Code - Chapter 16
Grand Junction √√√√5% sales tax, up to 15%; 3% excise tax,
up to 10%Approved by voters April 2021 Grand Junction Marijuana Licensing Page
Grand Lake Grand Lake Municipal Code - Chapter 7
Greeley Greeley Municipal Code
Green Mountain Falls Green Mountain Falls Ordinance 01-2013
Greenwood Village Greenwood Village Municipal Code
Grover
Gunnison √√√√5% sales tax, 5% excise tax Gunnison Municipal Code
Gypsum Gypsum Municipal Code
Hartman
Haswell
Haxtun
Hayden √√7.5% excise tax with authority up to 15%Hayden Municipal Code
Hillrose
Holly Holly Marijuana Prohibition Ordinance
Holyoke Holyoke Ord. 7-2016
Hooper Rejected by voters April 2022
Hot Sulphur Springs Hot Sulphur Springs - Ordinance
Hotchkiss 2% sales tax (up to 10%) in event sales
are permitted by election CML Files
Hudson Hudson Land Development Code - Chapter
16
Hugo Hugo Ordinance 237
Idaho Springs √√5% excise tax Idaho Springs Municipal Code
Ignacio Rejected by voters April 2022 Ignacio Ordinance 308 - Permanent Ban
Iliff
ATTACHMENT A - COLORADO SUMMARY OF MUNICIPALITIES AND MARIJUANA
Sales Cultivation Manufacturing Testing Delivery On-site
Consumption Tax Information Notes Site/Code
Municipal Retail Marijuana Status
Jamestown Permanent moratorium Jamestown Ordinance 2013-01
Johnstown Johnstown Ordinance 2016-143
Julesburg
Keenesburg Keenesburg Municipal Code
Kersey Kersey Municipal Code
Kim
Kiowa Voted down 11/2020 Kiowa Municipal Code - Chp. 6
Kit Carson
Kremmling
La Jara
La Junta La Junta Municipal Code
La Salle CML Files
La Veta √√√√Rejected by voters April 2022 La Veta Municipal Code
Lafayette √√√√sales and excise tax 5%; up to 10%Lafayette Municipal Code
Lake City Lake City Municipal Code
Lakeside
Lakewood √√Approved by voters November 2020 Lakewood Municipal Code
Lamar
Approved by voter initiative November
2021; Election results nullified in March
2022 because petition requirements
were not met Lamar Municipal Code - Chp. 6
Larkspur Larkspur Municipal Code
Las Animas √√√√5.75% sales tax; 5% excise tax, up to
10%Approved November 2018 election
Leadville √√√√5% excise tax, up to 10%Leadville Municipal Code
Limon Limon Municipal Code
Littleton √Special 3% sales tax on retail Approved by voters November 2020 Littleton Municipal Code - Chp. 21
Lochbuie Lochbuie Municipal Code
Log Lane Village √√√√5% excise tax
Lone Tree Lone Tree Municipal Code
Longmont √3.5% sales tax; 3% excise tax with
authority up to 15%Longmont Marijuana Ordinance
Louisville √√√5% excise tax on cultivation Louisville Municipal Code
Loveland Defeated by voters 11/19 Loveland Municipal Code - 7.65.20
Lyons √√√√3.5% sales; 5% excise tax; both up to
10%Lyons Municipal Code
Manassa
Mancos √√√√occupation tax up to $10/transaction Mancos Municipal Code
Manitou Springs √√6%, authority up to 10%cultivation and manufacturing prohibited Manitou Springs Municipal Code
Manzanola
Marble Marble Ordinance 8-2014
Mead Defeated by voters 11/19, 11/21 Mead Municipal Code
Meeker Meeker Municipal Code
Merino
Milliken √√√√occupation tax up to $10/transaction Milliken Municipal Code
Minturn Minturn Municipal Code
Moffat √√√2% sales tax first year, increasing to 5% in
year two CML Files
ATTACHMENT A - COLORADO SUMMARY OF MUNICIPALITIES AND MARIJUANA
Sales Cultivation Manufacturing Testing Delivery On-site
Consumption Tax Information Notes Site/Code
Municipal Retail Marijuana Status
Monte Vista 18% excise tax, 18% sales tax Monte Vista Municipal Code
Montezuma Montezuma Ordinance 3-2014
Montrose Montrose Ordinance 2321
Monument Monument Municipal Code
Morrison √6.25% sales tax, with authority up to
11.25%Morrison Municipal Code
Mountain View √√√√5% sales tax Mountain View Marijuana Ordinance
Mountain Village CML Files
Mt. Crested Butte Mt. Crested Butte Chp. 21
Naturita √√√√2% sales tax, with authority up to 10;
excise tax of 5%
Nederland √√√3.75% sales tax Nederland Municipal Code
New Castle New Castle Municipal Code
Northglenn √√√√4% sales tax, up to 10%Delivery approved June 2021 Northglenn Municipal Code
Norwood √√√2% sales tax, up to 10%; 5% excise tax Approved by voters 4/20
Nucla
Nunn √5% excise tax CML Files
Oak Creek √√√√Oak Creek Municipal Code
Olathe Olathe Municipal Code, Title IV, Chapter 4
Olney Springs CML Files
Ophir
Orchard City
up to 5% sales tax, up to 5% excise tax,
up to $10 occupation tax for each sale
transaction Orchard City July 2017 Minutes
Ordway √√√Ordway Municipal Code
Otis Otis Ordinance 173
Ouray 5% with authority up to 10%Ouray Council Minutes
Ovid
Pagosa Springs √√Pagosa Springs Municipal Code
Palisade √√√√
5% excise tax; Occupation tax of $5.00 for
each sales transaction that is less than
$100, $10.00 for each sales transaction
between $100.00 and $500.00 and $25.00
for each sales transaction of $500.00 or
more Link to Palisade Marijuana Information
Palmer Lake √
5% sales tax with authority up to 10%
(sales not currently allowed); 5% excise
tax with authority up to 10%Palmer Lake Municipal Code, Section 5.40
Paoli
Paonia √
excise and sales tax of 5%, both with
authority up to 10%; $5.00 occupation tax
per sales transaction Approved by voters November 2020 Paonia Ordinance 2021-01
Parachute √√√√√√5% excise tax Parachute Municipal Code
Parker Parker Municipal Code
Peetz CML Files
Pierce CML Files
Pitkin CML Files
Platteville Platteville Municipal Code
ATTACHMENT A - COLORADO SUMMARY OF MUNICIPALITIES AND MARIJUANA
Sales Cultivation Manufacturing Testing Delivery On-site
Consumption Tax Information Notes Site/Code
Municipal Retail Marijuana Status
Poncha Springs 5% sales tax; 5% excise tax (sales not
currently allowed)Poncha Springs Ordinance 2013-1
Pritchett
Pueblo √√√√8% excise tax with authority up to 15%Pueblo Municipal Code
Ramah
Rangley
Raymer
Red Cliff √√√√5% sales tax, 15% excise tax CML Files
Rico √√√√
10% sales and 10% excise on
unprocessed retail marijauna sold or
transferred from cultivation facility to retail
facility Rico Marijuana Ordinance
Ridgway √√√√Ridgway Municipal Code
Rifle √√5% excise tax Rifle Municipal Code
Rockvale
Rocky Ford √6% sales tax with authority up to 8%Rocky Ford Municipal Code
Romeo √√√√Approved by voters November 2020
Rye
Saguache Saguache Ordinance 2013-1
Salida √Salida Municipal Code
San Luis √√√San Luis Municipal Code
Sanford
Sawpit
Sedgwick √√√√
5% sales tax; 2% excise tax on cultivation;
occupation tax of $5-$25 per wholesale
manufacturing transaction In CML files
Seibert
Severance 7% sales tax (sales not currently allowed)Severance Municipal Code
Sheridan 5% excise Sheridan Municipal Code
Silt √√√√3.5% retail sales Silt Municipal Code
Silver Cliff
Silver Plume √4% and no greater than 8%Silver Plume Ordinance 335/336
Silverthorne √√5% excise tax on mj and products Silverthorne Municipal Code
Silverton √√√√1% sales tax and 3% excise tax Silverton Municipal Code
Simla Simla Municipal Code - Chp. 2
Snowmass Village √5% sales tax, up to 15% Ordinance 3, Series 2019
South Fork 5% sales tax South Fork Ordinance 15-06
Springfield
Starkville
Steamboat Springs √√√√Steamboat Springs Municipal Code
Sterling
Stratton CML Files
Sugar City √
Superior √Superior Municipal Code
Swink
Telluride √√√√Telluride Municipal Code
Thornton √√√5% sales tax Approved delivery April 2021 Thornton Municipal Code
Timnath Timnath Municipal Code
Trinidad √√√√5% sales tax Trinidad Marijuana Licensing Application
ATTACHMENT A - COLORADO SUMMARY OF MUNICIPALITIES AND MARIJUANA
Sales Cultivation Manufacturing Testing Delivery On-site
Consumption Tax Information Notes Site/Code
Municipal Retail Marijuana Status
Two Buttes
Vail Vail Municipal Code
Victor Victor Municipal Code
Vilas
Vona
Walden CML Files
Walsenburg √√√√5% excise tax Link to Walsenburg's Marijuana Page
Walsh
Ward
Wellington √3.5% sales tax, up to 5%Approved by voters November 2021
Westcliffe Westcliffe Municipal Code
Westminster voters approved businesses in 11/21
but will not go into effect because was
contingent on tax that failed Westminster Municipal Code
Wheat Ridge √√√√3.5% sales tax Wheat Ridge Municipal Code
Wiggins Wiggins Marijuana Ordinance
Wiley
Williamsburg Prohibited by Chapter 2 Article II of Code
Windsor Windsor Municipal Code
Winter Park √5% sales tax sales approved by ordinance 7/2021 to
begin 2022 Winter Park Municipal Code
Woodland Park Woodland Park Municipal Code
Wray voters rejected mfg 11/21
Yampa
Yuma 5% sales tax with authority up to 10 (sales
not currently allowed)Yuma Municipal Code
√
Totals:93 64 58 57 7 4
Permitted
ATTACHMENT A - COLORADO SUMMARY OF MUNICIPALITIES AND MARIJUANA
Eagle County Sales Tax Report
1% Sales Tax Charts
YTD Comparison to Budget
Monthly Trend (Actuals)
Marijuana Sales and Excise Charts
YTD Comparison to Budget
Monthly Trend (Actuals)
Tobacco Tax Charts
YTD Comparison to Budget
Monthly Trend (Actuals)
ATTACHMENT B - EAGLE COUNTY TAXES
Eagle County Sales Tax Report
Eagle County 1% Sales Tax Collections
Eagle County 1% Sales Tax Collections Year to Date Cumulative
●In 2020, sales tax revenue was $20 million, 2% over the 2020 budget.
●Through August 2021, sales tax revenue was $16.4 million, 40% over budget of 11.7 million.
●In the month of August 2021 sales tax revenue of $2.16 million was 24% ($415k) higher than the same month in 2020.
●Through August 2021, all towns saw sales tax collections higher than through the same months in 2020.
Actual Actual Actual Budget Actual
Comparing Current Actual
to Prior Year Actual
Comparing Current
Actual to Budget
Month Earned 2018 2019 2020 2021 2021 $ % $ %
January $1,831,918 $2,142,674 $2,327,987 $1,909,555 $2,089,797 -$238,190 -10.23% $180,242 9.44%
February $2,004,963 $2,153,604 $2,306,354 $1,909,555 $2,194,808 -$111,546 -4.84% $285,253 14.94%
March $2,206,073 $2,350,403 $1,345,046 $2,083,151 $2,679,539 $1,334,493 99.22% $596,388 28.63%
April $995,067 $1,128,768 $1,134,287 $954,778 $1,451,386 $317,098 27.96% $496,608 52.01%
May $881,308 $923,895 $1,058,531 $867,979 $1,373,919 $315,389 29.79% $505,940 58.29%
June $1,291,807 $1,326,148 $1,353,987 $1,128,373 $1,989,419 $635,432 46.93% $861,046 76.31%
July $1,569,081 $1,808,130 $1,744,154 $1,475,565 $2,464,403 $720,249 41.30% $988,838 67.01%
August $1,412,056 $1,629,209 $1,739,801 $1,388,767 $2,155,111 $415,310 23.87% $766,344 55.18%
September $1,212,531 $1,466,687 $1,658,841 $1,215,171 0.00% 0.00%
October $1,040,956 $1,256,502 $1,441,852 $1,041,575 0.00% 0.00%
November $1,007,993 $1,488,894 $1,409,161 $1,128,373 0.00% 0.00%
December $2,347,161 $2,748,128 $2,527,242 $2,256,746 0.00% 0.00%
Total $17,800,915 $20,423,043 $20,047,243 $17,359,588 $16,398,381 $3,388,234 $4,680,658
% Increase
(Decrease) 7.81% 14.73% -1.84%
Actual Actual Actual Budget Actual
Comparing Current Actual
to Prior Year Actual
Comparing Current
Actual to Budget
Month Earned 2018 2019 2020 2021 2021 $ % $ %
January $1,831,918 $2,142,674 $2,327,987 $1,909,555 $2,089,797 -$238,190 -10.23% $180,242 9.44%
February $3,836,881 $4,296,277 $4,634,341 $3,819,110 $4,284,605 -$349,736 -7.55% $465,495 12.19%
March $6,042,954 $6,646,681 $5,979,387 $5,902,261 $6,964,144 $984,757 16.47% $1,061,883 17.99%
April $7,038,022 $7,775,449 $7,113,674 $6,857,039 $8,415,530 $1,301,855 18.30% $1,558,491 22.73%
May $7,919,330 $8,699,344 $8,172,205 $7,725,018 $9,789,449 $1,617,244 19.79% $2,064,431 26.72%
June $9,211,137 $10,025,492 $9,526,192 $8,853,391 $11,778,868 $2,252,676 23.65% $2,925,477 33.04%
July $10,780,218 $11,833,622 $11,270,346 $10,328,956 $14,243,270 $2,972,924 26.38% $3,914,314 37.90%
August $12,192,274 $13,462,831 $13,010,147 $11,717,723 $16,398,381 $3,388,234 26.04% $4,680,658 39.95%
September $13,404,805 $14,929,518 $14,668,988 $12,932,894 0.00% 0.00%
October $14,445,761 $16,186,021 $16,110,840 $13,974,469 0.00% 0.00%
November $15,453,754 $17,674,915 $17,520,001 $15,102,842 0.00% 0.00%
December $17,800,915 $20,423,043 $20,047,243 $17,359,588 0.00% 0.00%
ATTACHMENT B - EAGLE COUNTY TAXES
Eagle County Sales Tax Report
MJ Sales and Excise Tax Collections
MJ Sales and Excise Tax Collections Year to Date Cumulative
●In 2020, MJ tax collected was $773k, 29% over the budget of $600k.
