TC Packet 06-11-2024_____________________________________________________________________________________
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
TUESDAY, June 11, 2024
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
Zoom registration is on the header at Avon.org
COUNCIL FIELD TRIP / SITE VISIT OF EAST AVON PRESERVE 3:45 PM
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3)
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:05 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. Presentation: Castle Peak Senior Life and Rehab Update (Castle Peak Executive Director and
Administrator, Shelly Cornish)
5.2. Resolution 24-18: Adopting the Eagle River Community Water Plan (Sustainability Coordinator
Sarah Smith Hymes and Eagle River Coalition Executive Director James Dilzell)
5.3. PUBLIC HEARING: First Reading Ordinance 24-09: REZ24001; Rezoning of the East Avon
Preserve to Community Housing (Planning Manager Jena Skinner)
5.4. Work Session: Use Tax Voter Polling questions (Chief Financial Officer Paul Redmond)
5.5. PUBLIC HEARING: Second Reading Ordinance 24-10 Elections Code Update (Town Clerk
Miguel Jauregui Casanueva)
5.6. First Reading Ordinance 24-11: Amendments to Town Code on Primary Residence RETT
Exemptions (Financial Analyst Chase Simmons)
5.7. Work Session: Sun Rd / East Avon Redevelopment Plans (Community Development Director
Matt Pielsticker)
5.8. Work Session: Old Town Hall Site Update (Town Manager Eric Heil)
6. CONSENT AGENDA
6.1. Approval of Intergovernmental Agreement with Colorado Department of Transportation for bus lift
grant (Mobility Manager James Shoun)
6.2. Approval of Amendment to the Town Manager Employment Agreement (Mayor Amy Phillips)
6.3. Approval of May 28, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
7. WRITTEN REPORTS
7.1. Draft May 20 Finance Committee Meeting Minutes (Chief Administrative Officer Ineke de Jong)
7.2. Draft May 21 Health & Recreation Committee Meeting Minutes (Recreation Aquatics
Superintendent Kacy Carmichael)
_____________________________________________________________________________________
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.
7.3. Grants Update (Deputy Town Manager Patty McKenny)
7.4. Colorado Creative Industries 2024 Summit Update (CASE Manager Danita Dempsey)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
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, JUNE 11, 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 A SPECIAL EVENTS LIQUOR PERMIT 5.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER
EVENT: A TASTE OF NATURE
DATE AND TIME: 5:30 PM – 10:30 PM ON JULY 9, 2024 LOCATION: 318 WALKING MOUNTAINS LANE
TYPE: SPECIAL EVENT PERMIT MANAGER: SHERRI HAHN
6. APPROVAL OF THE MINUTES FROM MAY 14, 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)
7.2. EIN PROSIT FINE BEERS AND SAUSAGES UPDATE (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 Special Event Permit Application -
A Taste of Nature
DATE: May 29, 2024
SUMMARY: The Walking Mountains Science Center, as the Applicant, is applying for malt, vinous,
spirituous liquor permit to serve/sell beverages at the A Taste of Nature special event on July 9, 2024.
The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and
all materials are in order. Documents are on file in the Town Clerk’s office.
The 318 Walking Mountains Lane premises have been posted with notice of the public hearing for this
application, and no public comments were received. The event manager will be present to answer
questions about the application and the event. The Applicant has adequate proof of commercial liability
insurance that meets Town requirements and has obtained any other permit needed for this event.
Background checks show no previous failure by the Applicant to comply with Special Event Permit laws
and fewer than 15 special event permits issued to the Applicant this calendar year.
BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular
types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages
in connection with public events. Avon has adopted the lo cal option whereby applications are made directly
to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a
single day. An entity may receive a maximum of 15 special event permits per calendar year. There is no
required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for
denial of a special event permit application as follows:
“The state or local authority may deny the issuance of a special event permit upon the grounds that the
issuance would be injurious to the public welfare because of the nature of the special event, its location
within the community, or the failure of the applicant in a past special event to conduct the event in
compliance with applicable laws.”
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the
Local Liquor Licensing Authority, will consider a Special Events Permit Application for the upcoming A
Taste of Nature special event. A public hearing is required before final action is taken.
Applicant Name: Walking Mountains Science Center
Event Name: A Taste of Nature
Event Date: July 9, 2024
5:30 p.m. – 10:30 p.m.
Location: 318 Walking Mountains Lane
Event Manager: Sherri Hahn
Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor
Page 2 of 2
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special
Events Permit application for the A Taste of Nature special event on July 9, 2024 from 5:30 p.m. to 10:30
p.m.”
Thank you, Brenda
SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS:
The Applicant for the special event permit has submitted the following materials:
✓ Attachment A: Application for a Special Event Permit (State form DR 8439)
✓ Attachment B: Alcohol Management Plan
✓ Attachment C: Diagram
Attachment A
Attachment B
Attachment C
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, MAY 14, 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 Avon
Liquor Licensing Authority Meeting to order at 5:00 p.m. A roll call was taken, and Board Members
present in person were Rich Carroll, Lindsay Hardy, Board Vice Chair Tamra Underwood, and Chair
Amy Phillips. Board members Chico Thuon, RJ Andrade, and Ruth Stanley were absent. Also present
in person were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Erica Romberg in
representation of Town Attorney Nina Williams, Chief of Police Greg Daly, Chief Administrative
Officer Ineke de Jong, and Deputy Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:01:04
Chair Phillips initiated the meeting with the agenda approval process. No changes were made to the
agenda.
Vice Chair Underwood moved to approve the Liquor Licensing Authority Agenda as presented. Board
member Hardy seconded the motion. The motion was approved with a 4-0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:21
Chair Phillips asked if there were any conflicts of interest related to the Agenda, and none were
disclosed.
4. PUBLIC COMMENT – COMMENTS A RE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:01:36
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 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 no public
comments were made.
5. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT
Video Start Time: 00:01:58
5.1. Applicant Name: Education Foundation of Eagle County
Event: Evening of Stars
Date and Time: May 31, 2024, 5:00 pm – 9:30 pm
Location: 1 Lake Street – Harry A. Nottingham Park/Pavilion
Type: Special Event Permit
Manager: Tessa Kirchner
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, MAY 14, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 2
The Manager of the event, Tessa Kirchner, was present in person to talk about this application and
to respond to any Council questions. She said this is the 35th year they are celebrating educators in
our community, and she thanked the Town of Avon for facilitating the venue for the 4th year for all
Eagle County School District staff. She mentioned they are doing a raffle to support this event.
Deputy Town Clerk Brenda Torres mentioned that the fee for this application has been paid and that
public notices were posted, with no public comments received.
Chair Phillips opened the public hearing and asked if there was any public comment from those
present in the room or virtually. No public comments were made.
Vice Chair Underwood asked the applicant how they had controlled uninvited people with no fence
barrier showing it is a private event. Wendy responded that everyone is welcome, and that they
invite not only the ECSD staff, but also their families and friends. She invited everyone in the room
to join them at this fun event.
Board Member Carroll moved to approve the Special Events Permit application for the Evening of
Stars special event on May 31, 2024 from 5:00 p.m. to 9:30 p.m. Board member Hardy seconded the
motion. The motion was approved with a 4-0 vote of those present.
6. PUBLIC HEARING FOR A RETAIL ESTABLISHMENT LIQUOR PERMIT
Video Start Time: 00:08:06
6.1. Applicant Name: Vail Valley Art Guild
Location: 137 Benchmartk Road #C2
Manager: Melissa Nelson
President Melissa Nelson and Vice President Lynn Feiger of the Vail Valley Art Guild were present in
person. Melissa mentioned the poster for the public hearing was posted at the premises and talked
about the new art gallery. Chair Phillips asked about the process if the applicant would like to add
new dates. Deputy Town Clerk Brenda Torres said no more than 24 days in a year are allowed, and
only 14 are included in this application; however, if they need to add any date or make any
modification on the approved dates, they need to notify the Town Clerk’s office in writing at least 15
days in advance. This can be approved administratively and then sent to the State. Chair Phillips
asked the applicant about the management plan.
Chair Phillips opened the public hearing and asked if there was any public comment from those
present in the room or virtually. No public comments were made.
