TC Packet 03-12-2024_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA – Updated 03/11
TUESDAY, March 12, 2024
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
Zoom registration is on the header at Avon.org
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3)
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:10 PM
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:10 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given
one (1) additional minute subject to Council approval.
5. BUSINESS ITEMS
5.1. Proclamation: One Book One Valley (OBOV) 2024 (Lori A. Barnes, Director of Library Services
for Town of Vail)
5.2. Resolution 24-09: Adopting 35 Miles per Hour Speed Limit Policy for Highway 6 (Town Manager
Eric Heil)
5.3. Discussion of Letter regarding change in scope of the West Vail Pass Project (Town Manager
Eric Heil)
5.4. PUBLIC HEARING: First Reading of Ordinance 24-04 Slopeside Rezoning Application
(REZ23001) (Planning Manager Jena Skinner)
5.5. PUBLIC HEARING: Second Reading of Ordinance 24-03 Amending the International Building
Code to Require High Efficiency Gas Boilers (Building Official Derek Place)
5.6. Work Session: Sales Tax Exemption on Hygiene Products (Chief Financial Officer Paul
Redmond)
5.7. Approval of Intergovernmental Agreement between the Avon DDA, Avon Station Confluence and
Village Metro Districts (Town Manager Eric Heil)
5.8. Work session: Website Analytics (Marketing & Communication Manager Elizabeth Wood)
5.9. Resolution 24-08: Adopting a Flag Policy (Town Attorney Nina Williams)
6. CONSENT AGENDA
6.1. Approval of Talent Agreement for 2024 AvonLIVE! Concert Series (CASE Manager Danita
Dempsey)
6.2. Approval of February 27, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
6.3. Letter of Support for Colorado Local Climate Action Accelerator Program (Town Manager Eric
Heil)
7. WRITTEN REPORTS
7.1. Ice Rink Update (Recreation Director Michael Labagh)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
9. ADJOURN
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the
beginning of all Council meetings. Members of the public who wish to provide comments to Council greater
than three minutes are encouraged to schedule time in advance on the agenda and to provide written
comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall
permit public comments for any action item or work session item and may permit public comment for any
other agenda item, and may limit such public comment to three minutes per individual, which limitation may
be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town
Council Simplified Rules of Order, Adopted by Resolution No. 17-05.
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, FEBRUARY 27, 2024
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL
THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT
THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .]
5. PUBLIC HEARING FOR REPORT OF CHANGES -MODIFICATION OF PREMISES
5.1. APPLICANT NAME: DILLON COMPANIES LLC D/B/A CITY MARKET #26
LOCATION: 0072 BEAVER CREEK PLACE
TYPE: FERMENTED MALT BEVERAGE OFF PREMISES (CITY)
MANAGER: PAVEL PAVLOV
6. APPROVAL OF THE MINUTES FROM JANUARY 9, 2024 LIQUOR LICENSING AUTHORITY MEETING (DEPUTY TOWN CLERK
BRENDA TORRES)
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES)
8. ADJOURNMENT
970-748-4022 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Deputy Town Clerk
RE: PUBLIC HEARING for Permanent Modification of Premises -
Dillon Companies LLC, d/b/a City Market #26
DATE: February 23, 2024
SUMMARY: Current licensee Dillon Companies LLC, d/b/a/ City Market #26, has applied to modify the
scope of this licensed premises to permanently expand product placement area for alcohol beverage
products, as depicted on the attached diagram. The Applicant has submitted materials required by the
State of Colorado Liquor Enforcement Division, which materials are in order. Documents are on file in the
Town Clerk’s office.
Today’s hearing has been properly noticed. The Applicant has been invited to be present to provide support
for this application as well as answer any questions. There is a state fee associated with modification of
premises applications; the Applicant has submitted this fee. Diagrams of the current premises and of the
proposed area to add to the current licensed premises have been included.
BACKGROUND: Regulation 47-302 Changing, Altering, or Modifying Licensed Premises. Basis and
Purpose. The statutory authority for this regulation is located at subsections 44 -3-202(1)(b), 44- 3-
202(2)(a)(I)(A), and 44-3-202(2)(a)(I)(D), C.R.S. The purpose of this regulation is to establish procedures
for a licensee seeking to make material or substantial alterations to the licensed premises and provide
factors the licensing authority must consider when evaluating such alterations for approval or rejection.
A. After issuance of a license, the licensee shall make no physical change, alteration or modification of the
licensed premises that materially or substantially alters the licensed premises or the usage of the licensed
premises from the plans and specifications submitted at the time of obtaining the original license without
application to, and the approval of, the local and state licensing authorities.
For purposes of this regulation, physical changes, alterations, or modifications of the licensed premises, or
in the usage of the premises requiring prior approval, shall include, but not be limited to, the following:
1. Any increase or decrease in the total size or capacity of the licensed premises.
2. The sealing off, creation of or relocation of a common entryway, doorway, passage, or other such
means of public ingress and/or egress, when such common entryway, doorway or passage alters or
changes the sale or distribution of alcohol beverages within the licensed premises.
For more references to Regulation 47-302 please follow this link:
https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=8009&fileName=1%20CCR%20203-2
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the
Permanent Modification of Premises application made by Dillon Companies LLC, d/b/a/ City Market #26 .
Thank you, Brenda
Page 2 of 2
MODIFICATION OF PREMISES ATTACHMENTS:
The Applicant for the modification of premises has submitted the following materials:
✓ Attachment A: Permit Application and Report of Changes (State form DR 8442)
✓ Attachment B: Map diagram of the proposed permanent modification
ATTACHMENT A
ATTACHMENT B
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, JANUARY 9, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 1
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in person and virtually via Zoom.us. Chair Amy Phillips called the meeting
to order at 5:00 p.m. A roll call was taken, and Board Members present in person were Rich Carroll,
Ruth Stanley, Lindsay Hardy, RJ Andrade, Vice-Chair Tamra Underwood, and Chair Amy Phillips. Board
Member Chico Thuon was absent. Also present were Town Manager Eric Heil, Town Attorney Nina
Williams, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Local
Liquor Licensing Authority Secretary Miguel Jauregui Casanueva, and Deputy Town Clerk Brenda
Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:45
Chair Phillips initiated the meeting with the agenda approval process. No changes were made to the
agenda.
Vice Chair Underwood motioned to approve the Liquor Licensing Authority Agenda as presented.
Board member Andrade seconded the motion. The motion was approved with a 6-0 vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:20
Chair Phillips asked if there were any conflicts of interest related to the Agenda, and none were
disclosed.
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING A GENDA
Video Start Time: 00:01:32
Chair Phillips explained that public comments can be made by participating in the meeting in person,
via zoom’s video/audio, via telephone, or via email. She then clarified that the public comment
section is intended for items not listed in the agenda, and participation by members of the public is
limited to 3 minutes.
She asked if there was any public comment from those present in the room or virtually , and there
were no public comments made.
5. PUBLIC HEARING FOR A TRADE NAME PERMIT AND AN ADDITION OF RELATED FACILITY TO AN EXISTING RESORT
LIQUOR COMPLEX
Video Start Time: 00:01:55
5.1. APPLICANT NAME: East West Resort, LLC & Avon Riverfront, LLC d/b/a Westin Riverfront
Resort & Spa & Maya
LOCATION: 126 Riverfront LN
TYPE: Trade Name Permit
MANAGER: Brian Harrier
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, JANUARY 9, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 2
5.2. APPLICANT NAME: East West Resort, LLC & Avon Riverfront, LLC d/b/a Westin Riverfront
Resort & Spa
LOCATION: 126 Riverfront Ln
TYPE: Addition of Related Facility to an Existing Resort Liquor Complex
MANAGER: Brian Harrier
General Manager Brian Harrier and Director of Food & Beverage Alejandro Cerda were present in
person to respond to any questions from the Board. Vice Chair Underwood asked about their primary
license as Resort Complex, and they clarified that the Westin Riverfront Resort & Spa is the primary
license premise, and this will be an addition. Chair Phillips asked if the purpose of this extension is to
do room service delivery and for guests to be allowed to take drinks to the pool area. Alejandro
confirmed. Brian mentioned they expect occupancy to start on February 1, 2024.
Deputy Town Clerk Brenda Torres mentioned that the applicant is in good standing with the Town’s
Finance Department, there are no concerns in the background check, fees for this application were
received, and that public notices were posted, and no public comments were received.
Chair Phillips asked if there was any public comment from those present in the room or virtually, and
there were no public comments made.
Board member Carroll moved to approve the Trade Name Permit for East West Resort, LLC & Avon
Riverfront, LLC, from Westin Riverfront Resort & Spa & Maya to Westin Riverfront Resort & Spa; and
to approve the Addition of Related Facility to an Existing Resort Complex license for Westin Riverfront
Resort & Spa. Board member Stanley seconded the motion. The motion was approved with a 6 -0
vote.
6. APPROVAL OF THE MINUTES FROM DECEMBER 12, 2023 MEETING
Video Start Time: 00:08:55
Vice-Chair Underwood motioned to approve the Minutes from Tuesday, December 12, 2023, as
presented. Board Member Hardy seconded the motion. The motion was approved with a 6-0 vote.
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES)
8. ADJOURNMENT
The Avon Liquor Licensing Authority Meeting adjourned at 5:10 p.m.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, JANUARY 9, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 3
These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority meeting.
They are not intended to be comprehensive or to include each statement, person speaking or to portray
with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which
is housed in the Town Clerk' s office, and the video of the meeting, which is available at
www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
____________________________________
Brenda Torres, Deputy Town Clerk
APPROVED:
Amy Phillips ___________________________________
Tamra Underwood
Ruth Stanley
Rich Carroll
Lindsay Hardy
RJ Andrade
Chico Thuon
(970) 748-4022 btorres@avon.org
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Deputy Town Clerk
Date: February 23, 2024
Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS
SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of
routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of
Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no new criminal activity on the
background and there are no liquor code violations during the last year. Renewals require notice to be posted
for seven days and Special Event Permits for ten days and require the Town Clerk to accept comments and/or
requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to
refer the application to the Avon Town Council.
The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating
back to January 9, 2024, the Town has received 2 Renewal Applications that have met all the requirements
for administrative review and approval and were ultimately approved by the Deputy Town Clerk. No comments,
complaints, or request for hearings were received. They are as follows:
Renewals:
Applicant: Southside Benderz LLC d/b/a Southside Benderz
Location: 182 Avon Road #208
Type: Hotel and Restaurant
Manager: Noah Bender
Applicant: Fancy Pansy LLC d/b/a Fancy Pansy
Location: 51 Beaver Creek Place Unit #2
Type: Beer & Wine (City)
Manager: Frankie Lynn Sheridan
970-748-4013 idejong@avon.org
TO: Honorable Mayor Phillips and Council Members FROM: Ineke de Jong, Chief Administrative Officer
RE: Proclamation One Book One Valley 2024
DATE: March 5, 2024
SUMMARY: Lori Ann Barnes with Vail Public Library will attend Tuesday’s meeting to present information
about One Book One Valley 2024. Mayor Phillips will read aloud the attached proclamation promoting the
2024 One Book One Valley initiative.
Thank you, Ineke
ATTACHMENTS:
Attachment A: One Book One Valley 2024 Proclamation
Attachment B: One Book One Valley 2024 Poster
OFFICIAL PROCLAMATION
ONE BOOK ONE VALLEY 2024
A valley-wide Community Read sponsored by the Towns of Avon, Eagle,
Gypsum, Minturn, Red Cliff and Vail
WHEREAS, Community Read programs have united and uplifted hundreds of cities and municipalities throughout
the United States of America; and,
WHEREAS, the book “Calling for a Blanket Dance” by Oscar Hokeah is the author’s “highly anticipated debut
novel that tells the story of Ever Geimausaddle, the son of a Kiowa and Cherokee mother and a Mexican father,
as he navigates life across Native lands in Oklahoma”; and,
WHEREAS, Hokeah's novel will feel familiar to fans of Louise Erdrich and Tommy Orange, shifting between the
perspectives of different characters and jumping around in time to tell a story of the contemporary experiences of
Indigenous people, while also taking care to disrupt any reductive notions of homogeneity in this arena; and,
WHEREAS, this Eagle Valley Community Read is the 13th Year of the One Book One Valley initiative. According
to Ali Teague from the Bookworm of Edwards; “I can't believe this incredible book is a debut novel with its lyrical
language and wholly unique characters and voices. Calling for a Blanket Dance illustrates what it's like to be
Mexican American and Indigenous in the United States. I'm so glad we picked it for our community-wide read,
because it demonstrates the expectations that communities have for each individual, and the responsibility we all
have to raise each other; and,
WHEREAS, this Eagle Valley Community Read will feature book discussions in venues around the valley; special
programs being planned by our two newest partners - the Vail Symposium and the Eagle Valley Land Trust; and,
a special Guest Appearance by the author in April; and,
WHEREAS, the Vail Public Library, in collaboration with the Bookworm of Edwards, Colorado Mountain College,
Battle Mountain High School, Eagle Valley High School, Vail Mountain School, the Vail Symposium and the Eagle
Valley Land Trust have collectively resolved to bring this valley-wide Community Read program to the citizens of
Eagle County; and,
WHEREAS, the One Book One Valley initiative will encourage literacy and shared enjoyment of reading
throughout Eagle County.
NOW, THEREFORE, we, the Town Council of the Town of Avon, Colorado, do hereby promote the One Book
One Valley initiative and officially announce and promote the book “Calling for a Blanket Dance” to all Eagle
County residents for their enjoyment and the enjoyment of all.
TOWN OF AVON
BY: ATTEST:
________________________________ ____________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT A
an Eagle County initiative which encourages literacy
and promotes a sense of community by sharing a
common topic for conversation valley-wide.
Share your One Book One Valley
(OBOV) reading journey!
Use the hashtag #OBOV2024
For more information visit
onebookonevalley.com
EVENTS
A COLLABORATIVE PROGRAM BROUGHT TO YOU BY
Hosted by Vail Public Library, Mountain Youth and
Vail Symposium
Multigenerational Hope: New Patterns
of Mental and Behavioral Health
Tuesday, Feb. 20 | 6 p.m.
Edwards Interfaith Chapel
Spanish/English interpretation
In the face of mental & behavioral challenges faced
by individuals of all ages, what are the models &
resources available to fi nd healing and hope? Dr.
Judith Landau will be joined by local providers.
Hosted by Vail Public Library and Eagle Valley Land Trust
Free showing of the documentary
“Gather”
Tuesday, March 19 | 6:30 p.m.
Riverwalk Theater
Free community screening of “Gather”, which tells
the stories of Native Americans reconnecting
with their spiritual and cultural identities through
obtaining sovereignty over their ancestral food
ways. Like Calling for a Blanket Dance, the fi lm
“Gather” shines a spotlight on Indigenous people
working to heal themselves and their communities
by reuniting with their heritage.
Hosted by Vail Public Library
Books ‘n Bites Book Club
Wednesday, March 13 | 5 p.m.
Meets via Zoom
Join the Vail Public Library for a fun and lively
virtual book club! The March meeting of the book
club will focus on the 2024 OBOV title, “Calling
for a Blanket Dance” by Oscar Hokeah. Email
abrezinka@vail.gov for an invitation.
Finale Author Event
Thursday, April 4 | 5 p.m.
Colorado Mountain College, Edwards Campus
Meet Oscar Hokeah, Author of the 2024 selected
OBOV title “Calling for a Blanket Dance”. This
event will consist of a meet and greet with
the author, a Book Talk including Q&A, and
an opportunity to purchase an autographed
copy of the book.
ATTACHMENT B
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager
RE: Resolution 24-09 35 MPH Policy for HWY 6
DATE: March 8, 2024
SUMMARY: Resolution 24-09 is presented for Council consideration which would adopt a policy that the speed limit
on Highway 6 in and near the Town of Avon should be reduced to 35 miles per hour. 35 miles per hour is the speed
for which the Colorado Department of Transportation allows the installation of pedestrian cross walks. The Town of
Avon has actively sought to install pedestrian crosswalks on Highway 6 to allow residents in this area to safety cross
Highway 6 to reach bus stops.
PROPOSED MOTION: “I move to approve Resolution 24-09 Adopting 35 Miles Per Hour Speed Limit Policy for
Highway 6”
Thank you, Eric
ATTACHMENT A: Resolution 24-09 Adopting 35 Miles Per Hour Speed Limit Policy for Highway 6
Resolution 24-09
March 4, 2024
Page 1 of 1
RESOLUTION 24-09
ADOPTING 35 MILES PER HOUR SPEED LIMIT
POLICY FOR HIGHWAY 6
WHEREAS, the Town of Avon (“Town”) is a home rule municipality of the State of Colorado and the
Town is empowered to adopt policies by Resolution; and
WHEREAS, the Avon Town Council (“Council”) finds that a significant amount of high density multi-
family residential development is located along, or near, Highway 6 between the Post Boulevard round-
about and the West Beaver Creek Boulevard/Prater Lane intersection;
WHEREAS, Council finds that the residents of this residential development regularly use the Town of
Avon’s transit, ECO Transit, and Eagle Valley Transportation Authority, including the use of several bus
stops situated on Highway 6, and
WHEREAS, Council finds that the health, safety and general welfare will be promoted by the
construction of pedestrian cross walks, complete with cross walk striping, pedestrian activated signage,
street lighting, and median refuge for pedestrians within a landscaped boulevard; and
WHEREAS, the speed limit must be reduced to 35 miles per hour uniformly in order for CDOT to allow
these pedestrian enhancements; and
WHEREAS, Council finds that the I-70 runs the same east-west direction as Highway 6 and is situated
within ½ mile of Highway 6 and that I-70 offers the ability of travelling public, including those travelling
through Eagle County, to travel at fast speeds; and
WHEREAS, Council finds that Highway 6 in and near the Town of Avon is a transit oriented corridor
and that highway speeds should prioritize best urban design, housing, transit and pedestrian safety and
that maximizing the vehicular travel speed should not be a priority over best urban design and pedestrian
safety; and
WHEREAS, the Avon Town Council finds that the adoption and implementation of this Resolution will
promote the health, safety, and general welfare of the Avon community.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO that:
1.The Town of Avon officially declares 35 miles per hour as the appropriate maximum speed on
Highway 6 between the Post Boulevard round-about and the West Beaver Creek Boulevard/Prater
Lane intersection and states that it is the policy of the Town to construct well designed pedestrian
crossings complete with striping, pedestrian activated flashing signs, street lighting, and median
refuges for pedestrians.
2.Council directs and authorizes Staff and the Mayor to actively coordinate and apply to the Colorado
Department of Transportation, advocate for appropriate legislation, and request support of the
Colorado Governor’s office in order to implement the policies in this Resolution.
ADOPTED on March 8, 2024 by the AVON TOWN COUNCIL.
By: Attest: ___________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT A
970-748-4013 idejong@avon.org
TO: Honorable Mayor Phillips and Council Members FROM: Eric Heil, Town Manager
RE: Letter regarding change in scope of the West Vail Pass Project
DATE: March 11, 2024
SUMMARY: The Town of Avon was notified that the West Vail Pass Project currently has a budget shortfall
of approximately $40-$60M and will be reducing the scope of the project as a cost-cutting measure to
alleviate the shortfall. They have opted to defer the addition of the climbing lane from MM 185 to the top of
Vail Pass indefinitely.
The Town of Vail has submitted a letter asking the Governor asking to reconsider this decision. The Avon
Town Council is also asked to consider signing the attached letter.
Thank you, Eric
ATTACHMENTS:
Attachment A: Letter regarding change in scope of the West Vail Pass Project
Post Office Box 975 100 Mikaela Way Avon, CO 81620
March 11, 2024
The Honorable Jared Polis
Governor, State of Colorado
State Capitol Building
200 E. Colfax Ave., Rm. 136
Denver, CO 80203
Ms. Shoshana Lew
Executive Director, Colorado Department of Transportation 2829 W.
Howard Pl.
Denver, CO 80204
Dear Governor Polis and Director Lew,
We are writing to express our strong concern and disappointment with the significant change in scope of the
West Vail Pass Project, particularly with the decision to remove the almost two mile “Narrows” portion of the
eastbound auxiliary lane from the project. The project leadership team has been working since late 2017 to bring this
critical safety improvement to Vail Pass and construction began in 2021.
The Town of Avon has been a major supporter of the project, along with many other stakeholders. This project
was the Number 1 project from CDOT Region 3, so much so that the four Transportation Planning Regions all
collectively pooled resources to ensure this project moved forward.
There were many important components to the project, but the crown jewel was the addition of climbing lanes
starting before the “Narrows”, MM 185 to the top of Vail Pass. Another significant safety improvement of the West
Vail Pass Project was the completion of a curve straightening WB at MM 186 which is the tightest curve (spiral curve
which tightens as you begin to drive through). This combined with entering the steepest downhill section of the pass
creates one of the top crash sites on the I -70 corridor.
Although the budget shortfall in the range of $40-$60M is significant and not easy to overcome, the cost to re-
mobilize along with 6-8% annual increases in construction costs will make a future project unattainable. The Town of
Avon is committed to providing all the support necessary to secure funding to complete the key component of the
narrows improvements of the West Vail Pass Auxiliary Lane project. Not completing it will be considered a failure on
the part of CDOT and will further erode the trust and confidence in CDOT and the State regarding the agreements
made as part of the I-70 PEIS.
The positive impact and significance of this portion of the West Vail Pass project is far- reaching. Below are
reasons why this is so impactful to Avon, surrounding communities, interstate commerce and travelers:
•Vail Pass experiences the most snowfall along the I- 70 corridor, and the “narrows” section is the
steepest portion of both Vail Pass and the entire I-70 corridor, and the location of many incidents
both winter and summer.
•This section of roadway experiences the greatest differential speeds occurring between slow moving
vehicles and those traveling at highway speeds, causing unsafe conditions and accidents.
•EB Vail Pass experiences the most pass closures of any portion of the I-70 corridor.
•Each closure of Vail Pass extensively impacts the public and the Town of Avon, including public safety
staff required to man a closure, the volume of calls to the Vail Emergency Services Dispatch Center,
ATTACHMENT A
and staff working to ensure that the traveling public is not stranded on the interstate.
• As the effects of climate change increase, the threat of wildfire increases. The ability to flee a wildfire
has been real and deadly around the country. The thought of a panicking public trying to use Vail Pass
and then becoming congested or worse yet, stopped through the steepest part of Vail Pass is unsettling.
Both the auxiliary lanes and curve straightening, as major components of the West Vail Pass Auxiliary Lane
initial project, were the key to garnering full western slope project support and critical to obtaining the largest
grant that CDOT had ever been awarded for a project.
Moreover, the decision to not construct the narrows section from the West Vail Pass Auxiliary Lane project flies
in the face of the collaboration that was achieved by the I-70 PEIS process. Prior to the issuance of the ROD in 2011,
relations between CDOT and corridor stakeholders were strained, marked by mistrust and antagonism. Fortunately,
then CDOT Director Russ George and Governor Bill Ritter saw a better path forward, and with FHWA ushered in a
new era of collaboration through the formation of the Collaborative Effort, the implementation of the Context-Sensitive
Solution process, and other steps.
Since then, that spirit of collaboration has been exemplified by CDOT’s continuing support of the CSS and other
efforts through the Vail Pass and Floyd Hill projects, Pegasus, among others. The town and many stakeholders have
advocated for CDOT’s proposals to the Transportation Commission and state legislature. It is important that this
collaborative approach continues.
The I-70 PEIS process also illuminated the importance of viewing the corridor with a 50-year vision. The reason
for this is that the corridor is very challenging. Construction is difficult, and expensive compared to other portions of
the state. The challenges of shorter construction seasons and dealing with even more extreme weather conditions
when constructing above 9,000 feet exasperates the situation. We appreciate all the additional resources CDOT has
put forward to move this challenging project to the point it is at. However, it is extremely short sighted to not fund the
final portion of completing the climbing lanes in the narrows section as well as the reducing a top accident location
WB. The cost of this work will not get any cheaper. In fact, as stated above, the cost of mobilizing the crews a
second time to this location will in fact cost significantly more than expending the additional funds and contract time now to finish the project.
Not completing the improvements through the narrows as promised is shortsighted and a liability. A meaningful
reduction in the number of incidents could be achieved with an auxiliary lane, thereby also reducing the number of I-
70 closures.
Please reconsider the reduction of the narrows two miles of climbing lanes and WB curve straightening of the
West Vail Pass Auxiliary Lane Project.
Sincerely,
Amy Phillips, Mayor, Town of Avon, on behalf of the Avon Town Council
Cc: John Cater, Division Administrator, FHWA
CDOT Transportation Commission c/o Herman Stockinger
Rep. Julie McCluskie, Speaker, Colorado House of Representatives
Senator Dylan Roberts
Congressman Joe Neguse c/o Julie Sutor Rep.
Megan Lukins, House District
Senator Michael Bennet
Senator John Hickenlooper
Members of I-70 Coalition and Members of I-70 Collaborative Effort
970-748-4023 jskinner@avon.org
TO: Honorable Mayor Amy Phillips and Council Members FROM: Jena Skinner, AICP, Planning Manager
RE: PUBLIC HEARING: FIRST READING Ordinance 24-04
REZ23001 Rezoning Application
DATE: February 22, 2024
SUMMARY: This report presents to Avon Town Council (“Council”) First Reading of Ordinance 24-04 for
the rezoning of an existing parcel of land owned by the Town of Avon (“Avon”) known as Benchmark At
Beaver Creek Tract Y (“Property”). This application changes the existing zoning for the Property from
Open Space, Landscaping, and Drainage (“OLD”) to Community Housing High Density-1 (“CHHD-1).
Council provided direction that Community Housing is the top priority and directed Staff to prepare and
submit a rezoning application for the Property.
This application was heard previously by Council and was tabled indefinitely during which time, new
Community Housing zone districts and modifications to the Comprehensive Plan were accomplished.