●Through August 2021, MJ tax collected was $561k, 9% over the budget of $515k.
●In August 2021 MJ tax revenue of $64k was 22% ($17.5k) lower than the same month in 2020.
Actual Actual Actual Budget Actual
Comparing Current
Actual to Prior Year
Actual
Comparing Current
Actual to Budget
Month
Earned 2018 2019 2020 2021 2021 $ % $ %
January $33,458 $47,906 $64,602 $62,671 $90,969 $26,367 40.81% $28,298 45.15%
February $37,804 $54,555 $63,592 $61,690 $77,863 $14,272 22.44% $16,173 26.22%
March $47,285 $79,409 $71,829 $69,682 $89,305 $17,476 24.33% $19,623 28.16%
April $28,467 $57,925 $43,653 $42,348 $59,461 $15,807 36.21% $17,113 40.41%
May $17,202 $35,804 $42,842 $41,562 $42,942 $99 0.23% $1,380 3.32%
June $33,141 $43,929 $64,807 $62,869 $63,042 -$1,764 -2.72% $173 0.28%
July $36,786 $57,042 $98,051 $95,120 $73,735 -$24,317 -24.80% -$21,385 -22.48%
August $37,917 $55,172 $81,436 $79,001 $63,880 -$17,556 -21.56% -$15,121 -19.14%
September $30,673 $44,673 $67,270 $65,259 0.00% 0.00%
October $26,202 $24,382 $51,127 $49,599 0.00% 0.00%
November $26,178 $40,373 $47,693 $46,267 0.00% 0.00%
December $43,056 $117,185 $76,211 $73,932 0.00% 0.00%
Total $398,170 $658,354 $773,113 $750,000 $561,197 $30,384 $46,254
% Increase
(Decrease) 65.35% 17.43%
Actual Actual Actual Budget Actual
Comparing Current
Actual to Prior Year
Actual
Comparing Current
Actual to Budget
Month Earned 2018 2019 2020 2021 2021 Month $ Month % Month $ Month %
January $33,458 $47,906 $64,602 $62,671 $90,969 $26,367 40.81% $28,298 45.15%
February $71,262 $102,461 $128,194 $124,361 $168,832 $40,638 31.70% $44,471 35.76%
March $118,548 $181,870 $200,023 $194,043 $258,138 $58,115 29.05% $64,095 33.03%
April $147,015 $239,795 $243,676 $236,391 $317,598 $73,922 30.34% $81,207 34.35%
May $164,217 $275,598 $286,519 $277,953 $360,540 $74,021 25.83% $82,587 29.71%
June $197,358 $319,527 $351,326 $340,822 $423,582 $72,257 20.57% $82,760 24.28%
July $234,144 $376,569 $449,377 $435,942 $497,317 $47,940 10.67% $61,375 14.08%
August $272,061 $431,742 $530,813 $514,943 $561,197 $30,384 5.72% $46,254 8.98%
September $302,734 $476,414 $598,083 $580,202 0.00% 0.00%
October $328,936 $500,797 $649,210 $629,801 0.00% 0.00%
November $355,113 $541,169 $696,903 $676,068 0.00% 0.00%
December $398,170 $658,354 $773,113 $750,000 0.00% 0.00%
ATTACHMENT B - EAGLE COUNTY TAXES
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Buffer Analysis
for Marijuana Businesses
This map was created by the Eagle County GIS Department.
Use of this map should be for general purpose only.
Eagle County does not warrant the accuracy of the data
contained herein.
0 2,000 4,000Feet
1 inch = 2,000 feet
Parcel Boundary
1,000 ft Buffer from School or Preschool
(no marijuana facilities in accordance with
federal regulations in these buffers)
500 ft Buffer from School or Public Park
(no marijuana facilities in accordance with
federal regulations in these buffers)
ATTACHMENT C
[970] 748-4055 swright@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Scott Wright, Finance Director; Eric Heil, Town Manager
RE: Use Tax on Construction Materials
DATE: April 27, 2022
SUMMARY: This report is a follow-up to last year’s presentations to Council regarding use tax on construction
materials. Last year’s report, which is attached to this report as Attachment C, introduced to Council a
possible means for funding Community Housing projects through the assessment of a use tax on construction
materials. The report also provided an analysis of the various other types of use taxes, including motor vehicle
use tax and consumer use tax. Neither of these were recommended or pursued by staff or Council.
Ultimately Town Council decided to place on the November 2021 ballot a 2% Short -term Rental Tax to be
earmarked for Community Housing and the idea of a use tax on construction materials was requested by
Council to be brought back for discussion in 2022.
This report uses the report from last year as a foundation with a few key revisions. First, since the 2% Short -
term Rental Tax Community housing passed last year, it is staff’s recommendation to no longer earmark the
revenues that would be collected from the proposed use tax. Secondly, staff has addressed the concern of
some Council members regarding the impact to local citizens and is recommending an exemption of the
collection of a use tax on projects requiring a building permit of less than $50,000.
Implementing a use tax on construction materials is a change in tax policy that increases revenues and as
such would be required to be approved by the Town’s electorate in a TABOR election.
Critical dates pursuant to TABOR include the following:
(1) August 9. Last regularly scheduled Town Council meeting to introduce first reading of an
ordinance to refer ballot question and self-execute implementation of use tax upon
approval.
(2) August 23 Last regularly scheduled Town Council meeting in which to adopt a resolution
certifying ballot content to the County Clerk and Recorder.
(3) September 7. Last day to certify the ballot content to the County Clerk and Recorder.
(4) November 8. General Election.
BACKGROUND: A large number of cities and counties in Colorado levy a use tax on building materials
including Eagle, Gypsum, Vail, Steamboat Springs and Grand Junction . The benefits of a use tax on
construction materials include the following:
(1) Generates fairness and simplicity in the imposition of the tax;
(2) Helps to eliminate unfair competition using tax rates as a reason to shop outside of Avon;
(3) Reduces tax liabilities for sub-contractors;
(4) Retains tax dollars in the community where the burden on Town facilities and services is placed;
(5) Eases the administrative burden of collection;
Current Methodology for the Collection of Sales Tax on Building Materials The Town of Avon imposes
a sales tax on building materials. However, the administrative burden of collection is extremely high and very
ineffective. Most of the current collections of sales tax on construction materials is generated and remitted
Page 2 of 3
by located Avon retailers such as Home Depot, and local Eagle County retailers such as Edwards Building
Supply due to the fact that they have established physical nexus with the Town of Avon. For example, when
a purchase is made from Edwards Building Supply and the materials are to be delivered into Avon, the retailer
will collect and remit Avon sales tax.
The administrative burden (and headache for contractors and developers) comes from project whereby the
materials are being purchased from outside of Eagle County or the State of Colorado Sales tax is not typically
collected on these materials by the vendor. In these instances, sales tax would be due to the Town by either
a general contractor or sub-contractor at the time the materials are delivered to the job site. The fact of the
matter is that most of the time tax is not remitted to the Town and Town staff has little or no knowledge of the
transactions taking place in order to follow-up with the contractor. And if staff does have the information, it
is often very difficult to track down out-of-town contractors or to have any sort of leverage to require them to
remit the taxes due.
Construction Materials Use Tax A construction use tax is a form of use tax levied on building materials.
The use tax is collected at the time a building permit is issued. The use tax amount is determined by
multiplying the use tax rate by the cost of the building materials using a predetermined formula. A common
method is to determine that the cost of building materials to be fifty percent (50%) of the total valuation of the
construction project. The builder then provides the building permit to the materials supplier to prove that use
tax has already been paid, and then is exempt from paying a corresponding municipal sales tax in other
locations.
The administrative burden of collection under a use tax methodology is greatly reduced. In addition, the
Town would have the authority when necessary to reconcile the final cost of a project versus the initial value
placed on the project for permit purposes.
FINANCIAL CONSIDERATIONS: Based on the Town’s 10-year average of the total value of building
construction of $32,772,355, a 4% use tax on construction materials would have generated an average of
$655,447 per annum in revenue. It should be noted that because the Town (excluding The Village (at Avon))
has only a few remaining vacant parcels for large potential developments remaining, the level of use tax from
the past ten years might not be an accurate representation of the potential use tax that might be realized in
the future. Redevelopment of East Avon Town Center and other underdeveloped prop erties in the Town core
may provide additional use tax revenues.
Village At Avon (Traer Creek Metro District). The Consolidated Amended and Restated Annexation and
Development Agreement (“CARADA”) specifically contemplates that the Town may, at some point, impose
a use tax. In the event a use tax is imposed, a corresponding “use tax credit” will automatically be applied to
any transaction subject to the use tax. The CARADA also contemplates th at Traer Creek may impose a
building materials fee if the Town imposes a use tax. The CARADA is silent as to whether the building
materials fee must be used for the same purposes as the use tax. The CARADA does provide the Town
must coordinate with Traer Creek regarding the implementation of any use tax, so the To wn will need to
further explore the building materials fee with Traer Creek.
Based on 1,835 remaining residential dwelling units (at 1,500 sq. ft. each) and 470,017 remaining commercial
square footage left to be developed. At $400 per sq. ft. construction cost the total taxable value (50% of total
construction value) is $644,503,400. Therefore the potential use tax revenue generation is estimated to be
in excess of $25 million using a 4% tax rate. Given the existing debt of approximately $75 million and the
Page 3 of 3
remaining Credit PIF Cap of over $21 million, the additional use tax revenues could make a meaningful
reduction in the term of the life of this debt.
SAMPLE BALLOT LANGUAGE: A draft of the use tax ballot question language is included with this
Report as Attachment A. As mentioned above, there is not restriction to use of the revenues generated
from a use tax.
USE TAX CODE: A draft of the proposed Use Tax Code Chapter 3.09 is included with this Report as
Attachment B. An ordinance approving the new Chapter would be presented to Council for first reading
upon adopting a resolution certifying the ballot content to the County Clerk and Recorder.
RECOMMENDATION: We recommend that Council provide direction regarding the possible adoption,
either by resolution or by ordinance, of a construction materials use tax ballot question to be certified to the
Eagle County Clerk and Recorder for inclusion in the November 8, 2022, general election.
Thank you, Scott and Eric
ATTACHMENTS:
Attachment A – Draft - Use Tax Ballot Question
Attachment B – Draft - Use Tax Code Chapter 3.09
Attachment C – 2021 Council Report
SAMPLE USE TAX BALLOT QUESTION
SHALL TOWN OF AVON TAXES BE INCREASED $____ MILLION ($____________)
ANNUALLY IN 2023, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX
ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION
MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT FOR
ANY MUNICIPAL PURPOSE, IN ACCORDANCE WITH SUCH TERMS, CONDITIONS
AND POLICIES AS MAY BE ADOPTED BY THE AVON TOWN COUNCIL, ALL IN
ACCORDANCE WITH ORDINANCE NO. 22-____ ADOPTED BY THE TOWN COUNCIL;
AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS
FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A
VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH
WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW.
1
CHAPTER 3.09 – Use Tax on Construction Materials
3.09.010 – Title, Purpose, and Applicability.
(a) This Chapter shall be known and may be cited as “The Town of Avon Use Tax on
Construction and Building Materials.”
(b) The purpose of this Chapter is to raise revenue for municipal purposes and provide a
complementary tax to the Town’s sales tax. The Town Council find that every person
who uses or consumes in the Town any construction and building materials is
exercising a taxable privilege.
(c) Subject only to the exemptions set out at Section 3.09.040, the use tax imposed herein
shall apply to any use or consumption in the Town of construction and building
materials purchased at retail on or after January 1, 2023.
3.09.020 – Definitions
When not otherwise clearly indicated by the context, the following words and phrases, as
used in this chapter, shall have the following meanings:
Building permit means a permit, issued by the Town, allowing the permit holder to
construct, enlarge, repair, move, demolish, or change the occupancy of a building or structure, or
to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical ,
or plumbing system regulated by the adopted building codes of the Town. A building permit shall
not include any permit for demolition or dewatering.
Charitable organization means any entity which has been certified as a nonprofit
organization under Section 501(c)(3) of the Internal Revenue Code.
Construction equipment means any equipment, including mobile machinery and mobile
equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make
improvements to any real property, building, structure, or infrastructure, whether leased or owned.
Construction Materials means tangible personal property which, when combined with
other tangible personal property, loses its identity to become an integral and inseparable part of a
structure or project including public and private improvements. Construction Materials include,
but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement,
concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling
equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar,
oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh,
road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, s tone, stucco, tile,
trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather
stripping, wire netting and screen, water mains and meters, and wood preserver. The above
materials, when used for forms, or other items which do not remain as an integral and inseparable
part of completed structure or project are not construction materials.
2
Construction valuation means the total value of the work, including labor and construction
and building materials, for which a permit is issued, including leased construction equipment,
electrical, gas, mechanical, plumbing equipment and permanent systems, as determined by the
building department or building official.