Vice Chair Underwood moved to approve the Retail Establishment Liquor Permit application for the
Vail Valley Art Guild for the dates listed in the application. Board member Hardy seconded the
motion. The motion was approved with a 4-0 vote of those present.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, MAY 14, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 3
7. PUBLIC HEARING FOR A NEW (CHANGE OF CLASS) FERMENTED MALT BEVERAGE AND WINE OFF PREMISES (CITY)
LIQUOR LICENSE
Video Start Time: 00:16:19
7.1. Applicant Name: Maverik, Inc d/b/a Maverik, Inc #689
Location: 240 Wagon Trail Road
Type: Fermented Malt Beverage and Wine Off Premises (City)
Manager: Jamina Plett
Deputy Town Clerk Brenda Torres introduced this item with a PPT presentation with the summary of
this application and the process of this reclassification. She explained that the State and the Town
Clerk’s office agreed on waiving the 30-day requirement to hold a hearing for a new license, allowing
the materials included in the original liquor license application to be reused, and allowing the store
to continue the temporary sale of beer and wine until the process of liquor license reclassification is
completed. She confirmed that the Report of Findings and all materials previously submitted on the
last approval on July 25, 2023, remain unchanged, and said public notices were posted on the
premises and the Vail Daily, with no public comments received.
Jamina Plett, Manager of the store, was present in person and Utahna Archuleta, Licensing Manager
for Maverik Inc, was present via Zoom.
Chair Phillips opened the public hearing and asked if there was any public comment from those
present in the room or virtually. No public comments were made.
Vice Chair Underwood moved to approve Liquor Licensing Authority Resolution 24-01, Approving the
application of Maverik, Inc d/b/a Maverik, Inc #689 for a New Colorado Retail Fermented Malt
Beverage and Wine (Off-Premises) License Application. Board member Hardy seconded the motion.
The motion was approved with a 4-0 vote of those present.
8. APPROVAL OF THE MINUTES FROM APRIL 9, 2024 MEETING
Video Start Time: 00:24:05
Board member Carroll moved to approve the Minutes from Tuesday, April 9, 2024, as presented.
Board Member Hardy seconded the motion. The motion was approved with a 4-0 vote of those present.
9. WRITTEN REPORT
9.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES)
10. ADJOURNMENT
Chair Phillips mentioned that the Town will make sure that liquor establishments in town are in
compliance with the displays of their alcohol products.
The Avon Liquor Licensing Authority Meeting adjourned at 5:26 p.m.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, MAY 14, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 4
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: May 29, 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 May 14, 2024, the Town has received 1 Report of Changes -Modification of Premises Application that
has met all the requirements for administrative review and approval and was ultimately approved by the Deputy
Town Clerk. No comments, complaints, or request for hearings were received. It is as follows:
Report of Changes:
Applicant: WVO Licensing LLC d/b/a Wyndham Resort at Avon
Location: 75 Benchmark Road
Type: Resort Complex (City)
Manager: Pete Reyes
Thanks,
Brenda
(970) 748-4022 btorres@avon.org
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Deputy Town Clerk
Date: May 29, 2024
Topic: EIN PROSIT FINE BEERS AND SAUSAGES – OPTIONAL PREMISES UPDATE
SUMMARY: Below is a summary of the events under which Ein Prosit Fine Beers and Sausages discontinued
its process of Optional Premises under Liquor Licensing Authority Resolution 23 -02. Consequently, Resolution
23-02 was cancelled. 1. On July 18, 2023, current licensee Sky and Cloud LLC, d/b/a/ Ein Prosit Fine Beer and Sausages (“Ein
Prosit”) applied for an optional premises (the “OP”) to its existing Hotel & Restaurant liquor license and
paid to the State the fee associated with that application.
2. After reviewing the application with the Town Attorney, the OP request was presented to the Local
Liquor Authority on July 25, 2023, and it was approved under Liquor Licensing Authority Resolution
23-02.
3. On August 11, 2023, the Town Clerk’s Office and Mr. Brian Nolan, representative of Ein Prosit, both
received a Letter of Notification from the State of Colorado Liquor Enforcement Division in which they
indicated that the OP should be treated as a temporary modification of premises (the “TMP”), and that
only the difference in fees between the OP and the TMP ($200) should be paid to be approved.
4. After consideration, Mr. Nolan did not further pursue or complete payment for the TMP. 5. On February 21, 2024, when following up with Mr. Nolan, he advised the Town Clerk’s Office of his
intent to formally discontinue the OP as he was no longer interested in pursuing the TMP. The reason
he indicated in his correspondence was that he would not need to use the parking lot for his summer
series given that the deck had been working well for that purpose.
6. Since Mr. Nolan had completed a payment to the State for the OP, the State issued him a refund and
advised they were terminating the OP’s review. No local fee was refunded given that none was
applicable nor collected by the Town.
7. Mr. Nolan was advised that if Ein Prosit would like to apply to use the parking lot for his summer series
event in the future, he should submit a temporary modification of premises application in the future to
comply with the requirement from the State.
Thanks,
Brenda
970-748-4013 idejong@avon.org
TO: Honorable Mayor Phillips and Council Members FROM: Ineke de Jong, Chief Administrative Officer
RE: Castle Peak Senior Life and Rehab Update
DATE: June 4, 2024
SUMMARY: Shelly Cornish, Executive Director and Administrator of Castle Peak, will attend Tuesday’s
meeting to present information about Castle Peak Senior Life and Rehab. Castle Peak opened in 2016 and
as they continue serving older adults that helped build the valley, they asked to share some updates with the
various towns, businesses and individuals that supported creating Castle Peak.
This is an informational update only and no Council action is requested.
Thank you, Ineke
ATTACHMENTS:
Attachment A: Castle Peak Update
Castle Peak Update
ATTACHMENT A
An Essential Service
•Since the very beginning, the vision for Castle Peak has been to
provide essential senior care and living services to all in need in our
community.
•This vision was born out of the generosity of local donors, towns, and
businesses. We are grateful for your town’s generosity in helping to
create Castle Peak.
Helping Lifelong Residents Age in Place
•The experience, generosity and insights of older generations make our
community whole.
•As the only senior living community in Eagle County and Summit County,
Castle Peak remains a critical resource for these lifelong residents who
helped build the valley that we have all come to know and love today.
Compassionate Care at Every Level
•Since 2016, Castle Peak has been providing compassionate care
and services to an average of 140 residents per year.
•44 bed skilled nursing facility
•22 long-term care
•10 transitional care/rehab
•12 memory care
•20 assisted living apartments
National Recognition
•Castle Peak recently received the Pinnacle Customer Service award for
scoring in the top 15% of senior care in the nation in the following
categories.
•Overall Satisfaction
•Quality of Food
•Cleanliness
•Individual Needs
•Laundry Service
•Dignity and Respect
•Professional Therapy Services
Castle Peak Care & Services Data
0%
10%
20%
30%
40%
50%
60%
70%
Medicaid Private Pay Medicare Other
Castle Peak: Payer Source
Castle Peak Care & Services Data
Occupancy Impact:
Compassionate and
competent employees
Supportive residents and
families
Quality care and strong
connections with Vail Health
and Valley View Health
Systems
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
YE 2019 YE 2020 Current 2023
Castle Peak SNF: Occupancy
State Avg (CO)
Castle Peak Care & Services Data
Castle Peak’s Growing Challenges
•While the need for Castle Peak is greater than ever today, the rising cost
of living, lack of affordable housing and workforce crisis have immensely
increased the cost of providing care in Eagle County.
•Government reimbursement programs have not kept pace with the cost of
care in the region. The Medicaid gap is approximately $150 per day per
Medicaid resident.
•Fortunately, we have found some short-term solutions and partners to
help us continue providing essential care and services to all older adults
in need, including residents utilizing Medicaid.
Solutions
•Improving operational efficiencies, increasing occupancy and reducing
pool labor use is an ongoing focus.
•Eagle County has chosen to invest in supporting this important service
in the valley for 2023 and 2024. While this level of support does not
cover the entire operating gap at Castle Peak, it does bring it within
reach so we can work to continue serving all older adults in need,
including those individuals utilizing Medicaid.
•Seeking other charitable support and partnerships is ongoing.
•While the operating environment is challenging, we remain
encouraged by the mission of Castle Peak and the committed
community members engaged in finding ways to support this
important work.
Christine and Gary’s Story
“They still have their two favorite things: each other and the fresh
mountain air, their lifeblood. Two things they never want to be without.
And thanks to the generosity of the valley in creating Castle Peak,
they won’t ever be without them.”
Thank YOU!
We remain grateful for your community’s support in making
Castle Peak a reality!
Questions?