Second Reading of Ordinance 24-01 (Community Housing Zone Districts) was approved at the January 23,
2024, and Second Reading of Ordinance 24-02 (Comprehensive Plan Amendments) was approved February
13, 2024. Both Ordinances support and reinforce planning efforts on the subject, Town-owned parcel for
Community Housing.
The New Community Housing zone district be applied to this application is as follows:
(e) Community Housing High Density – 1. The CHHD-1 district is established to accommodate
multi-family development in cost effective configuration, construction type and density that permits a
high number of residential units with a maximum of four (4) stories of residential or three (3) stories
of residential above one (1) level of at grade parking.
Table 7.20-7
Community Housing High Density - 1
Dwelling
Type
Max.
Density
(units/
acre)
Max.
Units Per
Building
Min.
Landscape
Area
Max. Lot
Coverage
(%)
Min. Front
Setback
(feet)
Min. Side
Setback
(feet)
Min. Rear
Setback
(feet)
Max.
Building
Height
(feet)
Multi-
family / TH
25 du/
acre
N/a 10% 80 10 7.5 10 48
This subject “Property” is located between Swift Gulch Road and the I-70, adjacent to the west bound off-
ramp at Avon Road, and is adjacent to existing commercial development (7-Eleven). See image, next page.
BACKGROUND: The Property is part of the original Benchmark at Beaver Creek Subdivision, and has
been zoned for Open Space, Landscaping, Drainage (“OLD”), since at least 1991. The Future Land Use
Map in the Avon Comprehensive Plan designates the Property as “Civic/Public Facilities” which indicated
some level of anticipated development. Staff was not able to find any information on past ideas about civic
or public facility uses that may have been contemplated for this site.
Swift Gulch, to the east of the Property, was at one time zoned for 105 units of housing. Subsequently that
property was rezoned for public use and a public works/transit/fleet campus. The Property also contains a
portion of the pedestrian/bike trail that runs between Avon Road and Post Blvd, and the existing Nottingham
Puder Ditch.
REZ23001 A Rezoning Application: “Slopeside” Community Housing March 4, 2024 Page 2 of 6
Location of Property
PLANNING & ZONING COMMMISSION REVIEW COMMENTS: The proposed rezoning was initially
supported by the Planning and Zoning Commission (“PZC”) in 2023. At the meeting held for a second
review of the application held on February 6, 2024, the PZC recommended Council approve the proposed
rezoning. The PZC felt that using the Community Housing High Density-1 (CHHD-1) instead of Residential
High Density (RH), was a more comprehensive option.
PROCESS: Rezonings can only be initiated by property owners and Council for Town-owned properties.
Council initially directed Staff to submit a rezoning application to PZC, at the June 27, 2023 Council
meeting. The PZC unanimously recommended Council approve the (original) rezoning application at its
September 19, 2023, public meeting. After being heard at the October 10, 2023 by Council, this application
was tabled indefinitely, pending the outcome of subsequent planning applications including a Code Text
Amendment for the creation of Community Housing zone districts, and a corresponding Comprehensive
Plan Amendment to add Community Housing as a recommended future land use on the Town-owned
parcels, including the Slopeside parcel. The application has been updated to reflect its association with the
amendments, and as this change is considered substantial, it was reviewed for a second time by the PZC,
February 6, 2024. The PZC made a (second) recommendation to Council to approve this application at
First Reading.
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING RECOMMENDATION September 19, 2023 February 6, 2024
TOWN COUNCIL ORDINANCE & PUBLIC HEARING October 10, 2023 March 12, 2024
TOWN COUNCIL INITIATION
June 27
REZ23001 A Rezoning Application: “Slopeside” Community Housing March 4, 2024 Page 3 of 6
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on September, 8, 2023,
Janaury 26, 2024, and February 23, 2024. No public comments have been received.
OPTIONS: Council has the following options with the Application:
• Approval the rezoning application
• Approve the rezoning application with revisions
• Continue Public Hearing to a Specific Date
• Deny the application (or direct Staff to withdraw the application)
DISCUSSION: The cost of workforce housing has escalated dramatically over the last three years and is
regarded as a crisis across Colorado. Properties owned by Avon which are physically suitable for the
development of Community Housing have the financial advantage that Avon does not have to include the
cost of land into the overall cost of developing housing. 3.5 acres in this location with high density
residential zoning likely has a fair market value in excess of $7 Million.
The property is long, narrow, and has considerable slopes, which makes traditional housing development
with surface parking more difficult and limiting. The property is located near the Swift Gulch bus stop and is
a convenient three-block walk to Avon Station, where free transit from Vail to Beaver Creek to Edwards is
available for users.
As an outcome of the recent Code Text and Comprehensive Plan Amendments, this Property is now a
“Gateway” area in addition to being identified for Community Housing. New design considerations, an
outcome of Ordinance 24-02, will be available as part of the review for subsequent planning applications
associated with the Slopeside property.
COMMUNITY HOUSING DEVELOPMENT STEPS: The development of Community Housing involves
several steps, which are described as follows:
(1) Identification of land suitable for a Community Housing Project.
(2) Zoning (or Rezoning)
(3) Determination of Ownership and Initial Partners (i.e. public or private).
(4) Determining whether to proceed as public development project or post Request for Proposal for
private developers.
(5) Apply for Grant Funding for design, infrastructure and/or construction.
(6) Conceptual Design of Housing Project to determine density, layout and feasibility.
(7) Determination of specific housing type and goals (rent versus own, unit size, target AMI levels)
(8) Establishing development team (architect, owners representative, contract – if a public project, or
selecting developer if private project).
(9) Securing financing and finalizing development agreements and deed restrictions.
(10) Overseeing or administering construction of project.
(11) Construction completion and sale or leasing per Avon Community Housing Policies or per terms
with private developer.
REZ23001 A Rezoning Application: “Slopeside” Community Housing March 4, 2024 Page 4 of 6
Steps 1 through 2 are necessary before the town can meaningfully engage with potential housing
partners or apply for grant funding. For this reason, it is essential to proceed with the first two steps,
creating strategic opportunities to continue with the remaining tasks based on partner support and grant
funding availability. Updating the Avon Municipal Code by adding Community Housing zone districts
and updating the Comp Plan to support rezonings related to Community Housing was an essential
foundational action.
NEXT STEPS: Actual development of a Community Housing project will involve several steps after
rezoning. Staff estimates this process will take at least 1-2 years to get to the Construction Phase or step 6.
Several steps will include further review of project design and type of housing development by Council and
the Avon Planning and Zoning Commission. This outline presents an approach where the Town conducts a
Request for Proposal process for a private developer to design, finance, construct and operate a
Community Housing apartment project. This proposed process would be similar to the recent Request for
Proposal process for the West Middle Creek apartment project in Vail and the pending Request for Proposal
process for Phase 1 of the State Land Board annexation project. The West Middle Creek apartment project
terms include municipal bond financing, then ownership of the project by Town of Vail after the bonds have
been paid.
(1) Development Documents. Staff will order the following information that is basic to any property
development project: a Title Commitment, a property survey, necessary geotechnical reports
required for construction, water rights service request to Upper Eagle Regional Water Authority,
initial analysis of water and sewer infrastructure.
(2) Financing. This includes any grants, loans, or bonds, etc. that will be needed for Avon to
participate in a development partnership with a builder/developer.
(3) Request for Proposals. Staff will prepare a draft Request for Proposal to present to Council for
review and approval. The Request for Proposal would offer a land lease to a private developer
along with terms for tax and fee waivers, potential municipal bond financing, targeted affordability
levels, and other relevant terms. The private developer would be responsible for retaining
architectural and engineering services and submiting a development plan for review by Avon
Planning and Zoning Commission and Council.
(4) Development Agreement. A Development Agreement will be negotiated with the selected
private developer which includes definition of roles, design, financing, apartment type and
character, targeted affordability levels, and construction.
(5) Entitlement. Entitlement includes the private developer submitting a Major Development Plan for
review by the Avon Planning and Zoning Commission, per Avon’s Development Code, and by
Council, as the property owner.
(6) Operating Agreements. The Operating Agreement defines minimum operating obligations,
affordability levels and rent caps, any rental priorities, Town’s rights of oversight and
enforcement, and potentially deed restrictions.
(7) Construction Process. This step includes both the installation of infrastructure (horizontal), and
vertical construction.
(8) Occupancy. The final step is the issuance of a Certificate of Occupancy and tenant move-in.
REZ23001 A Rezoning Application: “Slopeside” Community Housing March 4, 2024 Page 5 of 6
TOWN MANAGER COMMENTS: The Avondale apartment project required a lot of Staff time to administer
the hiring of architects, overseeing the due diligence and site design, and will require considerable Staff time
to manage the actual construction. The Request for Proposal process for a private developer is more
practical and allows a private developer to manage design, financing, construction and operation with a
minimal amount of Staff involvement for this project. This approach is very similar to the Polar Star
development of Eagle Bend, Bufflo Ridge I and Kayak Crossing. A land lease is complated with terms that
would include the Town taking possession of the building once municipal bonds are paid in full. The Town
would have the option to continue with a private management company after recoverying posession.
REVIEW CRITERIA: Council must consider a set of review criteria when reviewing rezonings. The review
criteria is governed by Avon Municipal Code (“AMC”) §7.16.050, Rezonings. Staff has provided responses
to each review criteria within the attached Application.
FINDINGS: §7.16.050, Rezonings.
(1) Evidence of substantial compliance with the purpose of the Development Code has been
established within the application;
(2) This application is consistent with the 2017 Avon Comprehensive Plan as this parcel is slated for
Community Housing- recognized has an important use within the Plan;
(3) The physical suitability of the land for the proposed development or subdivision is sufficient for the
purposes of this rezoning;
(4) Compatibility with surrounding land uses is reasonable, as this area is comprised of a mix of
residential and neighborhood commercial uses;
(5) The proposed rezoning is justified by changed or changing conditions in the character of the area
proposed to be rezoned, especially as Community Housing is an established need;
(6) There are adequate facilities available to serve development for the type and scope suggested by
the proposed zone compared to the existing zoning, that will not affect the existing level of
services available currently;
(7) The rezoning is consistent with the stated purpose of the proposed zoning district: Community
Housing;
(8) The rezoning will not result in adverse impacts upon the natural environment, including air, water,
noise, stormwater management, wildlife and vegetation, and any impacts will be substantially
mitigated through future development applications;
(9) The rezoning will not result in significant adverse impacts upon other property in the vicinity of the
subject tract;
(10) As this rezoning is not within an existing PUD, consistency with a relevant PUD Master Plan is not
applicable; and
(11) Adequate mitigation may be required for future development applications as the rezoning will
result in greater intensity of land use or increased demands on public facilities and infrastructure;
however, during the next phase of entitlement.
REZ23001 A Rezoning Application: “Slopeside” Community Housing March 4, 2024 Page 6 of 6
And,
Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides
criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority
to administratively approve a development application. The reviewing authority shall be the
PZC and/or Town Council for all development applications which are subject to public
hearing. The reviewing authority shall review development applications for compliance with
all relevant standards and criteria as set forth in the specific procedures for the particular
application in this Development Code, as well as the following general criteria which shall
apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing
authority to determine that the development application complies with the relevant
review criteria;
(iii) The development application complies with the goals and policies of the recently
updated Avon Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity will
be mitigated by future development applications.
RECOMMENDED MOTION: “I move to approve First Reading of Ordinance 24-04, for the Rezoning of
Benchmark at Beaver Creek Subdivision Tract Y from Open Space, Landscaping, Drainage to Community
Housing High Density -1, based on the findings for §7.16.050 Rezonings and §7.16.010(f)(1) General
Criteria, as presented and outlined in the Staff report and application.”
Thank you, Jena
ATTACHMENT A: Ordinance 24-04
ATTACHMENT B: REZ23001 Slopeside Rezoning Application
Ord 24-04 Rezoning Slopeside BMBC Sub. TY OLD to RH Zone District
FIRST READING – March 12, 2024
Page 1 of 3
ORDINANCE 24-04
REZONING BENCHMARK AT BEAVER CREEK TRACT Y,
AVON, COLORADO, FROM OPEN SPACE, LANDSCAPING,
DRAINAGE TO COMMUNITY HOUSING HIGH DENSITY - 1
RECITALS
WHEREAS, the Avon Town of Avon (“Applicant”) submitted an application to rezone
Benchmark at Beaver Creek Subdivision Tract Y, Avon, Colorado (“Property”) from Open Space,
Landscaping, Drainage to Community Housing High Density-1 for the purpose of creating
Community Housing.
WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing
and posting notice as required by law, held public hearings on September 19, 2023 and January
26, 2024, and prior to formulating a recommendation to the Town Council considered all
comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of
Fact and a Record of Decision on October 17, 2023, and on February 6, 2024 when the revised
application was reheard by the PZC; and in accordance with AMC §7.16.020(f), then took action
to adopt a Findings of Fact and a Record of Decision on March 25, 2024, for a final
recommendation for the Town Council to approve this Application for Rezoning;
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law;
WHEREAS, pursuant to the home rule powers of the Town, the Avon Town Council
(“Council”) has the power to approve ordinances necessary and proper to provide for the
safety, preserve the health, promote the comfort, and convenience of its inhabitants;
WHEREAS, the Council held Public Hearings on October 10, 2023, and March 12, 2024,
after posting notice as required by law, considered all comments, testimony, evidence, Planning
and Zoning Commission recommendations, and Staff reports prior to taking action on the
Application;
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria and AMC §7.16.010(f)(1),
General Criteria, the Town Council has considered the applicable review criteria for rezoning and
finds that the criteria are met in accordance with these findings;
WHEREAS, the Property is owned by the Town of Avon which is currently zoned Open
Space, Landscaping, Drainage and the Property is intended for use as Community Housing;
Attachment A
Ord 24-04 Rezoning Slopeside BMBC Sub. TY OLD to RH Zone District
FIRST READING – March 12, 2024
Page 2 of 3
WHEREAS, the Council finds that the rezoning from Open Space, Landscaping, Drainage to
Community Housing High Density-1 will promote the Avon Comprehensive Plan and the Avon
Community Housing Plan, and will thereby promote the health, safety and welfare of the Avon
community; and
WHEREAS, approval of this Ordinance on First Reading is intended to confirm Council
desires to comply with the requirements of the Avon Home Rule Charter by setting a Public
Hearing in order to provide the public an opportunity to present testimony and evidence regarding
the application, and that approval of this Ordinance on First Reading does not constitute a
representation that Council, or any member of the Council, supports, approves, rejects, or denies
this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of Council.
Section 2. Rezoning. Benchmark at Beaver Creek Subdivision, Tract Y, Avon, Colorado, is
hereby rezoned from Open Space, Landscaping, Drainage to Community Housing High Density -
1.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. Council hereby declares that it would have passed this Ordinance and each provision
thereof, even though any one of the provisions might be declared unconstitutional or invalid. As
used in this Section, the term “provision” means and includes any part, division, subdivision,
section, subsection, sentence, clause or phrase; the term “application” means and includes an
application of an ordinance or any part thereof, whether considered or construed alone or together
with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30)
days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. Council hereby finds, determines and declares this Ordinance is
promulgated under the general police power of the Town of Avon, that it is promulgated for the
health, safety and welfare of the public and this Ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. Council further
determines that the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical, grammatical,
Ord 24-04 Rezoning Slopeside BMBC Sub. TY OLD to RH Zone District
FIRST READING – March 12, 2024
Page 3 of 3
cross-reference, or other errors which may be discovered in any documents associated with this
Ordinance and documents approved by this Ordinance provided that such corrections do not
change the substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on March 12, 2024 and setting such public hearing for Second reading for
March 26, 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ _____________________________________
Amy Phillips, Mayor Migual Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING on March 26, 2024.
BY: ATTEST:
____________________________ _____________________________________
Amy Phillips, Mayor Migual Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
___________________________
Nina P. Williams, Town Attorney
970-748-4023 jskinner@avon.org
SLOPESIDE COMMUNITY HOUSING PROJECT
APPLICATION TYPE: REZONING
FILE NUMBER: REZ23001
LOCATION: Benchmark at Beaver Creek Tract Y
Parcel No. 210512106003
https://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R017283
APPLICANT/OWNER: Town of Avon
REPRESENTATIVE: Jena Skinner, AICP
SECTION 1:APPLICATION INFORMATION
APPLICATION SUMMARY: In Avon’s goal to increase the number of dedicated workforce housing units along with a
secondary goal of diversifying its housing portfolio of unit types, the Town is currently seeking to rezone a parcel of
land owned by the Town, to create a unique, Community Housing development that focuses on rentals for seasonal
and or transient members of the workforce. This development necessitates the zone district of Community Housing
High Density - 1 (“CHHD-1”) to accomplish these goals.
The location of the subject parcel is adjacent to an existing commercial development, separated by an existing
parking lot. Typically, it is common to find high density developments adjacent to commercial areas, as activity within
these types of land uses have similar levels of intensity. Further, as a unique design element, this development
purposefully will limit vehicle parking spaces resulting in a complex that is able to fully maximize the parcel for
residences. This design mindset works well with this site because of its location. The site’s walkability to neighboring
commercial businesses, town center, park, and open spaces, as well as its location already on a local transit/bus
route, makes this an ideal parcel for this unique project and for this specific type of workforce.
BACKGROUND: The subject parcel has been
long overlooked as a location for development
for many years. It was part of the original
Benchmark at Beaver Creek Subdivision, and
has been zoned for Open Space, Landscaping,
Drainage (“OLD”), since at least 1991.
Understandably, Avon has not experienced the
population growth and pressure like we have
presently. Avon’s historical placement of high
density housing was situated along Hwy 6 near
Beaver Creek or the Elementary School, with
lower density housing (duplexes and 3 or 4 unit
townhomes) along Nottingham Rd. and W
Beaver Creek Blvd. towards the Town Core.
As Avon becomes built out in residential areas
and population and workforce demands
increase, looking at all available – and suitable,
parcels for development becomes necessary to
reassess. It is important to remember that costs are significantly less for Community Housing projects when the Town
owns the land. Avon also focused their activities at the Swift Gulch location, further to the east. Given that there is no
housing of this nature anywhere in town, having housing for seasonal employees in a resort town becomes very
Attachment B
Slopeside/BMBC TY Rezoning Application February 1, 2024
Page 2 of 7
important to support the predominant hospitality services Avon offers, and a fresh look at this parcel for the application
of Community Housing is warranted.
Adjacent to this parcel is the tail end of the Swift Gulch Addition/subdivision, planned as part of the overall Swift Gulch
public facilities property and what was first identified for workforce housing in 2015. The Swift Gulch Addition was
originally zoned for an anticipated “105 residential multiple family dwelling units and or commercial as allowed in the
SC (Shopping Center) zone district.” Subsequently, that parcel was rezoned for Public Facilities (public use) and a
public works/transit/fleet Campus.
This parcel also contains a portion of the pedestrian/bike trail that travels to Post Blvd, constructed in 2006, and the
Town’s Nottingham Puder Ditch that parallels Swift Gulch Road. Recently, this site was also identified as “Gateway”
and future designs for some sort of entry monument or signage will also need to be integrated into this location. As
part of the actual development project, these elements will be addressed in some fashion that will allow the site to
accommodate all of these components.
As part of the outfall of the pandemic, housing discussions and interactions have significantly increased. This is
primarily caused by the unforeseen number of people relocating to the mountains coupled with an extreme increase in
demand. The outfall: housing prices rose sharply and, in response, a dramatic increase in mortgage rates caused by
this inflation. Towns all over the nation are experiencing a workforce housing crisis presently and are still dealing with
the employment trends that have also been affected as an additional outcome of the pandemic.
Workers quit their jobs in record numbers in 2021, and 2022 as ample job opportunities and higher pay lured them
elsewhere. The good news is that the “quits rate” has steadily declined since peaking last year, and in April 2023, this
rate fell to its pre-pandemic average in 2019 1. However, with housing scarce or extremely expensive to buy or rent
currently- even with jobs available, positions remain difficult to fill without the ability to offer housing especially for
those not making 100%+ AMI wages. Towns like Vail have various forms of accommodations available for workers.
Unfortunately, Avon does not yet have as extensive a portfolio as Vail. Thinking ahead to diversifying housing
projects is a step heading in the best direction.
SECTION 2 : REVIEW CRITERIA:
The Town Council must consider a set of review criteria when reviewing rezonings. The review criteria is governed by
Avon Municipal Code (“AMC”) §7.16.050, Rezonings.
(1)Evidence of substantial compliance with the purpose of the Development Code;
Applicant Response: This rezoning is a small step to help increase Avon’s Community Housing efforts, and
may be considered an essential piece in supporting the Town's economic sustainability and the health, safety,
and general welfare of the Avon Community. This rezoning will require a site specific development review to be
examined and processed as a next step and once designed, having a property with the appropriate zoning to
site a Community Housing project, will improve the Town of Avon’s chances in receiving vital grant funding for
this type of Community Housing project. Preparing to create new housing projects with having available land at
the ready without finished concept plans is becoming as essential as having full design plans ready moving
forward.
As mentioned as a “next step”, the Town will engage in obtaining a consultant to create a design for this project.
During this process, the Town will ensure that all underlying code requirements for the requested zone district
will be met; however, Avon recognizes that flexiblity in in some of the development standards will be necessary
to achieve the desired number of units for this project. For instance, departing from the required number of
parking spaces as required by Code. As such, they will request flexibility through the Development Bonus
process.
1 U.S. Bureau of Labor Statistics JOLTS report, May 2023
Slopeside/BMBC TY Rezoning Application February 1, 2024
Page 3 of 7
(2) Consistency with the Avon Comprehensive Plan;
Applicant Response: On the first page of the Avon Community Housing Plan it quotes the 2017 Avon
Comprehensive Plan where, “Avon’s vision is to provide a high quality of life, today and in the future, for a
diverse population; and to promote their ability to live, work, visit, and recreate in the community.” It goes
on to state, “The Potential community benefits of increasing Community Housing efforts include:
• More housing choices;
• Increased economic stability and a more active year-round economy for local residents and
businesses;
• Greater ability to retain individuals and families throughout life and career phases, strengthening
the sense of community, opportunity, and quality of life;
• Increase Community Housing supply for job recruitment purposes;
• Create Community Housing in closer proximity to job centers with pedestrian connections and
availability of transit, in alignment with the Climate Action Plan goals.”
Goal 1 of this same plan is to, “Achieve a diverse range of
housing densities, styles, and types, including rental and for
sale, to serve all segments of the population.” This rezoning
offers the Town a parcel of land that is set up and ready to
invest in, for projects like the one that would be an asset at
this location. A project that fills in an income and lifestyle
gap for a workforce needed to support the economics of our
community, and by filling a need for businesses in having
housing that could be used for much-needed resort-oriented
workers.
The Future Land Use Plan establishes preferred
development patterns by designating land use categories for
specific geographical locations. While land use designations
depicted on the land use map do not supersede the Town’s
zoning districts and regulations, they display general land
use categories as a visual guide for the community based on
the goals, objectives, and policies presented within this
document. Currently, the Comprehensive Plan is being
amended to have the site designated as Community
Housing, as shown in the image, right.
Updating land use regulations with new development tools is also supported by the Avon Comprehensive Plan Policy C.1.1, which recommends to: Regularly update and enhance the Avon land use regulations and
District Master Plans for innovative design approaches and positive development outcomes. The
Comprehensive Plan is approaching a complete update (potentially 2025); however, the approved update with
Ordinance 24-02 centered on Community Housing works in harmony with this proposed zone change.
Recently, the Town adopted the addition of five (5) new Community Housing zone districts within the
Avon Municipal Code to ensure this regulatory element is up to date concerning density maximums
and definitive design “minimums.” If these zone districts are not quite “enough” to capture desired
design alternatives, the Development Bonus process is available to help with projects on a case-by-
case basis. The Community Housing Plan supports this action by encouraging “…incentives and
regulations to create a policy environment that is favorable for local housing.” Effectively,
having several Community Housing tools available to assist with potential projects, including design
Slopeside/BMBC TY Rezoning Application February 1, 2024
Page 4 of 7
flexibility, ensures that targeted areas for Community Housing align with the Town’s housing goals,
which is the first step in thinking ahead, adequately planning housing policies, and obtaining funding.
To encourage new development and redevelopment, Avon has to have various appropriate tools to
support projects that are best for the community and help attract project partners. In this case,
preparing town-owned lands to receive housing projects, as advocated by the Comprehensive and
Avon Community Housing plans, while being open to expanding on what kinds of housing programs
are needed to support these efforts, is the first step in responding to the housing crisis.
(3) Physical suitability of the land for the proposed development or subdivision;
Applicant Response: Although this property has a significant grade change from Swift Gulch Road to the
pedestrian path, the property is suitable for development as slopes do not exceed 40% (see image, next page.
In calculating the slope it appears to be approximately 21% overall). Completely walkable currently, this site
hosts the Nottingham Puder Ditch along the northern boundary, and the pedestrian trail at the tow of the slope.
Due to the condition of the Ditich, several large cottonwood trees have been removed in the last year, and
largely, the site is comprised of typcial, high-country /native grass cover and vegetation.
The Town realizes that the Ditch and pedestrian trail may have to be modified in order for the site to maximize
its potential. Options identified at this point include modifiying the ditch from being open to being piped
underground. As the ditch exits the Slopeside parcel, it currently goes underground at the western boundary,
under the parking lot and beyond, and to extend this pipe would be resonable through this location as well. As
far as the pedestrian path goes, the potential to move it closer/abutting or within the CDOT right-of-way
adjacent to the southern property line of the site could be persued as well. In recognizing these limited
constraints early in the design process, will be effective in designing the residential structure.
Water and sewer is accessible to this site, and Swift Gulch Road is wide and offers excellent site distance for
wherever the access is determined to be located.
This site does not contain any significant wildlife habitat or wildlife migration corridors.