Consumption means the act or process of consuming, and includes waste, destruction, or
use. Consumption is the normal use of property for the purpose for which it was intended.
Contractor means any person who shall build, construct, reconstruct, alter, expand, modify,
or improve any building, dwelling, structure, infrastructure, or other improvement to real property
for another party pursuant to an agreement. For purposes of this definition, Contractor also
includes subcontractor.
Director means the Director of Finance for the Town or such person’s designee.
Person means any individual, firm, partnership, joint venture, corporation, limited liability
company, estate or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or
representative capacity, whether appointed by court or otherwise, or any group or combination
acting as a unit.
Purchase or sale means the acquisition for any consideration by any person of tangible
personal property by way of purchase, lease, or rental, including capital leases, installment and
credit sales, and lease-purchase, rental or grant of a license to use, which consideration may include
money, exchange of property or services, or any other thing of value.
Purchase price means the aggregate value in money of anything or things paid or delivered
or promised to be paid or delivered by a purchaser to a retailer or any person in the consummation
of a retail sale as defined herein, without any deduction therefrom for the cost of the property sold,
cost of materials used, labor or service cost, or any other expense whatsoever, and provided that
when articles of tangible personal property are sold after manufacture or after having been made
to order, the gross value of all materials, labor, service, and profit thereon shall be included in the
purchase price; provided that the purchase price shall not include any direct tax imposed by the
United States government, the state, or this chapter.
Retail Sale or Purchased at Retail means any purchase or sale of tangible personal
property, except a wholesale sale or purchase made for taxable resale.
Taxpayer means any person obligated to collect and/or pay tax under this Code.
Town means the Town of Avon.
Use means the exercise, for any length of time, by any person with the Town of any right,
power or dominion over tangible personal property or services when rented, leased, or purchased
at retail from sources within or with the Town; or tangible personal property used in the
3
performance of a contract in the Town, whether or not owned by the taxpayer. Use also includes
withdrawal of items from inventory for consumption.
Wholesale sales mean a sale to a licensed retailer, jobber, dealer, or other wholesaler for
resale. Sales by wholesalers to consumers, including persons who use or consume construction
and building materials, as defined by this Section, are not wholesale sales. Sales by wholesalers to
non-licensed retailers are not wholesale sales.
Wholesaler means any person selling to retailers, jobbers, dealers, or other wholesalers, for
the purpose of resale and not for storage, use, consumption, or distribution.
3.09.030 – Use tax imposed.
(a) There is hereby imposed and levied in the Town, and shall be collected and paid, a use
tax on the privilege of using or consuming within the Town construction and building
materials of every kind and form purchased or leased inside or outside the Town.
(b) The use tax imposed by this Chapter shall be at the rate of four percent (4%) of the
cost of construction and building materials used or consumed in the Town, including
leased equipment. For purposes of this Chapter, the cost of construction and building
materials is deemed to be fifty percent (50%) of the construction valuation.
(c) Any construction and building material used or consumed on a project which has
received all final development review approvals required by Title 7 of the Avon
Municipal Code on or before December 31, 2022, shall not be subject to the use tax
imposed herein. If any approval expires by its terms after December 31, 2022, such
application for development review shall then be subject to the use tax imposed by
this Chapter.
3.09.040 – Exemptions.
The following are exempt from the use tax imposed by this chapter, provided that the list
of exemptions cannot be increased by implication or similarity and the burden of proof is upon the
taxpayer to establish an exemption:
(a) The use or consumption of construction and building materials the sale of which is
subject to a retail sales tax imposed by the Town;
(b) The use or consumption of construction and building materials purchased for resale
in the Town, either in their original form or as an ingredient of a manufactured or
compounded product, in the regular course of business;
(c) The use or consumption of construction and building materials by the United States
government; by the State, its departments or institutions or political subdivisions
thereof in their governmental capacities only; or by the Town; providing, however,
that no commercial, industrial or other banking institution, organized or chartered by
4
the United States government, any agency or department thereof, or by the State, shall
be considered a governmental institution for the purpose of this exemption;
(d) The use or consumption of construction and building materials by charitable
organizations in the conduct of their regular charitable functions; except that nothing
herein contained shall be deemed to exempt use of construction and building material
or supplies used by a contractor for the construction of an improvement for a
charitable organization;
(e) The use or consumption of construction and building materials by a person engaged
in the business of manufacturing or compounding for sale, profit, or use of any article,
substance, or commodity, which construction and building materials enters into the
processing of or becomes an ingredient or component part of the product or service
which is manufactured, compounded, or furnished, and the container, label, or the
furnished shipping case thereof;
(f) The use or consumption of construction and building materials if a written contract
for the purchase thereof was entered into prior to January 1, 2023;
(g) The use or consumption of construction and building materials required or made
necessary in the performance of any construction contract bid, let, or entered into at
any time prior to January 1, 2023;
(h) The storage of construction and building materials;
(i) A building project, subject to a Town of Avon Building Permit, with a total
construction valuation of fifty thousand dollars ($50,000.00) or less;
(j) The use or consumption of construction and building materials in the Town on which
the use tax imposed by this Chapter has already been paid; and
(k) Any transaction which the Town is prohibited from taxing under applicable law.
3.09.050 – Credit for taxes paid to another taxing authority.
(a) The Town’s use tax shall not apply to the use or consumption of any construction and
building materials the sale or use of which has already been subjected to a legally
imposed sales or use tax of another statutory or home rule town, city, or city and
county equal to or in excess of the use tax imposed herein.
(b) A credit shall be granted against the Town’s use tax in an amount equal to lawful tax
previously paid by the purchaser or user to another taxing authority, provided that the
amount of credit shall not exceed the amount of use tax imposed by this Chapter.
(c) The burden of proof is upon the taxpayer to establish the right to any credit claimed.
5
(d) It is the intent of this Chapter for Town taxes to be paid at the time a building permit
is issued. Once such permit is issued, persons engaged in construction projects in the
Town are considered to be the end users of construction and building materials and
must not pay municipal sales tax to a retailer in another jurisdiction for materials to be
used or consumed in the Town. No refund or credit of another municipality’s tax will
be allowed unless such tax is legally imposed.
3.09.055 – Tax credit for the Village (at Avon).
Notwithstanding any other provisions of this Chapter, there shall be granted to each person
owing tax on use or consumption of building materials within The Village (at Avon) a temporary
tax credit equal to the amount of any Building Materials Use Fee paid by or on behalf of such
person for that same use or consumption. The amount of the credit shall not exceed the amount of
use tax owed. This credit shall expire with the termination of the Building Materials Use Fee as
set out in the Consolidated, Amended and Restated Annexation and Development Agreement for
The Village (at Avon), as recorded with Eagle County on August 1, 2014. Neither the ability of
the Town to grant the temporary tax credit nor termination of the tax credit shall constitute a tax
increase, the imposition of a new tax, or a tax policy change.
3.09.056 - Tax credit for Community Housing.
Notwithstanding any other provision of this Chapter, there may be granted a tax credit to
each person owing tax on the use or consumption of construction and building materials and
fixtures used in a Community Housing project provided that such use tax credit is approved by
Council by resolution in accordance with Chapter 3.14. Neither the ability of the Town to grant
this tax credit nor the repeal or termination of this tax credit shall constitute a tax rate increase, the
imposition of a new tax or a tax policy change.
3.09.057 - Temporary tax credit for renewable energy production components.
Notwithstanding any other provision of this Chapter, there shall be granted a temporary
tax credit to each person owing tax on the use or consumption of components used in the
production of electricity, generation of heat or cooling of air, from a renewable energy source,
including but not limited to wind, solar, solar thermal systems, and geothermal energy systems,
provided that this temporary tax credit shall commence on the effective date of this ordinance and
shall continue until December 31, 2024, whereupon this temporary tax credit shall automatically
expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the
temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition
of a new tax or a tax policy change.
3.09.060 – Collection and administration.
(a) The administration of this chapter is hereby vested in the Director, who shall prescribe
forms and promulgate rules and regulations for the proper administration and
enforcement of this chapter. The Director may delegate to any person the power and
authority necessary for the proper administration and enforcement of this chapter.
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(b) The use tax required by this Chapter shall initially be made by estimate, which
estimated amount must be paid at or prior to the time any permit for building or
construction within the Town is issued. No permit shall be issued by the Town
Building Official, or any other town employee, to any person requesting a permit for
construction within the Town until such estimated use tax has been paid. The tax
estimate shall be made by the Director, working with the Community Development
Department to determine the Construction Valuation.
(c) All use taxes due to the Town must be paid in full before a final building inspection
may take place and a permanent or temporary certificate of occupancy issued. The
Director may determine the amount of use taxes due to the Town before final
inspections occur or certificates of occupancy issue. To assist in this determination,
the Director may request information from the taxpayer, who shall timely provide it,
which information may include proof of actual amounts paid for construction and
building materials used or consumed in the building project.
(d) A person engaged in a construction project in the Town who does not apply for and
have issued a permit or who seeks and obtains prior approval of the Director to remit
use taxes in accordance with this Subsection (d) shall, on or before the twentieth day
of each succeeding month following the start of construction, file a return with the
Director attaching all statements and invoices establishing the price paid for building
and construction materials used in the local project, along with a summary sheet for
materials purchased the previous month, and shall thereupon pay to the Town the full
amount of use tax due for the preceding month or months. Any failure to make such
return and payment of such use tax shall be deemed a violation of this Chapter, which
may, upon conviction, subject the violator to penalties provided.
3.09.070 – Penalty and Interest.
(a) If any person fails, neglects, or refuses to pay the use tax as required by this chapter,
or if any taxpayer fails to remit the proper amount of tax or underpays the tax, then
penalties and interest shall be imposed in accordance with this section.
(b) If a person neglects or refuses to pay any use tax as required by this Chapter within
ten (10) days after the same is due, the Director shall make an estimate, based upon
such information as may be available, of the amount of use tax due for the period for
which the taxpayer is delinquent and shall add thereto a penalty equal to the greater of
fifteen dollars ($15.00) or ten percent (10%) of the amount due and interest at the rate
of one-and-a-half percent (1.5%) per month from the time delinquent payment was
due.
(c) If any part of the deficiency is due to fraud with the intent to evade the tax, there shall
be added a penalty of one hundred percent (100%) of the total amount of the
deficiency, and in such case the whole amount of the tax unpaid, including the
additions, shall become due and payable ten (10) days after written notice and demand
7
by the Director, and an additional three percent (3%) per month on said amount shall
be added from the date payment was due, until paid.
(d) The Director may, for good cause shown, waive any penalty or interest.
3.09.080 – Remedies not exclusive.
In addition to enforcement remedies expressly provided in this chapter, the Town may pursue any
other remedies available at law or in equity.
3.09.090 – Lien.
The tax imposed by this Chapter, together with accrued interest and penalties, shall be a first and
prior lien on any real property into which the construction and building materials were
incorporated.
3.09.100 – Limitation of Action.
Use tax, interest, and penalties shall be assessed, and any action to collect the same shall be
commenced, within three (3) years of the issuance of a final certificate of occupancy for the
improvement on which the use tax was paid. This period of limitation shall not run for any period
of time covered by an audit if written notice of that audit is given to the taxpayer prior to expiration
of the limitation period.
3.09.110 – Refunds.
(a) Upon completion of construction, the taxpayer may apply to the Director for a refund
of overpaid taxes. Such application shall be supported by documentation required by
the Director or as needed to establish actual amounts paid for construction and
building materials used or consumed as part of a building project.
(b) A taxpayer claiming an exemption may pay the use tax under protest. Applications for
refund of such protested tax must be made within sixty (60) days of issuance of the
building permit for which the use tax was paid under protest.
(c) A taxpayer claiming refund for use tax paid by mistake or in error must make that
claim within three (3) years of the final inspection or issuance of a permanent
certificate of occupancy, whichever comes later, for the improvement on which the
use tax was paid.
(d) All claims for refund shall be upon forms prescribed by the Director and made in such
manner as required by the Director. The Director shall promptly review refund claims
and issue a denial in writing, state the reason therefor, or provide the funds requested,
after applying any refund amount against outstanding tax liabilities.
8
(e) If a taxpayer disputes a refund denial, the taxpayer shall provide the Director with a
written protest, filed within 30 days of the Director’s notice. The protest shall identify
specific grounds for dispute, including any necessary documentation, and shall request
a hearing before the Director. This protest process, and that of any related appeal, shall
be in accordance with Section 29-2-106.1, Colorado Revised Statutes.
(e) The right to refund shall not be assignable.
3.09.120 – Audit.
(a) The Town may audit, or the taxpayer request an audit, within three (3) years from the
issuance of any certificate of occupancy for the improvement on which the use tax
was paid. An audit requested by the taxpayer shall be at the taxpayer’s sole cost.
(b) If the recomputed use tax is less than the amount of use tax paid by the taxpayer, the
difference shall be refunded to the taxpayer within thirty (30) days of the final
determination of the Town. If the recomputed use tax is more than the amount of use
tax paid by the taxpayer, the difference, along with any interest and penalty imposed
by this chapter, shall be due and payable by the taxpayer immediately upon the final
determination of the Town with notice to the taxpayer.
3.09.130 – Book, Records, Reports, and Returns.
(a) Every person liable for any use tax imposed by this chapter shall keep and preserve,
for a period of three (3) years from the date of issuance of a final certificate of
occupancy for the improvement on which the use tax was paid, all books, records,
reports and returns necessary to determine the amount of tax liability. All such books,
records, reports, and returns shall be open for examination at any time by the Director.
(b) Any information gained by taxpayer disclosure or as part of an audit or investigation
shall be entitled to the same level of confidentiality afford to sales tax information, as
set out in Chapter 3.08 of the Avon Municipal Code.