Shelly Cornish
Castle Peak Executive Director
Shelly.Cornish@cassialife.org
970-432-1100
970-471-5370 shymes@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Sarah Smith Hymes, Sustainability Coordinator
RE: Resolution 24-18 Eagle River Community Water Plan
DATE: May 31, 2024
SUMMARY: James Dilzell, the Executive Director of the Eagle River Coalition (formerly known as the
Eagle River Watershed Council) will provide an overview of the Eagle River Community Water Plan (the
“CWP”). The CWP is the result of a multi-year study by scientists from multiple domains. They have
evaluated current and past river conditions on the basis of ten variables related to river health to predict
future impacts on water quality and quantity from population growth, water use, reservoir development and
climate change.
The intent of the CWP is to provide the community and its leaders with the data needed to understand the
source and scope of the threat to our water supply and river health, and to provide water management
recommendations to guide planning efforts to ensure water security and river system health now and for
future generations. As stated in the CWP’s executive summary, “…the overall goal of the Eagle River
Community Water Plan is to consider past, present and future human and ecosystem river health values to
identify opportunities to correct historical degradation and prevent and mitigate against non-desirable future
conditions.”
The request to Council is to consider Resolution 24-18 (Attachment B) Adopting the Eagle River
Community Water Plan. Adoption of the CWP by the Town of Avon and other partners will enhance funding
grant applications by demonstrating community support for its objectives.
BACKGROUND: The State of Colorado laid the groundwork for this plan in 2015 with the adoption of the
Colorado Water Plan, a grassroots effort to help Colorado meet its water challenges through collaborative,
basin-specific or statewide water projects. Its stated goal in 2015 was to have 80 percent of locally
prioritized rivers covered by stream management plans by 2030. The Eagle River Coalition took the lead on
development of the plan for the Eagle River basin starting in 2017. Funding was provided by the Colorado
Water Conservation Board and the following community partners: Homestake Water Project Partners,
Eagle Park Reservoir Company, Eagle River Water & Sanitation District, Vail Resorts, Climax Mine
(Freeport McMoran), Colorado River District, Eagle County and the towns of Vail, Avon, Gypsum and
Minturn. The total project cost was $495K; The Colorado Water Conservation Board provided $330K, with
the balance provided by stakeholders with cash and in-kind support of $165K. The Town of Avon
contributed $10K.
ANALYSIS: The breadth and depth of the analysis of the river conditions in each of 12 reaches of the river
allows each locality to focus on its section/s of the river. The stretch of the Eagle River flowing through
Avon is covered by two reaches – the Gore Creek to the Avon Wastewater Treatment Plant, and the
Wastewater Treatment Plant to Squaw Creek. A report card for each reach is graded for degree of
impairment from none to profound. Impacts of population growth, development of new reservoirs in the
upper watershed, and three different climate change trajectories were evaluated in ten different model
scenarios. The report also includes drivers of future conditions including municipal demand, new reservoirs
and trans-mountain diversions, climate change, wildfire and urbanization.
FINANCIAL CONSIDERATIONS: Aside from the $10,000 Avon already contributed to the Plan, there are
no financial implications to adopting the Plan.
970-471-5370 shymes@avon.org
RECOMMENDATION: Given the critical role that the Eagle River plays in Avon - both as a source of our
municipal water supply and an economic driver for our outdoor recreation-based economy – I recommend
adoption of Resolution 24-18.
OPTIONS: Take no action or approve Resolution 24-18 [with or without revisions].
PROPOSED MOTION: “ I move to approve Resolution 24-18 Adopting the Eagle River Community Water
Plan.”
Thank you, Sarah
ATTACHMENT A: Eagle River Coalition Presentation
ATTACHMENT B: Resolution 24-18 Adopting the Eagle River Community Water Plan
ATTACHMENT A: Eagle River Community Water Plan
Eagle River
Community Water Plan
Town of Avon - June 2024
ATTACHMENT A
New name, same mission.
Advocate for the health of the Upper Colorado and Eagle
River Basins through research, projects and education.
Our Watershed
Eagle
River
Watershed970
square miles
50,000+
people in Eagle County
depend full-time on a
healthy watershed
6,150’
Colorado River
confluence in
Dotsero
14,005’
Mt. of the Holy Cross
The Eagle River contributes about 9%
of the Colorado River’s flow at the Utah
border. and between 2.5-3% of the total
Colorado River Basin annual discharge.
120 natural
lakes &
8 reservoirs
1200+ miles of
named streams
and rivers
9%2.5-3%
Consider past, present, and
future human and
ecosystem river health
values to identify
opportunities to correct
historical degradation and
prevent and mitigate against
non-desirable future
conditions.
Community
Outreach
Workshops and
community presentations
Booths at local events and
recreation centers
Web-based community
surveys
Strategies
WILDLIFE AND
BIODIVERSITY
MUNICIPAL
WATER USE
ANGLINGRECREATIONAL
BOATING AESTHETICS AND
VIEWSCAPES
SNOWMAKING
AGRICULTURE
Community Values
Water Use
Modeling
Roughly mirrors CWCB’s
models for the Eagle
Multiple potential futures
for Eagle County
Geography: limited to the
Eagle River mainstem
below the confluence with
Homestake Creek, Gore
Creek below Black Gore
Creek, Brush Creek, and
Gypsum Creek.
Using ERWSD’s “ER20”
Management
Strategies
Instream habitat restoration
Management of instream flows
Climate studies/infrastructure
Riparian habitat restoration
Recreation infrastructure
Recreation use limits
Turf reduction and landscaping
Water rates
Education and community
outreach
Projects | Programs
Policies | Studies
Implementation - what’s next?
Securing a
vibrant future.
for us, our wildlife,
and future generations
waterplan.eagleriverco.org
Resolution 24-18 Adopting the Eagle River Community Water Plan
June 11, 2024
Page 1 of 1
RESOLUTION 24-18
ADOPTING THE EAGLE RIVER COMMUNITY
WATER PLAN
WHEREAS, The Eagle River Community Water Plan (the “Plan”) is a long-range planning document
that considers the past, present, and future ecosystems of the Eagle River watershed and identifies
opportunities to correct historical degradation and prevent and mitigate against non-desirable future
conditions; and
WHEREAS, The Plan was developed with a wide-range of stakeholder and community involvement and
input between 2017 and 2022, engaged more than 400 community members over more than 1,615 hours
and 59 meetings, and serves as a guidance document that provides insight into watershed-level values
and priorities. Through the planning process, stakeholders outlined their objectives and identified
strategies to create a foundation for the communities within the Eagle River watershed to mitigate
potential future impacts on the values they hold associated with the waterways in the Eagle River
watershed; and
WHEREAS, The primary planning and modeled area of the Plan is the mainstem Eagle River below its
confluence with Homestake Creek, and Gore Creek below its confluence with Black Gore Creek. A less-
intensive evaluation and project identification effort was also carried out on Gypsum Creek and Brush
Creek; and
WHEREAS, The Eagle River is a resource that provides drinking water, recreational access, and
economic vitality to more than 50,000 people, and contributes about 9% of the Colorado River’s flow at
the Utah/Colorado border, and between 2.5-3% of the Colorado River’s total annual discharge; and
WHEREAS, The issues, needs, projects, and processes described in the Plan articulate the goals and
objectives of the communities in the Eagle River watershed for collaboratively addressing the region’s
water future. The Plan does not supersede or serve as a substitution for any local, state, or federal
permitting processes or subvert any existing water rights. Any objective or action identified in the Plan
should be considered within the existing legal and regulatory framework; and
WHEREAS, The Town of Avon will use the Plan as a guide to develop future priorities, allocate
resources, and work to secure a vibrant future for the Eagle River and its tributaries. This will be in
conjunction with any relevant and adopted department goals and other formal organizational priorities.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council
hereby adopts the Eagle River Community Water Plan, attached hereto as Exhibit A, as a strategic guidance
document for the Town of Avon
ADOPTED JUNE 11, 2024, by the AVON TOWN COUNCIL
By: Attest: ___________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT B
Eagle River
Community Water Plan
2024
EAGLERIVERCO.ORG
970-826-5406
EIN: 20-4448864
EAGLE RIVER COALITION
461 RAILROAD AVENUE, UNIT C
PO BOX 1477 | GYPSUM, CO 81631
ATTACHMENT C
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Funding and Partner Support
Disclaimer
The Eagle River Community Water Plan was made possible by efforts within the Colorado Water Plan adopted
in 2015 and subsequent grant programs through the Colorado Water Conservation Board. Additional funding
was provided by Homestake Water Project Partners, Eagle Park Reservoir Company, Eagle River Water &
Sanitation District, Vail Resorts, Climax Mine (Freeport McMoran), Colorado River District, Eagle County and
the towns of Vail, Avon, Gypsum and Minturn. The organizations indicated below regularly participated in the
planning process and provided valuable insights, suggestions, and edits. The Eagle County Conservation
District provided input on behalf of the agricultural community.