Image: 2023
Slopeside/BMBC TY Rezoning Application February 1, 2024
Page 5 of 7
Image showing Width and Elevation
(4) Compatibility with surrounding land uses;
Applicant Response: The rezoning of this property to Community Housing High Density - 1 is appropriate
given that this property is within walking distance to commercial offerings like restaurants, transit, healthcare,
and other services within the Town Core.
Development on this site will not have an adverse effect- or any impact, to neighboring properties as there are
no adjacent developments to this location outside of the adjacent parking lot and commercial uses to the west.
Development on this site will not impede views, nor detract from the viability of the surrounding land uses.
(5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned;
Applicant Response: This rezoning is being sought directly in response changed conditions or housing
crisis Avon is experiencing and as mentioned earlier within this report. Namely, responding to the need to
invest in a diverse number of housing projects needed to support Avon’s economy, and in offering options for
Community Housing unlike any project within the Town of Avon.
(6) Whether there are adequate facilities available to serve development for the type and scope
suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development;
Applicant Response: This site is in excellent proximity to all necessary infrastructure without jeopardizing
any existing development, including the availability of water and sewer. The Town will seek these services
from the Eagle River Water and Sanitation District as a next step.
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
Applicant Response: The purpose of the Community Housing High Density - 1 (CHHD-1) is to
accommodate multi-family development in cost effective configuration, construction type and
Slopeside/BMBC TY Rezoning Application February 1, 2024
Page 6 of 7
density that permits a high number of residential units with a maximum of four (4) stories of
residential or three (3) stories of residential above one (1) level of at grade parking.
The recent Comprehensive Plan Amendment purposefully did not add suggested zone districts to the Future
Land Use Map so that individual projects would apply which Community Housing zone would best suit a
particular site, given its location and compatibility with neighboring developments. While it is imperative to
maximize density when designing a project for genuinely affordable housing units, it is also necessary to find
balance in developing a project that is not only within walking distance of amenities, services, and transit but
that a project should not overwhelm a parcel – especially a parcel like Slopeside, which is a highly-visual site
or gateway into Avon.
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon
the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated;
Applicant Response: The Town (so far and without a design), would like to possibly create a project with
respect to the property’s slopes and drainage, by avoiding developing where the onsite ditch is located, etc.
This will be accomplished by minimizing hardscapes and by not having an onsite parking lot and significant
landscaping. As mentioned in the Finding for property suitability, there are no significant impacts anticipated
to vegetation, wildlife, or to the natural environment. In regard to air quality, by having almost no parking and
by the residents not being dependent upon individual/personal vehicles, there will be no impact on this
particular element. Where noise is concerned, this area has existing vehicle noise due to I-70. Largely
generated during working hours, situating a residential development on this site should not be an issue after
typical working hours, as travel dissipates on I-70.
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract;
Applicant Response: Development of this site in the future will change the “feel” of the area in having a
residential development on a parcel that has been largely vacant for decade; however, that argument could
be made for any long-standing vacant parcel. In this case, it will not have any adverse impacts to the
neighboring properties. The project is also anticipated to not accommodate vehicles and as such, will not
add traffic to Avon’s road system. Public transit is already accommodated at this location, and this site is
highly walkable to neighboring restaurants, parks, and other amenities.
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and
Applicant Response: Not applicable.
(11) Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure.
Applicant Response: The Town will thoughtfully and thoroughly design a project that is properly mitigated
in changing its current use to residential. This will include any infrastructure modifications or expansions. As
previously mentioned, having existing water and sewer and public transit immediate to this location will be a
significant cost savings in servicing this development.
GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria,
which provides criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to
administratively approve a development application. The reviewing authority shall be the PZC and/or
Town Council for all development applications which are subject to public hearing. The reviewing
authority shall review development applications for compliance with all relevant standards and criteria
Slopeside/BMBC TY Rezoning Application February 1, 2024
Page 7 of 7
as set forth in the specific procedures for the particular application in this Development Code, as well as
the following general criteria which shall apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria;
(iii) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is mitigated
by the development application.
Applicant Response: This rezoning application is complete. Applicant believes sufficient information exists
to allow Council to review this application with the review criteria. Further, the recently approved code text
amendment application directly reflects the amendment to the Avon Comprehensive Plan. This rezoning
application will not impact demands for public services or infrastructure because it is not a true development
application; instead, it simply a rezoning for a Town-owned property slated for a future Community Housing
project.
CONCLUSION: If the Town is successful in achieving this rezoning, the following development “next steps” or
actions will occur:
• Producing an RFP for design services;
• Pursuing development and housing grants for this project;
• Obtaining consultants to produce geotechnical reports;
• Pursuing potential community development partners;
• Creating a concept plan to be examined by the Planning and Zoning Commission and Town Council.
This rezoning is an excellent first step in setting up the Town to pursue funding and in implementing a 100%, deed
restricted Community Housing project for Avon. Doing entitlement work in 2024 even before having any design plans,
positions the Town to more effectively plan for growth and in looking at the economic viability moving forward.
Importantly, in increasing our housing portfolio and in recognizing our essential workforce needs, Avon becomes an
even greater community.
EXHIBIT A: Supporting Maps
970.748.4012 eblock@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Emily Block, Development Coordinator
RE: PUBLIC HEARING: Ordinance 24-03
DATE: March 12, 2024
SUMMARY: This report presents Ordinance 24-03 (“Attachment A”) to Avon Town Council (“Council”) for
second and final reading. Ordinance 24-03 will re-instate high efficiency furnace and boiler requirements.
The minimum efficiency rating requirement (92%) was inadvertently removed from the Avon Municipal
Code when the Town Council approved International Energy Conservation Code (“IECC”) amendments in
April of 2023.
BACKGROUND: Council approved Ordinance 23-03, adopting additions that were recommended to the
IECC. In doing so, it was intended that these additions would be added to the existing Avon Municipal
Code Chapter 15.26.050, which included a paragraph that spoke to efficiency requirements for furnace and
boiler equipment. This section (which was originally approved via Ordinance 22-16) was repealed and
replaced with other IECC additions, however, the furnace and boiler requirements were lost. This is a
housekeeping matter, and Ordinance 24-03 would add back the one paragraph that had existed previously
with a few minor changes to verbiage.
These requirements are unique to Avon and do not exist in the 2021 IECC, therefore, we cannot enforce
this requirement without adding this paragraph back into the Avon Municipal Code. This section of the
Avon Municipal Code is a crucial component of our IECC, and is a standard that we reference often when
approving new heating equipment.
RECOMMENDATION: I recommend approving Ordinance 24-03 to re-enact the high efficiency furnace
and boiler equipment provisions that existed prior to April 2023. These amendments are consistent with
the Climate Action Collaborative’s recommendations.
OPTIONS:
• Approve Second Reading as drafted
• Continue to a future meeting.
• No action
RECOMMENDED MOTION: “I move to approve Ordinance 24-03, approving amendments to the building
code for boiler and furnace efficiency requirements.”
Thank you, Emily
ATTACHMENT A: Ordinance 24-03
Ord 24-03 Adoption Building Code Amendments
Page 1 of 3
ORDINANCE 24-03
AMENDING ITS ADOPTION BY REFERENCE OF THE 2021 INTERNATIONAL
ENERGY CONSERVATION CODE (IECC) AND MAKING CONFORMING
AMENDMENTS TO TITLE 15 REGARDING BOILER AND FURNACE EFFICIENCY
REQUIREMENTS
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council (“Council”) has the power to make
and publish ordinances necessary and proper to provide for the safety, preserve the health, promote
the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, pursuant to such authority, the Town has previously adopted Title 15 of the Town
of Avon Municipal Code (“Code”), regarding Buildings and Construction; and
WHEREAS, the Town Council adopted the 2021 International Building Codes, including the
International Energy Conservation Code (“IECC”), on December 13, 2022 by approving
Ordinance 22-16; and
WHEREAS, the Town Council adopted the Climate Action Plan 2020 Update, with the stated
priority goal of adopting above building code standards that are consistent throughout the region;
and
WHEREAS, in April 2023, Council approved Ordinance 23-03, with amendments to the IECC,
collectively referred here as the I-Codes, to improve the energy performance of building, and will
thereby promote the health, safety, resiliency, affordability, sustainability, and general welfare of
our community; and
WHEREAS, the addition of efficiency requirements to the adopted International Energy
Conservation Code will further our goals of reducing greenhouse gas emissions and will re-instate
a requirement that had already existed previously via Ordinance 22-16.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. International Energy Conservation Code Amendments. The Town Council
hereby approves the following amendments to the Avon Municipal Code by the addition of a new
section 15.26.050, and the respective re-numbering within Chapter 15.26, as follows:
15.26.050 More efficient furnace and boiler equipment
Ord 24-03 Adoption Building Code Amendments
Page 2 of 3
Equipment sizing and efficiency rating (Mandatory). Heating and cooling equipment
shall be sized in accordance with ACCA Manual S based on building loads calculated
in accordance with ACCA Manual J or other approved heating and cooling
calculation methodologies. All new or replacement heating and cooling equipment
(which includes boilers, furnaces, snowmelt, pool, spa, domestic hot water heater)
shall have an efficiency rating equal to or greater than the minimum required by
federal standards for the geographic location where the equipment is installed. All
gas fired boilers and furnaces shall have a minimum efficiency of 92% AFUE. A
condensate riser with a trap attached to the drain system must have neutralizer
draining into the sanitary sewer system.
15.26.0560 - Additions and Modifications to IECC.
…
15.26.0670 - Violation.
…
15.26.0780 - Penalty.
…
15.26.0890 - Repeal.
…
15.26.090100 - Validity.
…
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Ord 24-03 Adoption Building Code Amendments
Page 3 of 3
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on February 27, and setting such public hearing for March
12, 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
Ord 24-03 Adoption Building Code Amendments
Page 4 of 3
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on March 12,
2024.
BY: ATTEST:
____________________________ ____________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Town Council members
FROM: Eric Heil, Town Manager
Paul Redmond, Chief Finance Officer
RE: Sales Tax Exemption for Hygiene Products
DATE: March 6, 2024
SUMMARY: The report presents the topic of a potential sales tax exemption for hygiene products to the
Avon Town Council (“Council”). Council received public comment at the February 13, 2024 Council
meeting that the Town of Avon should consider adopting a sales tax exemption for hygiene products in
parallel to the exemption adopted by the State of Colorado in 2022. Any such sales tax exemption is
required to be adopted by ordinance. Staff requests direction on whether to prepare an ordinance to
present to Council adopting a similar sales tax exemption for hygiene products as is adopted by the State
of Colorado.
BACKGROUND: Effective January 1, 2023, Colorado enacted House Bill 22-1055, a state-level sales and
use tax exemption on the sale, storage, use or consumption of incontinence products, diapers, and period
products. The bill also recommended local governments adopt the same exemptions.
ANALYSIS: The assumptions are based on the Final Fiscal Notes for HB 22-1055 and the Avon, CO
Census Report in 2022. Period products mean consumer products used to manage menstruation. The
analysis assumes regular use of these products for women and girl ages 12 to 51 based on the average
age of first menstruation to menopause. In Avon, it assumed there are 1,803 individuals between the age
of 12 to 51. The average use of 4 products per day and an average cost $0.35 per product, would result in
$151,529 in local revenue. Overall, the decrease in revenue from a sales tax exemption on period products
for the Town is estimated to be $6,061.
Incontinence Products and Diapers means absorbent cloth or disposable products worn by humans who
are incapable of, or have difficulty, controlling their bladder or bowel movements. Diaper use for the infant
and child population for the Town of Avon was based on the 2022 census data. It is assumed the Town
has a population of 330 children between the ages of 0 to 5. It is assumed a child will use an average of 8
products per day with an average price of $0.40 per product. The local revenue generated from diaper
sales would be estimated at $385,685 per year. Overall, the decrease in revenue from the sale tax
exemption on children’s diapers would be $15,427. It is assumed that 35% of the adult population over the
age of 50 would use adult incontinence products. The average person would spend $1400 a year on these
expenses. The estimated revenue from the sales tax exemption for adult incontinence products is
$11,985.04.
Thank you, Eric and Paul
ATTACHMENT A – House Bill 22-1055
ATTACHMENT B – Final Fiscal Note HB 22-1055
HOUSE BILL 22-1055
BY REPRESENTATIVE(S) Lontine and Herod, Bacon, Bernett, Cutter,
Duran, Esgar, Froelich, Hooton, Jodeh, Kipp, McLachlan,
Michaelson Jenet, Sirota, Titone, Young, Amabile, Bird, Boesenecker,
Caraveo, Daugherty, Exum, Gonzales-Gutierrez, Gray, Kennedy, Lindsay,
McCormick, Mullica, Ricks, Roberts, Sullivan, Tipper, Valdez A.,
Valdez D., Weissman, Woodrow, Garnett;
also SENATOR(S) Jaquez Lewis and Winter, Buckner, Gonzales, Story,
Bridges, Coleman, Danielson, Donovan, Fields, Hansen, Hinrichsen,
Kolker, Lee, Moreno, Pettersen, Priola, Rodriguez, Fenberg.
CONCERNING A SALES AND USE TAX EXEMPTION FOR ESSENTIAL HYGIENE
PRODUCTS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 39-26-717, amend
(2)(k) and (2)(1); and add (1)(a.5), (1)(b.5), (2)(m), and (2)(n) as follows:
39-26-717. Drugs and medical and therapeutic devices -
legislative declaration - definitions - repeal. (1) As used in this section,
unless the context otherwise requires:
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
ATTACHMENT A
(a.5) "INCONTINENCE PRODUCTS AND DIAPERS" MEANS ABSORBENT
CLOTH OR DISPOSABLE PRODUCTS WORN BY HUMANS WHO ARE INCAPABLE
OF, OR HAVE DIFFICULTY, CONTROLLING THEIR BLADDER OR BOWEL
MOVEMENTS.
(b.5) "PERIOD PRODUCTS" MEANS CONSUMER PRODUCTS USED TO
MANAGE MENSTRUATION.
(2) The following are exempt from taxation under part 1 of this
article 26:
(k) All sales of nonprescription drugs or materials when furnished
by a practitioner as part of professional services provided to a patient; and
(I) All sales of corrective eyeglasses, contact lenses, or hearing aids;
AND
(m) (I) ALL SALES OF PERIOD PRODUCTS PURCHASED ON AND AFTER
JANUARY 1, 2023.
(II) IN ACCORDANCE WITH SECTION 39-21-304 (1), WHICH REQUIRES
EACH BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX
PREFERENCE PERFORMANCE STATEMENT AS PART OF A STATUTORY
LEGISLATIVE DECLARATION, THE GENERAL ASSEMBLY HEREBY FINDS AND
DECLARES THAT:
(A) THE GENERAL LEGISLATIVE PURPOSE OF THE EXEMPTION
ALLOWED BY THIS SUBSECTION (2)(m) IS TO PROVIDE TAX RELIEF FOR
CERTAIN INDIVIDUALS;
(B) THE SPECIFIC LEGISLATIVE PURPOSE OF THE EXEMPTION
ALLOWED BY THIS SUBSECTION (2)(m) IS TO INCREASE THE AFFORDABILITY
OF PERIOD PRODUCTS AND TO REDRESS THE INEQUITABLE BURDEN THAT THE
IMPOSITION OF SALES TAX PLACES ON MILLIONS OF WOMEN IN COLORADO
FOR WHOM SUCH PRODUCTS ARE ESSENTIAL; AND
(C) IN ORDER TO ALLOW THE GENERAL ASSEMBLY AND THE STATE
AUDITOR TO MEASURE THE EFFECTIVENESS OF THE EXEMPTION, THE STATE
AUDITOR SHALL IDENTIFY AVAILABLE DATA SOURCES AND ESTIMATE THE
SAVINGS THAT THE EXEMPTION PROVIDES TO TAXPAYERS IN COLORADO FOR
PAGE 2-HOUSE BILL 22-1055
ATTACHMENT A
WHOM PERIOD PRODUCTS ARE ESSENTIAL DURING THE STATE AUDITOR'S
EVALUATION OF THE EXEMPTION PURSUANT TO SECTION 39-21-305.
(III) NOTWITHSTANDING SECTION 39-21-304 (4), THE EXEMPTION IN
THIS SUBSECTION (2)(m) CONTINUES INDEFINITELY.
(n) (I) ALL SALES OF INCONTINENCE PRODUCTS AND DIAPERS
PURCHASED ON AND AFTER JANUARY 1, 2023.
(II) IN ACCORDANCE WITH SECTION 39-21-304 (1), WHICH REQUIRES
EACH BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX
PREFERENCE PERFORMANCE STATEMENT AS PART OF A STATUTORY
LEGISLATIVE DECLARATION, THE GENERAL ASSEMBLY HEREBY FINDS AND
DECLARES THAT:
(A) THE GENERAL LEGISLATIVE PURPOSE OF THE EXEMPTION
ALLOWED BY THIS SUBSECTION (2)(n) IS TO PROVIDE TAX RELIEF FOR
CERTAIN INDIVIDUALS;
(B) THE SPECIFIC LEGISLATIVE PURPOSE OF THE EXEMPTION
ALLOWED BY THIS SUBSECTION (2)(n) IS TO INCREASE THE AFFORDABILITY
OF INCONTINENCE PRODUCTS AND DIAPERS AND TO REDRESS THE
INEQUITABLE BURDEN THAT THE IMPOSITION OF SALES TAX PLACES ON
MILLIONS OF PARENTS, INDIVIDUALS CARING FOR INFANTS AND YOUNG
CHILDREN, AND OTHER USERS OF INCONTINENCE PRODUCTS IN COLORADO
FOR WHOM SUCH PRODUCTS ARE ESSENTIAL; AND
(C) IN ORDER TO ALLOW THE GENERAL ASSEMBLY AND THE STATE
AUDITOR TO MEASURE THE EFFECTIVENESS OF THE CREDIT, THE STATE
AUDITOR SHALL IDENTIFY AVAILABLE DATA SOURCES AND ESTIMATE THE
SAVINGS THE EXEMPTION PROVIDES TO TAXPAYERS IN COLORADO FOR WHOM
INCONTINENCE PRODUCTS AND DIAPERS ARE ESSENTIAL DURING THE STATE
AUDITOR'S EVALUATION OF THE EXEMPTION PURSUANT TO SECTION
39-21-305.
(III) NOTWITHSTANDING SECTION 39-21-304 (4), THE EXEMPTION IN
THIS SUBSECTION (2)(n) CONTINUES INDEFINITELY.
SECTION 2. In Colorado Revised Statutes, 29-2-105, add
(1)(d)(I)(Q) and (1)(d)(I)(R) as follows:
PAGE 3-HOUSE BILL 22-1055
ATTACHMENT A
29-2-105. Contents of sales tax ordinances and proposals.
(1) The sales tax ordinance or proposal of any incorporated town, city, or
county adopted pursuant to this article 2 shall be imposed on the sale of
tangible personal property at retail or the furnishing of services, as provided
in subsection (1)(d) of this section. Any countywide or incorporated town
or city sales tax ordinance or proposal shall include the following
provisions:
(d) (I) A provision that the sale of tangible personal property and
services taxable pursuant to this article 2 shall be the same as the sale of
tangible personal property and services taxable pursuant to section
39-26-104, except as otherwise provided in this subsection (1)(d). The sale
of tangible personal property and services taxable pursuant to this article 2
shall be subject to the same sales tax exemptions as those specified in part
7 of article 26 of title 39; except that the sale of the following may be
exempted from a town, city, or county sales tax only by the express
inclusion of the exemption either at the time of adoption of the initial sales
tax ordinance or resolution or by amendment thereto:
(Q) THE EXEMPTION FOR SALES OF PERIOD PRODUCTS AS SPECIFIED
IN SECTION 39-26-717 (2)(m).
(R) THE EXEMPTION FOR SALES OF INCONTINENCE PRODUCTS AND
DIAPERS AS SPECIFIED IN SECTION 39-26-717 (2)(n).
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 4-HOUSE BILL 22-1055
ATTACHMENT A
November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
Alec Garnett
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Steve Fenberg
PRESIDENT OF
THE SENATE
e44de .0( ileatkoat.
obin ones Cindi L. Markwell
CHIEF CLERK OF THE USE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED Tu44.t 604,-- I 1,1
(Date and Time)
Jarel P lis
DOVE' OR OF TATE OF COLORADO
PAGE 5-HOUSE BILL 22-1055
ATTACHMENT A
Page 1
August 30, 2022 HB 22-1055
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0024
Rep. Lontine; Herod
Sen. Jaquez Lewis; Winter
Date:
Bill Status:
Fiscal Analyst:
August 30, 2022
Signed into Law
David Hansen | 303-866-2633
David.Hansen@state.co.us
Bill Topic: SALES TAX EXEMPTION ESSENTIAL HYGIENE PRODUCTS
Summary of
Fiscal Impact: ☒State Revenue
☒State Expenditure
☐State Transfer
☒TABOR Refund
☒Local Government
☐Statutory Public Entity
The bill exempts period products and incontinence products from sales and use taxes
beginning January 1, 2023. The bill decreases state revenue on an ongoing basis,
will minimally increase state workload during implementation, and will decrease
ongoing local government revenue for those that conform to the state tax base.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the enacted bill, and was updated to reflect additional
information.
Table 1
State Fiscal Impacts Under HB 22-1055
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue General Fund ($6.2 million) ($13.0 million)
Expenditures - -
Transfers - -
Other Budget Impacts TABOR Refund ($6.2 million) ($13.0 million)
ATTACHMENT B
Page 2
August 30, 2022 HB 22-1055
Summary of Legislation
The bill exempts purchases of period products and incontinence products from state sales and use tax
beginning January 1, 2023.
State Revenue
The bill is estimated to decrease General Fund revenue by $6.2 million in FY 2022-23 and by
$13.0 million in FY 2023-24, with ongoing impacts in subsequent years that will grow with population
growth and inflation. The impact in FY 2022-23 represents a half-year impact. Sales and use tax
revenue is subject to TABOR.
Data and Assumptions
Period products. The analysis was based on estimated use of the bill’s exempted products for
impacted demographic groups. For period products, the analysis assumes regular use of these
products for women and girls ages 12 to 51 based on the average age of first menstruation to
menopause from National Institutes of Health data. In Colorado, the State Demographer projects
there will be between 1,598,426 and 1,615,701 women and girls ages 12 to 51 from FY 2022-23 to
FY 2023-24. The demand among users of these products was adjusted downward to exclude those
who are expected to not be menstruating during pregnancy or nursing based on projected births in
the state. Based on this adjusted population, there will be an estimated 88.0 million to 88.9 million
likely menstrual days each year during the analysis period.1 Assuming 40.4 percent of users of period
products use tampons and 59.6 percent use pads or sanitary napkins, and average use of 4.0 products
per day, there will be demand for about 143.0 million tampons and 211.0 million pads in the state each
year. Lastly the revenue impact assumes an average inflation-adjusted price of about $0.24 per
tampon and $0.22 per pad during the analysis period. Overall, the decrease in revenue from period
products is $1.1 million in FY 2022-23 and $2.3 million in FY 2023-24.
The degree that actual use of period products differs from the above assumptions could increase or
decrease the estimated revenue impact. For instance, the analysis does not factor in the use of sponges,
cups, or other products that are included in the bill, or the use of period products for other reasons
than menstruation, both factors that could increase the revenue impact. On the downside, the analysis
does not factor in reduced menstruation or use of period products from causes other than pregnancy,
such as surgical procedures, health conditions, or other means.
Infant and child diaper use. Diaper use for the infant and child population was based on the state’s
projected population of children ages 0 to 5 years from the Colorado State Demography Office.
Assuming a projected average of 208,300 children less than 27 months through FY 2023-24 utilize
about 8.0 diapers per day, and that 95.5 percent of children use disposable diapers, the demand for
disposable diapers will be about 581 million each year during the analysis period. The remaining
children are assumed to use cloth diapers. For the projected 174,700 children ages 27 months to
5 years, it is assumed about 8.0 percent use an average of one disposable diaper each day based on
rates of night-time only use in older children, or an average of 5.1 million disposable diapers each year
during the analysis period. Assuming an average inflation-adjusted unit cost of $0.32 per disposable
1 Menstrual days was calculated assuming an average cycle length of 28 days and 4.5 days per period based on National Institutes
of Health data.
ATTACHMENT B
Page 3
August 30, 2022 HB 22-1055
diaper, and an average one-time cloth diaper cost of about $410, the bill will decrease revenue from
these products by an estimated $2.6 million in FY 2022-23 and $5.5 million in FY 2023-24.
The degree that actual infant and child diaper use differs from the assumptions used in this analysis
could increase or decrease the estimated revenue impact. For instance, the use of diapers for reasons
other than infant and child care, or for those older than age 5 could increase the revenue impact.
Alternatively, if caretakers reduce diaper use significantly before 27 months, or that children over this
age require fewer diapers at night, the revenue impact could be lower.
Incontinence products. A study on the direct cost of urinary incontinence in the U.S. found the cost
in 1995 was $16.3 billion.2 Further, an analysis of the cost of urinary incontinence among women
estimated that diaper purchases and incontinence pads comprised about 40 percent of the annual cost
of routine products and care, costs the researchers noted accounted for 50 percent to 75 percent of the
above cited direct costs.3 Inflating the per capita cost for the adult population of urinary incontinence
using the Consumer Price Index, based on projections in the December 2021 Legislative Council Staff
Forecast, assuming 60 percent of the total cost of urinary incontinence is spent on routine
care products, and applying the estimated cost of incontinence products to the projected adult
population in Colorado, the bill will decrease revenue in FY 2022-23 by an estimated $2.5 million and
by $5.2 million in FY 2023-24. The degree that actual incontinence product use differs from the
assumptions used in this analysis could increase or decrease the estimated revenue impact.