(c) For the purpose of determining the amount of tax due from any taxpayer, the Director
may hold investigations and hearings concerning any matters covered by this Chapter,
and may examine any relevant books, papers, records, or memoranda of any such
person, requiring the attendance of such taxpayer, or any officer or employee of such
taxpayer, or of any person having relevant knowledge, and taking such testimony and
proof as may be necessary to properly ascertain any tax liability. The Director shall
have power to administer oaths to any person in the course of such investigations or
hearings. Production of documents and attendance of witnesses shall be requested by
the Director on his or her own motion or on motion of any party; any request for
production or attendance shall inform persons that compliance is voluntary but that, if
the request is not complied with, the Director may apply to the Municipal Judge for
issuance of a subpoena.
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(d) The Municipal Judge, upon application of the Director, may compel the attendance of
witnesses, the production of books, papers, records or memoranda, and the giving of
testimony before the Director or any of his or her duly authorized agents, by the
issuance and enforcement of subpoenas, in the same manner as production of evidence
may be compelled before the court.
3.09.140 – Violation and Penalty
(a) It is a violation of this Chapter for any person subject to the use tax levied by this
chapter to submit any false or fraudulent use tax information to the town, to make any
false statement on any document used to calculate taxes due under this chapter, to fail
or refuse to make payment of any taxes due, to evade the payment of any taxes due,
or to aid or abet another in any attempt to evade the payment of any taxes due under
this chapter.
(b) In addition to any other penalty provided in this Chapter, any person who violates any
provision of this Chapter shall be punished in accordance with Section 1.08 of the
Avon Municipal Code.
[970] 748-4055 swright@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Scott Wright, Assistant Town Manager; Paul Wisor,
Town Attorney; Eric Heil, Town Manager
RE: Use Tax on Construction Materials
DATE: July 7, 2021
SUMMARY: This report provides an overview of a potential Use Tax, including draft Ballot Language and
recommendations. Council approved the 2021 Department goals early in the year which included a Finance
Department Goal to present legal and financial analysis of Use Tax.
Finance Department, Goal #12 states, Present Legal and Financial Analysis of Use Tax:
Staff will prepare an overview of sales and use tax as commonly used throughout
Colorado, potential revenues, potential dedication of such revenues for designated
purposes such as capital improvements or community housing, and present that
information to the Finance Committee.
The 2018 Town of Avon Community Housing Plan established a goal to secure additional local funds for
housing and to seek opportunities for new funding sources. The Community Housing Plan states on P. 6
under Funding,
A two-step process is envisioned to secure additional local funds for housing. The
first step will be to review current revenue streams and determine if additional
funds can be directed to housing efforts through the annual budgeting process.
This review will begin at the end of 2018. Depending on the outcome of the first
step, the second step will be to seek opportunities for new funding sources, which
could include approaches such as increased linkage fees, regional collaboration,
and/or support for a local ballot initiative.
The purpose of this report is to introduce to Council a possible means for funding Community Housing
projects through the assessment of a use tax on construction materials. This is submitted as a written
report and no formal action by Council is requested at this time. If Council decides that this might be a
favorable way to raise funds for this purpose it must be approved by the Town’s electorate in a TABOR
election, since implementing a use tax is a change in tax policy and increases revenue.
Critical dates pursuant to TABOR include the following:
(1) August 10. Last regularly scheduled Town Council meeting to introduce first reading of an
ordinance to refer ballot question and self-execute implementation of use tax upon
approval.
(2) August 24 Last regularly scheduled Town Council meeting in which to adopt a resolution
certifying ballot content to the County Clerk and Recorder.
(3) September 3. Last day to certify the ballot content to the County Clerk and Recorder.
(4) November 2. Election day.
BACKGROUND: In 2002 a 4% construction use tax was submitted to the Town of Avon electors by the
Avon Town Council. The tax was to be "spent solely for transportation and recreation capital projects and
Page 2 of 4
services and infrastructure related thereto." The ballot question failed to pass by a vote of 379 in favor and
573 against (See Attachment A).
ANALYSIS: Use taxes are levied on the consumption of tangible personal property within a city or county
for which no sales or use tax has been previously paid. A use tax differs from a sales tax in that the
purchaser (as opposed to the retailer) is generally held responsible for paying the use tax. Use taxes are
considered complimentary to a sales tax and are applied in the jurisdiction where the product or materials
are used rather than where purchased. Use taxes are typically assessed at the same rate as the sales tax
that would have been owed and generally the taxability of the goods or services is the same.
The State of Colorado imposes both a sales tax and a use tax. The use tax is imposed as a complement to
Colorado sales tax, and is meant to capture revenue on transactions that are not subject to a sales tax as
well as transactions which are more efficient and effective to impose and collect the use tax rather than the
sales tax. The use tax is imposed for the privilege of storing, using, or consuming tangible personal
property in Colorado. In general, whenever a purchaser acquires tangible personal property without paying
sales tax at the time of the sale, they must pay consumer use tax directly to the Department of Revenue. If
an item is exempt from sales tax, it is generally exempt from use tax as well. The Colorado use tax rate is
2.9%, the same as the sales tax rate in Colorado, and use tax is calculated in the same manner as sales
tax.
There are generally three types of use taxes that may be imposed on purchasers:
(1) A Consumer Use Tax;
(2) A Motor Vehicle Use Tax;
(3) A Construction Use Tax levied on building materials.
Consumer Use Tax. The first type of use tax - a consumer use tax - is defined as a "companion" tax for
purchases made where sales tax is not charged. In Colorado, this companion tax is called a consumer use
tax. Typically, a consumer use tax is imposed on transactions that are subject to sales tax, but tax was not
charged. Usually, this occurs when items are purchased out-of-state, ordered through the mail, over the
Internet, or by phone from another state. It is imposed on the use, storage, or consumption of tangible
personal property in the state. The use tax often applies when a company makes a purchase from an out-
of-state seller that is not required to collect sales tax in the purchaser’s state.
Consumer use taxes are imposed by state and local governments for two reasons — to prevent someone
from evading a sales tax by buying goods or taxable services from a non-taxing state and shipping them
into the state that imposes the sales tax. In addition, the use tax protects retailers located in the state or
municipality because it removes the incentive for consumers to shop outside that locality in order to avoid
paying the sales tax.
On June 21, 2018, the United States Supreme Court ruled in a 5-4 decision in South Dakota v. Wayfair,
Inc., et al, that states can generally require an out-of-state seller to collect and remit sales tax on sales to
in-state consumers even if the seller has no physical presence in the consumer's state. Because of this
decision, we do not consider future lost sales taxes from out-of-state retail sales to be material enough to
consider a consumer use tax ballot question. We do not recommend Council consider a Consumer Use
Tax.
Motor Vehicle Use Tax. In general, motor vehicle sales are subject to all state and local sales taxes that
apply within the jurisdiction where the sale occurred. However, in most jurisdictions, sales are exempt from
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the local sales tax if the motor vehicle is registered outside of Town. If the vehicle sale is exempt as
described above, the purchaser must pay applicable use tax imposed by the municipality or county in which
the vehicle is registered. If there is no use tax imposed, then the only tax paid is at the State level. Any
applicable use taxes must be paid to the county clerk prior to titling and registration. From a practical
standpoint, jurisdictions that do not have a motor vehicle use tax are unlikely to have new and used
automobile dealerships because a resident purchasing a vehicle within that jurisdiction would have to pay
sales tax vs. purchasing the vehicle outside of the jurisdiction.
Use taxes on motor vehicles can raise a substantial amount of tax. A Motor Vehicle Use Tax would be a
new tax for Avon residents purchasing a vehicle. We do not recommend Council consider a Consumer
Use Tax.
Construction Materials Use Tax. The Town of Avon currently imposes a sales tax on building materials.
The administrative burden of collection is high and not entirely effective because Avon must collect the
sales tax from vendors of construction materials and not the contractors or property owners. Many of the
construction materials are purchased outside of the Town. In the case of materials purchased outside of
Town and brought into Town by the purchaser (owner, general contractor or sub-contractors), the Town
has lost out on the sales tax for those items because it is paid at the location of the retailer.
In the case of materials purchased outside of Town and then delivered by the retailer to the job site, sales
would not be collected by the retailer and the purchaser should remit the sales tax to the Town. However,
due to the “on-your-honor” methodology, the large number of contractors and companies involved, the
amount of records involved, and determining who is ultimately responsible for the tax (the owner, general
contractor or subs), this methodology is very inefficient.
A construction use tax is a form of use tax levied on building materials. The use tax is collected at the time
a building permit is issued. The use tax amount is determined by multiplying the use tax rate by the cost of
the building materials using a predetermined formula. A common method is to determine that the cost of
building materials to be fifty percent (50%) of the total valuation of the construction project. The builder
then provides the building permit to the materials supplier to prove that use tax has already been paid, and
then is exempt from paying a corresponding municipal sales tax in other locations.
A large number of cities and counties in Colorado levy a use tax on building materials including Eagle,
Gypsum, Vail, Steamboat Springs and Grand Junction. See the comparison tables in the presentation.
The benefits of a use tax on construction materials include the following:
(1) fairness in the imposition of the tax;
(2) elimination of unfair competition using tax rates as a reason to shop outside of Avon;
(3) easing of the administrative burden of collection;
(4) nexus of construction to community housing needs;
FINANCIAL CONSIDERATIONS: Based on the Town’s 10-year average of the total value of building
construction of $32,772,355, a 4% use tax on construction materials would have generated an average of
$655,447 per annum in revenue. It should be noted that because the Town (excluding The Village (at
Avon)) has only a few remaining vacant parcels for large potential developments remaining, the level of use
tax from the past ten years might not be an accurate representation of the potential use tax that might be
realized in the future. Redevelopment of East Avon Town Center and other underdeveloped properties in
the Town core may provide additional use tax revenues.
Page 4 of 4
The timing of the remittance of a use tax versus what was actually collected in sales tax on construction
materials makes it very difficult to compare fiscal years. However, an average of the past seven years
indicates that the Town has actually collected an average of $399,446 per year with 2020 collections at
$537,553 representing almost 6% of total sales tax collections.
Village At Avon (Traer Creek Metro District). The Consolidated Amended and Restated Annexation and
Development Agreement (“CARADA”) specifically contemplates that the Town may, at some point, impose
a use tax. In the event a use tax is imposed, a corresponding “use tax credit” will automatically be applied
to any transaction subject to the use tax. The CARADA also contemplates that Traer Creek may impose a
building materials fee if the Town imposes a use tax. The CARADA is silent as to whether the building
materials fee must be used for the same purposes as the use tax. The CARADA does provide the Town
must coordinate with Traer Creek regarding the implementation of any use tax, so the Town will need to
further explore the building materials fee with Traer Creek.
SAMPLE BALLOT LANGUAGE: Sample ballot language is included with this Report which would dedicate
100% of the revenues of a Use Tax to the Community Housing Fund. The use of these funds is broadly
written to encompass all potential investments and expenditures related to Community Housing.
OPTIONS: As an option to the sample ballot language contained in Attachment B, Council may consider
retaining a portion of the use tax in the General Fund to be used for any legal purpose as a way to offset
the amount of sales tax on construction materials that will no longer be collected in that manner. As
discussed above, that amount in 2020 equates to approximately 6% of gross sales tax revenues or a total
of $537,553.
Another option regarding the use tax on construction materials would include not specifically earmarking
the funds and leave the appropriation of the funds up to the discretion of the Town Council.
RECOMMENDATION: We recommend that Council provide direction regarding the possible adoption,
either by resolution or by ordinance, of a construction materials use tax ballot question to be certified to the
Eagle County Clerk and Recorder for inclusion in the November 2, 2021 general election. Direction should
include addressing the options above.
TOWN MANAGER’S RECOMMENDATION: I recommend that Council consider approving the ballot
question as presented with 100% of the revenues to be dedicated to Community Housing. In my
experience working with ballot questions for new taxes, voters will more likely support a new tax that is
dedicated to a pressing community need. Presenting the Use Tax as a new tax to support Community
Housing is simple and easy for the general public to understand and I expect would resonate with the
community based on the current housing shortage. The Sales Tax on construction materials collected in
2020 amounts to 2.9% of the General Fund operating revenues. Considering the magnitude and scope of
housing as well as the need to generate significant sums to leverage with regional partners and state and
federal grant funds, Council should be striving for annual revenues to be dedicated or allocated towards
Community Housing in the range of $1 million to $2 million.
Thank you, Scott, Paul and Eric
ATTACHMENTS:
Attachment A - Ordinance No. 2002-18
Attachment B - Sample Use Tax Ballot Question
TOWN OF AVON
ORDINANCE NO. 02-18
SERIES OF 2002
AN ORDINANCE ADDING A USE TAX ON
CONSTRUCTION MATERIALS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Chapter 3.08 of the Avon Municipal Code is amended as follows:
a) Title. The title of chapter 3.08 is amended to state "SALES AND USE TAX."
b) 43.08.020. Taxable items. A new subpart D. is added to state as follows:
D. Upon the purchase price paid for or the acquisition costs of
construction materials brought within the boundaries of the town for the
purpose of being used to build, construct, reconstruct, alter, expand, modify or
improve any building, dwelling or other structure or improvement to real
property in the town."
c) 43.08.030. Sales tax levy.
i) The title of §3.08.030 is changed to state "Sales and use tax levy."
ii) Section 3.08.030C is repealed and reenacted to state as follow:
The retailer shall add the sales tax imposed hereto to the sale or charge of the
item sold, showing such tax as a separate and distinct item, and, when added,
such tax shall constitute a part of such price or charge, shall be a debt from the
purchaser to the retailer until paid and shall be recoverable at law in the same
manner as other debts."
iii) A new subpart E. is added to state as follows:
E. (1) A use tax of four percent is imposed upon the purchase price paid for
or the acquisition costs of construction materials brought within the
boundaries of the town for the purpose of being used to build, construct,
reconstruct, alter, expand, modify or improve any building, dwelling or other
structure or improvement to real property in the town.