Preface
The Eagle River Watershed supports diverse uses
of water that may be impacted by population
growth and increasing municipal demand for
water in Eagle County, climate change and
volatility, and projects related to the Eagle River
Memorandum of Understanding (ERMOU)–an
intergovernmental agreement for developing
municipal water supplies in the upper Eagle River
watershed.
Therefore, the overall goal of the Eagle River
Community Water Plan is to consider past,
present and future human and ecosystem river
health values to identify opportunities to correct
historical degradation and prevent and mitigate
against non-desirable future conditions.
Eagle River Coalition, formerly the Eagle River
Watershed Council, initiated the Eagle River
Community Water Plan in order to develop
proactive water management recommendations
that anticipate changes to local hydrology and
water demand.
The State of Colorado laid the groundwork for
this plan with the adoption of the Colorado Water
Plan in 2015 that set out to have 80 percent of
locally prioritized rivers covered by stream
management plans by 2030. Through the
planning process, we wanted to seek multiple
benefits, engage community members and
consider a changing environment while
balancing all uses and protecting river health.
“When you put your hand in a flowing stream, you touch
the last that has gone before and the first of what is
still to come.” – Leonardo Da Vinci
The issues, needs, projects, and processes described here articulate the community’s goals and objectives
for collaboratively addressing the region’s water future. The perspectives characterized here reflect
outcomes of engagement with community members between 2017 and 2022. The Eagle River Community
Water Plan does not supersede or serve as a substitution for any local, state, or federal permitting
processes or subvert any existing water rights. Any objective or action identified in the ERCWP should be
considered within the existing legal and regulatory framework.
Prepared For:
Prepared By:
With Support From:
461 Railroad Ave, Unit C
PO Box 1477
Gypsum, CO 81631
345 Colorado Ave. Unit 104
Carbondale, CO 81623
4 5
The Eagle River Watershed is not an unknown or unstudied resource. Many plans,
projects and efforts precede this water plan. However, many of those planning
efforts and assessments focus on existing water quality issues and current
conditions. In order to mitigate human and environmental demand shortages that
are generally undesirable, the Eagle River Community Water Plan placed greater
focus on future water quantity and quality issues. This approach was motivated by
the growing recognition that the future may bring altered hydrology and
increased demand for water.
Within the Watershed, there are numerous user types and water uses to account
for. Water is removed from the Eagle River and its tributaries in varying amounts at
different times of the year to support agriculture, domestic uses, and recreation
(e.g., rafting and snow making). Water is also diverted from the headwaters across
the Continental Divide through a system of transbasin diversions for use on the
Front Range. The water left in rivers and streams supports fishing, boating and
other recreational uses, which contribute to residents’ high quality of life and the
success of the local economy. The well-being of our communities relies on healthy
aquatic ecosystems. The health of streams and river, in turn, is significantly
influenced by the amount and timing of streamflows and the degree to which
those flows resemble natural conditions.
The Eagle River Coalition initiated the Eagle River Community Water Plan with a
two-part mission to 1) consider past, present, and future human needs and river
health issues to identify opportunities to correct historical degradation and
prevent and mitigate against non-desirable future conditions for environmental
and recreational water uses; and 2) understand the independent and interactive
impacts of population growth, water use, reservoir development, and climate
change (air temp. and precipitation patterns) on human and ecosystem water
needs.
We hope this planning effort can help water managers and policy makers better
understand the community’s concerns about the well-being of our streams and
rivers. Notably, this effort produced a set of Management Objectives that
synthesize what stakeholders and the community want to achieve and represent a
shared vision for streams and rivers in Eagle County.
Sincerely,
James Dilzell
Executive Director
Eagle River Coalition
A Note From the Eagle River Coalition
6 7
Table of Contents Glossary of Terms
Introduction…………………………………………………………………..8
Current Conditions…..………………………………………………….16
Potential Drivers………………………………………………………….22
Report Cards……………………………………………………………….28
Values At Risk…..…………………………………………………………54
Strategies……………………………………………………………………66
Implementation…………………………………..………………………68
Appendices:
A. Planning Goals and Objectives
B. Stakeholder & Community Engagement
C. Technical Analysis Summary
D. Annotated Bibliography
E. Water Rights Administration
F. Historical & Future Hydrology
G. Hydrological Alteration & Ecosystem Vulnerability
H. Environmental Flow Deficits
I. Linkages Between Hydrology & Aquatic Habitat Quality
J. Lateral Hydrological Connectivity and Riparian Habitat
K. Hydrological Controls on Water Quality Below the Eagle Mine
L. Hydrological & Atmospheric Controls on Water Temperature
M. Streambed Sediment Mobilization Thresholds and Frequencies
N. Recreational Water Uses on the Eagle River and Gore Creek
O. Report Card Grading Criteria
P. Strategy Implementation Work Plan
Q. Dissenting Perspectives
BIP Basin Implementation Plan
BLM Bureau of Land Management
CBRT Colorado Basin Roundtable
CEC Community Engagement Committee
CTG Core/Technical Group
CWCB Colorado Water Conservation Board
CWP Colorado Water Plan
EGS Ecosystem Goods and Services
ER20 Eagle River 20 Simulation Model
ERC Eagle River Coalition (formally Eagle River Watershed Council)
ERCWP Eagle River Community Water Plan
ERMOU Eagle River Memorandum of Understanding
ERWP Eagle River Watershed Plan
IWMP Integrated Water Management Plan
SMP Stream Management Plan
TMD Transmountain Diversion
USFS United States Forest Service
USGS United States Geological Service
Although the natural flow regime1 of many waterways in the Eagle watershed are much more intact than
other Colorado streams and rivers, human settlement and the associated consumptive use and
management of water inexorably alters streamflow. Roughly 75% of the average annual flow volume of the
Eagle River occurs during the months of May, June and July. The remaining 25% of flow is spread across
the rest of the year, supporting aquatic and terrestrial wildlife, numerous recreational uses, and helping to
meet community demands for affordable, clean and reliable water supplies (ERWP, 1996). Reservoir
storage and transmountain diversions reduce streamflows during snowmelt periods on many headwaters
streams, with additional flow impacts rippling downstream. Conversely, these releases augment flows in
some reaches during summer and fall low flow periods when water diversions for municipal and
agricultural uses would otherwise reduce flows well below natural conditions. A warming climate and
increasing demand for agricultural and municipal water in Eagle County and Front Range communities is
likely to significantly alter patterns of streamflow in local streams and rivers in the coming decades.
The Eagle River flows into the 21st century amidst a host of changing landscapes and climate
characteristics. Increasing human populations, shifting values towards water uses, and increasing impacts
to streams and rivers from climate change place new pressures on local streams and rivers to satisfy the
needs of both human communities and aquatic ecosystems2. These changes may have corresponding
impacts on environmental and recreational water uses.
1 A river’s flow regime is the natural pattern of flow over time and can be described by the magnitude, timing, and frequency of high
and low flows. In the Rocky Mountains, the natural flow regime typically features high, fast flows in late spring and early summer,
declining through summer and early fall until low winter base flows settle into place.
2 https://dnrweblink.state.co.us/CWCB/0/edoc/217373/ColoradoWaterPlanPublicReviewDraft.pdfIN
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The Eagle River watershed is home to a network of clear mountain streams and rivers that cover
approximately 960 square miles of rugged mountain ridges and verdant river valleys. Elevations
in the watershed range from 6,100 feet near Dotsero to 14,003 feet at the summit of Mount of
the Holy Cross, supporting a diversity of ecological communities reflective of this dramatic
elevation range. Unique among most Colorado watersheds, approximately 98% of the Eagle River
basin is located in a single jurisdictional boundary - Eagle County. Nearly 75% of the watershed is
on public land managed by two federal agencies, the United States Forest Service (USFS) and the
Bureau of Land Management (BLM). Flowing north then west for about 77 miles, the Eagle River
originates in steep headwaters catchments above tree-line near Tennessee Pass. It is fed by
numerous ephemeral, intermittent and perennial streams, springs and seeps as it descends
through montane forests and semi-arid valley bottoms near its confluence with the Colorado River
at Dotsero. Water from the mainstem Eagle River and its many tributaries supports a high
diversity of ecological and human uses as they traverse Eagle County. Understanding and
protecting these uses is the primary interest of the Eagle River Community Water Plan (ERCWP, or
the “Plan”).
square miles
970
Eagle River
Watershed
people in Eagle County
depend full-time on a
healthy watershed
50,000+
14,005’
Mt. of the Holy Cross
1200+ miles of
named
streams and
rivers120 natural
lakes &
8 reservoirs
6,150’
Colorado River
confluence
The Eagle River contributes
about 9% of the Colorado
River’s flow at the Utah
border. and between 2.5-3%
of the total Colorado River
Basin annual discharge.