State Expenditures
The bill will minimally increase workload for the Department of Revenue to update sales and use tax
guidance and forms. The bill also increases workload in the Office of the State Auditor to review this
tax expenditure. The fiscal note assumes that workload impacts can be met with existing resources.
Other Budget Impacts
TABOR refunds. The bill is expected to decrease the amount of state revenue required to be refunded
to taxpayers by the amounts shown in the State Revenue section above. This estimate assumes the
March 2022 Legislative Council Staff revenue forecast. A forecast of state revenue subject to TABOR
is not available beyond FY 2023-24. Because TABOR refunds are paid from the General Fund,
decreased General Fund revenue will lower the TABOR refund obligation, but result in no net change
to the amount of General Fund otherwise available to spend or save.
2 Wilson, Leslie, Brown, Jeanette S., Shin, Grace P., Luc, Kim-Oanh, and Subak, Leslee L., Annual Direct Cost of Urinary Incontinence,
National Institutes of Health, PubMed, 2001.
https://pubmed.ncbi.nlm.nih.gov/11530119/
3 Subak, Leslee L. et al. High Costs of Urinary Incontinence Among Women Electing Surgery to Treat Stress Incontinence, National
Institutes of Health, PubMed, 2008.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2593129/#R1
ATTACHMENT B
Page 4
August 30, 2022 HB 22-1055
Local Government
The bill will decrease sales and use tax revenue for state-collected local governments and special
districts that incorporate the exemption and conform to the state tax base. The bill includes each
exemption among other optional sales and use tax exemptions for state-collected city and county
governments. The impact to cities and counties cannot be estimated due to data availability.
The bill will decrease revenue for state-collected special districts that conform to the state tax base.
Among the largest special districts are the Regional Transportation District (RTD) and the Scientific
and Cultural Facilities District (SCFD). Based on the size of each district’s tax base compared with the
state tax base, decreased revenue is estimated as follows:
RTD – The bill will reduce revenue to RTD by an estimated $1.2 million in FY 2022-23 (half-year
impact) and by $2.4 million in FY 2023-24.
SCFD – The bill will reduce revenue to SCFD by an estimated $116,800 in FY 2022-23 (half-year
impact) and by $244,300 in FY 2023-24.
The bill will decrease revenue for other special districts across the state, but the impact cannot be
estimated due to data availability.
Effective Date
The bill was signed into law by the Governor on June 3, 2022, and it took effect on August 9, 2022,
except the sales and use tax exemptions take effect January 1, 2023.
State and Local Government Contacts
Counties Information Technology
Legislative Council Staff Municipalities
Office of Legislative Legal Services Revenue
Regional Transportation District Special Districts
State Auditor
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.
ATTACHMENT B
(970) 748-4055 predmond@avon.org
TO: Honorable Mayor Phillips and Council Members FROM: Paul Redmond, Town of Avon Chief Finance Officer
RE: 2024 Avon DDA Reimbursement Agreement
DATE: March 6, 2024
SUMMARY: This report presents to the Avon Town Council (“Council”) a draft Reimbursement Agreement for
any tax increment collected from the Avon Station, Confluence and Village Metropolitan Districts. This
Reimbursement Agreement was approved by the Avon DDA Board of Directors on February 5, 2024. This
reimbursement is the same as the Avon Urban Renewal Authority reimbursement agreement for Avon Station
and Confluence Metropolitan Districts. The Avon Town Council approved these metropolitan districts within the
Town of Avon to provide independent revenues paid for by project properties for public infrastructure, so it would
be counterproductive to Councils prior approvals to reduce the property tax revenues for those metropolitan
districts.
BACKGROUND: Town Council adopted the Avon DDA Plan document, amendments to the Avon Municipal
Code and set the special election with Ordinance No. 23-02. The election was held on August 29, 2023 and
voters approved the formation of the Avon DDA.
The Avon DDA Plan was formally adopted on October 2, 2023. The Avon DDA Plan reads in part:
7.3 Project Revenues, c. Confluence Metropolitan District, Avon Station Metropolitan
District, Village Metropolitan Districts. The Town will enter into intergovernmental
agreements with Avon Station Metropolitan District, Confluence Metropolitan Districts,
and Village Metropolitan Districts (“District IGAs”). Pursuant to the District IGAs, the
Avon DDA Board shall remit to the Districts any tax increment receipts resulting from
real property taxes and specific ownership taxes from property within the boundaries of
the Districts as of the date of the District IGA, that would otherwise be payable to the
Districts, except for any incremental real property taxes or specific ownership taxes
generated by an increase in the total number of permitted dwelling units or commercial
square footage in the zoning entitlements existing as of the date of the District IGAs. The
Town shall continue to remit such receipts, if any, to the Confluence Metropolitan
District, Avon Station Metropolitan Districts, and Village Metropolitan District until
December 31, 2053, or such longer period if the Avon DDA is term is extended by
statute, or as otherwise negotiated.
The proposed Reimbursement Agreement is implementation of this provision of the Avon DDA Plan document.
The total tax increment financing the Avon Downtown Development Authority is projected to generate in 2024 is
$52,760. This is based on the taxable assessed value of $726,020.
AVON STATION METROPOLITAN DISTRICT: The District was established to supply the necessary services of
parking areas and/or structures, transportation, water, and wastewater mainlines, streets, bridges and other
improvements needed for the area.
CONFLUENCE METROPOLITAN DISTRICT: Confluence Metropolitan District was established to supply the
necessary services of parking areas and/or structures, transportation, water, and wastewater mainlines, streets,
bridges and other improvements needed for the area.
Avon Station Metropolitan District joined with Confluence Metropolitan District in adopting an Amended and
Restated Consolidated Service Plan in March 2006. Under this consolidated service plan, Confluence will be the
“service district” and Avon Station will be the “financing district.” As such, Confluence Metropolitan District will be
responsible for managing the construction and operation of facilities and improvements needed for the Avon
Page 2 of 2
Station area and Avon Station Metropolitan District will be responsible for providing the funding and tax bases
needed to support the financing plan for capital improvements.
In 2024, Confluence Metropolitan District did not levy any mills for property taxes for 2023 to be paid in 2024. The
Confluence Metropolitan District will not receive any rebates as they did not levy any mills.
Avon Stations will use property tax revenues as they did levy 67.299 mills for general operating expenses and
provided services. The total revenue generated tax increment will be approximately $33,812. The projected
amount of tax increment to be rebated is projected for 2024 to be approximately $18,401 from the Avon
Downtown Development tax increment.
VILLAGE AT AVON METROPOLITAN DISTRICT: The district was established to provide financing for the
construction of streets and safety control, water systems, sewer systems, parks and recreation facilities, safety
protection, fire protection, transportation systems, television relay, mosquito control and the operation and
maintenance of the district. Under the Consolidated Service Plan, the District is intended to be the Financing
District related to Traer Creek Metropolitan District (Traer Creek) as the Service District for the development of the
service area, which encompasses the area of both Districts. The District and Traer Creek operate under an
intergovernmental agreement with the Town and a related Public Improvement Corporation.
In 2024, The Village at Avon Metropolitan District will have revenues generated from tax increment revenues of
approximately $12,316. The Village at Avon levied 16.503 mills for 2023 to be paid in 2024. The projected
amount of TIF rebate from the Avon Downtown Development Authority is projected for 2024 to be approximately
$2,797.
COUNCIL APPROVAL: The Avon Home Rule Charter requires intergovernmental agreements with a term
longer than 10 years must be approved by at least five Council members.
REQUESTED DIRECTION: Staff recommends Council adopt the Resolution as presented.
PROPOSED MOTION: “I move to approve the Intergovernmental Agreement between Town of Avon, Avon
Downtown Development Authority, Confluence Metropolitan District, Avon Station Metropolitan District, and
Village Metropolitan District Concerning Remittance of Certain Tax Increment Receipts.”
ATTACHMENT A: Reimbursement Agreement
Thank you, Paul
1
INTERGOVERNMENTAL AGREEMENT
BETWEEN TOWN OF AVON, AVON DOWNTOWN DEVELOPMENT
AUTHORITY, CONFLUENCE METROPOLITAN DISTRICT, AVON STATION
METROPOLITAN DISTRICT, AND VILLAGE METROPOLITAN DISTRICT
CONCERNING REMITTANCE OF CERTAIN TAX INCREMENT RECEIPTS
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into on
March 12, 2024, by and between the TOWN OF AVON, a Colorado municipal corporation
(“Town”), the AVON DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate of the
State of Colorado (“Avon DDA”), the CONFLUENCE METROPOLITAN DISTRICT, a quasi-
municipal corporation of the State of Colorado, the AVON STATION METROPOLITAN
DISTRICT, a quasi-municipal corporation of the State of Colorado, and the VILLAGE
METROPOLITAN DISTRICT, a quasi-municipal corporation of the State of Colorado
(collectively, the “Districts”).
RECITALS
WHEREAS, the Avon DDA was organized pursuant to and in accordance with C.R.S. § 31-25-
801, et seq. (“DDA Statutes”); and
WHEREAS, the Avon DDA is a quasi-governmental entity that provides organizational focus
and financing to support downtown economic developments and improvements; and
WHEREAS, in particular and more specifically, the purpose of the Avon DDA includes
development of Community Housing in the Avon Downtown Area to provide additional
workforce housing and to sustain and enhance a critical mass of residents in the Avon
Downtown Area necessary to support neighborhood businesses and to support the public
infrastructure and public facilities which sustain and enhance the attractiveness of business
investment in the Avon Downtown Area; and
WHEREAS, in furtherance of its organization and purpose the Avon DDA adopted the Avon
Downtown Development Authority Plan, dated October 2, 2023 (“DDA Plan ”); and
WHEREAS, pursuant to the DDA Plan, the Avon DDA Board may approve financing by any
method authorized under the DDA Statutes or any other applicable law, including without
limitation, the use of property tax increments; issuance of notes and bonds in an amount
sufficient to finance all or part of the DDA Plan; borrowing of funds and creation of
indebtedness; advancement and reimbursement agreements; federal or state loans or grants;
interest income; annual appropriation agreements; agreements with public or private entities;
and loans, advances and grants from any other available sources; and
WHEREAS, the Districts are quasi-municipal corporations organized to provide certain public
improvements; and
ATTACHMENT A: Reimbursement Agreement
2
WHEREAS, the Districts’ ability to issue bonds and otherwise fund operations, maintenance
and administrative expenses will be impaired if the Districts are not able to impose and collect
real property taxes, and associated specific ownership taxes; and
WHEREAS, the execution of this Agreement is necessary to ensure certain tax increment
receipts, if received by the Avon DDA, are remitted to the Districts; and
WHEREAS, the parties desire to establish their agreement relating to the remittance of such tax
increment receipts pursuant to this Agreement.
NOW, THEREFORE, in consideration of the covenants and mutual agreements herein
contained, and the receipt of other good and valuable consideration, the amount and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
COVENANTS AND AGREEMENTS
1. Remittance of Certain Tax Increment Receipts. The Town and Avon DDA shall remit to
the Districts any tax increment receipts resulting from real property taxes and specific
ownership taxes from property within the boundaries of the Districts as of the date of this
Agreement, that would otherwise be payable to the Districts, except for any incremental
real property taxes or specific ownership taxes generated by an increase in the total
number of permitted dwelling units or commercial square footage in the zoning
entitlements existing as of the date of this Agreement. The Town and the Avon DDA shall
continue to remit such receipts, if any, to the Confluence Metropolitan District, Avon
Station Metropolitan District, and Village Metropolitan District until December 31, 2053,
or such longer period if the Avon DDA term is extended by statute, or as may be otherwise
negotiated.
2. Defined Terms. Capitalized terms not otherwise defined in this Agreement shall have the
meaning set forth in the Avon DDA Plan, adopted on October 2, 2023, and as may be
amended from time to time.
3. Miscellaneous. This Agreement shall be enforceable in accordance with the laws of the
State of Colorado and may be specifically enforced by any party hereto. No amendment
or assignment of this Agreement shall be permitted without the mutual written agreement
of the other parties.
[Execution Page Follows]
ATTACHMENT A: Reimbursement Agreement
3
EXECUTED AS OF THE DATE AND YEAR FIRST WRITTEN ABOVE
TOWN OF AVON:
By:_______________________________ ATTEST:______________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva
APPROVED AS FORM: ___________________________________
Nina Williams, Town Attorney
AVON DOWNTOWN DEVELOPMENT CONFLUENCE METROPOLITAN
AUTHORITY DISTRICT
By:_________________________________ By:____________________________
Chairperson President
ATTEST ATTEST
By:__________________________________ By:____________________________
Secretary Secretary
AVON STATION METROPOLITAN VILLAGE METROPOLITAN
DISTRICT DISTRICT
By:__________________________________ By:____________________________
President President
ATTEST ATTEST
By:__________________________________ By:____________________________
Secretary Secretary
ATTACHMENT A: Reimbursement Agreement
970-748-4087 ewood@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Elizabeth Wood, Communications Manager
RE: 2023 Website Analytics
DATE: March 5, 2024
BACKGROUND: Users of the Avon.org and DiscoverAvon.org websites are tracked using Google
Analytics. These analytics can be useful in helping to understand what pages are most popular, how people
use our website, and the amount of time spent on Avon.org.
In 2023, the Avon.org saw about a 40% increase in overall page views. The DiscoverAvon.org site saw a
35% increase in page views.
A report of website analytics is shared each year with Avon’s Leadership Team to review how people find
information for different departments. During the 2024 summer events season, analytics will be reported
monthly for each event page.
The ultimate goal of understanding website analytics is to optimize the website’s performance and improve
the user experience. This information can also be used to guide where information is found on the website.
Attachment A: Website Analytics Presentation
Thank you, Liz
2023 Website Analytics
March 12, 2024
2023 Website Analytics
March 12, 2024
Elizabeth Wood, Communications Manager
ATTACHMENT A
2023 Website Analytics
March 12, 2024
Avon.org Top 10 Pages –2022 v. 2023
Page Name Views Time
Home Page 64,841 0:34
Rec Center 33,648 1:14
Aquatics 17,894 0:36
Salute 15,536 0:37
Transit 15,056 0:40
AvonLIVE!15,024 0:41
CASE 14,168 0:34
Jobs 12,232 1:04
Nottingham Park 10,307 1:47
Calendar 8,978 1:04
2022 Page Name Views Time
Home Page 91,716 0:31
Jobs 68,164 0:35
Rec Center 57,713 0:26
Calendar 43,024 1:26
AvonLIVE!20,844 0:40
Aquatics 19,977 0:46
Salute 19,862 0:52
Staff Directory 17,488 1:01
Transit 17,023 0:19
CASE 15,324 0:18
2023
2023 Website Analytics
March 12, 2024
Avon.org –2022 v. 2023Notable Information
•40% increase in total views
•Average engagement time –0:55
•Total 2023 Website Views: 656,000
Top Search Terms
•Pickleball (120)
•Jobs (115)
•Fireworks (101)
•Parking (95)
•Yoga (85)
•Bus Schedule (73)
•Concerts (40)
Top Downloaded Documents
•Fitness Schedule (28,675)
•Rec Center Rate Sheet (14,974)
•22-23 Bus Schedule (11,022)
•Aquatics Schedule (7,005)
•23-24 Winter Bus Schedule (6,860)
2023 Website Analytics
March 12, 2024
Discover Avon Top 10 Pages –2022 v. 2023
Page Name Views Time
Home Page 2,192 0:34
Things to do/Events 1,442 0:48
Things to do 1,311 0:13
5 Things -Summer 866 2:17
AvonLIVE!579 0:59
Lake & Beach 517 1:16
Outdoor Recreation 512 0:15
Salute 485 3:09
Nottingham Park 426 0:20
Food & Drink 422 2:23
2022 Page Name Views Time
Home Page 2,583 0:15
Things to do/Events 2,330 0:47
Things to do 1,438 0:15
5 Things –Summer 1,334 0:59
Things to do/Shop 979 0:39
Lake & Beach 769 0:27
AvonLIVE!715 0:41
Outdoor Recreation 606 0:20
Food & Drink 17,023 0:19
Kids Activities 15,324 0:18
2023
2023 Website Analytics
March 12, 2024
DiscoverAvon.org –2022 v. 2023
Notable Information
•35% increase in total views
•Average engagement time –0:54
•Total 2023 Website Views: 23,000
•Average # pages per session: 2.53
2023 Website Analytics
March 12, 2024
2023 Website Analytics
March 12, 2024
Elizabeth Wood, Communications Manager
Elizabeth Wood, ewood@avon.org | (970) 748-4087
970.748.4004 eric@avon.org
O: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager
RE: Resolution 24-08 Adoption a Flag Policy
DATE: March 8, 2024
SUMMARY: This report presents a legal analysis and options for adoption of a flag policy by Resolution.
Adoption of a Resolution requires a majority vote of the Council members present. A policy adopted by
resolution may be amended or repealed by adoption of a subsequent resolution by Council in the future.
Avon Town Council has directed staff to raise the Ukrainian national flag on two occasions and a pride flag
on two occasions. The Town has otherwise not raised any flags on Town flag poles other than the United
States flag, Colorado flag, and Town of Avon flag. Recent public comments have requested Council to
adopt a flag policy.
RECOMMENTATION: I recommend Council adopt Option 1 of Resolution 24-08 Adopting a Flag Policy
so that the Town does NOT use Town flag poles for government speech and continues the policy of all
Town flag poles are NOT a public forum. The debates concerning the Town flying other flags as
government speech have been distracting from Town business. There are other methods by which the
Town can display government speech or promote support for Town events, including but not limited to the
use of banners on street lights and the use of the Rail Road bridge digital sign.
PROPOSED MOTION: “I move to approve Option 1 of Resolution 24-08 Adopting a Flag Policy.”
Thank you, Eric
ATTACHMENT A: Legal Memorandum
ATTACHMENT B: Resolution Option 1 and Option 2
ATTACHMENT C: Example Flag Policies from other jurisdictions
1314 Main Street, Suite 101, Louisville, CO 80027
(303) 376-8510
wwfdlaw.com
MEMORANDUM
To: Mayor and Town Council of Avon
From: Town Attorney Nina P. Williams
Date: March 4, 2024
Re: Establishing a Formal Flag Policy
I. Introduction
A. The Town Attorney’s Office prepared this Memo at the direction of Town Council to:
1.Research the legalities of flag policies; and
2. Present options for a Flag Policy.
B. Two options for a Resolution regarding a Flag Policy are attached to this Memo.
II.Legal Analysis
In 2022, the Supreme Court of the United States issued an opinion regarding the City of
Boston’s refusal to permit a group to fly their flag on one of the City’s three flagpoles at the City
Hall Plaza.1 The first pole flew the American flag and a banner honoring POWs and soldiers
missing in action.2 The second pole flew the Commonwealth of Massachusetts’ flag and the third
flag pole usually, but not always, flew the City of Boston’s flag.3 Boston made City Hall Plaza
available to the public for events and conceded that this resulted in the plaza being a public forum.
The City’s policy was “[w]here possible, to accommodate all applicants seeking to take advantage
of the City of Boston’s public forums,” which included the plaza and the area at the flagpoles’
base.
Since 2005, the City allowed groups to hold flag-raising ceremonies at the plaza and raise
the flag of their choosing on the third flagpole (in place of the City’s flag). These ceremonies and
events typically lasted a few hours and varied from the raising of flags of other countries to pride
flags to emergency medical service workers flags. Between 2005 and 2017, 284 ceremonies
involved the raising of around 50 flags that were approved by the City and the City had no record
of refusing to fly a flag until 2017. In 2017 Harold Shurtleff, the director of a group called Camp
Constitution, requested to hold an event to “commemorate the civic and social contributions of the
Christian community” with remarks from local clergy. The group also wanted to fly their
“Christian flag” which depicted a red cross on a blue field on a white background. The
Commissioner of Boston’s Property Management Department denied this request on the grounds
that flying a religious flag at City Hall would violate the Constitution’s Establishment Clause and
a determination that the City had no record of ever raising such a flag. While he told Shurtleff the
1 Shurtleff v. City of Boston, 142 S.Ct. 1583 (2022).
2 Id. at 1587.
3 Id. at 1588.
ATTACHMENT A
1314 Main Street, Suite 101, Louisville, CO 80027
(303) 376-8510
wwfdlaw.com
group could proceed – so long as they raised a different flag - they decided not to and filed suit
asserting, in relevant part, a violation of the First Amendment’s Free Speech Clause.4
The questions before the Supreme Court were (1) whether the flags Boston allowed groups
to fly expressed government speech and (2) whether Boston could deny the group’s flag-raising
request without violating the Free Speech Clause.
First, if Boston’s flag-raising program constituted government speech, then the City could
appropriately refuse flags based on viewpoint. The First Amendment’s Free Speech Clause does
not prohibit the government from declining to express a viewpoint. The government is allowed to
“state an opinion, to speak for the community, to formulate policies, or to implement programs”
and it can choose what it wants to say and what it does not want to say.
However, government speech and private expression can become blurred when a
government invites people to participate in a program. For example, the Supreme Court has held
that messages of permanent monuments “in a public park constituted government speech, even
when the monuments were privately funded and donated.” It also found that license plate designs
proposed by private groups were government speech because, in part, the State issuing the plates
maintained control over the messages conveyed by actively reviewing designs and rejecting some
proposals.5 In contrast, trademarking symbols and words generated by private registrants was not
government speech because the Patent and Trademark Office did not “exercise sufficient control
over the nature and content of those marks to convey a governmental message.”
In Shurtleff, the Court first looked at the history of flag flying at City Hall in Boston and
determined its typical raised American flag, state flag, and city flags and their various flying
positions typically conveyed the City’s messages or government speech.6 However, the Court also
assessed whether or not the other 20 or so times a year Boston allowed private groups to raise their
own flags on the City’s flag pole expressed the City’s message/constituted government speech and
whether or not the public would “tend to view the speech at issue as the government’s.” It
recognized that, at times, a passerby would likely associate the flags raised as part of the City’s
position and identity while at other times it may see private citizens at the base of a flag pole and
associate the flag replacing the City’s flag with that group. Consequently, this mixed perception
did not end the Court’s analysis.
Next, the Court determined that the “extent to which Boston actively controlled these flag
raisings and shaped the messages the flags sent” was the most salient feature of this case and
concluded that Boston did not actively control the flag raisings or the messages the flags sent.7
While it recognized that the City controlled an event’s date and time to avoid conflicts, the physical
premises to avoid chaos, and provided a hand crank to allow groups to raise their flags, the City’s
control over the flags’ content and meaning was the key. Boston asserted that all or most of the 50
flags it approved reflected “city-approved values or views” but the Court found that was not
4 Id. at 1589.
5 Id. at 1590.
6 Id. at 1591.
7 Id. at 1592.
1314 Main Street, Suite 101, Louisville, CO 80027
(303) 376-8510
wwfdlaw.com
convincing as, for example, it was “difficult to discern a connection to the city” when a local Credit
Union raised a flag during a ceremony by a local community bank.
The evidence demonstrated that prior applications to raise a flag did not include a process
that required the review of the flag to be flown. In fact, the prior practice was to approve flag
raisings without exception. Furthermore, the City had no written policies or clear internal
guidelines surrounding what flags could be flown and what the flags would communicate. The
Court contrasted this with other scenarios where Cities approved monuments in public parks and
also discussed a City of San Jose policy that explicitly stated that its “flagpoles are not intended to
serve as a forum for free expression by the public” and identified approved flags that could be
flown as an expression of the City’s “official sentiments.”8 The Court concluded that Boston’s
“lack of meaningful involvement in the selection of flags or the crafting of their messages” resulted
in the flag raisings as being categorized as private, not government, speech.
In light of the foregoing, the Court then assessed whether or not Boston’s refusal to allow
Shurtleff to fly his group’s flag resulted in impermissible viewpoint discrimination. It stated that
when a “government does not speak for itself, it may not exclude speech based on ‘religious
viewpoint’ as doing so ‘constitutes impermissible viewpoint discrimination.’” Since Boston’s flag-
raising program was not considered an expression of government speech, the City’s refusal to
allow the Christian flag resulted in discrimination based on religious viewpoint and violated the
Free Speech Clause.
III.Options
A. Option 1 – Proposed Resolution – County, State, and Town Flag Only
Option 1 contains a proposed Resolution that clarifies that the Town’s flagpoles are not to
be considered a “public forum” and the Town does not accept applications from third parties to
raise, fly, or otherwise display flags on Town owned flag poles. The only flags that may be raised,
flown, or otherwise displayed on Town owned flag poles are the United States Flag, the Colorado
State Flag, and the Town of Avon Flag in accordance with State and Federal law and directives.
The purpose of preparing the Flag Policy Resolution in this manner is to promote the health,
safety, and general welfare of the Avon community as it avoids an appearance of preference by
the Town of Avon of one group, cause, or concern over another.
B. Option 2 – Proposed Resolution – Flying an Extra Flag or Flags
Option 2 contains a proposed Resolution that clarifies that the Town’s flagpoles are not to
be considered a “public forum” and the Town does not accept applications from third parties to
raise, fly, or otherwise display flags on Town owned flag poles. However, this option provides a
process by which the Town Council can choose to raise, fly, or otherwise display an extra flag or
flags, other than the United States flag, the Colorado State flag, and the Town of Avon flag on
Town owned flag poles as a form of government speech.
8 Id. at 1593.
Resolution 24-08 Adopting a Flag Policy
March 12, 2024
Page 1 of 1
RESOLUTION 24-08
ADOPTING A FLAG POLICY
WHEREAS, the Town of Avon (“Town”) is a home rule municipality of the State of Colorado
and is empowered to adopt policies by Resolution; and
WHEREAS, the Avon Town Council (“Council”) desires to adopt a policy regarding displaying
of flags on Town owned flag poles; and
WHEREAS, Council desires Town owned flag poles to remain as NOT a public forum for free
speech or free expression by the public and the Town does not accept applications from third
parties to raise, fly, or otherwise display flags on Town owned flag poles; and
WHEREAS, Council desires to NOT use Town flag poles for governmental speech other than
displaying the United States flag, State of Colorado flag, and Town of Avon flag; and
WHEREAS, Council finds that the adoption of this resolution will promote the health, safety, and
general welfare of the Avon community by clarifying the Town’s Flag Policy.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO that:
1.The Town shall only raise, fly, or otherwise display the United States flag, the Colorado State
flag, and the Town of Avon flag on Town owned flag poles in accordance with State and
Federal law and direction.