1
ATTACHMENT A
2)(a) Any person who shall build or improve any dwelling or other
structure or improvement to realty within the town, including underground
improvements, and who shall purchase the necessary construction materials
needed therefor from any source inside or outside of the town, shall remit to
the Finance Director prior to the issuance of any building permit for such
improvement full payment of the use tax, to be calculated as provided herein.
The full amount of the use tax shall be due and payable at the time that the
applicable building permit is issued. The estimate of the cost of the
construction materials shall be determined by the Town Building Official in
the manner set forth below, and the amount of the tax shall be subject to
adjustment if the actual cost of the construction materials needed for the
improvement is either less than or greater than the estimate. Upon payment of
the use tax, the Finance Director shall issue the taxpayer a receipt identifying
the property that is the subject of the tax and the building permit number.
b) For the purpose of calculating the amount of the use tax as
provided for herein, the value of the construction materials in the
improvement shall be estimated to be equal to fifty percent of the total value
of the improvement as determined by the Building Official for building permit
purposes. The use tax obligation shall be an amount equal to four percent of
such estimated value of the construction materials.
c) If it is determined by the Finance Director through audit or other
means that the actual cost of the construction materials for the improvement is
greater than the estimate on which the tax was based, and that additional tax is
owing, then the Finance Director shall make a demand to the taxpayer for the
additional use tax owed together with interest calculated pursuant to §
3.08.353; provided, in no case may the Finance Director make a claim for
amounts due more than three years after a certificate of occupancy or final
inspection approval has been issued by the town for the improvement. A
taxpayer's failure to honor the Finance Director's claim for additional tax due,
as set forth in this paragraph, shall constitute a violation of this chapter.
3) All use tax funds collected by the Town in accordance with the
provisions of this chapter shall be appropriated and spent solely for
transportation and recreation capital projects and services and infrastructure
related thereto."
d) & 3.08.320. Sales tax - Credit for sales or use taxes previously paid to
another municipality.
i) The title of § 3.08.320 is changed to state "Sales and use tax - Credit
for sales or use taxes previously paid to another municipality."
ii) Section 3.08.320 is repealed and reenacted to state as follow:
2
ATTACHMENT A
For transactions consummated on or after January 1, 1986, the town's sales tax shall
not apply to the sale of tangible property at retail or the furnishing of services if the
transaction was previously subjected to a sales or use tax lawfully imposed on the
purchaser or user by another statutory or home rule municipality equal to or in excess
of that provided for in Section 3.08.030. A credit shall be granted against the town's
lawfully imposed local sales or use tax previously paid by the purchaser or user to the
previous statutory or home rule municipality. The amount of the credit shall not
exceed the town's sales or use tax imposed pursuant to Section 3.08.030."
Section 2. Section 3.08.035 of the Avon Municipal Code is amended as follows:
3.08.035 Tax Credit. Notwithstanding any other provisions of this chapter, there
shall be granted to each person owing 1) the sales tax on sales consummated within
The Village (at Avon) or 2) the use tax on the purchase price paid or the acquisition
costs of construction materials brought within the boundaries of the Town for the
purpose of being used to build, construct, reconstruct, alter, expand, modify or
improve any building, dwelling or other structure or improvement to real property
within The Village (at Avon) a temporary tax credit against collection of the tax equal
to the amount of any retail sales or use fee paid by or on behalf of such person. The
amount of the credit shall not exceed the amount of the tax. No such credit shall shall
be granted subsequent to termination of the collection of the retail sales fees and use
fees terminate pursuant to the Annexation and Development Agreement for The
Village (at Avon). Neither the ability of the Town to grant the temporary tax credit
nor the termination of the credit shall constitute a tax increase, the imposition of a
new tax or a tax policy change."
Section 3. Election and Effective Date.
Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax
increase provided in this ordinance to the qualified electors of the Town for approval at the
regular Town election scheduled for November 5, 2002. If approved by a majority of the
electors voting thereon, this ordinance shall become effective when the Town Clerk or other
designated election official duly files the required certificate of election, or on January 1,
2003, whichever occurs last.
Section 4. Ballot Title and Question.
The ballot title and question submitted to the electors shall be
as follows:
ATTACHMENT A
SHALL TOWN OF AVON TAXES BE INCREASED $1.6
MILLION ($1,600,000) ANNUALLY IN 2003, AND BY
WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY THE IMPOSITION OF A
FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF
USING OR CONSUMING IN THE TOWN ANY
CONSTRUCTION MATERIALS, SUCH USE TAX
REVENUES TO BE APPROPRIATED AND SPENT
SOLELY FOR TRANSPORTATION AND RECREATION
CAPITAL PROJECTS AND SERVICES AND
INFRASTRUCTURE RELATED THEREO, ALL IN
ACCORDANCE WITH ORDINANCE NO. 02-18 ADOPTED
BY THE TOWN COUNCIL; AND SHALL THE REVENUES
COLLECTED FROM SUCH TAX AND ANY EARNINGS
FROM THE INVESTMENT OF SUCH REVENUES BE
COLLECTED AND SPENT AS A VOTER APPROVED
REVENUE CHANGE AND AN EXCEPTION TO THE
LIMITS WHICH WOULD OTHERWISE APPLY UNDER
ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW?
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this 9th day of July, 2002, and a public hearing on
this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado on the 27th day of August, 2002, at 5:30 p.m. in the Municipal Building of the
Town of Avon, Colorado.
TOWN OF AVON, COLORADO:
ATT
To Cl rk
yor
4
ATTACHMENT A
INTRODUCED, APPROVED ON SECOND READING, AND ORDERED
PUBLISHED AND POSTED this 27th day of August, 2002.
TOWN OF AVON, COLORADO:
Jyor
ATT
oc-
To Cl rk EARS
APPROVED AS TO FORM:
Town ttorney
ATTACHMENT A
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 27TH DAY OF AUGUST
2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-18, SERIES OF 2002:
AN ORDINANCE ADDING A USE TAX ON
CONSTRUCTION MATERIALS.
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 23rd day of August 2002.
TOWN OF AVON, COLORADO
BY: P ! "lc/
Patty Yel envy
Town Cie&
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
AUGUST 23, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
ATTACHMENT A
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 13TH DAY OF AUGUST
2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-18, SERIES OF 2002:
AN ORDINANCE ADDING A USE TAX ON
CONSTRUCTION MATERIALS.
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 6`" day of August, 2002.
TOWN OF AVON, COLORADO
BY: 201 /~c
Pa " cKenn
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
AUGUST 6, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
ATTACHMENT A
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23RD DAY OF JULY 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-18, SERIES OF 2002:
Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction
Materials
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 19th day of July, 2002.
TOWN OF AVON, COLORADO
BY: c
Pay c envy
Town erk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 19,2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
ATTACHMENT A
ORDINANCE NO. 02-18
gad
SERIES OF 2002
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Chapter 3.08 of the Avon Municipal Code is amended as follows:
a) Title. The title of chapter 3.08 is amended to state "SALES AND USE TAX."
b) 43.08.020. Taxable items. A new subpart D. is added to state as follows:
D. Upon the purchase price paid for or the acquisition costs of
construction materials brought within the boundaries of the town for the
purpose of being used to build, construct, reconstruct, alter, expand, modify or
improve any building, dwelling or other structure or improvement to real
property in the town."
c) 43.08.030. Sales tax levy.
i) The title of §3.08.030 is changed to state "Sales and use tax levy."
ii) Section 3.08.030C is repealed and reenacted to state as follow:
The retailer shall add the sales tax imposed hereto to the sale or charge of the
item sold, showing such tax as a separate and distinct item, and, when added,
such tax shall constitute a part of such price or charge, shall be a debt from the
purchaser to the retailer until paid, and shall be recoverable at law in the same
manner as other debts."
iii) A new subpart E. is added to state as follows:
E. (1) A tax of four percent is imposed upon the purchase price paid for or
the acquisition costs of construction materials brought within the boundaries
of the town for the purpose of being used to build, construct, reconstruct, alter,
expand, modify or improve any building, dwelling or other structure or
improvement to real property in the town.
AN ORDINANCE ADDING A USE TAX ON
CONSTRUCTION MATERIALS.
2) Any person who shall build or improve any dwelling or other structure
or improvement to realty within the town, including underground
ATTACHMENT A
improvements, and who shall purchase the necessary construction materials
needed therefore from any source inside or outside of the town, shall keep all
invoices and statements regarding such materials from both the general and
subcontractors, along with a summary sheet showing such purchases, and
shall, on or before the tenth day of each succeeding month following the start.
of construction, file a return with the Finance Director, to which he shall
attach such invoices, statements and. summary for the construction materials
purchased the previous month, and . shall thereupon pay to the Finance
Director the full amount of the use tax due thereon for the preceding month or
months. Any failure to preserve such statements and invoices, and to make
such return and payment of such use tax, shall be deemed a violation of this
chapter. The full amount of any use tax due and not paid for construction
materials shall be a lien upon the real property benefited by such
improvements, and the Finance Director is authorized to file a notice of such
lien with the County Clerk and Recorder.
3)(a) Any person who shall build or improve any dwelling or other
structure or improvement to realty within the town, including underground
improvements, and who shall purchase the necessary construction materials
needed therefore from any source inside or outside of the town, may, at such
person's option, remit a deposit to the Finance Director prior to the issuance
of any building permit for such improvement, such deposit to insure and
indemnify the town for the amount of use tax due. The amount of the deposit
shall be based upon an estimate of the use tax to be payable on the
construction materials used for the improvement. Such estimate shall be
made, and such deposit shall be paid, at the time that the applicable building
permit is issued. The estimate of the cost of the construction materials shall
be determined by the Town Building Official, and the estimate shall be
subject to adjustment if the actual cost of the construction materials needed for
the improvement is either. less than or greater than such estimate. If the
taxpayer elects the deposit procedure set forth in this subsection (3), then the
provisions of subsection (2) hereof shall be waived. Upon payment of the
deposit as set forth herein, the Finance Director shall issue the taxpayer a
receipt identifying the property that is the subject of the deposit and the
building permit number.
b) For the purpose of calculating the amount of the deposit as
provided for herein, the value of the construction materials in the
improvement shall be estimated to be equal to fifty percent of the total value
of the improvement as determined by the Building Official for building permit
purposes. The deposit shall be in the amount of four percent of such estimated
value of the construction materials.
c) If it is determined by the Finance Director that the actual cost of
the construction materials for the improvement is.greater than the estimate
therefore, and that the amount of the use tax deposit is not sufficient to
2
ATTACHMENT A
provide for full payment of the use tax, then the Finance Director shall make a
demand to the. taxpayer for the additional use tax owed; provided, in no case
may the Finance Director make a claim for amounts due over and above the
amount of the deposit more than three years after a certificate of occupancy or
final inspection approval has been issued by the town for the improvement. A
taxpayer's failure to honor the Finance Director's claim for additional tax due,
as set forth in this paragraph, shall constitute a violation of this chapter.
d) If it is determined by the Finance Director that the deposit is
sufficient to provide for full payment of the use tax, then the deposit shall be
used to pay the amount of the use tax due. If the Finance Director determines
that the amount of the deposit is in excess of the use tax owned, then he shall
return any excess amount of the deposit to the person who made the deposit
within thirty days of such determination.
4) If a taxpayer purchases construction materials subject to the use tax
imposed herein from a vendor possessing a valid Town of Avon retail sales
tax license, and if he pays the town's sales tax at the time of purchase of such
construction materials, then he shall be entitled to a credit, to the extent of
such sales tax paid, to be applied to the amount of use tax owed.
5) Construction materials subjected at the time of purchase to a sales or use
tax lawfully imposed on the purchaser by another statutory or home rule
municipality in the State of Colorado, if taxed at a rate equal to or greater than
the four percent rate provided for herein, are exempted from the Town of
Avon's use tax. If the rate of the sales or use tax imposed by such other
Colorado statutory or home rule municipality is less than four percent, the
difference between the tax due under this chapter and the tan paid by the
purchaser shall be due to the Town of Avon, and shall be remitted to the
Finance Director.
6) All use tax funds collected by the Town in accordance with the
provisions of this chapter shall be appropriated and spent solely for
transportation and recreation capital projects and services."
d) 4 3.08.320. Sales tax - Credit for sales or use taxes previously paid to
another municipality.
i) The title of § 3.08.320 is changed to state "Sales and use tax - Credit
for sales or use taxes previously paid to another municipality."
ii) Section 3.08.320 is repealed and reenacted to state as follow:
For transactions consummated on or after January 1, 1986, the town's sales tax shall
not apply to the sale of tangible property at retail or the furnishing of services if the
transaction was previously subjected to a sales or use tax lawfully imposed on the
3
ATTACHMENT A
purchaser or user by another statutory or home rule municipality equal to or in excess
of that provided for in Section 3.08.030. A credit shall be granted against the town's
lawfully imposed local sales or use tax previously paid by the purchaser or user to the
previous statutory or home rule municipality. The amount of the credit shall not
exceed the town's sales or use tax imposed pursuant to Section 3.08.030."
Section 2. Election and Effective Date.
Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax
increase provided in this ordinance to the qualified electors of the Town for approval at the
regular Town election scheduled for November 5, 2002. If approved by a majority of the
electors voting thereon, this ordinance shall become effective when the Town Clerk or other
designated election official duly files the required certificate of election, or on January 1,
2003, whichever occurs last.
Section 3. Ballot Title and Question.
The ballot title and question submitted to the electors shall be
as follows:
SHALL TOWN OF AVON TAXES BE INCREASED $1.6
MILLION ($1,600,000) ANNUALLY IN 2003, AND. BY
WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY THE IMPOSITION OF A
FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF
USING OR CONSUMING IN THE TOWN ANY
CONSTRUCTION MATERIALS, SUCH USE TAX
REVENUES TO BE APPROPRIATED AND SPENT
SOLELY FOR TRANSPORTATION AND RECREATION
CAPITAL PROJECTS AND SERVICES, ALL IN
ACCORDANCE WITH ORDINANCE NO. 01-08 ADOPTED
BY THE TOWN COUNCIL; AND SHALL THE REVENUES
COLLECTED FROM SUCH TAX AND ANY EARNINGS
FROM THE INVESTMENT OF SUCH REVENUES BE
COLLECTED AND SPENT AS A VOTER APPROVED
REVENUE CHANGE AND AN EXCEPTION TO THE
LIMITS WHICH WOULD OTHERWISE APPLY UNDER
ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW?