9%2.5- 3%
Plan
Summary
Planning Area
The primary geography considered by the Plan’s various technical
analyses includes the mainstem Eagle River below the
confluence with Homestake Creek and Gore Creek below the
Confluence with Black Gore Creek. A less-intensive
evaluation and project identification effort was also
carried out on Gypsum Creek and Brush Creek.
Community values identified in the ERCWP apply
more broadly to the entire watershed.
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Planning Goals
Eagle River Coalition (ERC) seeks to understand environmental and recreational (E&R) water
needs within the Eagle River Basin. Assessing impacts of future water development and climate
change on river health and socially valuable aspects of the river is central to this task. This
interest led ERC to coordinate the activities of the ERCWP. ERC produced the Plan collaboratively
with local stakeholders and Front Range water providers to achieve the following1:
• Support the sustainable development of natural and physical resources and the
maintenance of ecological processes and biological diversity;
• promote the equitable and sustainable use and development of water;
• encourage public involvement in resource management and planning;
• promote the sharing of responsibility for resource management and planning between the
local city and county governments, municipal water providers, out-of-basin water interests,
the community, and state and federal government agencies;
• provide timely information and forecasts that directly support environmental, social,
economic, conservation and resource management policy development and decision-
making by local governments, utilities and special districts;
• secure a pleasant, safe and desirable working, living, and recreational environment for all
residents and visitors to Eagle County;
• conserve those areas or other places which are of scientific, aesthetic, or otherwise of
special cultural or environmental value;
• recognize the significant social and economic benefits resulting from the sustainable use of
water resources for the supply of drinking water and commercial activities dependent on
local rivers and streams;
• maintain healthy, functioning ecosystem processes and high levels of biodiversity in
aquatic ecosystems;
• provide for the fair, orderly and efficient allocation of water resources to meet the
community's needs;
• increase the community's understanding of aquatic ecosystems and the need to use and
manage water in a sustainable and cost-efficient manner;
• provide information supporting procedures for evaluation, implementation, enforcement,
and review of water resources management activities; and
• consider the multiple uses of water and the ways that each use may be affected differently
by climate change, population growth, and other stressors.
The Plan promotes sustainable resource use and development. The concept of sustainable
development means managing for the use, development and protection of natural and physical
resources in a way, or at a rate, that enables communities to provide for their social, economic
and cultural well-being and for their health and safety while: 1) sustaining the potential of natural
and physical resources to meet the reasonably foreseeable needs of future generations in Eagle
County; 2) safeguarding the life-supporting capacity of water and aquatic ecosystems; and 3)
avoiding the need to mitigate any adverse effects of human activities on the environment2.
The Plan assesses historical hydrological conditions and presents a range of potential water use
and management futures to consider how well these futures continue to support the diversity of
human and ecosystem needs. The primary output of this plan is a collaboratively prioritized set of
management strategies that reflect the goals, needs, and values of the local community. The
goals, objectives and strategies developed under the Plan are not, necessarily, restricted to the
same geography as that covered by the technical analyses.
1 Informed, in part, by the New South Wales Water Management Act 2000 No. 92, the Tasmania Water Management
Act 1995, and the Victoria Environment Protection Act 2017.
2 Tasmania Water Management Act 1999
The two-part mission of the Eagle River Community Water Plan is to:
• consider past, present, and future human needs and river health issues to identify opportunities to
correct historical degradation and prevent and mitigate against non-desirable future conditions for
environmental and recreational water uses; and
• understand the independent and interactive impacts of population growth, water use, reservoir
development, and climate change (air temperature and precipitation patterns) on human and
ecosystem water needs.
See Appendix A for a more detailed discussion of the planning goals and objectives.
Use of the Plan
This Plan provides a road map for community members, local governments and other organizations eager
to implement projects that support diverse water needs. Specifically, the Plan provides: 1) a framework for
characterizing potential impacts/changes to riverine conditions and/or identifying areas where river health
may be most impacted by the interaction between proposed water management activities and other
physical and biological components of the ecosystem, 2) an understanding of environmental and
recreational needs gaps as they are affected by hydrological variability and increasing demands for water
in Eagle County and on the Front Range, and 3) a set of durable planning objectives that may help guide
the distribution of funds to support high-priority environmental and/or recreational needs across Eagle
County. Importantly, the conformance of goals and objectives identified in the ERCWP and the Colorado
River Basin Roundtable (CBRT) Basin Implementation Plan (BIP) should facilitate the procurement of state
and federal funding for local project implementation.
The ERCWP serves as a guidance document that provides insight into watershed-level values and priorities.
Through the planning process, stakeholders outlined objectives and identified strategies to create a
foundation for the communities of the Eagle River to mitigate potential future impacts on the values they
hold associated with the River.
• Stakeholders can use the Plan to better understand community values associated with the Eagle
River and leverage the objectives and strategies identified in the plan to apply for grants and other
funding opportunities.
• Land managers can use the Plan to help decide where and how to allocate resources.
• Decision-makers can use the contents of the ERCWP as supporting information to make informed
decisions about where and how to align policy and allocation of resources in a manner that reflects
stakeholder and community perspectives.
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Planning Context
The Colorado Water Plan (CWP) seeks to understand the state’s water needs, identify gaps and
promote projects and processes to meet those needs. The CWP recognizes the potential for
changes in water supplies necessary to sustain local communities and meet diverse water needs.
The state of Colorado encourages local stakeholders to engage in strategic planning efforts that
collaboratively address their changing water futures1. Specifically, the Colorado River Basin
Roundtable called for Stream Management Plans and Integrated Management Plans in the BIP
as a means for filling important data and information gaps2. ERC’s 2013 Eagle River Watershed
Plan (ERWP) further promoted stream management planning to aid locally-sustainable water
management.
“[…] where individual reaches of rivers or streams are identified as
impaired or having inadequate flows, craft and implement Streamflow
Management Plans that offer creative and cost effective strategies to
address ecological, domestic, recreational and agricultural water
needs.” (ERWP, 2013)
In 2018, ERC and other local stakeholders recognized a general lack of information necessary to
understand environmental and recreational water needs in the Eagle River Watershed, and how
these needs may be impacted by climate change and/or water development activities. These
stakeholders saw opportunity to fill this important data gap and supplement ongoing planning
efforts by local municipal water providers focused on meeting future demands under increasingly
variable environmental conditions. The ERCWP was conceptualized as an effort to provide a
nuanced evaluation of changing environmental conditions and recreational use opportunities on
streams and rivers in response to a changing climate, growing population and changing patterns
of land use.
Community Engagement Process
The Eagle River Community Water Plan implemented a structured stakeholder process to elicit
feedback from the community regarding water use and management in the planning area (see
Appendix B for more information). The planning process promoted sound strategic planning and
coordinated action by various government and non-government entities and members by:
• providing a venue for discussing the multiple uses of water and the ways that each
contributes to the vitality of local communities;
• ensuring that the impacts on E&R water uses were considered when contemplating future
use and development of water; and
• establishing a structured and facilitated dialog among parties for setting objectives and
identifying best practices, policies and other recommendations for the use, development
and protection of water resources.
Engagement with stakeholders via surveys, webinars, and in-person workshop settings featured
activities that helped stakeholders contemplate relationships between existing patterns of water
use, ecosystem condition, the goods and services that streams and rivers deliver to local
communities, and the potential for future impacts to the delivery
of those goods and services due to climate change and/or water
development activities. At the first ERCWP Stakeholder Group
meeting in June 2018, stakeholders formed several groups in
order to guide the development of the plan: the ERCWP
Stakeholder Group, the Core/Technical Group, and the
Community Engagement Committee. Each group had a distinct
role in the formation of the ERCWP.