2.Town owned flag poles are not a public forum for speech or free or private expression by the
public.
3.The Town shall not accept applications or requests by third parties or individuals to display
any other flags on Town flag poles.
ADOPTED on March 12, 2024 by the AVON TOWN COUNCIL.
By: Attest: ___________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT B: Option 1
Resolution 24-08 Adopting a Flag Policy
March 12, 2024
Page 1 of 2
RESOLUTION 24-08
ADOPTING A FLAG POLICY
WHEREAS, the Town of Avon (“Town”) is a home rule municipality of the State of Colorado;
and
WHEREAS, the Town is empowered to establish policies by Resolution; and
WHEREAS, the Avon Town Council (“Council”) wishes to establish a policy regarding the
raising, flying, or otherwise displaying of flags on Town owned flag poles; and
WHEREAS, from time to time, the Town raises, flies, or otherwise displays flags on Town owned
flag poles; and
WHEREAS, the Town does not accept applications from third parties to raise, fly, or otherwise
display flags on Town owned flag poles; and
WHEREAS, the interpretation of constitutional law which delineates governmental speech from
private expression in a public forum was recently reiterated in Shurtleff v. City of Boston, 142 S.Ct.
1583 (2022); and
WHEREAS, Town owned flagpoles are not to be considered a public forum for speech or free
expression by the public; and
WHEREAS, Town owned flagpoles are to be utilized for an expression of “government speech;”
and
WHEREAS, the Town shall routinely raise, fly, or otherwise display the United States Flag, the
Colorado State Flag, and the Town of Avon Flag on Town owned flag poles in accordance with
State and Federal law and direction; and
WHEREAS, when desired, the Avon Town Council shall determine what extra flag or flags may
be raised, flown, or otherwise displayed on Town owned flagpoles and the time frame and place
that they will be raised, flown, or displayed only after an affirmative vote of the majority of the
Town Council quorum present occurs; and
WHEREAS, the Avon Town Council finds that the adoption and implementation of this
Resolution will promote the health, safety, and general welfare of the Avon community as it
permits the Town Council to decide and retain control over what flags are raised, flown, or
otherwise displayed on Town owned flagpoles and the manner in which an extra flag may be
selected and results in Town owned flag poles retaining the characteristic of government speech.
ATTACHMENT B: Option 2
Resolution 24-08 Adopting a Flag Policy
March 12, 2024
Page 2 of 2
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO that:
1.Town does not accept applications from third parties to raise, fly, or otherwise display flags
on Town owned flag poles.
2.Town owned flag poles are a form of government speech, not a public forum for speech or
free expression by the public.
3.The Town shall routinely raise, fly, or otherwise display the United States Flag, the Colorado
State Flag, and the Town of Avon Flag on Town owned flagpoles in accordance with State
and Federal law and direction.
4.When desired by Council, Council shall determine what extra flag or flags may be raised,
flown, or otherwise displayed on Town owned flagpoles and the time frame and place they
will be raised, flown, or displayed, only after the adoption of a resolution stating the reason
for displaying a particular flag or flags which resolution is approved by an affirmative vote
of the majority of the Town Council quorum present.
ADOPTED on March 12, 2024 by the AVON TOWN COUNCIL.
By: Attest: _________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
Created: 2023-08-21 14:13:46 [EST]
(Supp. No. 4, Update 4)
Page 1 of 5
Sec. 26.510.120. Policies regarding signage on public property.
The purpose of these regulations is to establish reasonable regulations for the posting of temporary signs,
displays and banners on certain public property. These regulations include signs on public rights-of-way, banners,
and flags on light posts on Main Street, signs in City parks, displays in City parks, signs hung across Main Street at
Third Street, and signs on public buildings. These regulations shall be read in conjunction with this Chapter and are
not intended to supersede this Chapter's regulation of signs.
Temporary signs and displays provide an important medium through which individuals may convey a variety
of noncommercial and commercial messages. However, left completely unregulated, temporary signs and displays
can become a threat to public safety as a traffic hazard and detrimental to property values and the City's overall
public welfare as an aesthetic nuisance. These regulations are intended to supplement this Chapter and to assist City
staff to implement the regulations adopted by the City Council. These regulations are adopted to:
(a) Balance the rights of individuals to convey their messages through temporary signs or displays and the
right of the public to be protected against unrestricted proliferation of signs and displays;
(b) Further the objectives of this Chapter; and
(c) Ensure the fair and consistent enforcement of the sign and display regulations specified below.
This Section, "policies regarding signage on public property," states: "It shall be unlawful to erect or maintain any
sign in, on, over or above any land or right-of-way or on any property, including light posts, belonging to the City
without the permission of the City Council." Sign permits issued by the City Manager or his or her designee, that are
in conformance with these regulations shall constitute City Council permission within the meaning of this Section,
Signs on public rights-of-way. Applications for sign permits that do not comply with these regulations shall be
forwarded to the City Council for consideration if requested by the applicant.
(a) Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the
same as the definitions used in this Chapter, Signs. In addition, the following definitions shall apply:
(1) Banner means any sign of lightweight fabric, plastic or similar material that is attached to any
structure, pole, line or vehicle and possessing characters, letters, illustrations or ornamentations.
(2) Banner, Light Post means any sign of lightweight fabric, plastic or similar material that is attached
to a light post and possessing characters, letters, illustrations or ornamentations which meets the
dimensional requirements for and is intended to be installed on municipal light posts.
(3) Display means any symbol or object that does not meet the definition of a sign as defined in this
Code, but like a sign is intended to convey a message to the public.
(4) Flag means any fabric or bunting containing distinctive colors, patterns or symbols, which meets
the dimensional requirements and is intended to be installed on municipal light posts.
(5) Public Right-of-Way means the entire area between property boundaries which is owned by a
government, dedicated to the public use or impressed with an easement for public use; which is
primarily used for pedestrian or vehicular travel; and which is publicly maintained, in whole or in
part, for such use; and includes without limitation the street, gutter, curb, shoulder, sidewalk,
sidewalk area, parking or parking strip, pedestrian malls and any public way.
(6) Sign means and includes the definition for sign as contained in Section 26.104.100, Definitions, of
this Code. The term shall also include displays as that term is defined above.
(7) Sign, Inflatable means any inflatable shape or figure designed or used to attract attention to a
business event or location. Inflatable promotional devices shall be considered to be temporary
signs under the terms of this Chapter and, where applicable, subject to the regulations thereof.
ATTACHMENT C: Example City of Aspen
Created: 2023-08-21 14:13:46 [EST]
(Supp. No. 4, Update 4)
Page 2 of 5
(b) Signs on Public Rights-of-Way.
(1) Purpose. The purpose of this policy is to regulate signs permitted to be located temporarily in the
public right-of-way. Temporary signs are permitted in public rights-of-way if the following policies
and procedures are followed. These regulations do not apply to banners on the Main Street light
posts or hanging across Main Street that are subject to different regulations and criteria.
(2) Size/Number/Material. Only two (2) signs per person/event/organization are permitted. Signs shall
not exceed ten (10) square feet each and banners shall not exceed fifty (50) square feet. Banners
must be made of nylon, plastic or similar type material. Paper signs and banners are prohibited.
(3) Cost/Fees/Procedures. Applicants shall be required to pay the necessary fees for approval from the
Special Events Committee. Any event not requiring review by the Special Events Committee shall
submit a sign plan to the Community Development Department for review and approval for a fee
as outlined in Chapter 26.104.072, Zoning Fees, of this Code. Applications must be received a
minimum of thirty (30) days prior to the event. The applicant shall also submit a refundable security
deposit as outlined in the current fee schedule to be applied to any damages, repairs or the cost
of removal if not corrected/removed by the applicant within three (3) days.
(4) Duration. Temporary signs authorized pursuant to this Section shall be erected and maintained for
a period not to exceed eighteen (18) days.
(5) Maintenance. All signs and banners shall be maintained in an attractive manner, shall not impede
vehicular or pedestrian traffic and shall not pose a safety risk to the public.
(6) Exceptions. Any exceptions from the above requirements shall require City Council review and
approval.
(c) Banners and Flags on Main Street Light Posts.
(1) Purpose. Banners and flags hung from light posts on Main Street have traditionally been permitted
to further a variety of interests, such as to celebrate special events of community interest. The
purpose of these policies and regulations is to clarify the manner of displaying banners or flags
hung from the City-owned light posts on Main Street.
(2) Eligibility. Only City-owned flags or banners are permitted on Main Street light posts.
(3) Size/Number/Material. All proposed banners or flags should meet the City's specifications for size,
mounting and material. Banners shall be two (2) feet wide and four (4) feet high to be compatible
with mounting system on the light posts. Banners and flags must be made of nylon, plastic or
similar material. Paper is not allowed.
(4) Copy. The City reserves the right to request changes to the design, color or copy in order to assist
the applicant in complying with this policy.
(5) Cost/Fees/Procedures. The cost of installation is outlined in the current fee schedule as amended
from time to time. A refundable security deposit as outlined in the current fee schedule shall be
required to assure replacement of damaged banners and retrieval of the banners from the City
(see Section (g) below for maintenance requirements). The applicant shall submit an application
to the City Manager's office showing the dimensions, design and colors of the proposed banners
or flags at least three (3) months prior to the event. Flags are required to be delivered to the City
Parks Department one (1) week prior to the event. Banners shall be delivered to the Utility
Department on Fridays at least two (2) weeks prior to their installation.
(6) Duration. The display of banners and flags on the Main Street light posts shall not exceed fourteen
(14) days or the duration of the event, whichever is less.
Created: 2023-08-21 14:13:46 [EST]
(Supp. No. 4, Update 4)
Page 3 of 5
(7) Maintenance. Prior to the placement of banners or flags on City street light posts, the applicant
shall provide to the City a number of replacement flags or banners to be determined by the City.
These replacement flags or banners shall be used by the City to replace banners or flags that are
stolen or damaged. The cost of replacing banners or flags shall be deducted from the security
deposit. Once banners have been removed, the applicant shall be required to pick up the banners
from the City within three (3) days.
(d) Signs in City Parks.
(1) Purpose. Unattended signs are generally prohibited in City parks. The purpose of this policy is to
regulate unattended temporary signs that are permitted in limited circumstances in City parks.
(2) Size/Number/Material. Unattended temporary signs located in City parks shall be limited in size to
three (3) feet by six (6) feet. Two (2) signs per person, organization or sponsor are allowed to face
towards the event venue, and five (5) signs are allowed to face towards the public rights-of-way.
These signs are not allowed to extend more than ten (10) feet above grade. Banners must be made
of nylon, plastic or similar material. Paper banners and flags are prohibited. The Special Events
Committee may approve one (1) inflatable per event of no more than twenty (20) feet in height if
a suitable on-site location can be provided and if there is a demonstrable community benefit.
(3) Location. Signs shall be set back at least ten (10) feet from the public right-of-way.
(4) Cost/Fees/Procedures. Applicants shall be required to pay the necessary fees for approval from the
Special Events Committee. Any event not requiring review by the Special Events Committee shall
submit a sign plan to the Community Development Department for review and approval for a fee
as outlined in the current fee schedule. The applicant shall also submit a refundable security
deposit as outlined in the current fee ordinance to be applied to any damages, repairs or the cost
of removal if not corrected/removed by the applicant within three (3) days. The applicant shall
receive the necessary approval prior to the installation of any signs. Applications must be received
no later than thirty (30) days prior to the event.
(5) Duration. Unattended temporary signs may be erected and maintained only for the duration of the
event or forty-eight (48) hours, whichever is less. All signs must be removed immediately following
the event.
(6) Maintenance. All signs must be maintained in an attractive manner, shall not impede vehicular or
pedestrian traffic and shall not pose a safety risk to the public. A fifty dollar ($50.00) refundable
security deposit will be required to ensure compliance.
(f) Signs Across Main Street at Third Street.
(1) Purpose. The purpose of this policy is to regulate signs permitted to be located temporarily across
the Main Street right-of-way at Third Street. Temporary signs shall be permitted in this location if
the following policies and procedures are followed. These regulations do not apply to banners on
the Main Street light posts or signs other than those hanging across Main Street at Third Street.
(2) Eligibility. Only City-owned banners are permitted on signs extending across the Main Street right-
of-way at Third Street.
(3) Size/Number/Material. Banners must consist of the following specifications:
a.Any type of durable material;
b.Semicircular wind holes in banner;
c.Metal rivets at all corners and every twenty-four (24) inches along the top and bottom of the
banner;
Created: 2023-08-21 14:13:46 [EST]
(Supp. No. 4, Update 4)
Page 4 of 5
d.Size will be twelve (12) feet in length and three (3) feet in width.
(4) Cost/Fees/Procedures.
a.Main Street banner application and banner policy and procedure form must be obtained
from the City Manager's office and completed by the party making the request and returned
to the City Manager's office no less than thirty (30) days prior to the date requested to hang
the banner.
b.The exact legend of the banner must be indicated in writing (see specific area on application
form). Sponsors are advised that banners are most visually effective when kept simple: i.e.,
event, date organization and logo.
c.The cost of installation is outlined in the current fee schedule as amended from time to time,
and must accompany the application form and be reviewed in the City Manager's office thirty
(30) days prior to the date the banner will be hung. All organizations will be charged the same
rate, accordingly.
d.All banners should be delivered directly to the Electric Department, which is located in back
of the Post Office at 219 Puppy Smith Road, by noon the Friday prior to the Monday hang
date. Any banner not delivered by noon the prior Friday is subject to an additional fifty-dollar
($50.00) charge.
e.Please pick up the banner from the Electric Department within thirty (30) days after the
display week(s). The City assumes no responsibility for banners, and any banners left more
than thirty (30) days may be discarded.
(5) Eligibility. The City provides space to hang four (4) single-sided banners and two (2) double-sided
banners across Main Street. Reservations will be taken each year on November 1st for the following
year. The first organization to have their contract negotiated, signed and paid will be offered the
banner space on a first come, first serve basis.
(6) Duration. One (1) banner, per event, may be hung for a maximum of fourteen (14) days, as per
Subsection 26.510.040(a)(1). Banner approvals are not guaranteed and will only be hung upon
availability of the Electric Department staff. The length of time that a banner is to be hung is not
guaranteed and may be shortened at the discretion of the City. Based on his/her judgment as to
the best interest of the City, the City Manager may determine which banners are to be given
priority when there are multiple requests for the same time period.
(7) Maintenance. All banners shall be maintained in an attractive manner.
(8) Exceptions. Any exceptions from the above requirements shall require City Council review and
approval.
(g) Signs on Public Buildings.
(1) Purpose. This subsection establishes a policy for the installation of sign on public buildings owned
by the City.
(2) Eligibility. Only City-owned signs are permitted on public buildings.
(3) Size/Number/Material. All proposed signs should meet the City's specifications for size, mounting
and material.
(4) Copy. The City reserves the right to request changes to the design, color or copy in order to assist
the applicant in complying with this policy.
(5) Cost/Fees/Procedures. The cost of installation is outlined in the current fee schedule as amended
from time to time. A refundable security deposit as outlined in the current fee schedule shall be
Created: 2023-08-21 14:13:46 [EST]
(Supp. No. 4, Update 4)
Page 5 of 5
required to assure replacement of damaged banners and retrieval of the banners from the City
(see subsection (g) below for maintenance requirements). The applicant shall submit an application
to the City Manager's office showing the dimensions, design and colors of the proposed signs.
(6) Duration. The display of signs on public buildings shall not exceed fourteen (14) days or the
duration of the event, whichever is less.
(7) Maintenance. Prior to the placement of signs on public buildings, the applicant shall provide to the
City a number of replacement signs, which matching the existing signs, to be determined by the
City. These replacement signs shall be used by the City to replace signs that are stolen or damaged.
The cost of replacing signs shall be deducted from the security deposit. Once signs have been
removed, the applicant shall be required to pick up the signs from the City within three (3) days.
( Ord. No. 17-2010, § 1 ; Ord. No. 14-2013, § 1 ; Ord. No. 22-2017 )
Created: 2023-07-18 09:16:23 [EST]
(Supp. No. 4)
Page 1 of 2
Sec. 3-25-1. Display and handling of the national and state flags.
(A) Purpose. The purpose of this administrative regulation is to set forth a City-wide policy relative to the display
of the national and state flags.
(B) Scope. This regulation shall be applicable to all City departments.
(C) Amendment. The City Manager may amend the procedures and content set forth in this regulation as required.
(D) Policy. The City's policy relative to the display of the national and state flags at City facilities shall be in
accordance with USC, title 36, chapter 10 and Colorado Revised Statutes, 29-10.5.101.
(1) Display.
(a) The United States (U.S.) flag and the State of Colorado flag shall be flown daily at City-operated
facilities, as designated by the City Manager. It is universal custom to fly flags only from sunrise to
sunset or 24 hours a day if properly illuminated during the hours of darkness. All-weather flags
shall be used to allow display even in inclement weather. Flags shall be made in the United States.
(b) The U.S. flag and the State flag shall be of the same size. When using separate flagpoles for the U.S.
and State flags, the flagpoles shall be of equal length. When hung from the same pole, the U.S. flag
shall be flown above the State flag; and the State flag shall be hung in such a manner as not to
interfere with any part of the U.S. flag. When displaying various flags, U.S. flag shall be placed in
the position of first honor at all times and the State flag shall be placed in the position of second
honor.
(c) Display of POW/MIA flag at City Hall. The National League of Families Prisoner of War/Missing in
Action flag shall be flown on the same flagpole as the U.S. flag. It shall be flown immediately below
the U.S. flag.
(d) Display of Flags in the City Council Chamber.
(i) The U.S. flag shall be displayed in the first position of honor. This position is on the Mayor
and City Council's right as they face the audience. The State flag shall be displayed in the
second position of honor. This position is on the Mayor and City Council's immediate left as
they face the audience.
(ii) Any other flag approved by the City Council for the Council Chamber shall be displayed to
the left of the State flag. This position is on the Mayor and City Council's far left as they face
the audience.
(e) Display of U.S. flag on public rights-of-way. The U.S. flag mounted on flagpoles shall be displayed
along Main Street and Townsend Avenue utilizing angled brackets mounted to utility poles from
dawn to dusk (or as further noted) on the following days:
(i) Memorial Day. Memorial Day is observed on the last Monday of May each year. Flag shall be
displayed continuously for a period of up to seven days preceding and up to two days
following Memorial Day on street light poles which provide sufficient light to properly
illuminate the flag during hours of darkness.
(ii) June 14 (Flag Day).
(iii) Fourth of July (Independence Day). Flag shall be displayed continuously for a period of up to
seven days preceding and up to four days following Fourth of July on street light poles which
provide sufficient light to property illuminate the flag during hours of darkness.
(iv) November 11 (Veterans Day).
ATTACHMENT C: Example Town of Montrose
Created: 2023-07-18 09:16:23 [EST]
(Supp. No. 4)
Page 2 of 2
(f) Display of flags at half-staff.
(i) The flags shall be flown at half-staff for a period to be prescribed under the following
circumstances:
(I) On the death of the following individuals: President, ex-President, or President
elect, Vice President, Chief Justice or retired Chief Justice of the United States, or
the Speaker of the House of Representatives, other designated federal officials.
(II) At the direction of the President.
(III) At the direction of the Governor.
(IV) On May 15 (Peace Officers Memorial Day) from sunrise to dusk.
(V) On Memorial Day from sunrise to noon.
(VI) On September 11 (Patriot Day) from sunrise to dusk.
(VII) During Fire Prevention Week (as proclaimed annually by the President of the
United States (typically in October)).
(VIII) On December 7 (Pearl Harbor Remembrance Day) from sunrise to dusk.
(IX) In those instances when employees of the City of Montrose have been killed in
the line of duty or have died as a direct result of injuries incurred while in the
performance of official duties.
(X) On other occasions at the direction of the City Council or City Manager.
(2) Honoring the flag.
(a) The flag should be hoisted briskly and lowered ceremoniously.
(b) When flown at half-staff, the flag should be first hoisted to the peak for an instant and then
lowered to half-staff position. The flag should be again raised to the peak before it is lowered for
the day or remain at the peak if illuminated. In the case of a wall mounted flag pole of insufficient
length to lower the flag to half-staff, a mourning ribbon shall be affixed at the upper grommet of
the flag at times when the flag is to be flown at half-staff.
(c) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be
destroyed in a dignified way, preferably by burning.
(Reg. of 2-24-2016)
ATTACHMENT C: Example Town of Empire
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Danita Dempsey, CASE Manager
RE: AvonLIVE! Talent Agreement
DATE: March 4, 2024
SUMMARY: The AvonLIVE! Talent Agreement is presented to the Council for approval. This agreement
addresses the talent acquisition and stage production (lighting, sound, and backline) costs for all eleven
(11) AvonLIVE! shows including the second annual Battle of the Bands. The total amount of the Talent
Agreement is $209,675 and accounted for in the 2024 Approved Budget. Town Council approval is required
for any agreement or contract over $100,000.
BACKGROUND: On behalf of former Mayor Sarah-Smith Hymes, Town Manager, Eric Heil executed a
two-year agreement with Peak Performances, Inc. on March 31, 2022, for AvonLIVE! talent acquisition and
stage production for the 2022 and 2023 season. This Agreement term has ended and a new Agreement
for the 2024 AvonLIVE! series is being presented.
TERMS: This Talent Agreement provides 50% payment upfront, which is necessary to provide available to
cash to Peak Productions for required deposits on band bookings. Talent bookings are often dynamic and
fast paced, so the availability of initial funds is required to secure opportunities for high quality talent.
Paragraph 1.E. acknowledges the intention to continue similar contracts in 2025 (which obligation is subject
to annual budget and appropriation). Avon often negotiates three-year contracts with re-occurring services
and conducts an RFP (Request for Proposal) once every three years. Peak Production, Inc., has supported
AvonLIVE! with talent booking since its inception.
Staff will release an (1) RFP for talent acquisition and an (2) RFP for stage production (lights, sound,
backline) will be released in April 2024 for the years 2025 through 2027. Peak Performances is unique in
its ability to offer both talent acquisition and stage production and Staff anticipates Peak Performances, Inc.
will present a strong proposal to the RFP.
Avon’s Talent Agreement includes a “Morality Clause” (Paragraph 6) which provides Avon the discretion to
cancel talent who becomes subject to significant negative publicity due to acts of such talent.
FINANCIAL CONSIDERATIONS: The 2024 Approved Budget includes $209,675 for talent acquisition, and
stage production in the Culture, Arts and Special Events program.
RECOMMENDATION: I recommend approval of the Talent Agreement with Peak Performances, Inc. for
AvonLIVE! 2024.
PROPOSED MOTION: “I move to approve the Talent Agreement with Peak Performances, Inc. for the
2024 AvonLIVE! concert series.”
Thank you, Danita
ATTACHMENT:
Attachment A - Talent Agreement with Peak Performances Inc.
2024 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc.
February 23, 2024
Page 1 of 13
TALENT AGREEMENT FOR THE
2024 AVONLIVE! CONCERT SERIES
THIS AGREEMENT (“Agreement”) is made and entered into on February 26, 2024, by and
between the Town of Avon (“Avon”), a Colorado home rule municipality, and Peak Performances
Inc. (“Contractor”) (individually referred to as a “Party” and collectively referred to as the
“Parties”).
In consideration of the mutual promises and agreements herein contained and for other good and
valuable consideration, and on behalf of themselves, their successors and assigns, the parties hereto
agree as follows:
RECITALS
WHEREAS, Avon is producing a series of eleven (11) free concerts known as the AvonLIVE!
concert series at the Avon Pavilion in Nottingham Park on Wednesday evenings; and,
WHEREAS, Avon desires to hire Contractor to arrange for music talent, light and sound support
for the 2024 AvonLIVE! concert series, (the “Events”).
NOW, THEREFORE, for good and valuable consideration, including the mutual promises
contained herein, the sufficiency of which is acknowledged and accepted by the Parties, the Parties
agree as follows:
TERMS AND CONDITIONS:
1.Events. The Town of Avon is producing the AvonLIVE! concert series; therefore, no special
event permit is required.
A. The Premises for the Events as described in Exhibit A: Description of Premises.
B. This Permit grants Contractor the right, and imposes the duty, to use the Premises as
defined in this Agreement for the purpose of arranging live music performances for the
Events, as is more specifically described in Exhibit B: Event Description, subject to
compliance with the terms and conditions of this Agreement. The dates and hours of
use of the Premises are described in Exhibit B: Events Description.
C. The CASE Manager (“CASE Manager”) for the Town of Avon shall be the primary
contact for the Town of Avon. All references to the CASE Manager in this Agreement
may also include the CASE Manager’s designee(s). The CASE Manager has the
authority to reduce any stated minimum timeframe for receipt of documents or Event
plans.
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D. Contractor shall provide to the CASE Manager the Contractor’s chain of command
prior to the first Event.
E. Avon and Contractor desire to execute similar Talent Agreements for 2025 with
Contractor, which shall be subject to such terms and conditions as the parties may
mutually agree. Notwithstanding the foregoing, neither party shall have a legal
obligation to execute future Talent Agreements. The compensation for Talent
Management shall be increased by up to 4% over the previous year in 2025,
respectively.