YES
4
ATTACHMENT A
NO
Section 4. Repealer.
If the electors approve this ordinance, then on the effective date specified above, all
ordinances or parts of ordinances in conflict herewith are hereby repealed, but only to the extent
of such inconsistency.
Section 5. Severability.
The provisions of this ordinance. are severable, and invalidity of any part shall not affect the
validity or effectiveness of the rest of this ordinance.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this day of July, 2002, and a public hearing on
this ordinance shallCaie held at t e regular meeting of the Town Council of the Town of Avon,
Colorado on the a3 day of , 2002, at 5:30 p.m. in the Municipal Building of the
Town of Avon, Colorado,,,-
ATT
7,Cp`p
Town lerk
TOWN OF AVON, COLORADO:
Wor
5
ATTACHMENT A
INTRODUCED, APPROVED ON S COND READING, AND ORDERED
PUBLISHED AND POSTED this-'1 %ay of )t,,L-t , 2002.
Q-T~WN OF AVON, COLORADO:
Wor
ATT T:
o C~
To Cle
APPROVED AS TO FORM:
Town Attorney
6
ATTACHMENT A
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23R) DAY OF JULY 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-18, SERIES OF 2002:
Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction
Materials
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 19th day o
0 F
TOWN OF AVON, COLORADO
SEA L LBY:
Pa Mc envy
LOOA®® To k
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 19, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
ATTACHMENT A
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Scott Wright, Finance Director
Date: August 9, 2002
Re: Use Tax Ordinance
Summary:
On July 9, Council passed on 1st reading a use tax ordinance that levied a 4% use tax on the use,
storage, or consumption of building materials within the Town of Avon. Subsequent to the 1st reading,
there have been several reviews of the various administrative and collection provisions of the ordinance
that were prompted by the Town's Annexation and Development Agreement with the Village at (Avon)
entities. As a result of these reviews, there are changes to the ordinance for 2nd reading as
summarized below:
Section 3.08.030 E. (2) of the original ordinance regarding collection of the use tax has been
changed to reflect that only projects required to have a building permit would be required to
pay a use tax. This change eliminates the reporting and tax burden on individuals with small
home improvement projects that don't require permits and eliminates any consumer use tax
issues from the ordinance.
Sections 3.08.030 E. (2)(a), (b), and (c) of the original ordinance regarding payment of the tax
at the time a building permit is issued have been changed to reflect that the full payment of the
tax is made, rather than a deposit. This change was necessary to remain consistent with the
concept that the use tax is levied at the time a building permit is issued.
Sections 3.08.030 E. (4) and (5) have been eliminated as duplicative with existing sections of
the existing sales tax code and unnecessary due to the changes above.
Section 3.08.030 E. (3) has been changed to add language allowing the use tax funds to be
used for infrastructure related to transportation and recreation.
Section 3.08.035 has been added to grant a credit against the use tax fee collected by the
Village at (Avon) for permitted projects occurring within the Village.
Page 1
ATTACHMENT A
Town Manager Comments:
Attachments:
Ordinance No. 02-18 - Black Line Version
0 Page 2
ATTACHMENT A
ORDINANCE NO. 02-18
SERIES OF 2002
AN ORDINANCE ADDING A USE TAX ON
CONSTRUCTION MATERIALS.
NOW, THH FORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Chapter 3.08 of the Avon Municipal Code is amended as follows:
a) Title. The title of chapter 3.08 is amended to state "SALES AND USE TAX."
b) 43.08.020. Taxable items. A new subpart D. is added to state as follows:
D. Upon the purchase price paid for or the acquisition costs of
construction materials brought within the boundaries of the town for the
purpose of being used to build, construct, reconstruct, alter, expand, modify or
improve any building, dwelling or other structure or improvement to real
property in the town."
c) 43.08.030. Sales tax lees.
i) The title of §3.08.030 is changed to state "Sales and use tax levy."
ii) Section 3.08.030C is repealed and reenacted to state as follow:
The retailer shall add the sales tax imposed hereto to the sale or charge of the
item sold, showing such tax as a separate and distinct item, and, when added,
such tax shall constitute a part of such price or charge, shall be a debt from the
purchaser to the retailer until paid and shall be recoverable at law in the same
manner as other debts."
iii) A new subpart E. is added to state as follows:
E. (1) A use tax of four percent is imposed upon the purchase price paid for
or the acquisition costs of construction materials brought within the
boundaries of the town for the purpose of being used to build, construct,
reconstruct, alter, expand, modify or improve any building, dwelling or other
structure or improvement to real property in the town.
ATTACHMENT A
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7
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2)(a) Any person who shall build or improve any dwelling or other
structure or improvement to realty within the town, including underground
improvements, and who shall purchase the necessary construction materials
needed therefore from any source inside or outside of the town, may, a4 sueh
p , shall remit a depesit to the Finance Director prior to the
issuance of any building permit for such improvement full payment of the use
tax, to be calculated as provided herein ,
the tew f - the ° nt of use tax a--° The full amount of the depesit use tax
shall be due and navable base' ueea an estimate of the use tam to be ~
paid, be made, and sueh depesit shall be at the time that the applicable
building permit is issued. The estimate of the cost of the construction
materials shall be determined by the Town Building Official in the manner set
forth below, and the °e amount of the tax shall be subject to adjustment
if the actual cost of the construction materials needed for the improvement is
either less than or greater than seeh the estimate. if the taxpa~,er- eleets
depesit pr-eeedufe set feAh in this s-74-4b- Se e t i An (3), then the pmvisiefls 0
subseetien (2) her-eef shall be waived-. Upon payment of the use tax depesit-as
t f fth h, the Finance Director shall issue the taxpayer a receipt
identifying the property that is the subject of the depesit tax and the building
permit number.
b) For the purpose of calculating the amount of the depesit use tax as
provided for herein, the value of the construction materials in the
improvement shall be estimated to be equal to fifty percent of the total value
of the improvement as determined by the Building Official for building permit
purposes. The depesit use tax obligation shall berme an amount of equal to
four percent of such estimated value of the construction materials.
2
ATTACHMENT A
t
c) If it is determined by the Finance Director through audit or other
means that the actual cost of the construction materials for the improvement is
greater than the estimate on which the tax was based tie, and that
additional tax is owing then nt of the use tax depe,it ; net suf- ei°nt t„
P=ovide f r- full payment of the • ° to*, then the Finance Director shall make a
demand to the taxpayer for the additional use tax owed together with interest
calculated pursuant to & 3.08.353; provided, in no case may the Finance
Director make a claim for amounts due over and above the amount of the
deposit more than three years after a certificate of occupancy or final
inspection approval has been issued by the town for the improvement. A
taxpayer's failure to honor the Finance Director's claim for additional tax due,
as set forth in this paragraph, shall constitute a violation of this chapter.
d) if it is determined b the Fi Di t A .th t th dyeereeer
ns.Ffinient to i tde file ot~'full ao th
a epoe
1.1°nit ..1. 11thri:r-ciiczacy use en
used -te the-amount ef the-use-ta if th Fide
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ti f h chtthfxense~r pays oi~ne s aax e-me-pttm ase o su
eenstmetien materSAn[GI ls, then j.,he shall be entitled te-a er-edit, to-LYYl7 extente
su.eh nnl°n tn„ p i.af t o ben pl ied to theamount o f use tnv e e
straetien m5) G-bjet alateri t th ti f t
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3) All use tax funds collected by the Town in accordance with the
provisions of this chapter shall be appropriated and spent solely for
transportation and recreation capital projects and services and infrastructure
related thereto."
d) § 3.08.320. Sales tax - Credit for sales or use taxes previously paid to
another municipality.
i) The title of § 3.08.320 is changed to state "Sales and use tax - Credit
for sales or use taxes previously paid to another municipality."
3
ATTACHMENT A
ii) Section 3.08.320 is repealed and reenacted to state as follow:
For transactions consummated on or after January 1, 1986, the town's sales tax shall
not apply to the sale of tangible property at retail or the furnishing of services if the
transaction was previously subjected to a sales or use tax lawfully imposed on the
purchaser or user by another statutory or home rule municipality equal to or in excess
of that provided for in Section 3.08.030. A credit shall be granted against the town's
lawfully imposed local sales or use tax previously paid by the purchaser or user to the
previous statutory or home rule municipality. The amount of the credit shall not
exceed the town's sales or use tax imposed pursuant to Section 3.08.030."
Section 2. Section 3.08.035 of the Avon Municipal Code is amended as follows:
3.08.035 Tax Credit. Notwithstanding any other provisions of this chapter, there
shall be granted to each person owing 1) the sales tax on sales consummated within
The Village (at Avon) or 2) the use tax on the purchase price paid or the acquisition
costs of construction materials brought within the boundaries of the Town for the
purpose of being used to build, construct, reconstruct, alter, expand, modify or
improve any building, dwelling or other structure or improvement to real property
within The Village (at Avon) a temporary tax credit against collection of the tax equal
to the amount of any retail sales or use fee paid by or on behalf of such person. The
amount of the credit shall not exceed the amount of the tax. No such credit shall shall
be granted subsequent to termination of the collection of the retail sales fees and use
fees terminate pursuant to the Annexation and Development Agreement for. The
Village (at Avon). Neither the ability of the Town to grant the temporary tax credit
nor the termination of the credit shall constitute a tax increase, the imposition of a
new tax or a tax policy change_" .
4
ATTACHMENT A
Section 2 3. Election and Effective Date.
Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax
increase provided in this ordinance to the qualified electors of the Town for approval at the
regular Town election scheduled for November 5, 2002. If approved by a majority of the
electors voting thereon, this ordinance shall become effective when the Town Clerk or other
designated election official duly files the required certificate of election, or on January 1,
2003, whichever occurs last.
Section -3 4. Ballot Title and Question.
The ballot title and question submitted to the electors shall be
as follows:
SHALL TOWN OF AVON TAXES BE INCREASED $1.6
MILLION ($1,600,000) ANNUALLY IN 2003, AND BY
WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY THE IMPOSITION OF A
FOUR PERCENT (4%) USE. TAX ON THE PRIVILEGE OF
USING OR CONSUMING IN THE TOWN ANY
CONSTRUCTION MATERIALS, SUCH USE TAX
REVENUES TO BE APPROPRIATED AND SPENT
SOLELY FOR TRANSPORTATION AND RECREATION
CAPITAL PROJECTS AND SERVICES AND
INFRASTRUCTURE RELATED THEREO, ALL IN
ACCORDANCE WITH ORDINANCE NO. 01 08 02-18
ADOPTED BY THE TOWN COUNCIL; AND SHALL THE
REVENUES COLLECTED FROM SUCH TAX AND ANY
EARNINGS FROM THE INVESTMENT OF SUCH
REVENUES BE COLLECTED AND SPENT AS A VOTER
APPROVED REVENUE CHANGE AND AN EXCEPTION
TO THE LIMITS WHICH WOULD OTHERWISE .APPLY
UNDER ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW?
5
ATTACHMENT A
if the-eleeter-s fie-this -ewee, then en the-effies4ive date spesified abeve, all
er,dinamees or- aAs of ` r-di anew in ` enfl et herewith are hereby eale a but enAy to the °40..4
The provisions of tMs " -difial}se-ar~aei bleu and invalidity of an pap shall not a ff `.t thee
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this 9th day of July, 2002, and a public hearing on
this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado on the 23rd day of July, 2002, at 5:30 p.m. in the Municipal Building of the Town
of Avon, Colorado.
TOWN OF AVON, COLORADO:
Mayor
ATTEST:
Town Clerk
6
ATTACHMENT A
INTRODUCED, APPROVED ON SECOND READING, AND ORDERED
PUBLISHED AND POSTED this _ day of , 2002.
TOWN OF AVON, COLORADO:
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
7
ATTACHMENT A
SAMPLE USE TAX BALLOT QUESTION
SHALL TOWN OF AVON TAXES BE INCREASED $____ MILLION ($____________)
ANNUALLY IN 2022, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX
ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION
MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT SOLELY
FOR THE PURPOSE OF FUNDING COMMUNITY HOUSING, INCLUDING THE
ACQUISITION OF LAND FOR HOUSING, CONSTRUCTION OF HOUSING, EXTENSION
OF PUBLIC INFRASTRUCTURE TO SERVE HOUSING DEVELOPMENT, PURCHASE OF
DEED RESTRICTIONS, DOWNPAYMENT ASSISTANCE PROGRAMS, AND
PARTNERSHIP WITH PUBLIC AND PRIVATE ENTITIES TO DEVELOP COMMUNITY
HOUSING, IN ACCORDANCE WITH SUCH TERMS, CONDITIONS AND POLICIES AS
MAY BE ADOPTED BY THE AVON TOWN COUNCIL, ALL IN ACCORDANCE WITH
ORDINANCE NO. 21-____ ADOPTED BY THE TOWN COUNCIL; AND SHALL THE
REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE
INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER
APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD
OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW.
ATTACHMENT B
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager and
Patty McKenny, Deputy Town Manager
RE: Formation of Downtown Development Authority Update
DATE: April 6, 2023
SUMMARY: This report provides an overview of the process for the formation of a Downtown
Development Authority (“DDA”) that will occur over the next four months; see Attachment A, dated
October 19, 2022, for the initial DDA process report. The Town Council provided direction last fall to include
the formation of a Downtown Development Authority as a goal for 2023. This report shall serve as an
update and is informational only. No formal action is currently required. Updates will continue to be
presented over the next few months.