2 https://dnrweblink.state.co.us/cwcbsearch/0/edoc/216708/Colorado_BIP_Volume2_2022.pdf
1 https://dnrweblink.state.co.us/CWCB/0/edoc/217373/ColoradoWaterPlanPublicReviewDraft.pdf
ERCWP Stakeholder Group
The ERCWP Stakeholder Group consisted of stakeholders from environmental and conservation
organizations, local and Front Range water providers, community members, ERMOU signatories, outfitters,
conservation districts, regional government entities, local municipalities, Eagle County, and state agencies.
The Stakeholder Group had an open membership for anyone interested in providing feedback on the
ERCWP. The Stakeholder Group met regularly to conduct peer-to-peer learning about topics significant to
the ERCWP, provide updates and input on parallel technical
developments and community engagement efforts, and identify
additional high-priority planning issues. The ERCWP Stakeholder Group
was responsible for developing the ERCWP objectives, strategies, and
project list in this plan. The Stakeholder Group was open to anyone
interested in the future of the river and committed to regular and active
participation in meetings.
Core/Technical Group
The Core/Technical Group (CTG) focused solely on the technical aspects of the ERCWP. Members of this
group self-selected to participate in the group. The CTG consisted of members from state agencies, ERMOU
partners, technical consultants, regional governmental entities,
Eagle County, and local municipalities. The CTG met monthly
until the completion of the technical elements of the plan. The
purpose of the CTG was to ensure that those who have ideas or
preferences about the technical elements of the ERCWP have
the opportunity to provide meaningful feedback and direction to
Lotic Hydrological (the technical consultant).
Community Engagement Committee
The Community Engagement Committee (CEC) focused solely on
providing ongoing advice and expertise to the technical
consultant and Peak Facilitation Group to help deliver the
most effective community engagement possible during
the ERCWP process. The Community Engagement
Committee was comprised of members from local
municipalities, Eagle County, ERMOU partners, state
agencies, environmental and conservation
organizations, local and Front Range water providers,
outfitters, and conservation districts. The Community
Engagement Committee designed and provided input
on several community engagement strategies,
including community meetings and several surveys,
and helped interpret results.
The ERCWP was created with significant input
through the ERCWP Stakeholder Group, Core/
Tech Group and Community Engagement
Committee. From 2018 to 2022, the
Stakeholder Group, Community Engagement
Committee and Technical Advisory Group met
53 times for a total of 1,433 hours.
ERC hopes that the voice of the community
reflected in this Plan continues to be informative
and useful to elected officials and other decision-
makers as they endeavor to plan for Eagle
County’s water future in a manner consistent with
the goals and principles set forth here.
25
424
Technical
Group Meetings
Total
Hours
19
1061
Stakeholder Group Meetings
Total
Hours
Word cloud created by
community members
during a live survey
activity at a community
meeting in 2019.
Participants were asked
to provide words that
captured their
experiences with local
rivers and streams,
their personal water
uses, or their
concerns for the
well being of local
waterways.
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Throughout the ERCWP planning process, the CEC employed several methods to engage the
broader community and solicit feedback on different elements of the ERCWP. The CEC organized
community meetings with in-person activities and exercises to gather community perspectives
and values. They also set up booths at existing events with similar exercises to reach specific
audiences. Some of the engagement opportunities collected demographic data for the purpose
of communicating with decision-makers about who was providing input on the ERCWP and
whether those providing input on the ERCWP were representative of the population in Eagle
Valley. The CEC designed three different surveys to collect community
feedback: two conducted in 2019 and another conducted in 2022.
Nearly 30 percent of Eagle County identifies as Hispanic, according to US
Census results. Therefore, the CEC made deliberate efforts to engage
members of the Hispanic and Spanish-speaking community in Eagle
County. In 2019, the CEC organized a community meeting with Spanish-
speaking facilitator. Eagle County provided Spanish translation services so that one community
survey could be distributed in Spanish.
Input from Community Members
In early 2019, the CEC hosted two community meetings, one down-valley and one up-valley. One
of these meetings included a Spanish-speaking facilitator. The purpose of the community
meetings was to provide information about the ERCWP planning effort and gather information
from community members about their perspectives on the priority water uses on the Eagle River.
Meeting participants participated in several activities designed to collect their input. One activity
asked community members to indicate on a map of the watershed, locations they had a special
attachment to and thought should be prioritized by the ERCWP, and locations that they perceived
at particular risk for negative change in the future (see map below). A survey questionnaire was
additionally used to collect input about perceived risks to the health of streams and rivers
throughout the watershed and community members’ water use priorities for the ERCWP (see
opposite page for summarized survey responses). A separate survey was distributed to
community members, asking about streamflow preferences on different stream reaches needed
to support whitewater boating activities. In total, more than 400 community members provided
input to the planning process. Questions asked of the community via surveys, community
workshops, and event booths were in
the context of the entire Eagle River
Watershed. As a result, the
feedback provided by
community members apply
to the broader Eagle River
watershed and are not
restricted to the
same geography
as the technical
assessment.
15
130
Outreach
Meetings
Total
Hours
Right: Community
member responses to a
survey question asking
which water uses should
be prioritized by water
planning efforts
conducted under the
ERCWP.
Left: Community
member responses to a
survey question asking
participants to indicate
their greatest perceived
risks to the health of the
Eagle River and its
tributaries.
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Assessment of Current Conditions
The ERCWP process began with a comprehensive search of scientific literature, resource studies
and reports (Appendix D), and a review of existing policy, water rights (Appendix E), and
management actions specific to the Eagle River watershed. This review provided context for
understanding the diversity of social and environmental objectives that influence local and
regional water use and management, and the array of historical conditions and trends in natural
conditions. While numerous works were completed by local parties and agency partners like U.S.
Geological Survey (USGS) concerning water quantity, quality, and the condition of aquatic life,
fisheries, and riparian health in the watershed, a smaller subset of publications have particular
relevance to streamflows and non-consumptive water use and needs for ecosystems and
recreation. Sources critical to the development of the ERCWP include:
• Colorado Water Plan, 2015 (updated 2023): serves as the foundation of the ERCWP
by providing initiatives, connections, and values to meet Colorado’s current and future
consumptive, recreational, and environmental water needs.
• Technical Update to the Colorado Water Plan (2019): communicates and makes
publicly-available the state’s supply and demand projection data, and the methods,
analytical tools, and results used to underpin the CWP’s findings and recommendations.
• Colorado Basin Roundtable Basin Implementation Plan (2015, updated 2022):
identifies stream management plans (SMPs) and Integrated Water Management Plans
(IWMPs) as top priorities. The CBRT states that such planning is vital to providing
sufficient water for environmental needs among the many competing uses and
demands for water, and thereby restoring and protecting ecological processes that
connect land and water while ensuring that streams also serve the needs of human
populations.
• Eagle River Memorandum of Understanding Project Alternatives Study (2016)
provides evaluations of some potential project alternatives to develop water storage and
conveyance projects in the Eagle River basin for West Slope and East Slope interests.
The ERMOU was executed in 1998 by multiple signatories. Various development
alternatives are currently being considered. Future permitting will assess impacts on
water quantity and quality in the Eagle River. For instance, water diversions and storage
can reduce the intensity of spring runoff flows that are important in the maintenance of
aquatic habitat. Spring flows flush fine sediments from the channel substrate and
provide the high-quality gravel beds needed by aquatic insects and fish for reproduction.
High flows also maintain riparian communities through flooding of the banks and
riparian zones adjacent to the river. Studies have not been conducted to determine how
much of a “flushing” flow is actually needed on the Eagle River to maintain optimal
habitat for aquatic life and bank recharge.
• Eagle River Watershed Plan (2013): provides information, goals, strategies and action items
related to water and land management practices in the Eagle River basin. The 2013 document
updates and replaces the 1996 version and includes significant new information, community input
plus the vision for watersheds in Eagle County. Several issues and recommendations are
discussed which provide relevant background to the development of an IWMP. The ERWP is
organized around five water related topics (Quantity, Quality, Land Use, Wildlife and Recreation) all
of which provide direction and insights for the ERCWP.
• Eagle River Inventory and Assessment (2005): an inclusive, scientific baseline inventory and
assessment of the Eagle River with a prioritized list of restoration and conservation projects,
including brief descriptions and cost estimates. It also measures public support for various
prospective projects and other recommended actions. A comprehensive list of ten watershed
restoration principles from scientific literature and case studies to improve the likelihood of
success was included for reference and subsequent work plans.