2. PREMISES INSPECTION & USAGE.
A. Pre-Event Inspection. Contractor and the CASE Manager shall jointly perform and
document a pre-event inspection of the Premises before the Premises are released to
Contractor. Contractor, by attending the pre-event inspection, verifies that the Avon
Performance Pavilion Technical Specifications, provided in the Contractor Toolkit,
have been reviewed, are understood, and will be followed as presented. Avon shall
ensure all facility components are in working order and fully operational, such as but
not limited to power and lights. Contractor acknowledges and agrees that Avon is
permitting Contractor to use the Premises, including the Avon Pavilion, in its “as is”
condition and the Avon shall be under no obligation to replace, upgrade or otherwise
modify the facilities.
B. Premises Usage. The following guidelines shall be observed for usage of the Premises:
(1) Contractor shall not install, place, inscribe, paint, or otherwise attach and shall
not permit any banner, sign, advertisement, notice, marquis, or awning on or
within the Pavilion, without the prior review and consent of Avon in each
instance.
(2) Contractor shall, at its own expense, provide and maintain in first-class condition
all permitted signs and shall, upon the expiration of this Agreement, at its own
expense, remove all such permitted signs and repair any damage caused by such
installation and/or removal. Avon shall have the right to remove all non-
permitted signs without notice to Contractor, at the expense of the Contractor.
(3) Contractor will respect and utilize Premise improvement locates and stakes shall
not be driven into the ground along any pathways, athletic fields, parking lots or
grassy areas with underground sprinkler systems without prior permission from
the Town Manager.
(4) Contractor shall not make alterations, additions, or improvements on or to the
Pavilion without the prior written consent of Avon, to include, but not limited to
tenting, catering equipment, and portable facilities. All such work shall be
performed in a good and workmanlike manner.
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(5) By order of the Eagle River Fire Protection District, Contractor will ensure that
NO THEATRICAL SMOKE, without approval, is blown on the Pavilion and NO
PYROTECHNICS OF ANY SORT are to be detonated. Decorative open flame,
fire pits, patio style heaters and/or fire performers are only permissible if
permitted through and approved by Eagle River Fire Protection District. Cooking
of any sort by hot plate, open flame, grill, etc. is not allowed in the Green Room
(including restroom). Water-based haze shall not be permitted without approval
by Avon and Eagle River Fire Protection District.
(6) To the extent licensed personnel, such as electricians, medical, emergency
response or health official, are required to conduct certain services or inspections,
Contractor shall abide by these local and State requirements.
C. Post-Event Inspection. Contractor and the CASE Manager shall jointly perform and
document a post-event inspection of the Premises before the Premises are returned to
Avon. Contractor shall notify the CASE Manager of any problems or damage that
may have occurred during an Event during the post-event inspection. Contractor
shall be liable for any damage to the Premises and any adjacent Town Property caused
by the installation or removal of any alteration, addition, or improvement. Avon may
take action to repair and restore any damage caused by Contractor and Contractor
shall be liable for such costs, including reasonable attorneys’ fees and costs to enforce
this Agreement.
3. AMPLIFIED SOUND. Contractor shall abide by the following requirements for amplified
sound:
A. Sound Checks: Sound Checks may occur within five (5) hours of the start of the
performance.
B. Performance Times: Dates and times of all performances and/or announcements will
be listed.
C. Sound Volume: Contractor agrees the volume for any sound check and during
performance times will be moderated to achieve the sound quality needed for the
Events and shall be considerate of the surrounding neighborhoods. The sound volume
levels will be monitored by Avon using professional grade decibel meter. The
suggested levels are dB A weighted at 75 feet from the source and shall not exceed 105
dB A. The CASE Manager has the authority to require the volume to be reduced at any
time during the Events.
D. Sound Penalty: Contractor acknowledges and agrees that strict adherence to the sound
check, and performance times approved in the Sound Permit and are a material term of
this Agreement. Contractor shall pay a penalty of one hundred dollars ($100.00) per
minute for music, public address announcements, sound check, or any other amplified
sound that occurs before or after any time period in which amplified sound is permitted
or which occurs after the CASE Manager has required the volume to be reduced.
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Contractor acknowledges and agrees to pay the sound penalty assessed, by not later
than 5:00 p.m., three business (3) days after the day of the Event which the sound
penalty occurred. Payment will be received prior to release of the Events final payment
in accordance with Section 4.A.(3), if applicable.
4. AVON CASH AND SERVICES.
A. Payment Schedule 2024. Cash funding of $209,675.00 was appropriated for 2024 by
the Avon Town Council to support the Events. Funds will be released as follows:
(1) Fifty percent (50%) upon execution of this Agreement.
(2) Forty percent (40%) after completion of the first three Events and on or before
Friday, July 17, 2024.
(3) Ten percent (10%) upon reconciliation and on or before thirty (30) days after the
date of the last Event.
B. Avon Services. Contractors’ obligations are limited to booking live music talent,
meeting the needs and costs of the talent, and arranging for appropriate sound and light.
Avon shall provide all other services, including but not limited to trash, portlets,
marketing, parking, security, kids’ activities, liquor service and special event permit
licensing, food trucks and vendors, signage, installation and set-up of seating, bench
seating, tents, all of which shall be in Avon’s sole discretion. Avon shall arrange for
volunteers, Town staff and paid staff as determined appropriate by Avon in Avon’s
sole discretion.
5. AVON TRADEMARKS. The Town of Avon’s symbols, logos, graphics, fonts, and colors,
including such marks associated with the Events (collectively referred to as “Marks”).
Avon’s Marks are and shall remain the sole and exclusive property of Avon. Contractor
shall not hold itself out as having any ownership rights with respect to Avon’s Marks or,
except as may be specifically granted hereunder, any other rights herein. Any and all
goodwill associated with any such rights shall inure directly and exclusively to the benefit
of Avon. Subject to the terms and conditions of this Agreement, Avon hereby grants to
Contractor a non-exclusive, non-transferable, revocable, and limited license to reproduce
Avon’s Marks in connection with (1) the Events; and (2) carrying out any other Contractor
obligations under this Agreement. Except as expressly permitted hereunder, Contractor
hereby covenants and agrees that it will make no use of Avon’s Marks. Contractor shall have
no right to sublicense its rights under this license. Contractor’s use of Avon’s Marks shall
be strictly subject to the prior written approval of the CASE Manager, of which approval
may be granted or withheld at the CASE Manager’s discretion. Notwithstanding any
provisions hereof to the contrary, prior to the printing or reproduction of any Avon Marks
pursuant to this Agreement, Contractor shall provide Avon with samples of all such materials
for Avon’s review and approval or disapproval. Any trademarks, logos or other intellectual
property developed by Avon or by Contractor in connection with Avon’s Events services
provided hereunder shall be the property of Avon. Contractor logo will be included in digital
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and printed marketing collateral.
6. MORALITY CLAUSE. Contractor acknowledges that the Town of Avon’s image is of
immeasurable value to the Avon community. If at any time the Contractor, its performers or
artists, or the sub-contractors hired to serve or support the event, has an incident, occurrence
or public disclosure concerning a statement or action that tends to shock, insult or offend the
Avon community or public morals or decency, including but not limited matters involving
discrimination, sexual harassment, or alleged felony acts, which Avon perceives as reflecting
negatively on Avon’s image, then Avon may restrict Contractor from using such performer,
artist or sub-contractor, or in the case of a matter involving the Contractor, Avon may
demand assignment of the Events to another Contractor or may elect to deem such
occurrence by Contractor as a material breach of this Agreement and may elect to cancel the
Events in accordance with Section 10. Event Cancellation after providing notice and
opportunity for cure.
7. INDEMNIFICATION. Contractor agrees to indemnify the Town of Avon, its officers,
agents, and employees, and to hold them harmless against any and all claims, actions,
demands or liabilities, including attorney fees and court costs, for injury, death, damage, or
loss to person(s) or property arising out of or directly or indirectly resulting from
Contractor’s actions or omissions in connection with the conduct of the Events. Town of
Avon agrees, to the extent permitted by law, to indemnify the Contractor, its officers, agents,
and employees, and to hold them harmless against any and all claims, actions, demands or
liabilities, including attorney fees and court costs, for injury, death, damage or loss to
person(s) or property arising out of or directly or indirectly resulting from reckless, willful
or wanton actions or omissions of the Town of Avon in connection with the conduct of the
Events.
8. INSURANCE. Contractor shall obtain general liability insurance coverage within the
minimum limits set below naming Avon as an additional insured and insuring Avon and its
officers, agents, and employees against any and all liability and damages which may arise
out of or directly or indirectly result from the conduct of the Events. The policy dates shall
include the entire range of dates for which Town of Avon property is used. The minimum
limits and requirements of the coverage shall include: $1,000,000 per occurrence primary
coverage, and $2,000,000 annual aggregate; and 30 days’ written notice of cancellation.
Contractor shall provide to Avon proof of Comprehensive Automobile Liability insurance
for any private motor vehicles owned by Contractor or its officers, agents, or employees that
are used as part of the Events. The insurance policy shall provide that it is primary insurance
and that its coverage will apply prior to utilization of Avon’s general liability coverage.
Contractor shall provide written evidence of all insurance coverage required in this Section
to the CASE Manager no later than thirty (30) days prior to the first day of the Events. All
required insurance policies shall be non-cancellable without thirty (30) days prior written
notice to Avon. Contractor shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to this Section of this Agreement by reason of its failure to
procure or maintain insurance or by reason of its failure to procure or maintain insurance in
sufficient amounts, duration, or types. All subcontractors of Contractor shall be required to
list the Town of Avon, its elected officials, officers, and employees as additional insured and
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provide the appropriate certificate of insurance to Avon upon request.
9. RELEASE OF LIABILITY. Avon assumes no responsibility whatsoever for any non-
municipal property placed in said Premises. Contractor hereby expressly releases discharges
Avon from any and all liabilities for any loss, injury or damages to any person or property of
Contractor, its employees, agents, concessionaires, performer, attendee, spectator, or other
invitee that may be sustained by reason of the occupancy of the Premises under this
Agreement, except for the negligent acts of Avon or its officers, agents, employees. In the
event the Premises or any part thereof is damaged by fire or other natural causes or if for any
other reason, including strikes, failure of utilities, which results in cancellation of the Events,
or which in the judgment of the CASE Manager, renders the fulfillment of this Agreement
by Avon impossible, Contractor hereby expressly releases and discharges Avon and its
officers, agents and employees from any and all demands, claims, liabilities, and causes of
actions arising from any of the causes aforesaid. Contractor assumes no responsibility
whatsoever for any municipal property in said Premises. Avon hereby expressly releases
discharges Contractor from any and all liabilities for any loss, injury or damages to any
person or property of Avon, its employees, agents, concessionaires, performer, attendee,
spectator, or other invitee that may be sustained by reason of the occupancy of the Premises
under this Agreement, except for the negligent acts of Contractors or its officers, agents,
employees.
10. EVENT CANCELLATION. The CASE Manager may cancel the Events, a single Event,
if material terms of this Agreement are not substantially fulfilled in a timely manner which
is foreseen to result in an event which may compromise public safety or which will negatively
impact the reputation of the Town of Avon, or in the event of an unforeseen force majeure
event. Should Avon deem any term or terms of this Agreement unfulfilled or in material
breach, Avon shall give Contractor written notice and Contractor shall have five (5) business
days (or such longer time as mutually agreed by the Parties) to cure such breach. Should
Contractor cure, this Agreement shall continue in full force and effect. If Contractor cancels
the Events, or if the Contractor is not able to cure and Avon elects to terminate the Events,
then (A) Avon shall remit to Contractor all deposits less any Events related expenditure
incurred by Avon; and (B) all funds provided by Avon for the Events shall be returned for
Events which are cancelled and all such funds shall be provided to the other Party within
thirty (30) days of the cancellation. Any funds not returned to and received by Avon shall
bear interest at the rate set forth in Avon Municipal Code Chapter 3.32 – Interest on Past
Due Accounts. Neither Party shall be liable to the other for any lost profits, lost revenues,
consequential or special damages as a result of cancellation. Contractor will make best
efforts to negotiate on behalf of Avon to ensure deposits are not unrecoverable. Avon shall
be responsible for any and all non-refundable payments that have been made to or are
required of performers, production staff and show related expenses to include but not limited
to lodging, air and ground travel.
11. MUNICIPAL ADDENDUM. This Agreement is subject to the Municipal Addendum
attached here to as ADDENDUM A: MUNICIPAL PROVISIONS and made part of this
Agreement, the terms of which shall apply and supersede any conflicting term in the body
of this Agreement.
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12. NOTICES. Any notice to either Party under this Agreement shall be in writing and shall be
sent to the addresses designated below. Notices by e-mail shall be deemed received when
acknowledged by the recipient.
Avon:
Contractor:
Peak Performances Inc.
440 D Street
Golden, CO 80401
info@peakperformances.com
Danita Dempsey, CASE Manager
P.O. Box 975
100 Mikaela Way
Avon, CO 80435
(970) 748-4065
ddempsey@avon.org
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and
year first above written.
TOWN OF AVON
By and Through the Mayor, Amy Phillips
By: ________________________________________ Date: ________________
Amy Phillips, Mayor
CONTRACTOR
Peak Performances
By:________________________________________ Date: __________________
[signature]
Name: Michael O’Brien, CEO
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ADDENDUM A: MUNICIPAL PROVISIONS.
A.1. Addendum A Controls: In the event the terms and conditions of this Addendum A conflict
in whole or in part with the terms and conditions of the Agreement, the terms and conditions
of this Addendum A shall control.
A.2. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to Avon, its officials, employees, contractors, or agents, or any other person acting on behalf
of Avon and, in particular, governmental immunity afforded or available pursuant to the
Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised
Statutes.
A.3. Affirmative Action: Contractor will not discriminate against any employee or sub-
contractor for employment because of race, color, religion, sex or national origin. Contractor
will take affirmative action to ensure applicants are employed, and employees are treated
during employment without regard to their race, color, religion, sex or national origin. Such
action shall include, but not be limited to the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
A.4. Article X, Section 20/TABOR: The Parties understand and acknowledge that Avon is
subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi-fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of Avon are expressly
dependent and conditioned upon the continuing availability of funds beyond the term of the
Avon’s current fiscal period ending upon the next succeeding December 31. Financial
obligations of Avon payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available in accordance with the
rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the
failure to appropriate such funds, this Agreement shall be terminated.
A.5. Employment of or Contracts with Illegal Aliens: Employment of or Contracts with
Workers without authorization. This paragraph shall apply to all Contractors whose
performance of work under this Agreement does not involve the delivery of a specific end
product other than reports that are merely incidental to the performance of said work. This
paragraph shall not apply to any services falling under the exceptions provided for in C.R.S.
8-17.5-101(b)(I)-(V). Contractor shall not knowingly employ or contract with a worker
without authorization to perform work under this Agreement. Contractor shall not contract
with a subcontractor that fails to certify that the subcontractor does not knowingly employ
or contract with any workers without authorization. By entering into this Agreement,
Contractor certifies as of the date of this Agreement it does not knowingly employ or contract
with a worker without authorization who will perform work under the public contract for
services and that the Contractor will participate in the e-verify program or department
program in order to confirm the employment eligibility of all employees who are newly hired
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for employment to perform work under the public contract for services. The Contractor is
prohibited from using either the e-verify program or the department program procedures to
undertake pre-employment screening of job applicants while this Agreement is being
performed. If the Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with a worker without authorization,
the Contractor shall be required to notify the subcontractor ad the Town within three (3) days
that the Contractor has actual knowledge that a subcontractor is employing or contracting
with a worker without authorization. The Contractor shall terminate the subcontract if the
subcontractor does not stop employing or contracting with the worker without authorization
within three (3) days of receiving the notice regarding Contractor’s actual knowledge. The
Contractor shall not terminate the subcontract if, during such three days, the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with a worker without authorization. The Contractor is required to comply with
any reasonable request made by the Department of Labor and Employment made in the
course of an investigation undertaken to determine compliance with this provision and
applicable state law. If the Contractor violates this provision, the Town may terminate this
Agreement, and the Contractor may be liable for actual and/or consequential damages
incurred by the Town, notwithstanding any limitation on such damages provided by such
Agreement.
A.6. No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any term
or provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either Party. Avon’s approval or acceptance of, or payment for,
services shall not be construed to operate as a waiver of any rights or benefits to be provided
under this Agreement. No covenant or term of this Agreement shall be deemed to be waived
by Avon except in writing.
A.7. Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding upon
the successors, heirs, legal representatives, and assigns.
A.8. Limitation of Damages: The Parties agree that Contractor’s remedies for any claims
asserted against Avon shall be limited to proven direct damages in an amount to exceed
amounts due under the Agreement and that Town shall not be liable for indirect, incidental,
special, consequential or punitive damages, including but not limited to lost profits.
A.9. No Third-Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with cause of action in favor of, or claim for relief for, any
third party, including any agent, sub-consultant or sub-contractor of Contractor. Absolutely
no third-party beneficiaries are intended by this Agreement. Any third-party receiving a
benefit from this Agreement is an incidental and unintended beneficiary only.
A.10. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and
interpreted according to the law of the State of Colorado. Venue for any action arising under
this Agreement shall be in the appropriate court for Eagle County, Colorado. To reduce the
cost of dispute resolution and to expedite the resolution of disputes under this Agreement,
the Parties hereby waive any and all right either may have to request a jury trial in any civil
action relating primarily to the enforcement of this Agreement. The Parties agree that the
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rule that ambiguities in a contract are to be construed against the drafting party shall not
apply to the interpretation of this Agreement. If there is any conflict between the language
of this Agreement and any exhibit or attachment, the language of this Agreement shall
govern.
A.11. Survival of Terms and Conditions: The Parties understand and agree that all terms and
conditions of the Agreement that require continued performance, compliance, or effect
beyond the termination date of the Agreement shall survive such termination date and shall
be enforceable in the event of a failure to perform or comply.
A.12. Assignment and Release: All or part of the rights, duties, obligations, responsibilities, or
benefits set forth in this Agreement shall not be assigned by Contractor without the express
written consent of Avon. Any written assignment shall expressly refer to this Agreement,
specify the particular rights, duties, obligations, responsibilities, or benefits so assigned, and
shall not be effective unless approved by Avon. No assignment shall release the Contractor
from performance of any duty, obligation, or responsibility unless such release is clearly
expressed in such written document of assignment.
A.13. Severability: Invalidation of any of the provisions of this Agreement or any paragraph
sentence, clause, phrase, or word herein or the application thereof in any given circumstance
shall not affect the validity of any other provision of this Agreement.
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EXHIBIT A: DESCRIPTION OF PREMISES
Premise will include the Avon Performance Pavilion, including ingress and egress access
through the old Town Hall parking lot, use of western portion of the old Town Hall parking lot,
use of the green room, use of the cabin if available, location on the main athletic field for up to
four (4) 10 x 10 tents (or equivalent square footage) for front of house production tent and
merchandise.
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EXHIBIT B: EVENT DESCRIPTION
Contractor shall provide the following services described below for the production of live music
performances for the AvonLIVE! free concert series:
1. Talent Buyer & Management - Contractor shall:
1.1. Secure appropriate artists bookings for the AvonLIVE! concert series in accordance
with the budget. Avon will assist with identifying local and regional artists for the
opening performers. Contractor shall coordinate with Avon on the selection of
headlining performers.
1.2. Consult with the Town on the concert series budget and recommend adjustments as
appropriate.
1.3. Promptly advise Town of talent opportunities which would require a budget increase
for an Event.
1.4. Mike O’Brien or qualified designee will be onsite and able to assist Town of Avon staff
during each Event.
1.5. Maintain appropriate books and records for inspection by Town if requested.
1.6. Provide all management, hospitality and oversight for all artists hired for the series
including but not limited to:
a. Contracting
b. Rider fulfillment
c. Backline
d. Hospitality (Avon provides sponsor products to include canned water, beer, and
wine.)
e. Transportation
f. Payment of talent fees for headliner and opening performers
g. Lodging
2. Stage Production – Contractor shall:
2.1. Stage production premises is the Avon Performance Pavilion.
2.2. Opening talent should begin at approximately 6:00 p.m. and end at approximately 7:00
p.m.
2.3. Headlining talent should begin at approximately 7:30 p.m. and end at approximately
9:00 p.m.
2.4. Hard stop for all sound amplification is 9:00 p.m. unless otherwise approved by Town.
2.5. Arrange and provide for all stage production to including but not limited to:
a. Lighting equipment, engineer, and staff
b. Sound equipment, engineer, and staff, sufficient for an audience of 2,500
c. Trussing, if applicable
d. Rigging, if applicable
e. Backdrop, if applicable
3. Event Dates & Times: AvonLIVE!
3.1. All events are open to the public at 5:30 p.m. and close to the public at 9:15 p.m.
a. Wednesday, June 12, 2024 (Battle of the Bands)
b. Wednesday, June 19, 2024
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c. Wednesday, June 26, 2024
d. Wednesday, July 10, 2024
e. Wednesday, July 17, 2024
f. Wednesday, July 24,2024
g. Wednesday, July 31, 2024
h. Wednesday, August 7, 2024
i. Wednesday, August 14, 2024
j. Wednesday, August 21, 2024
k. Wednesday, August 28, 2024
4. Budget: Contractor shall provide services described in accordance with the budget identified
below.
4.1. Contractor shall consult with the Town if an adjustment is required.
4.2. Contractor shall maintain appropriate financial receipts, invoices, records, etc. for
inspection by Town if requested.
Food & Beverage
Artist Hospitality $ 2,345.00 Avon provide canned water, beer and wine
Sub-Total:2,345.00$
Audio Visual
Sound 13,200.00$
Lights 17,600.00$
Backline 7,200.00$
Sub-Total:38,000.00$
Purchased & Other Contracted Services
Talent Management Fee 15,750.00$
Minimum $1,082; $1,622 top end for bands
over $10K
Live Streaming 1,300.00$ Battle of the Bands
Headlining Talent 120,000.00$
Opening Talent 21,500.00$
Talent Lodging: Headliner 6,000.00$
Talent Lodging: Opener 2,500.00$
Ground Transport 2,250.00$
Sub-Total:169,300.00$
Grand Total: 209,645.00$
AvonLIVE! 2024 Budget: 11 Shows
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AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 27, 2024
VIRTUAL ONLY MEETING; THROUGH ZOOM
1
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a virtual only format, via Zoom.us. Mayor Amy Phillips called the
February 27, 2024, Council regular meeting to order at 5:02 p.m. A roll call was taken, and
Councilors present virtually were Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and
Mayor Pro Tem Tamra Underwood. Mayor Amy Phillips joined the meeting virtually at 5:04
p.m. Councilor Chico Thuon joined the meeting virtually at 5:14 p.m. They were joined by Town
Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke
de Jong, Interim Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, CASE
Manager Danita Dempsey, Rec Director Michael Labagh, Chief Building Official Derek Place,
Development Coordinator Emily Block, Project Engineer Jim Horsley, and Community
Development Director Matt Pielsticker.
2. APPROVAL OF AGENDA
Video Start Time: 00:01:00
Mayor Phillips initiated the meeting with the Agenda approval process. Without further
discussion, Councilor Andrade motioned to approve the Agenda, as presented. Councilor
Carroll seconded the motion. It was approved unanimously with a 6-0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:02:00
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none
were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:02:31
Mayor Phillips explained that public comment can be made by participating in the meeting via
zoom’s video/audio, via telephone, or via email. She then clarified that the public comment
section is intended for items not listed on the Agenda, and participation by members of the
public is limited to 3 minutes. She asked if there was any public comment from those present
virtually, and no public comment was made virtually.
5. BUSINESS ITEMS
5.1. Energy Smart Colorado 2023 Program Update (Energy Programs Director Nikki Maline)
Video Start Time: 00:03:41
Energy Programs Director Nikki Maline delivered an update to Councilors related to the Energy
Smart Colorado 2023 Program. Mayor Pro Tem Underwood asked if Ms. Maline has similar
work in other jurisdictions, and Ms. Maline recapped the municipalities in Eagle County that
she is working with on similar programs. Councilor Carroll asked Ms. Maline to explain the
concept of Energy Coach as mentioned in the presentation. Councilor Carroll also asked for
more information about the 2022 Solarized Program which Ms. Maline provided. No public
comment was made virtually.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 27, 2024
VIRTUAL ONLY MEETING; THROUGH ZOOM
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5.2. CASE Committee Appointments (CASE Manager Danita Dempsey)
Video Start Time: 00:20:05
Case Committee Manager Danita Dempsey moderated the process of appointing two
individuals for two-year terms on the CASE Committee. Candidates interviewed were Greg
Cooper, Pedro Campos, and Kerri Thelen, who each introduced themselves, in that order, to
Councilors and the public, and were interviewed. No public comment was made virtually.
Councilors voted in favor of Candidates, as follows:
Councilor Thuon: Cooper and Thelen. Councilor Carroll: Campos and Thelen.
Councilor Andrade: Cooper and Thelen. Councilor Hardy: Campos and Thelen.
Councilor Stanley: Campos and Thelen. Mayor Amy Phillips: Cooper and Campos.
Mayor Pro Tem Tamra Underwood: Cooper and Campos.
Town Clerk Miguel Jauregui Casanueva tallied the votes from Councilors, and Campos and
Thelen both received 5 votes, and Cooper received 4 votes.
Based on the tally of votes, Councilor Carroll motioned to appoint Pedro Campos and Kerri
Thelen to a two-year term on the CASE Committee. Councilor Stanley seconded the motion. It
was approved unanimously with a 7-0 vote.
5.3. Performance Pavilion Name & Sign (CASE Manager Danita Dempsey)
Video Start Time: 00:42:18
Case Committee Manager Danita Dempsey delivered a presentation related to the process of
implementing a new Performance Pavilion Name & Signage. Councilor Stanley suggested
Colorado be added to Avon’s logo. Councilors Andrade, Hardy and Thuon preferred Avon
Pavilion. Mayor Phillips joined them but also asked for the full logo and the mention of Colorado
to be included in other materials. Mayor Pro Tem Underwood also preferred for Colorado to
be added in lieu of Pavilion and asked for the decision to be postponed until Council receives
feedback from CASE on these names and signs. Town Manager Eric Heil suggested Staff be
allowed to take Council input, produce mockups of a name and sign, take them to CASE, and
then bring the name and sign back to Council at a later meeting. Councilors unanimously agreed
with this strategy and no motion was made at this time. No public comment was made virtually.