PURPOSE AND GOALS: Downtown Development Authorities intend to alleviate or prevent blight
conditions and promote the sound economic growth of a community’s central downtown commercial core.
Avon’s workforce’s current extreme housing shortages have directly impacted Avon’s business community
and arrested Avon’s businesses’ stability and sound growth. The impacts are widespread to the extent of
impacting public services as well. To support and stabilize and promote the solid economic growth of the
Avon community, investment in workforce housing and public infrastructure to support a growing
community is necessary.
The primary purpose of creating a Downtown Development Authority is to provide a new dedicated funding
source for Community Housing and additional public infrastructure to support Avon’s growing community
over the next several decades. The development of other Community Housing will stabilize the local
workforce and the ability of local businesses to fill employment positions. Community Housing development
requires basic public infrastructure improvements, such as streets, utilities, and drainage. East Beaver
Creek Boulevard in the Village (at Avon) is past its useful life, and the development of Planning Areas A, B,
C, D, and J will require additional investment in streets and infrastructure. Redeveloping the Sun Road area
and East Avon will require investment in re-aligning streets and utilities.
Investment in Community Housing and public infrastructure, facilities, and amenities intends to stabilize the
local economy while establishing a sustainable community regarding climate action and greenhouse gas
reduction. Specifically, locating workforce housing close to job centers will reduce commuting miles,
reinforce the use of mass transit provided by the Eagle Valley Transportation Authority and support new
energy efficient and net zero housing construction. All these considerations and goals fit together in a
manner necessary to achieve a genuinely sustainable downtown community for the next generation.
For these reasons, at least 50% of the tax increment financing revenue source of the Downtown
Development Authority shall be dedicated to Community Housing, and the remaining revenues are
devoted to public infrastructure, facilities, and amenities in the downtown area as determined by the
Downtown Development Authority Board and Council.
DOWNTOWN DEVELOPMENT AUTHORITY: A Downtown Development Authority is a statutory local
government authority formed to prevent the deterioration of property values and structures, prevent blight
conditions, and assist development and redevelopment in the DDA area to promote the continued health of
that area. The DDA statutes provide substantial deference to local determinations and interpretations,
stating in part in the Legislative Declaration,
Page 2 of 3
31-25-801(2) The general assembly determines, finds, and declares that because of several
atypical factors and special conditions concerning downtown development unique to each locality,
the rule of strict construction shall have no application to this part 8. However, it shall be liberally
construed to effect the purposes and objects for which it is intended.
A Downtown Development Authority can be organized when the municipal governing body (i.e., Avon Town
Council) takes action to adopt an ordinance that refers the question of organization to an election, and a
majority of the voting “Qualified electors” vote to approve the DDA. “Qualified electors” means a resident,
landowner, or lessee with the proposed DDA boundary area, see Attachment B.
FINANCIAL CONSIDERATIONS: A Downtown Development Authority (“DDA”) is similar to an Urban
Renewal Authority, with the primary benefit of authorizing tax increment financing within the DDA area. Tax
increment financing is the ability to retain the increased property taxes generated from new development,
which would otherwise go to the Town of Avon, Eagle County, Eagle County School District, and other
taxing jurisdictions in the Town of Avon. DDAs are allowed to impose tax increment financing for 30 years
with the ability to extend for two additional 10-year periods. Forming a DDA and imposition of tax increment
financing does not require consent or approval of other taxing entities like an Urban Renewal Authority
(changes in Urban Renewal Authority law in 2015 require other taxing entities to agree to revenue sharing
or submit to mediation). In very rough terms, a commercial hotel property may generate as much as
$1,000,000 per year, and a 150-unit residential apartment/condominium may generate $400,000 per year
in tax increment financing revenues. See Attachment A (page 4) for the memo from Town Attorney with
more information about Sources and Uses for DDA.
PROPOSED BOUNDARY: The DDA statutes, as defined by C.R.S. §31-25-801, et seq., authorize
designating a portion of the “Central Business District” as the “downtown development area”. The area
within the proposed boundaries of the Avon Downtown Development Authority is depicted in Attachment C
showing a number of different perspectives of the DDA boundary. The area would traditionally be known
as the location of the principal business, commercial, financial, service, and government center of the
Town, and has been zoned and used accordingly. Such area is established as being within the “central
business district” and “downtown” area of the Town and would be included as part of the ordinance forming
the DDA.
FORMATION PROCESS: The process for the formation of the DDA is shown below by the identification of
certain components towards implementation and associated timelines. There will be updates presented at
upcoming council meetings as well.
Deliverables Timeline Status
Develop Eligible Voter / Stakeholder List
(see Attachment B for Eligibility Requirements)
April – June Working with Eagle County
Assessor’s Office, Eagle County
Clerk & Recorder’s Office, and
Finance team to obtain lists of
property owners, registered voters,
and business owners that will make
up the Voter List.
Deliverables Timeline Status
Research & Reports to Complete:
Propose boundary of DDA
Blight Study Report
Financial Analysis
DDA Plan (draft)
April – June Town of Avon “DDA team” (Town
Manager’s Office, ComDev Dept.,
Legal, and Commfluent Inc.)
preparing the reports identified as
support documents in the formation
of the DDA (via ordinance) and
adoption of the DDA plan.
Community (Stakeholder) Outreach
Draft Fact Sheet for Mailer & Website Use
Contact Taxing Entities
Finance Committee Meeting May 3
Other outreach meetings as needed
April – June Town of Avon DDA team (Town
Manager’s Office, ComDev Dept.,
Legal, and Commfluent Inc.)
preparing several outreach platforms
to be implemented May & June.
Planning & Zoning Review
May 2 | Work Session
May 16 | Public Hearing
June 6 | Public Hearing | Plan Adoption
May – June The DDA team will prepare materials
and present them to the P&Z for
consideration and review. P&Z will
consider and take action on the DDA
Plan before Town Council
consideration.
Town Council Review & Action
April 25 | Work Session
May 9 | Work Session
June 13 | 1st Reading Ordinance
June 27 | 2nd Reading & Public Hearing
Ordinance
April - June The DDA team will prepare materials
and present them to the Town
Council and community for
consideration and review. The Town
Council will consider adoption.
Special Election
Proposed Date: August 29, 2023
May –
September
Special Election date would be set at
the same time the ballot question is
considered (via ordinance). Town
Clerk’s Office is preparing special
election calendar and associated
election materials and deliverables.
POTENTIAL PROJECTS: The proposed primary purpose of the DDA plan is to support the development of
Community Housing in the DDA Plan area. DDA revenue streams may also be used for public
infrastructure, facilities and amenities within the boundary. A list of potential projects will be included in a
draft Downtown Development Authority plan; however, community housing and public parking structures
will likely be the most expensive investments at the top of the list.
Thank you, Eric
ATTACHMENT A: Report on DDA Formation dated October 19, 2022.
ATTACHMENT B: Memo about Qualified Electors for DDA dated April 20, 2023 (from Town Attorney).
ATTACHMENT C: Proposed “Avon Downtown Development Authority Map” – several versions showing different perspectives of the area.
ATTACHMENT D: Slide Presentation
Page 3 of 3
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager
RE: Downtown Development Authority Process
DATE: October 19, 2022
SUMMARY: This report provides an overview of the steps and timeframe to form and implement a
Downtown Development Authority (“DDA”). If Council supports the formation of a DDA then Staff will
proceed with the steps for implementation as outlined in this report. Additional details, background
information, stakeholder input and policy direction would occur as an integral part of the process to form a
DDA.
PURPOSE: The purpose of a DDA is similar but slightly different than Urban Renewal Authorities. The
DDA status state the purpose as:
(1)The general assembly declares that the organization of downtown
development authorities having the purposes and powers provided in this part 8
will serve a public use; will promote the health, safety, prosperity, security, and
general welfare of the inhabitants thereof and of the people of this state; will halt
or prevent deterioration of property values or structures within central business
districts, will halt or prevent the growth of blighted areas within such districts,
and will assist municipalities in the development and redevelopment of such
districts and in the overall planning to restore or provide for the continuance of
the health thereof; and will be of especial benefit to the property within the
boundaries of any authority created pursuant to the provisions of this part 8.
(2)The general assembly determines, finds, and declares that because of a number
of atypical factors and special conditions concerning downtown development
unique to each locality, the rule of strict construction shall have no application to
this part 8, but it shall be liberally construed to effect the purposes and objects for
which it is intended.1
DDA PLAN: The proposed primary purpose of the DDA plan is to develop Community Housing in the DDA
Plan area. Related to development of Community Housing is the cost of land acquisition; installation,
extension or realignment of roads and utilities; and construction of services and amenities to support an
increased population, such as early childhood education, parks and recreation. The “Downtown” is a
specifically defined area of the municipality in the “Central Business District”. The Central Business District
is defined as
“Central business district” means the area in a municipality which is and
traditionally has been the location of the principal business, commercial,
financial, service, and governmental center, zoned and used accordingly.2
Council has significant legislative discretion in determining the “Central Business District” and portion that is
suitable for the DDA Plan area. The DDA Plan area is expected to be refined based on stakeholder input
and review of specific DDA Plan goals and strategies.
1 CRS §31-25-801
2 CRS §31-25-802(3)
ATTACHMENT A
Page 2 of 3
DDA FUNDING: The DDA has the ability to capture the tax increment of increased property taxes for all
taxing jurisdictions. DDAs also have the ability impose an additional property tax or sales tax, subject to
approval by the Qualified Electors in accordance with a TABOR election. The DDA is proposed for the tax
increment funding and increases to the property tax mill levy or sales tax rate is not suggested. Budgeting
and forecasting of revenues is speculative because it depends upon the actual construction of new
development that increases the assessed valuation of the entire DDA area over the initial baseline
assessment. Roughly, a 140 room residential apartment could generate $400,000 per year and a 140+
room hotel (or similarly sized commercial building) could generate as much as $1 million in TIF revenue per
year. The DDA would likely exempt the current 15 mill levy for Village Metropolitan District in the Village (at
Avon) because that is imposed and pledged to repay bonds of Traer Creek Metropolitan District. There are
other terms in the Village (at Avon) development agreement which may present opportunities to reduce
Avon’s tax credit obligation to repay debts of Traer Creek Metropolitan District.
QUALIFIED ELECTORS: A DDA must be approved by a positive vote of “qualified electors” within the
defined DDA area.
“Qualified elector” means a resident, a landowner, or a lessee as said terms are
defined in this section. Any landowner or lessee which is not a natural person may
vote only if it designates by some official action a representative thereof to cast its
ballot. This subsection (9) shall not be construed so as to permit any qualified
elector to cast more than one vote, even though any person qualified or lawfully
designated may be entitled to cast the vote of more than one qualified elector.
“Resident” means one who is a citizen of the United States and a resident of the
state of Colorado, eighteen years of age or older, who makes his primary dwelling
place within the district.
Once the DDA entity is formed by a vote of qualified electors, the Avon Town Council refers the draft DDA
Plan to the Avon Planning and Zoning Commission who conducts a public hearing and provides a
recommendation. Then the Avon Town Council conducts a public hearing and may adopt a DDA Plan by
resolution. A draft DDA Plan is proposed to be prepared by December so there is a working document for
stakeholder outreach and input.
FORMATION PROCESS:
1.Initial data collection, including collection of sample DDA plans and ordinances from other communities
[October through December]
2.Draft of DDA plan, prepare draft ordinance and related documents [November and December]
3.Review DDA with Avon Finance Committee on November 9, 2022
4.Stakeholder outreach: Community meetings targeted to residents, property owners and business
lessees in the proposed DDA area would be conducted. [January]
5.Revise DDA Plan, Conduct Council Public Hearing, consider ordinance to refer formation of DDA to
special election of eligible electors: [February and March]
6.Schedule special election for formation [June 6, 2022]
Page 3 of 3
7.The DDA Board appoints the following positions, subject to approval of Avon Council, Director,
Treasurer and a Secretary. [June or July] NOTE: these positions would be typically filled by the Town
Manager, Finance Director and Town Clerk in a manner similar to the Avon Urban Renewal Authority.
8.DDA Board adopts budget, which is subject to approval by Avon Council. [June or July]
9.DDA Board begins to support and identify projects that implement the DDA plan [June or July]. Any
development projects, property acquisition or disposal, or expenditures would be subject to review and
approval of the Avon Council.
The Avon Town Council establishes the power of the DDA by ordinance and may dissolve the DDA by
ordinance.3 Typically, the establishing ordinance would authorize all powers under the DDA statutes and
all powers under home rule authority.
RECOMMENDATION: I recommend Council give direction to proceed with the formation process as
outlined in this report.
Thank you, Eric
ATTACHMENT A: Karl Hanlon DDA Memorandum
3 CRS §31-25-803
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: September 27, 2022
TO: Eric Heil, Avon Town Manager
FROM: Karp Neu Hanlon, P.C.
RE: Downtown Development Authority Sources and Uses
A Downtown Development Authority (“DDA”) is a creature of state statute, with the purposes
of promoting the general welfare, halting deterioration and blight, and assisting municipalities with
redevelopment. See C.R.S. § 31-25-801 et seq. The DDA is a separate tax-exempt entity from the
City, which has only two roles in the DDA’s functioning: 1) appointment of the board, and 2) approval
of the budget. The DDA does not have power to assess taxes, but instead must rely on the City to do
so and will pull its funds from a separate Town account. The creation of a DDA is subject to voter
approval, as are any new taxes levied therefor. Avon for some time has had an Urban Renewal District
(URA) which is similar but also different than a DDA. A chart comparing DDAs to URAs is attached
which highlights some of the differences between the two types of entities. In reviewing the two
statutes there is nothing that prevents both from coexisting over the same area.