• Eagle River Assembly, Assembly Report (1994, updated 2000): convened to find a path
through the acrimonious gridlock surrounding Colorado Springs and Aurora’s efforts to develop the
Homestake II project. The assembly reported potential strategies that would: 1) improve the
condition of the river, and 2) assure adequate water supplies for future needs. The resulting
assessment concluded that flows in the Eagle River were inadequate to meet existing
environmental and water supply demands in average years and dryer than average years,
principally in late summer and winter months. Environmental concerns were based on identified
`stream flow deficits' where the amount of water in the stream was not adequate to meet
recommended instream flow rights that had been implemented years earlier (CWCB flow rights) for
the protection of fish. Work by the Assembly eventually led to the 1998 Eagle River Memorandum
of Understanding, which specified conditions for sharing allocated but undeveloped water in joint
or individual water projects, and potential priority focus areas for projects.
• USGS Assessment of surface-water quantity and quality, Eagle River watershed, Colorado
(2007): provides a historical characterization of water quantity and quality, including spatial
patterns and trends. Findings from the report helped direct ongoing water quality monitoring
activities coordinated by the Eagle River Coalition.
This historical body of work provides a rich context for understanding historical and present issues facing
water users, water managers, and community members. optimizing water management decisions to
support existing uses while, simultaneously, alleviating constraints on the delivery of important ecosystem
goods and services (EGS). It is often difficult to quantify EGS value given their nature as non-market
common public amenities. Clean water, healthy fisheries, or stunning viewscapes provide intangible
benefits that do not easily fit within the economic valuation and cost-benefit frameworks that typically drive
resource management decisions. However, when delivery of EGS is acutely constrained, some
corresponding impact—direct or indirect—to local economies, livelihoods, or quality-of-life frequently arises,
driving the need to identify alternative resource management strategies. The ERCWP considers three
primary attributes (the “Attributes”) commonly associated with EGS and frequently affected by water
resource management activities: channel dynamics, riparian health, and aquatic habitat.
Channel Dynamics
Channel dynamics encompass the fluvial and geomorphological processes that interact to control channel
form and evolution across a range of spatial and temporal scales. Channel dynamics respond to
interactions between patterns of rainfall and runoff, catchment-scale physical attributes (e.g. surficial
geology, topography), riparian community structure, and local use practices (e.g. transportation corridor
alignment, grazing practices). As a result, human management activities that modify the hydrological
regime, alter patterns of erosion, adjust the structure of the channel bed, or modify riparian vegetation may
yield fundamental shifts in the geometry and behavior of the stream at the channel (tens of yards) or reach
(hundreds of yards) scale.
Alteration of sediment supply, channel forming flows, or streambank vegetation may lead to complex
interactive effects that result in reduced resiliency of local channel forms. For example, in unconfined
alluvial streams, degradation of riparian forests frequently results in diminished bank cohesion, an
increased rate of channel avulsion, and a progressive widening and filling of the stream channel itself.
These high-dynamic channel states generally provide poor aquatic habitat and present a risk to streamside
property and infrastructure.
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Riparian Health
Riparian areas support a wide variety of physical, biological, and ecological processes. Riparian
zones generate important organic inputs for stream ecosystems, support streambank cohesion,
perform vital nutrient cycling roles, and lend to the quality of aquatic habitat by providing shade
and buffering against temperature extremes. The hydrological regime, sediment and channel
dynamics, invasive vegetation, and near-stream land uses frequently impact the functionality of
riparian areas.
Riparian areas exist in a complex equilibrium state governed by the local geometry of the
channel/floodplain system and the inter-annual pattern of flood flows and baseflows. Occasional
scouring of overbank areas provides the necessary habitat for germination of many riparian
plant species. Following germination, seedlings require a relatively slow reduction in water table
height over the progression of the growing year. Rapid water table reduction or late season water
table heights that drop below the rooting depth of cottonwoods and other riparian plants
stresses vegetation and can leads to mortality. Management activities that alter the magnitude,
timing, or frequency of peak flows and baseflows, therefore, may limit riparian recruitment
leading to decadent stands with little or no regeneration.
Aquatic Habitat
Interactions between streambed structure, channel hydraulics, water chemistry, vegetative
shading, and organic matter inputs dictate the quality of habitat available for fish,
macroinvertebrates, and macrophytes. In alluvial stream systems, high quality habitat typically
supports vibrant and productive aquatic ecosystems—the kind of ecosystems that sustain robust
trout fisheries. Habitat quality shares a directly proportional relationship to food-chain length in
many systems. Ecosystems supporting long food chains tend to display greater resilience to
changing external forcing variables like climate. Land and water management activities that
affect sediment transport dynamics, streambed complexity, riparian shading, and local
hydraulics comprise important primary controls on aquatic habitat quality.
Many aquatic species rely on specific and relatively narrow ranges of water depth, velocity and
substrate types to perform various feeding/resting behaviors or complete different life stages.
Fragmentation or degradation of habitat for aquatic species may, therefore, arise from
modification of the hydrological regime, which alters local channel hydraulics and the spatial
distribution of water depths and velocities. In a similar fashion, activities that physically alter the
structure of the streambed may impact habitat quality by transforming the local hydraulic
channel response to a given streamflow. The critical interaction between local structure and
hydraulics gives credence to restoration approaches that aim to improve ecosystem function by
reconfiguring channel cross-sectional geometry or planform patterns.
Functional Assessment Criteria
The complex interplay between the human, physical, chemical, and biological components of the
riverine systems complicates the task of identifying appropriate management strategies that
respond to local concerns about one or more of the Attributes. Each Attribute aggregates a suite
of connected processes or characteristics. Therefore, evaluating the functional condition of
multiple components of the system represents the first step towards developing a management
plan that focuses actions on those components of the system constraining the delivery of highly
valued EGS. The existence of complex interactions between Attributes makes it necessary to
disaggregate them into a collection of state variables. These variables describe more
fundamental ecosystem processes and provide a more straightforward basis for measurement
and evaluation. The ERCWP assessed functional condition and identified constraints on the
delivery of EGS based on a suite of physiochemical, biologic, geomorphic, hydrologic and
hydraulic state variables. These include: streamflows, streambed sediment, water quality,
riparian areas, river form, aquatic habitat, and aquatic life. Evaluation of each variable enabled a
robust characterization of existing conditions and supported predictive assessments of changes
in future state across a range of spatial scales.
Streamflows
Broad patterns of precipitation and topography
largely determine a river’s flow regime. In turn,
fluvial ecologists generally treat flow regime as the
“master variable” exerting the largest influence on
riverine ecosystem form and function. Activities
that deplete or augment streamflow have the
potential to impact important regime
characteristics, including: total annual volume,
magnitude and duration of peak and low flows,
and variability in timing and rate of change.
Changes to total annual volume and peak flows
may impact channel stability, riparian vegetation,
and floodplain functions. Impacts to base flows
frequently alter water quality and the quality and
availability of stream habitat. Alterations to natural
patterns of flow variability, including the frequency
and timing of floods, impact fish, aquatic insects
and other biota with life history strategies tied to
predictable rates of occurrence or change.
Streambed Sediment
The production and transport of sediment within a
stream system is a crucial determinant of stream
form, habitat quality and general long-term
stability. Functional condition considers the
amount and timing of sediment production from
the contributing watershed via surface and
channel erosion, and sediment transport to and
through the stream channel. Watershed-scale
disruptions, such as deforestation, wildfire or
reservoir construction/operation, can alter
sediment regime characteristics.
Water Quality
Natural geological weathering and human
activities occurring at the scale of the contributing
watershed largely dictate the physicochemical
properties apparent on a stream reach.
Biogeochemical processing by stream organisms
may alter local water quality conditions to a small
degree. Physical water quality conditions (e.g.
water temperature), while somewhat influenced by
local patterns of channel form and stream-side
vegetation, remain fundamentally rooted in
upstream conditions.
Riparian Areas
Riparian vegetation performs several important
functional roles for stream ecosystems. Root
systems increase bank stabilization and the
vegetative overstory provides detrital input and
shading for aquatic species. Riparian forests
supply the channel with woody debris, an
important determinant in local physical structure.
The functional condition of riparian vegetation
considers species diversity and the structure of
both the woody and herbaceous vegetation
communities. Impacts to riparian vegetation
include deforestation or habitat degradation
resulting from an altered hydrological regime or
floodplain disconnections.