5.4. Resolution 24-04 Approving 2024 Special Events for Administrative Approval (CASE Manager
Danita Dempsey)
Video Start Time: 00:53:00
Case Committee Manager Danita Dempsey explained the contents of Resolution 24-04. No
public comment was made virtually. After brief deliberations, Councilor Andrade motioned to
approve Resolution 24-04 approving 2024 Special Events for Administrative Approval.
Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 27, 2024
VIRTUAL ONLY MEETING; THROUGH ZOOM
3
5.5. Resolution 24-05 Extending Health and Recreation Committee (Recreation Director Michael
Labagh)
Video Start Time: 00:55:20
Rec Director Michael Labagh delivered a presentation related to Resolution 24-05 Extending
Health and Recreation Committee, offering to establish this as a permanent committee.
Councilor Andrade commented on the excellent value of this Committee and recommended
making it permanent. Councilor Stanley agreed with Councilor Andrade. Mayor Phillips added
she will be alternate to Councilor Andrade when he is absent and looks forward to participating
based on the importance of this Committee. No public comment was made virtually. After brief
deliberations, Councilor Thuon motioned to approve Resolution 24-05 establishing the Health
and Recreation Committee as a permanent Advisory Board for the Town. Councilor Stanley
seconded the motion. It was approved unanimously with a 7-0 vote.
5.6. PUBLIC HEARING: First Reading of Ordinance 24-03 Adopting Updates to the Exterior Energy
Offset Requirements and Re-Establishing Minimum Energy Efficiency Standards (Building
Official Derek Place)
Video Start Time: 01:01:50
Town Manager Eric Heil introduced the topic stating that Section 2 that amends the building
code is a high priority item and time is of the essence to approve it, thus recommending its
approval on first reading, along with Section 1. Heil added Section 3 should be set aside at this
time by Councilors, for a later date and separate ordinance and discussion to prevent delaying
the process, given that Section 3 will impact existing projects that are already approved by the
Town. He then introduced Chief Building Official Derek Place, who delivered his presentation
related to the first reading of Ordinance 24-03 Adopting Updates to the Exterior Energy Offset
Requirements and Re-Establishing Minimum Energy Efficiency Standards.
Councilor Thuon asked if there is an acronym for more efficient snowmelts, and Chief Building
Official Place responded by explaining older and newer snowmelts, acronyms, and their
efficiencies. Councilor Thuon then noted that Walking Mountains has a lot of impact with an
older snowmelt system. Kimberly Schlaepfer, Climate Action Collaborative Project Manager at
Walking Mountains Science Center, took the virtual podium to add information related to the
percentage offsetting of carbon emissions with older and newer snowmelts, and a calculator
being developed in the County to estimate snowmelt emissions.
Mayor Phillips opened the virtual floor of the public hearing for public input on Sections 1 and
2, excluding Section 3. No public comment was made virtually.
After deliberations, Mayor Pro Tem Underwood motioned to approve the first reading of
Ordinance 24-03, excluding the entirety of Section 3 of the Ordinance as written. Councilor
Hardy seconded the motion. It was approved unanimously with a 7-0 vote.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 27, 2024
VIRTUAL ONLY MEETING; THROUGH ZOOM
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Councilors continued their discussion of Section 3, to provide feedback to Staff on the language
to be included in the future ordinance and how to address the effective date so that it is fair to
ongoing projects. Councilor Andrade asked that Staff explore including heated driveway ADA
exemptions in the next ordinance for Section 3.
Mayor Phillips opened the virtual floor of the public hearing for public input on Section 3
specifically. No public comment was made virtually.
Councilor Carroll asked for the use of examples in the presentation for next ordinance on
Section 3. Councilor Hardy thanked Staff for their work on this Ordinance, including Walking
Mountains Staff. She was joined by Councilor Stanley. Mayor Pro Tem Underwood asked if the
Town should fully exempt projects by certain deadlines such as the existing one for Lot 3, to
make Section 3 implementation fair. She also added that future Councils should be allowed
some discretion to approve variances based on hardship requirements.
5.7. Review of 2024 Department Goals (Town Manager Eric Heil)
Video Start Time: 01:50:50
Town Manager Eric Heil reviewed the 2024 Department Goals with Councilors. Requested
direction was to (1) affirm the 2024 Department Goals are appropriate, (2) provide direction to
add, remove or modify any Goals, or (3) identify specific Goals that warrant more discussion by
Council before Staff initiates any work, as needed. The only addition Council requested is for
Staff to review the RETT Exemption caps and the Mi Casa caps. They also indicated that
Community Development Department has many goals this year and they will be understanding
if some need to be delayed. No public comment was made virtually. As this was a collaborative
review of 2024 Department Goals, Town Staff noted comments from Councilors to each
Department.
5.8. Letter of support for 2024 Rebuilding American Infrastructure with Sustainability and Equity
(RAISE) discretionary grant program (Town Manager Eric Heil)
Video Start Time: 02:29:48
On behalf of Town Manager Eric Heil, Chief Administrative Officer Ineke de Jong delivered a
presentation related to the 5.8, A Letter of support from the Town of Eagle for the 2024
Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant
program. No public comment was made virtually.
After brief deliberations, Councilor Stanley motioned to authorize the Mayor to sign the Letter
of Support for the Town of Eagle’s submission for an implementation grant under the FY 2024
Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant
program as seen in Attachment B. Councilor Hardy seconded the motion. It was approved
unanimously with a 7-0 vote.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 27, 2024
VIRTUAL ONLY MEETING; THROUGH ZOOM
5
5.9. Resolution 24-07 Supporting the Federal Bolts Ditch Act (Town Manager Eric Heil and Jason
Cowles, Director of Engineering and Water Resources at Eagle River Water and Sanitation
District)
Video Start Time: 02:32:26
Town Manager Eric Heil introduced Upper Eagle Regional Water Authority’s request for the
Town of Avon to pass a resolution in support of the passage of the Bolts Ditch Act. Mayor Pro
Tem Underwood added context related to the Federal Bolts Ditch Act and how it seeks to
maintain infrastructure in the wilderness. No public comment was made virtually. After brief
deliberations, Councilor Thuon motioned to approve Resolution 24-07 supporting the passage
of the Bolts Ditch Act. Councilor Stanley seconded the motion. It was approved unanimously
with a 7-0 vote.
5.10. Resolution 24-06 Approving Conveyance of Utility Easement to UERWA for the Wildridge
Booster Pump Station#1 Improvements Project (Project Engineer Jim Horsley)
Video Start Time: 02:37:12
Project Engineer Jim Horsley introduced the process of approving the Conveyance of Utility
Easement to the Upper Eagle Regional Water Authority for the Wildridge Booster Pump Station
#1 Improvements Project under Resolution 24-06. No public comment was made virtually. After
brief deliberations, Councilor Thuon motioned to approve Resolution 24-06 approving the
Conveyance of a Utility Easement to Upper Eagle Regional Water Authority. Councilor Carroll
seconded the motion. It was approved unanimously with a 7-0 vote.
5.11. Approval of Zehren and Associates Design Contract for Old Town Hall Site (Project Engineer
Jim Horsley)
Video Start Time: 02:40:30
Project Engineer Jim Horsley introduced the topic of approving the Zehren and Associates
Design Contract for the Old Town Hall Site, including construction plans, cost estimating and
help with the bid process. Councilor Thuon asked for additional information related to access
to electricity for vendors such as food trucks at that location. Councilor Hardy stated she is not
in favor of the new skate plaza design at that location but is in favor that a local architecture
firm will be approved to design the bathrooms. Mayor Pro Tem Underwood asked for
information related to the modular bathrooms and how they are ordered. No public comment
was made virtually. At 7:50 pm Mayor Phillips stepped away from the meeting to take a phone
call. After deliberations, Councilor Andrade motioned to approve the Zehren and Associates
Design Contract for Old Town Hall Site. Councilor Hardy seconded the motion. It was approved
unanimously with a 7-0 vote.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 27, 2024
VIRTUAL ONLY MEETING; THROUGH ZOOM
6
5.12. Resolution 24-08 Approving the establishment of a DDA Fund (Chief Financial Officer Paul
Redmond)
Video Start Time: 02:49:30
Chief Financial Officer Paul Redmond introduced the topic of establishing a DDA Fund. No public
comment was made virtually. After brief deliberations, Councilor Stanley motioned to approve
the first reading of Resolution 24-08. Mayor Pro Tem Underwood seconded the motion. It was
approved unanimously with a 7-0 vote.
6. MINUTES
6.1. Approval of February 13, 2024, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
Video Start Time: 02:51:45
After brief deliberations between Council and Town Clerk Miguel Jauregui Casanueva
related to the publication of Minutes and the location of recordings on the website, Mayor
Pro Tem Underwood presented a motion to approve the Minutes from February 13, 2024.
Councilor Stanley seconded the motion. They were approved unanimously with a 7-0 vote.
After the vote, Mayor Phillips discussed with Councilors the alternative of starting to use
a Consent Agenda for specific business items. After reviewing how the use of a Consent
Agenda would work, consensus from Councilors was to move forward with the use of a
Consent Agenda for subsequent Council Meetings.
7. WRITTEN REPORTS
7.1. 2023 E-Bike Share Summary and Final Report (Mobility Manager Jim Shoun)
7.2. Short-term Rental Updates (Planner II Max Morgan)
7.3. Monthly Financials (Senior Accountant Dean Stockdale)
7.4. Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin)
7.5. Upper Eagle Regional Water Authority January 25, 2024, Meeting Summary (Mayor Pro Tem
Tamra Underwood)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:01:45
Councilor Stanley highlighted that the High Five Media live TV coverage of the Regular
Council Meeting now has closed captioning, and it is working very well.
Councilor Thuon stated the Town is looking great and Staff is doing a good job, and it’s
better than anything he could expect.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 27, 2024
VIRTUAL ONLY MEETING; THROUGH ZOOM
7
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the
regular meeting. The time was 8:05 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended
to be comprehensive or to include each statement, person speaking or to portray with
complete accuracy. The most accurate records of the meeting are the audio of the meeting,
which is housed in the Town Clerk' s office, and the video of the meeting, which is available at
www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Amy Phillips ___________________________________
Tamra Underwood
Ruth Stanley
Lindsay Hardy
RJ Andrade
Rich Carroll
Chico Thuon
970-748-4004 eheil@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Eric Heil, Town Manager
RE: Letter of Support for Colorado Local Climate Action
Accelerator Program
DATE: March 8, 2024
SUMMARY: The Colorado Energy Office is requesting local government letters of support for their
application through the EPA for a large-scale grant program for cities and counties to fund local
government measures. The Colorado Local Climate Action Accelerator Program is a grant proposal for:
• A statewide program to incentivize widespread progress on equitable climate action at the local level.
• Meeting local governments where they are by offering robust support and technical assistance to adopt
a range of strategies in sectors where local governments have agency to make the most impact,
combined with equity-focused incentive funding and staff capacity to support implementation.
The Town Council is asked to consider submitting the attached letter (Attachment A) with directions to town
staff.
BACKGROUND: Christine Berg, Senior Policy Advisor, Colorado Energy Office, submitted the request to
local governments asking for letters of support for the Accelerator Program in an effort to make the
application more competitive with statewide support. The letters are due by March 20th. The Colorado
Energy Office has completed a final draft of local government near term actions (Attachment B) for the EPA
Climate Pollution Reduction Grant. The state will be applying for funds to sub-grant to local governments
through a Local Climate Action Accelerator program and are asking for letters of support from local
jurisdictions for the application. All our information on CPRG can be found at this link:
https://energyoffice.colorado.gov/cprg.
ANALYSIS:
Supporting the EPA CPRG grant will benefit the following Town of Avon climate goals such as:
• Beneficial electrification of existing residential and commercial buildings.
• Implementing an energy benchmarking program for all commercial and multi-family buildings.
• Continue adding e-buses and expanding bus services for commuting.
• Develop a regional car-share program.
• Support local utilities to reach 100% renewable energy goal by 2030.
TOWN MANAGER RECOMMENDATION OR COMMENTS:
PROPOSED MOTION: I move to execute a letter of support for the Colorado Priority Climate Action Plan
application through the EPA for large-scale grant programs to help support and fund local government
measures through the Colorado Local Climate Action Accelerator Program.
Thank you, Eric
ATTACHMENT A: Town of Avon Letter of Support
ATTACHMENT B: Colorado Priority Climate Action Plan
Post Office Box 975 100 Mikaela Way Avon, CO 81620
ATTACHMENT A
Will Toor, Executive Director
Colorado Energy Office
1600 Broadway, Suite 1960
Denver, CO 80202
March 12, 2024
RE: Letter of Commitment for Colorado’s application for a CPRG Implementation Grant EPA-R-OAR-CPRGI-23-07
Dear Mr. Toor,
I am writing today on behalf of the Avon Town Council in support of the Colorado Energy Office’s application on
behalf of the State of Colorado for CPRG Implementation Grant funds for a Local Climate Action Accelerator program
under EPA-R-OAR-CPRGI-23-07.
Colorado is a climate leader, with an achievable pathway to meet the state’s science-based GHG reduction targets of
26% by 2025, 50% by 2030 and 75% by 2040 below 2005 levels, as well as achieving net-zero GHG emissions by
2050. To reach those ambitious goals, action at every level of government in the state will be needed. The EPA’s
CPRG Implementation Grant grant will help Colorado support widespread local government progress on equitable
climate action through the Colorado Local Climate Action Accelerator program. The program will offer robust support
and technical assistance for adoption of policies and strategies in sectors where local governments like ours can
make the most impact on GHG emissions reductions (e.g. buildings, transportation, land use planning and waste),
combined with equity-focused incentive funding to support implementation.
The Colorado Local Climate Action Accelerator program will enable Town of Avon to pursue GHG reduction
measures that align with our communities priorities, including beneficial electrification of existing residential and
commercial buildings, implementing an energy benchmarking program for all commercial and multi-family buildings,
continue adding e-buses and expanding bus services for commuting, develop a regional car-share program and
support local utilities to reach 100% renewable energy goal by 2030.
Our community places a strong emphasis on prioritizing benefits to Low-Income and Disadvantaged Communities,
and will do so through this program by offering priority and focused incentives offered to low-income communities, as
well as conducting community engagement in Spanish to ensure inclusivity. The Town of Avon is in full support of the
Colorado Energy Office’s application for this funding, and know that supporting local government climate action will
position Colorado to continue to lead in climate pollution reduction. Please let me know if you have any questions,
and I appreciate the opportunity to support this important effort.
Sincerely,
Amy Phillips
Mayor, Town of Avon, Colorado
1
Colorado Priority Climate Action Plan
Draft Priority Measures for Local Government Action
Overview
This document summarizes the draft local government priority measures that the state
plans to include in the EPA Climate Pollution Reduction Grant (CPRG) Priority Climate
Action Plan (PCAP) due March 1, 2024. As stipulated in the CPRG planning grant
guidance, “States must include priority measures that are implementable by
municipalities in the PCAP and must make the PCAP available to other entities for their
use in developing an implementation grant application.” These draft local government
priority measures are not exhaustive of the state’s priorities, and we intend to include
other state-led measures in the final PCAP that will be a subset of measures from the
forthcoming Greenhouse Gas Roadmap Update. The draft local government priority
measures were selected because they:
●Can provide significant greenhouse gas (GHG) emissions reduction benefits (the
top criteria for the CPRG program), and advance other state priorities such as
improved air quality and equity.
●Are measures that Colorado local governments have the authority and ability to
implement.
●Are aligned with local government priorities based on meetings and surveys held
in fall 2023.
Only priority measures included in the PCAP will be eligible for funding for CPRG
implementation grants. While the measures are written such that individual or
coalitions of local governments could apply for implementation grants, the state also
intends to submit an implementation grant application to support this work (please see
below for more details on the Colorado Local Climate Accelerator program).
CEO CPRG Process and Requests for Local Government Input
Who When What
Local
governments
Feb 12,
2024
Deadline for final Local Government PCAP Measure
Feedback: Given the amount of engagement that has gone
into selecting these measures and the upcoming PCAP
submittal deadline, we are unlikely to add or remove
measures at this time. However, limited input on how to
broaden or revise measures to ensure that they encompass
local government priorities, or guidance on implementation
ATTACHMENT B
2
Who When What
strategies and equity considerations would be welcome.
Please send any comments to christine.berg@state.co.us by
the due date.
Local
governments
Feb 28,
2024
***High Priority*** Deadline for Local Government
Accelerator Interest Survey: We are asking local
governments to fill in the linked survey as soon as possible to
indicate which local government PCAP measures you are
interested in pursuing if the state is awarded funding. This is
in no way binding and we do not intend to utilize individual
responses, but will help us develop the budget and model the
potential benefits of the Accelerator program in aggregate
State Mar 1,
2024
Priority Climate Action Plans due to EPA: The state has
determined priority measures, and has begun drafting the
PCAP. The priority measures will include both statewide
measures and local government measures.
Local
governments
Mar 20,
2024
***High Priority*** Deadline for Local Government Letters
of Support: To make the state’s Implementation Grant
application for the Accelerator program more competitive,
we are requesting letters of support from local governments
indicating your interest in participating. View CEO template
letter.
State Apr 1,
2024
Implementation Grant Application(s) due to EPA: The state
intends to apply for an implementation grant for a state-led
program to support local government climate action
measures (see below for additional detail) as well as for
additional state-led measures, such as industrial
decarbonization grant funding. EPA anticipates making
notifications of funding announcements in July 2024 and
awards in October 2024.
State Mid
2025
Comprehensive Climate Action Plan: The second
deliverable is a Comprehensive Climate Action Plan (CCAP)
due 2 years from the date of award of the planning grant.
The CCAP should touch on all significant GHG sources/sinks
and sectors, establish near-term and long-term GHG emission
reduction goals, and identify measures to achieve those
goals.
3
Colorado Local Climate Action Accelerator Overview
If awarded, a state implementation grant would fund the Colorado Local Climate Action
Accelerator to incentivize widespread local government progress on equitable climate
action. The program would offer sub-grants from the state to local governments for
technical assistance for adoption of policies in sectors where local governments can
make the most impact, combined with equity-focused incentive funding for
implementation. Only measures included in the State’s approved PCAP will be eligible
for Accelerator funding through the implementation grant.
Core Components
Local governments would opt into the program for:
● Technical assistance for policy adoption: State provided technical assistance
(staff and/or consulting assistance) to support local climate policy development
and adoption, including technical analysis, stakeholder engagement, and policy
design.
● Equity-focused incentive opportunities: Committing to pursue policy adoption
would open eligibility and prioritization for state administered, equity-focused
incentive funding.
Funding
Technical assistance funding would likely be awarded (in potentially multiple rounds)
on an opt-in formula basis that accounts for population size, population in low income
and disadvantaged communities (LIDACs), and the number and strength of strategies
that local governments are committing to pursue. It would also be encouraged, though
not required, to pursue a regional approach (e.g. to share staff, technical assistance,
and/or incentive funds across a county or region). Funding could also be distributed
competitively, though a formula could enable more widespread participation. Incentive
program funding would likely be awarded competitively.
Grant Criteria
The state’s PCAP must include measures that local governments and other eligible
entities can apply to implement. In talking with local governments, and understanding
that EPA is likely to only award 2-3 grants per state, it became clear that it may be
difficult for any single or even coalition of local governments to be competitive in
applying for implementation grants, and that having a collaborative application could
enable more widespread benefits. Here’s how the program meets some key criteria:
4
● GHG impacts, co-benefits, and cost-effectiveness: Policy adoption paired with
project funding can achieve much greater GHG benefits (and often related co-
pollutant benefits) than incentive/project funding alone. Technical assistance to
achieve policy adoption with long-lasting GHG benefits can offer
transformational impact cost-effectively.
● Demonstration of funding need: This would create a program that does not yet
exist in Colorado, and enables local governments statewide to get support for
climate action, including staff support that is often most needed in addition to
project funding.
● Prioritizes equity: For technical assistance funding, benefits for LIDACs would
be prioritized both in policy design and through distribution of funds to local
governments with larger shares of population in LIDACs. Increased staff support
will be provided to help local governments with a greater percentage of LIDAC
communities apply and participate. For incentive programs, funding could be
prioritized for projects in LIDACs or for income qualified participants.
GHG Emissions Modeling
CEO is working with a consultant to estimate the potential GHG benefits of the priority
measures. To inform an application, CEO is requesting that local governments
participate in a survey and write letters of support to help estimate participation rates
for different measures. Additionally, we will make assumptions from demand for
existing similar state programs.
Grant Administration
For the subgrants, CEO would likely administer statewide, and for the incentives, they
could be administered by applicable state agencies or a contractor/third party
depending on the program. Some funding could be administered through existing
programs with specialized criteria for CPRG (e.g. Revitalizing Main Streets Program,
Strong Communities, Public Building Electrification Grant, etc.).
5
Draft Local Government Priority Measures
Please keep in mind when reading the draft priority measures below:
● We have refined the original local government priority measures, focusing on
those that had the most support in the engagement conducted in fall 2023. Some
measures were removed, and others combined to streamline the PCAP.
● We have fleshed out the descriptions for each measure, including developing a
greater focus on equity and benefits for LIDACs, though have not completed all
the required sections for the PCAP yet. Those pieces are in progress and will be
included in the final PCAP.
● Implementation is left somewhat open for some measures, since the PCAP must
be written such that other eligible entities such as local governments may apply
for implementation grants on their own. So even though the state intends to
apply for the Accelerator program on behalf of local governments, the PCAP is
not intended to write up exactly how that program would work. The PCAP simply
needs to ensure all measures that may be included in the Accelerator program
would be eligible for funding in a future implementation grant.
Transportation
In 2020, transportation energy usage contributed to approximately 18% of Colorado’s
GHG emissions.1 Transportation emissions are impacted by the type of fuel used to
power vehicles, the efficiency of vehicles, and the total amount of vehicle miles
traveled (“VMT”). Local governments have authority over the design and operation of
their streets, and have policy options available to encourage walking, biking, and transit
use, as well as electric vehicle and lower-emissions vehicle adoption. Reducing GHG
emissions from transportation can be achieved by local governments by: 1) Shifting
Travel to Active Transportation and Transit: Biking and walking do not generate any
GHG emissions, and buses and trains generate fewer GHG emissions per rider than
single-occupancy vehicles. 2) Zero Emission and Energy Efficient Vehicle Adoption:
Electric vehicles do not generate direct GHG emissions, and more fuel-efficient internal
combustion engine (“ICE”) vehicles generate less direct GHG emissions than less fuel
efficient ICE vehicles.
1 2023 Colorado Statewide Inventory of Greenhouse Gas Emissions and Sinks, Table 2.4
1. Plan and implement high quality active transportation infrastructure
6
This measure includes the expansion of high-quality bicycle and pedestrian
infrastructure, with the goal of reducing VMT and associated GHG emissions by
encouraging a shift from driving to active transportation modes. Fully connected,
high-quality bicycle and pedestrian networks can improve the safety, speed, and
convenience of active transportation modes, making biking and walking more
attractive to potential cyclists and pedestrians of all ages and abilities.
Implementation: Local governments can develop and adopt plans for sidewalks
on high traffic routes, networks of protected bike lanes, off-street trails, road
diets, and pedestrian-only zones; establish dedicated local funding for active
transportation improvements; and adopt robust complete streets policies and
street design standards that ensures active transportation infrastructure is built
as part of planned roadway improvement projects and new developments.
Implementation of this measure may also include local governments, the state,
or other entities providing funding to build high quality active transportation
infrastructure projects.
Equity: New active transportation infrastructure should be prioritized to serve
LIDACs, and should be planned with robust engagement with these communities.
New active transportation infrastructure can increase the safety, speed, and
convenience of biking and walking for LIDAC residents, as well as decrease local
air pollution in LIDACs by reducing local vehicle trips.
Case Studies:
● Tucson, AZ: Robust stakeholder engagement and planning, followed by
adoption of a city complete streets policy and design manual with project
prioritization criteria, design standards, and strong integration of equity.
● Parker, CO: Adoption of a complete streets policy and implementation plan.
● Minneapolis: Goal of completing the city-wide network of low-stress
(protected, off-street, neighborhood greenway) bikeways by 2030, and
adoption of roadway design standards requiring new bicycle infrastructure.
2. Plan and implement dedicated bus lanes and other transit priority measures
This measure includes the planning and implementation of dedicated bus lanes,
transit priority signals, and other transit priority measures on major transit
routes to improve transit reliability and service, with the goal of reducing VMT
and associated GHG emissions by encouraging a shift from driving to transit.
Dedicated bus lanes and transit priority signals can improve the speed and
reliability of transit service, making bus ridership more convenient and attractive
to potential passengers, and supportive infrastructure such as high-quality bus
7
stops, elevated platforms, and off-board fare collections can increase passenger
comfort and attract additional riders of all ages and abilities.
Implementation: Local governments can partner with transit agencies and the
state to plan, fund, and construct high-quality bus infrastructure along high
volume corridors that serve major residential, commercial, and employment
centers.
Equity: New transit infrastructure should be prioritized to serve LIDACs, and
should be planned with robust engagement with these communities. New transit
infrastructure can increase the safety, speed, and convenience of transit for
LIDAC residents, as well as decrease local air pollution in LIDACs by reducing
local vehicle trips.
Case Studies:
● Fort Collins: The MAX BRT line connects downtown, commercial centers and
Colorado State University with a dedicated bus only lane, with 20-minute
headways, and enhanced bus stops.