DDAs have two mechanisms for raising revenue. First is a maximum 5 mill ad valorem levy
on properties within the DDA boundary. This is assessed by the City, and subject to approval by the
voters. See C.R.S. § 31-25-817. All revenue is held by the municipality for use by the DDA. The
second mechanism is Tax Increment Financing (“TIF”), which is a form of public funding that allows
for the issuance of municipal bonds to raise money for public improvements. A TIF involves the
distribution of existing taxes on assessed valuation and is not a separate tax itself. As explained by
the court in Northglenn Urban Renewal Authority v. Reyes, 300 P.3d 984, 986 (Colo. App. 2013)1:
[A TIF] is accomplished by first establishing a base amount upon which the various
taxing authorities assess and collect their levies. This base amount is determined
by assessing the value of the property within the urban renewal area prior to
adoption of the urban renewal plan. Thereafter, the property is reassessed in
subsequent years for tax purposes in the hopes that the urban renewal plan has
increased its value. After all levies are assessed and collected on the subsequent
valuation, any incremental increase in the base amount is deemed the result of the
1 While this case involves an Urban Renewal Authority, the TIF concepts for both entities are identical. Compare C.R.S.
§ 31-25-807(3)(a) and C.R.S. § 31-25-107(9)(a).
ATTACHMENT A: DDA Legal Memo
Downtown Development Authority Sources and Uses
Page 2
PRIVILEGED AND CONFIDENTIAL MEMORANDUM
urban redevelopment efforts by the municipality and is distributed to the urban
renewal authority.
A TIF only lasts for 30 years, after which it may be extended by City Council. The DDA can
additionally collect revenues from grants and partnerships.
The source of revenues also determines how those funds may be used. Both revenue streams
may go towards the financing of public improvements within the DDA boundary, such as façade,
landscaping, streetscaping, utilities, and parking improvements. Mill levy revenue can go to a wider
variety of additional DDA operating purposes, business incentives, and marketing. On the other
hand, TIF revenues go into escrow are used to borrow against for financing downtown improvements.
Any excess TIF revenues must go to debt servicing and repayment of bonds for the financing of any
plan of development within the DDA. C.R.S. § 31-25-807(3)(a)(II). Only once any indebtedness is
fully paid, may TIF revenues go to a general operating account of whatever taxing authority collected
the revenue in the first place.
DDAs are useful tools to facilitate development within a geographically distinct area. While
there are several ways to raise revenue for the DDA, the source of money dictates how it may be
used. In no case, however, may that revenue go towards general operations of the sponsoring
municipality, unless all indebtedness has been paid and there is a TIF revenue surplus.
The Town has several specific questions regarding the use of a DDA and TIF revenues that
are addressed below:
1.When can the TIF be implemented?
A TIF is implemented through the initial adoption of the plan of development or at any later
date by amending the plan of developments. Pursuant to C.R.S. § 31-25-807(3)(a) any plan of
development may be modified to include the implementation of a TIF. The statute provides:
Notwithstanding any law to the contrary and subject to subsection (3)(a)(IV) of this
section, any such plan of development as originally adopted by the board or as later
modified pursuant to this part 8 may, after approval by the governing body of the
municipality, contain a provision that taxes, if any, levied after the effective date of
the approval of such plan of development by said governing body upon taxable
property within the boundaries of the plan of development area each year or that
municipal sales taxes collected within said area, or both such taxes, by or for the
benefit of any public body shall be divided for a period not to exceed thirty years
or such longer period as provided for in subsection (3)(a)(IV) of this section after
the effective date of approval by said governing body of such a provision[.]
ATTACHMENT A: DDA Legal Memo
Downtown Development Authority Sources and Uses
Page 3
PRIVILEGED AND CONFIDENTIAL MEMORANDUM
2.Can DDA funds can be used for Community Housing, recreation improvements
(including park properties in the Village (at Avon), constructing a new post office to lease to USPS
to assist with relocation, and early childhood education?
Yes. The type of projects anticipated should be included in the Plan of Development and such
improvements are contemplated. C.R.S. § 31-25-807(2)(d).
3.Can DDA funds be used for road and utility extensions (which would be used to
substitute some of the Town’s tax credit obligations for infrastructure)
Yes. The type of projects anticipated should be included in the Plan of Development and such
improvements are contemplated. C.R.S. § 31-25-807(2)(d).
4.Can Avon claim that it’s Central Business Core is the valley floor from Lake
Street/Avon Recreation Center all the way to Planning Area J where the Wagon Wheel Road cul-du-
sac and utility extensions have been installed?
While there is no specific case law regarding courts have been generally deferential to both
legislative determinations and voter approvals. In the case of a DDA both occur in that the Council
will by ordinance establish the boundary it believes is appropriate for the DDA and then that will be
approved by the voters.
5.What is the total time period that a TIF can be effective?
There is time limit on the TIF of 30 years from the date it is first implemented either in the
original plan of development or a modification of that plan with the option of extending for another
20 years. C.R.S. § 31-25-807(3)(a)(IV). During the 20-year extension 50% of the TIF must be paid
to the affected taxing entities, id.
6.Can Avon/DDA agree to rebate TIF or waive TIF for some taxing entities, or waive a
portion of TIF? Like Fire District and Ambulance District and Village Metro District which is
imposing a property tax to raise funds for the Village finances.
Within the first 30 years of the TIF Avon is not obligated to share any of the TIF revenues
with any other taxing entity. For the additional time period there is an obligation under C.R.S. § 31-
25-807(3)(a) (IV)(B) to pay 50% of the TIF to the other taxing entities. That said, there is nothing in
the statute which prevents or prohibits Avon from sharing back, pursuant to an IGA, any of the TIF
revenues.
7.Can DDA funds be used for staff?
TIF revenues can be used for DDA staff (as can the 5 mills discussed above). Direct payments
for the Avon personnel would fall outside the uses identified in the statute. C.R.S. § 31-25-805, § 31-
25-807, and § 31-25-815.
ATTACHMENT A: DDA Legal Memo
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: April 20, 2023
TO: Avon Town Council and Mayor
FROM: Karp Neu Hanlon, P.C.
RE: Electors Qualified to Vote in the DDA Special Election
The organization of a Downtown Development Authority ("DDA") involves a group of electors
different than most other elections. The electors qualified to vote in a DDA election are the residents,
landowners, and lessees (as those terms are defined in C.R.S. § 31-25-801, et seq.) within the
boundaries of the proposed district.
A resident must be (a) a citizen of the United States, (b) a resident of the state of Colorado, (c) eighteen
years of age or older, (d) a person whose primary dwelling place is within the boundaries of the
proposed district, and (e) registered to vote in Colorado. Only those electors with a voter registration
address within the boundaries of the proposed district will automatically receive a ballot. If an elector
actually resides within the district but is registered to vote at an address outside of the district, the
elector must complete a Request for Mail Ballot form in order to receive a ballot.
A landowner is (a) an owner in fee of any undivided interest in real property or any improvement
permanently affixed thereto within the boundaries of the proposed district, and (b) if a natural person,
eighteen years of age or older, or, if an entity, a person designated by the entity to vote on the entity's
behalf who is eighteen years of age or older. An owner in fee includes a contract purchaser obligated
to pay general taxes, an heir, and a devisee under a will admitted to probate. An owner in fee does
not include a contract seller of property where the contract purchaser is deemed to be the owner in
fee. Interval or timeshare "owners" are generally not owners in fee. Landowners need not reside
within the boundaries of the proposed district. Landowners will automatically be mailed a ballot at
the property's mailing address.
A lessee is (a) a holder of a leasehold interest in real property within the boundaries of the proposed
district, and (b) if a natural person, eighteen years of age or older, or, if an entity, a person designated
by the entity to vote on the entity's behalf who is eighteen years of age or older. Here, a leasehold
interest does not include a license or mere contract right to use real property, including interval and
ATTACHMENT B
Downtown Development Authority – Qualified Electors
Page 2
timeshare ownership where an "owner's" right to use certain weeks arises by contract or by the
purchase of points. Lessees will not automatically receive a ballot. If the lessee is an entity, the lessee
must complete a Designation of Elector form for the entity and the lessee's designee must complete a
Mail Ballot Request form. If the lessee is an individual, the lessee must complete a Mail Ballot
Request form.
The DDA election follows the one person-one vote rule where even though a person or entity may be
qualified to vote in more than one way, a person may only vote once. For example, if an entity owns
multiple properties within the DDA, that entity may only cast one vote through a designated person,
and any person designated to vote on behalf of an entity may only cast one vote.
By way of example, let's say Sam, via four different entities, owns four properties within the
boundaries of the proposed district. Sam also resides in a condo within the boundaries of the proposed
district and is a registered voter at that address. As a resident and an active registered voter, Sam will
automatically be mailed a ballot to vote as a resident. For each property owned by a separate entity,
Sam may designate up to four electors – one for each property. To receive a ballot for those properties,
Sam must complete a Designation of Elector form for each entity, and each designated elector must
complete a Request for Mail Ballot. In that instance, both forms must be completed to receive a ballot.
Sam cannot vote as both a resident and a landowner.
By way of another example, let's say Sally owns multiple properties within the boundaries of the
proposed district though all of the properties are owned through a single entity. Sally must complete
a Designation of Elector form for the entity and the designated elector must complete a Request for
Mail Ballot form. Even though Sally's entity owns multiple properties within the boundaries of the
proposed district, the entity may only designate one person to vote on the entity's behalf and may only
vote once. If Sally, in her individual capacity, qualifies to vote as a resident, she can either vote as a
resident or as the designated person to vote on her entity's behalf, but not both.
DRAFT CONCEPT PLAN 2023
DOWNTOWN DEVELOPMENT
AUTHORITY
N
TOTAL ACREAGE OF AVON TOWN LIMITS: 5391.36 AC
TOTAL ACREAGE OF PROPOSED DDA AREA: 285.02* AC OR 5.3% OF THE TOWN OF AVON
*DOES NOT INCLUDE ROADWAYS or TOWN OF AVON OWNED BUILDINGS (E.G., TOWN HALL)
ATTACHMENT C
DRAFT CONCEPT PLAN 2023
DOWNTOWN DEVELOPMENT
AUTHORITY
N
TOTAL ACREAGE OF AVON TOWN LIMITS: 5391.36 AC
TOTAL ACREAGE OF PROPOSED DDA AREA: 285.02* AC OR 5.3% OF THE TOWN OF AVON
*DOES NOT INCLUDE ROADWAYS or TOWN OF AVON OWNED BUILDINGS (E.G., TOWN HALL)
Formation of DDA
April 25, 2023
Formation of Downtown
Development Authority
“DDA”
By Eric Heil, Town Manager
ATTACHMENT D
Purpose of Downtown Development Authority
DDA is a Statutory Local Government Authority
●Promotes Sound Economic Growth of
Community’s Central Downtown
Commericial Core
●Provides New Dedicated Funding Source
●Supports Funding Workforce Housing &
Infrastructure Projects
●Alleviate or Prevent Blight Conditions
●Supports Development and Redevelopment
Formation of DDA
April 25, 2023
Boundary of Downtown Development Authority
“Central Business District”
●DDA organized by the Municipal
Governing Body (Avon Town Council)
●Boundary depicts principal business,
commercial, financial service and
government center of Town
●Question is Referred to the voting
Qualified Electors, resident,
landowner or lessee within the
proposed boundary area
Formation of DDA
April 25, 2023
TOTAL ACREAGE OF AVON TOWN LIMITS: 5391.36 AC
TOTAL ACREAGE OF PROPOSED DDA AREA: 285.02*
AC OR 5.3% OF THE TOWN OF AVON
*DOES NOT INCLUDE ROADWAYS or TOWN OF AVON
OWNED BUILDINGS (E.G., TOWN HALL)
Financial Considerations
Financial Highlights
●Similar to an Urban Renewal Authority
●Utilizes Tax Increment Financing
within the DDA Area
●Retain Increased Property Taxes
Generated from New Development
Formation of DDA
April 25, 2023
DDA Formation Schedule
Deliverables Timeline Status
Develop Eligible Voter / Stakeholder List
(see Attachment B for Eligibility
Requirements)
April –June Working with Eagle County
Assessor’s Office, Eagle County
Clerk & Recorder’s Office, and
Finance team to obtain lists of
property owners, registered
voters, and business owners
that will make up the Voter List.
Research & Reports to Complete:
Propose boundary of DDA
Blight Study Report
Financial Analysis
DDA Plan (draft)
April –June Town of Avon “DDA team”
(Town Manager’s Office,
ComDev Dept., Legal, and
Commfluent Inc.) preparing the
reports identified as support
documents in the formation of
the DDA (via ordinance) and
adoption of the DDA plan.
Community (Stakeholder) Outreach
Draft Fact Sheet for Mailer &
Website Use
Contact Taxing Entities
Finance Committee Mtg May 3
Other outreach meetings as
needed (May 22 virtual meeting)
April –June Town of Avon DDA team (Town
Manager’s Office, ComDev
Dept., Legal, and Commfluent
Inc.) preparing several outreach
platforms to be implemented
May & June.
Deliverables Timeline Status
Planning & Zoning Review
May 2 | Work Session
May 16 | Public Hearing
June 6 | Public Hearing | Plan Adoption
May –June The DDA team will prepare materials
and present them to the P&Z for
consideration and review. P&Z will
consider and take action on the DDA
Plan before Town Council
consideration.
Town Council Review & Action
April 25 | Work Session
May 9 | Work Session
June 13 | 1st Reading Ordinance
June 27 | 2nd Reading & Public Hearing
Ordinance
April -June The DDA team will prepare materials
and present them to the Town
Council and community for
consideration and review. The Town
Council will be asked to adopt the
ordinance.
Special Election
Proposed Date: August 29, 2023
May –
September
Special Election date would be set at
the same time the ballot question is
considered (via ordinance). Town
Clerk’s Office is preparing special
election calendar and associated
election materials and deliverables.
Thank You
970.748.4004 eheil@avon.org
TO: Finance Committee members FROM: Matt Pielsticker, Planning Director
RE: Updates on Development Projects
DATE: April 28, 2023
PLACEHOLDER – MATERIALS TO FOLLOW MONDAY MAY 1.