● Roaring Fork Valley, CO: The VelociRAFTA BRT connects communities
between Glenwood Springs and Aspen, with 12-minute headways and
enhanced bus stops.
● Albuquerque: The free ART BRT line connects major transit centers,
downtown, and the University of New Mexico, with 8-15 minutes headways,
and enhanced bus stops.
3. Adopt and implement policies to encourage transit and active transportation
use and reduce parking
This measure includes the adoption and implementation of transportation
demand management (“TDM”) policies and programs intended to reduce vehicle
miles traveled VMT and associated GHG emissions from major trip generators
such as employment, commercial, and residential centers. TDM policies include
a range of approaches designed to reduce VMT by encouraging a shift from single
occupancy driving to transit, biking, walking, or carpooling; or by reducing the
demand for trips. Strategies designed to shift trips from driving to other modes
include those that reduce barriers to using transit, biking, or walking, such as
free of reduced price transit passes, e-bike programs, supportive bicycle and
pedestrian infrastructure, carpooling incentives, and education programs; and
those that discourage the use of personal vehicles, such as pricing parking,
shared and unbundled parking policies, parking cash-out policies, and reductions
8
in on-site parking. Trip reduction strategies include employer teleworking and
flexible work schedule policies.
Implementation: Local governments can adopt policies requiring TDM strategies
in existing and/or planned developments, provide funds or other incentives to
developments or employers to adopt strategies, or use a combination of policies
and funding. The state can provide technical assistance and funding to support
these efforts.
Equity: Active transportation and transit incentives such as e-bikes and transit
passes should be prioritized to income-qualified and LIDAC residents, and
disincentives to driving such as reduced parking supply and increased parking
pricing should allow exceptions or compensation for income-qualified and LIDAC
residents. TDM programs can lower the costs of active transportation and transit
for LIDAC residents, and reduce air pollution in LIDACs by reducing local vehicle
trips.
Case Studies:
● Denver: New residential and commercial development above dwelling unit or
building size thresholds are required to adopt TDM strategies.
● Cambridge, MA: Non-residential developments that propose to add vehicle
parking are required to adopt TDM strategies.
● Washington D.C.: Employers with 20 or more employees that offer free on-
site parking are required to offer employees monetary compensation or
alternative transportation benefits in exchange for giving up their parking
spaces.
4. Implement differentiated vehicle registration and other fees based on vehicle
size or efficiency
This measure includes the adoption of county vehicle registration or other fee
policies that incentivize the purchase and use of zero-emission and lower-
emission light-duty vehicles, and/or disincentivize the use of higher-emission
vehicles based on vehicle size or efficiency, with the goal of reducing associated
GHG emissions from vehicles. Local governments can assess higher vehicle
registration, residential parking, or other fees for higher emitting vehicles, and
can also reduce fees for lower emitting vehicles. Fee increases or reductions
could be applied at the time of purchase of new, used, and/or leased vehicles;
could be applied differently to different classes of vehicles; and could use a
linear fee model (calculating fees based on exact GHG emissions) or a stepwise
9
fee model (vehicles sorted into fee categories based on GHG emissions
thresholds).
Implementation: State enabling legislation may be needed for counties to apply
an emissions, efficiency, weight, or size-based registration fee program, which
the state intends to study and consider for the 2025 legislative session. If
approved, county governments would then be able to adopt and implement
differential fees for vehicle registration based on vehicle size, efficiency, fuel
type, or other factors. Local governments could establish other differentiated
fees, such as for residential parking fees.
Equity: Registration fees should be reduced or waived, and rebates increased for
income qualified and LIDAC residents. Rebates can reduce the costs of purchasing
lower emitting vehicles for LIDAC residents, and reduce air pollution in LIDACs
by reducing local vehicle trips. Fees on larger vehicles can also help improve
pedestrian and bicycle safety.
Case Studies
● Washington D.C: Increased new vehicle and annual registration fees for
heavier vehicles, and decreased electric vehicle fees to half of the fees for
Class I (light-duty) ICE vehicles.
● France: Active national fee and rebate program since 2008, with a stepwise
fee and rebate structure applicable to all vehicles. Average vehicle CO2
emissions dropped after the program began and have continued to drop, but
this may be influenced by other policies.
Buildings
In 2020, fuel combustion in residential and commercial building energy usage
contributed to approximately 9.2% of Colorado’s GHG emissions.2 Local governments
have the authority to adopt building energy codes that comply with or exceed codes
set by the state Energy Code Board, adopt performance standards that meet or exceed
state requirements or apply to a broader set of covered buildings, and implement
incentive and financing programs for energy efficiency, electrification, and on-site
renewable improvements. Reducing GHG emissions from buildings can be achieved by
local governments through the following pathways: 1) Energy Efficiency: More efficient
building envelopes and appliances reduce both electricity and fossil fuel usage, and
associated GHG emissions; 2) Electrification: Highly efficient electric heat pumps, heat
pump water heaters, and cooking appliances eliminate site GHG emissions from fossil
2 2023 Colorado Statewide Inventory of Greenhouse Gas Emissions and Sinks, Table 3.4
10
fuel usage, and 3) On-Site Renewable Energy: On-site solar and wind generation allows
buildings to offset all or some of their electricity usage, reducing GHG emissions from
utility-scale electricity generation.
1. Adopt and enforce state minimum building energy codes, including electric,
solar, and EV-ready provisions
This measure includes adoption and enforcement of building energy codes that
meet the minimum requirements of House Bills 22-1362 and 23-1233 earlier than
is required by state law, with the goal of reducing building energy usage and
associated GHG emissions through greater energy efficiency, reduced on-site
fossil fuel usage, and increased on-site renewable energy generation. The state
minimum requirements include adoption of the 2021 International Energy
Conservation Code (“IECC”) and the Colorado model electric ready and solar
ready code designed to prepare new homes and buildings for electric vehicles,
rooftop solar, and high-efficiency electric appliances.
Implementation: Local governments have the authority to adopt and enforce
building energy codes within their jurisdictions, and the state can provide
technical assistance and funding to support these efforts. Compliance with
adopted building energy codes can be improved by providing robust incentives
for energy efficiency, electrification, and on-site renewable energy projects,
and through proactive training and enforcement.
Equity: Building energy codes apply jurisdiction wide, and cannot be applied
differently to prioritize geographic areas such as LIDACs. However, energy
efficiency, electrification, and on-site solar projects reduce household energy
costs, improve indoor comfort, and improve indoor air quality in LIDACs.
Case Studies: To date, 12 jurisdictions have adopted the model code, in addition
to 36 other jurisdictions across the state that had previously adopted electric
ready, solar ready, or EV ready requirements.
2. Adopt and enforce building energy codes and performance standards that
exceed state requirements
This measure includes adoption and enforcement of building energy codes that
exceed the minimum requirements of House Bills 22-1362 and 23-1233, such as
electric-preferred, all-electric, passive house, net zero energy provisions, or
embodied carbon provisions. This may also include adopting policies that exceed
the building performance standards of the Air Quality Control Commission
Regulation 28, such as measures that expand covered buildings or strengthen
building performance targets for covered buildings. Buildings that exceed the
11
requirements of the state minimum energy codes and building performance
standards will further reduce building energy usage and associated GHG
emissions through greater energy efficiency, reduced on-site fossil fuel usage,
and increased on-site renewable energy generation.
Implementation: Local governments have the authority to adopt and enforce
building energy codes and building performance standards within their
jurisdictions, and the state can provide technical assistance and funding to
support these efforts. Compliance with adopted building energy codes and
performance standards can be improved by providing robust incentives for
energy efficiency, electrification, and on-site renewable energy projects, and
through proactive enforcement by local government staff.
Equity: Building energy codes apply jurisdiction wide, and cannot be applied
differently to prioritize geographic areas such as LIDACs. Local governments
should provide additional financial incentives and technical assistance to help
buildings in LIDACs comply with building performance standards. Energy
efficiency, electrification, and on-site solar projects can reduce household
energy costs, improve indoor comfort, and improve indoor air quality in LIDACs.
Case Studies:
● Crested Butte and Lafayette: Require all-electric space heating, water
heating, and appliances in residential and commercial buildings.
● Crested Butte and Breckenridge: Require residential buildings to comply with
the Department of Energy’s Zero Energy Ready Homes certification.
● Avon, Eagle, Minturn, Erie, Superior: Have adopted electric-preferred energy
codes.
● Denver: Denver Green Code includes embodied carbon limits for concrete and
steel.
3. Provide incentives and financing for energy efficiency, electrification, and
on-site renewable energy
This measure includes the provision of financial incentives to reduce the capital
costs of building energy efficiency, electrification, geothermal energy for space
and water heating, and on-site renewable energy projects, with the goal of
reducing building energy usage and associated GHG emissions and operating
costs. Incentives may apply to existing and/or new buildings, public and/or
private buildings, or residential and/or commercial buildings according to the
needs of the jurisdiction. Incentives should be designed to stack with other
12
federal, state, and utility incentives and be paired with technical assistance to
guide property owners in selecting appropriate projects.
Implementation: Local governments and the state have the authority to operate
incentive programs for these purposes.
Equity: Incentives should be prioritized to deed-restricted affordable housing
projects, income-qualified homeowners, and projects located in LIDACs. Energy
efficiency, electrification, and on-site solar projects can reduce household
energy costs, improve indoor comfort, and improve indoor air quality in LIDACs
and for residents of affordable housing developments.
Case Studies:
● Denver: Provides rebates and other financial incentives for energy efficiency,
electrification, and on-site solar energy, and technical assistance to help
property owners select suitable projects and obtain other government and
utility incentives.
● Eagle County: Provides rebates for energy efficiency, electrification, and
clean energy projects for homes and businesses, and technical assistance to
stack county incentives with municipal and utility incentives.
Land Use
Land use related GHG emissions are a combination of emissions from building energy
and transportation energy. Low density development at the edge of communities
increases GHG emissions by requiring longer trip distances to access jobs and services,
increasing car dependence, converting natural lands, and increasing building emissions
from larger, detached buildings. Local governments have authority over local
comprehensive plans, land use development codes, and land use approval processes,
and therefore have unique authority to encourage more climate-friendly development
patterns. Reducing GHG emissions from land use can be achieved by local governments
through: 1) Compact and Infill Development: Enabling and encouraging compact
development in infill locations reduces building and transportation greenhouse gas
emissions. Compact developments tend to have more attached buildings and smaller
units within buildings, which together reduce building energy use. And, locating uses
closer together reduces trip distances and supports alternatives to personal vehicles,
reducing transportation energy. Locating development near high-quality transit services
encourages transit usage, further reducing transportation energy; and 2) Renewable
Energy and Electrical Vehicle Charging: Land use policies that allow for renewable
energy generation and electric vehicle charging encourage their development, reducing
electricity generation and transportation energy emissions.
13
1. Encourage accessory dwelling units (ADUs) and attached homes in all
residential areas
This measure includes updating local land use codes to allow ADUs, duplexes,
triplexes, and town homes as a use by right where single-family homes are
allowed to encourage infill development, and eliminating residential occupancy
limits that differ based on the occupants’ relationships to enable greater
utilization of existing homes. This measure also includes eliminating or reducing
other land use code barriers that inhibit ADUs and attached homes, such as
owner-occupancy requirements, parking requirements, and dimensional
standards. This measure may also include strategies to reduce or waive
development fees, expedite permitting, provide incentives or financing, or
provide pre-approved building designs for these housing types. Encouraging more
compact, infill development and greater residential utilization can reduce GHG
emissions associated with household and transportation energy usage.
Implementation: Local governments have the authority to revise local land use
ordinances, and to provide incentives for infill, small-scale housing types that
are climate friendly. Robust stakeholder engagement in advance of the proposed
adoption of residential upzoning policies can increase public support and the
likelihood of adoption. The state can also provide technical assistance and
funding to support these efforts.
Equity: Local governments should encourage new ADU and middle housing
development in LIDACs by prioritizing fee waivers, expedited permitting and
financial incentives to LIDAC homeowners, while encouraging new housing
development to benefit LIDAC communities by incentivizing affordability in these
housing types. Encouraging these housing types can support aging-in-place and
intergenerational living for LIDAC households, provide revenue to LIDAC
homeowners, and provide additional attainable and affordable housing options
in these areas.
Case Studies
● Durango: Allows ADUs as a use by right in most residential areas, and provides
financial incentives for new ADU projects that commit to housing local
employees long term.
● Grand Junction: Allows ADUs as a use by right on properties with single family
and duplex dwellings, allows on-street parking to be substituted for required
off-street parking, has no owner-occupancy requirements, and provides fee
waivers and incentives up to $15,00 for property owners that agree to rent
ADUs on a long-term basis to renters making less than 140% of AMI.
14
● Telluride: Allows ADUs, duplexes, and affordable or employee housing multi-
family residences as a use by right in residential districts.
2. Encourage multi-family housing and mixed-use development near transit and
in commercial areas
This measure includes updating local land use codes to allow and encourage
multi-family housing and mixed-use residential development within walking
distance of rail transit and high-quality bus service, and in underutilized
commercial and institutional areas. This may also include strategies to reduce or
waive development fees in these areas, provide development incentives such as
density bonuses, and/or fund development associated infrastructure for infill
and transit-oriented development. This measure may also include allowing and
encouraging the conversion of underutilized buildings in these areas to
residential or mixed uses, such as office to residential conversions. Encouraging
more compact, infill development can reduce GHG emissions associated with
household and transportation energy usage.
Implementation: Local governments have the authority to revise local land use
ordinances, and to provide incentives for development types that serve the
public interest. Robust stakeholder engagement in advance of the proposed
adoption of residential upzoning policies can increase public support and the
likelihood of adoption. The state can also provide technical assistance and
funding to support these efforts.
Equity: Local governments should encourage new housing development to
benefit LIDAC communities by prioritizing fee waivers, expedited permitting and
financial incentives to deed-restricted affordable housing projects and projects
that provide other significant community benefits. Enabling and encouraging new
affordable and attainable housing options near transit can lower housing and
transportation costs for LIDACs.
Case Studies:
● Westminster: Planned the redevelopment of a 105-acre former mall property
adjacent to BRT and a future rail station into a dense, walkable, mixed-use
downtown. To support plan implementation, the City purchased land,
demolished existing buildings, constructed streets and utilities and
performed other site preparation work, and rezoned the area under new,
supportive development standards.
● Englewood supported the redevelopment of a former mall adjacent to a light
rail station into a dense mixed-use district by financing site preparation, new
15
horizontal infrastructure, adopting supportive development standards, and
building a new civic center and public plaza adjacent to the site to catalyze
development.
3. Implement policy to discourage greenfield development
This measure includes updating land use codes to include transfer of
development rights, cluster subdivision, growth boundary, annexation, and other
policies intended to discourage greenfield development. Discouraging greenfield
development reduces development patterns that are energy and emissions
intensive from a buildings and transportation perspective, and encourages
compact, infill development, which reduces GHG emissions associated with
household and transportation energy usage.
Implementation: Local governments have the authority to revise local land use
ordinances, and to enter into agreements with adjacent jurisdictions, and the
state can provide technical assistance and funding to support these efforts.
Robust stakeholder engagement in advance of the proposed adoption of
greenfield development policies can increase public support and the likelihood
of adoption.
Equity: Local governments should include and consider LIDAC communities in the
design of greenfield development policies to avoid unintended consequences.
Policies that discourage low-density greenfield development that are not paired
with policies that encourage denser development near jobs, services, and transit
could have the unintended consequences of increasing overall housing costs.
When paired with policies that enable transit-oriented development and other
compact, walkable development, this can allow LIDAC residents to drive less and
increase access to active transportation and transit, reducing household
transportation costs and improving air pollution in LIDACs by reducing local
vehicle trips.
16
Case Studies:
● City of Gunnison: Designated an urban growth boundary and adopted
locational standards to direct new urban development within the boundary,
and limit new development outside the boundary to non-urban uses.
● Boulder County: Intergovernmental agreement with municipalities
designating rural preservation and municipal influence areas, and regulating
annexation and municipal utility service extension with the purpose of
‘precluding increased development and urban sprawl.’
4. Implement robust parking reduction policies
This measure includes updating land use codes to reduce or eliminate minimum
vehicle parking requirements, apply parking maximum requirements, and/or
other local parking reduction policies, while encouraging or requiring bicycle
parking. Limiting vehicle parking in developments and on public roadways can
reduce single occupancy vehicle trips and associated GHG emissions, and less
required parking in residential developments decreases housing costs and
encourages energy efficiency by reducing the costs and building space used for
parking.
Implementation: Local governments have authority to revise local land use
ordinances and adopt other parking reduction policies, and the state can provide
technical assistance and funding to support these efforts. Robust stakeholder
engagement in advance of the proposed adoption of parking reduction policies
can increase public support and the likelihood of adoption.
Equity: Parking reduction policies should allow for additional parking reductions
in deed-restricted affordable housing developments and residential
developments in LIDAC communities to reduce housing costs and increase housing
opportunities. Reduced parking requirements in housing developments can
reduce housing costs in LIDACs, and reduced local vehicle trips can reduce air
pollution in LIDACs.
Case Studies:
● Glenwood Springs: Exempts downtown properties and smaller non-residential
properties citywide from minimum parking requirements, allows fees-in-lieu
of parking requirements, and sets off-street parking maximums in
nonresidential and mixed-use districts.
● Denver: Reduced and eliminated parking minimums, adopted parking
maximums, and allowed for parking reductions near transit and in affordable
housing projects.
17
● Mancos: New downtown developments are not required to provide off-street
parking or loading.
5. Adopt best practices in EV charging permitting
This measure includes updating local land use codes based on the best practices
identified by CEO during our recent stakeholder process with local governments
and charging developers, and guidance from the upcoming state-developed EV
charging permitting model code. These best practices are intended to provide
more predictable, transparent, and objective permitting processes for public EV
charging projects, as well as improve the permitting process through providing
application checklists and staff training, with the goal of reducing permitting
timelines. Faster permitting times can accelerate the development of a robust
EV charging network, supporting increased adoption of electric vehicles and
associated GHG emissions reductions.
Implementation: Local governments have authority to revise local land use
ordinances and permitting processes. Robust stakeholder engagement in advance
of the proposed adoption of EV charging permitting policies can increase public
support and the likelihood of adoption.
Equity: Ensuring more consistent and predictable permitting processes between
local governments in Colorado can help ensure better access to charging
infrastructure statewide, and ensure that some local governments aren’t left
behind. Local governments can also partner with entities that fund public EV
charging projects such as the CEO and electric utilities to prioritize the
development of charging projects in LIDACs. Increased EV charging availability
in LIDACs will allow greater access to EV charging for LIDAC residents, and
reduced greater EV adoption can reduce air pollution in LIDACs.
Case Studies:
● Centennial and Arvada: Updated zoning codes to define public EV charging as
a land use, allow many charging projects as a use by right, and clearly define
objective review standards.
● Fairfax County, Virginia: Updated zoning code to allow public EV charging as
a use by right, eliminated permitting fees for charging projects, and provided
information about the EV charging permitting process on their website.
18
6. Reform utility scale renewable energy permitting
This measure includes updating local land use codes to provide more predictable,
transparent, and objective permitting processes for renewable energy projects,
with the goal of reducing permitting timelines and encouraging the development
of renewable energy projects. Faster permitting times can accelerate the
development of renewable energy projects, reducing GHG emissions from
additional renewable energy resources on the electricity grid.
Implementation: Local governments have authority to revise local land use
ordinances. Robust stakeholder engagement in advance of the proposed adoption
of renewable energy permitting policies can increase public support and the
likelihood of adoption.
Equity: Local governments should engage with residents of LIDACs to ensure that
new renewable energy siting regulations consider impacts to LIDACs. The GHG
reductions associated with increased renewable energy generation will help
mitigate the impacts of climate change and air pollution on all residents of
Colorado, including LIDAC residents.
Waste
In 2020, waste contributed to approximately 1.7% of Colorado’s GHG emissions.3 Solid
waste contributes to GHG emissions through the generation of methane from the
anaerobic decay of waste in landfills, and the emission of nitrous oxide from solid waste
combustion facilities and of carbon dioxide from waste hauling vehicles. Local
governments have authority over local waste policies, including composting and waste
hauling. Reducing emissions through waste strategies can be achieved primarily through
composting, solid waste recycling, and reducing transportation emissions related to
waste hauling.
3 2023 Colorado Statewide Inventory of Greenhouse Gas Emissions and Sinks, Table 2.4
1. Adopt jurisdiction-wide waste policies
This measure includes adopting and implementing local policies to reduce waste,
increase diversion rates, and reduce emissions associated with waste and waste
hauling. These policies may include ordinances to require residential and
commercial buildings to offer recycling and composting services, adopting a
single waste hauler policy or contract (or several designated single-hauler areas
for larger jurisdictions), adopting a policy to require or incentivize diversion of
construction waste, or adopting a pay as you throw policy.
19
Implementation: Local governments have authority to revise local ordinances
relating to waste, to negotiate contracts with or license waste companies, and
to fund supportive infrastructure and materials such as single-stream recycling
and composting receptacles or organic waste facilities.
Equity: Local governments should prioritize the implementation of emissions-
reducing waste policies in LIDACs, and should provide free or low cost recycling
or composting bins in LIDACs. Policies such as single hauler waste service and pay
as you throw typically reduce overall household waste costs, including in LIDACS,
and it will result in decreased local air pollution in LIDACs by reducing waste
vehicle trips which are some of the most polluting.
Case Studies:
● Fort Collins: Adopted a contract with a single waste hauler that includes
single-stream recycling and composting services.
● Broomfield: Completed a Zero Waste Action plan and issued a RFP for a
universal waste collection program with recycling and composting, volume
based pricing (pay as you throw), and embedded costs of recycling (customers
pay for trash cart and recycling cart is free).
2. Encourage adoption of zero emission vehicles for hauling waste
This measure includes adopting policies or targets to convert waste hauling
trucks to zero emission vehicles, and providing incentives for vehicles or their
infrastructure. Waste trucks are some of the most inefficient vehicles on the
road and can emit significant air pollution in neighborhoods.
Implementation: Local governments have the ability to negotiate contracts to
require waste companies to use electric vehicles, purchase zero-emission waste
vehicles if they operate their own fleet, and to obtain additional funding from
state and federal programs.
Equity: Electric waste trucks have no direct emissions and will improve local air
quality in the areas they serve, and local governments should prioritize their use
in LIDACs.
Case Studies:
● Xcel Energy has funded the purchase of 5 zero-emission waste vehicles
through their Municipal Refuse Fleet Electrification Pilot program.
● The Colorado Clean Fleet enterprise has funded the purchase of 5 zero-
emission waste vehicles that will operate out of Commerce City.
970-748-4446 mlabagh@avon.org
Page 1 of 2
TO: Honorable Mayor Amy Phillips and Council members FROM: Michael Labagh, Recreation Director
RE: Ice Skating Recap
DATE: March 4, 2024
SUMMARY: This report provides a review of the 2023-2024 ice skating operations on Harry A. Nottingham
Lake. No action by Council is requested.
BACKGROUND: After an extended hiatus, the Town reintroduced ice skating on Nottingham Lake during
the winter of 2020-2021. Ice operations did not occur during the winter of 2021-2022 due to challenging
weather and staff shortages. Recreation Department staff provides skate rentals and concessions housed
out of the Metcalf Cabin and the Public Operations staff manage the maintenance of the ice rink.
ANALYSIS: Challenging weather including heavy snow and fluctuating temperatures compromised the ice
sheet. The entrance to the ice rink was deemed unsafe by Public Operations staff, which caused the Town
to cease operations prematurely for the season.
Maintenance:
Public Operations staff were able to access the ice sheet on January 1, 2024 to begin performing
maintenance. This season, staff reported an average ice depth of 16 inches across the rink area. Staff
flooded the rink at night as much as possible to maintain and improve the ice depth and surface.
Operations:
Staff were able to provide an expanded ice sheet that extended to the terrace. The west side of the rink
included two “box hockey” goals while the east side of the rink was designated for general use. The ice
rink was open daily from 4:00 - 8:00 p.m. and saw 17 days of operation between January 9 and February 4.
On a few occasions, the ice rink was opened at 5:30 p.m. to allow the rink to refreeze after warm
temperatures during the day created a softer surface.
Compared to the 2022-2023 season, Recreation Department staff opted to adjust operating hours from
Monday-Friday, 3:00 – 8:00 p.m. and 12:00 – 8:00 p.m. on Saturday and Sunday to 4:00 – 8:00 p.m. daily.
This change proved to be successful and allowed for improved maintenance of the ice along with a
manageable staff schedule.
Rink Usage
The ice rink saw an average of 9 users per day and the total daily attendance fluctuated between 5 and 25
users. Several consistent users utilized their own equipment, but Recreation Department staff also rented
59 pairs of skates throughout the season. All ice rink users are required to sign a liability waiver once per
season. Staff continue to see success collecting liability waivers digitally. There were 106 waivers
completed this season.
CONSIDERATIONS:
Staffing:
Staffing for the Public Operations team continues to be challenging in general and the division was short
two staff members this year during the ice season. To assist with staffing, hiring or contracting a full-time
seasonal Ice Rink Attendant may be beneficial. This would improve operational efficiency since during a
snowstorm, all available Operators are plowing the roads or sidewalks prior to attending to the ice. The
970-748-4446 mlabagh@avon.org
Page 2 of 2
longer staff allow snow to sit on the ice, the worse the ice surface becomes. Staff will consider this as an
option when planning for the 2025 budget.
Equipment:
Staff will research options for an ice resurfacing machine and/or vehicle which will improve the safety and
quality of the ice surface. Although the rink is flooded as often as possible, the ice surface remains rough
and difficult to skate on for the average user.
Thank you, Michael
ATTACHMENTS:
Attachment A – Ice Rink Photos
Attachment B – Nottingham Laken Ice Safety Procedures
ATTACHMENT A
ATTACHMENT A
ATTACHMENT B