The frequency, lateral extent, and duration of
interactions between the channel and the
adjacent floodplain create a characteristic pattern
of hydrological connectivity that determines the
extent to which the river accesses and hydrates
overbank areas. Overbank flows elevate the water
table in the alluvial aquifer and produce favorable
conditions for riparian vegetation. Typical
floodplain connectivity impairments result from
watershed-scale impacts to the flow regime or
localized geomorphic impacts from artificial
levees, ditches, channelization, or channel
enlargement.
River Form
A stream’s morphological patterns reflect the
interplay between hydrology, channel hydraulics,
sediment supply, beaver activity, and stream-side
vegetation. Assessments of stream morphology
consider the patterns of channel evolution,
planform, cross-sectional dimensions, and
channel profile. Impacts to stream morphology
may arise from construction of roads and levees,
extirpation of beavers, reduction of the active
floodplain width, and disruption of sediment
supplies due to dam construction. Stream’s
exhibiting morphological characteristics
inappropriate for local valley forms and sediment
regime may display elevated channel instability or
a reduction in physical heterogeneity of the
streambed.
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Aquatic Habitat
Physical heterogeneity in the streambed
and water column results from the complex
interplay between the patterns of erosion,
scour, and deposition that shape the
streambed. As is the case for stream
morphology, biological drivers, such as
riparian vegetation, wood, and beavers,
may also exert significant control over
physical structure. Assessments of physical
structure consider the hydraulic structure
(water depth and velocity distributions), bed
and bank features, and substrate material.
Heterogeneity is a critical determinant of
habitat quality for many aquatic organisms
including macroinvertebrates and fish.
Activities that physically alter the structure
of the streambed, disrupt the sediment
regime, or reduce large woody debris
supplies to a reach frequently impact the
physical structure and degree of
heterogeneity present in the stream
channel.
Aquatic Life
Biotic structure considers the total biomass
and species diversity of microbes,
macrophytes, macroinvertebrates, fish and
amphibians, and other animals. The degree to
which a stream can support complex trophic
structures when assessed against reference
conditions is a prime indicator of overall
ecosystem health. The living components of
the stream system are the components most
frequently recognized for their ties to EGS. The
biotic makeup of a stream is impacted by all
other ecosystem state variables. As a result,
any activity that impairs other processes at the
watershed, reach, or channel scale may
similarly affect biotic structure. For example,
disruptions in the hydrological regime impact
the structural complexity of the streambed and
water column. This complexity is an important
control on habitat quality for fish and
macroinvertebrates and, where it is reduced, a
corresponding impairment of biotic structure
may result.
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The map below depicts assessed historical changes to 3-day peak streamflows at
locations across the planning area resulting from surface water diversions,
reservoir storage, and transmountain diversions. The largest reductions in peak
flow occurred historically on the Eagle River above Minturn and on Gypsum Creek.
Most mainstem Eagle River locations show reductions on the order of 10-20%. See
Appendices F & G for more details.
The map below depicts assessed historical changes to 7-day minimum streamflows
at locations across the planning area resulting from surface water diversions,
reservoir storage, and transmountain diversions. The largest reductions in
minimum flow occurred historically on Gore Creek during the winter months and on
Gypsum Creek during the late summer and fall period. See Appendices F & G for
more details.
The map above depicts Environmental Flow Deficits (EFDs) at locations across the planning
area. EFDs reflect the amount of water in acre-feet (af) that would be needed to meet the
Colorado Water Conservation Board Instream Flow (ISF) water right–a flow target meant to
provide minimum protections for aquatic life–during a typical year. The largest deficits are
evident in the upper Gore Creek watershed and on the Eagle River below Cross Creek. See
Appendix H for more details.
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According to the Colorado State
Demographer, Eagle County’s
population in 2020 was approximately 55,000 and is expected to exceed
70,000 by 2050. A growing population will increase demands for and use of
municipal water supplies. Increasing demand for water will necessitate
additional water diversions and/or new reservoir construction. Potential future
risks to streams and rivers in the planning area associated with increasing municipal water
demand include the following:
• Increased municipal diversions needed to satisfy a growing population places increasing
pressure on instream flows, water quality (temperature, DO, and nutrients), and habitat
connectivity for fish.
The possibility exists for development of new
water storage and transmountain diversion
(TMD) projects in the upper watershed. The ERMOU outlines a plan for further
development of the Homestake Reservoir and diversion system that includes 20,000
acre-feet of average annual yield passed under the divide for use by Colorado Springs
and Aurora and 10,000 acre-feet of firm dry year yield, stored in the reservoir(s) for West Slope uses.
New reservoir storage and TMD projects under the Eagle River MOU will alter patterns of streamflow
along the mainstem of the Eagle River. Potential future risks and/or benefits to streams and rivers in
the planning area associated with new water development projects include the following:
• New TMDs impact annual flow volumes and reduce peak flows on local streams and rivers,
decreasing the frequency of streambed sediment mobilization needed to maintain high quality
habitat for fish and aquatic macroinvertebrates. Late summer flow reductions increase the
frequency and duration of ISF water right shortages, further limiting aquatic habitat quality.
• Water releases from new reservoirs help mitigate the impact of a warming climate and new
TMDs on late summer baseflows in the upper watershed. Water storage comes at the expense of
decreased peak flows necessary for flushing fine sediments from the streambed. Reduced high
flow magnitudes and durations impact whitewater boating activities on downstream reaches, an
important component of Eagle County’s vibrant recreational economy.
• Releases of cool water from reservoirs helps mitigate elevated water temperature events in the
late summer on some segments of the Eagle River, improving conditions for aquatic insects and
fish.
New Reservoirs & TMDs
Climate ChangeMunicipal Water Demand
Characterization of Future Risks
A key focus of the ERCWP was characterizing risks to river health and non-consumptive water
uses due to changing hydrology or future water demands (Appendix C). Evaluation of potential
future trajectories for Eagle River streamflows (Appendix F), and secondary impacts on aquatic
habitat quality (Appendix I), riparian condition (Appendix J), water quality (Appendix K), water
temperatures (Appendix L), , sediment mobilization (Appendix M), and recreational use
opportunities (Appendix N) relied on inferences drawn from observed conditions, numerous
completed trends analyses, and results produced by scientific modeling tools.
The use of hydrological simulation modeling results allowed for comparison of potential future
streamflow trajectories with current and historical conditions and to consider how streamflow
changes may affect various components of river health and the ability of local streams and rivers
to support a variety of human uses. Multiple potential futures can be imagined for population
growth and water use in Eagle County. Each of these futures may be accompanied by one of
several climate change trajectories. Representing the synergistic impacts of growing populations
and a changing climate is not a trivial task. Fortunately, the Eagle River Water and Sanitation
District worked to provide a detailed water supply planning model (the “ER20” model) for the
watershed that was tailored to describe changing streamflow conditions under a variety of
potential future scenarios relevant to the planning process. This work roughly mirrored the
approach used by Colorado Water Conservation Board to provide similar water planning models
as a component of the Colorado Water Plan. The geographic scope of the ER20 model results
included in the ERCWP was limited to the Eagle River mainstem below the confluence with
Homestake Creek, Gore Creek below Black Gore Creek, Bush Creek, and Gypsum Creek. The
impacts of population growth, development of new reservoirs in the upper watershed, and three
different climate change trajectories were evaluated in ten different model scenarios.
The Colorado State Climatologist indicates that statewide
annual average air temperatures increased by +2.3°F
between 1980-2022. By 2050 (the 2035-2064 period
average), Colorado statewide annual temperatures are projected to warm by +2.5°F to
+5.5°F compared to a 1971-2000 baseline, and +1.0°F to +4.0°F compared to today,
under a medium-low emissions scenario (RCP4.5). Rising air temperatures are expected
to increase vegetative demands for water, dry out soils, and change patterns of
snowmelt in Eagle County. Potential future risks to streams and rivers in the planning area
associated with climate change include the following:
• Wetter and warmer winters slightly increase peak flow magnitudes and variability due to earlier
melt and increased probability of rain-on-snow events. Increased peak flow magnitudes may be
accompanied by shorter duration of high flows.
• Total streamflow declines due to warming temperatures (increased vegetation ET demand, lower
soil moisture, and longer growing/irrigation season) outpace potential gains from precipitation
increases, causing overall streamflow declines.
• Severity and duration of acute low-flow events increase in summer/fall, negatively impacting
abundance of aquatic insects.
• Decreased total flow volumes and reduced base flow magnitudes alter total annual sediment
transport capacity, degrading habitat quality.
• Onset and peak snowmelt shifts earlier in the runoff season, increasing the duration of late
season low flow conditions and elevated water temperature conditions.
• Declining late summer/early fall flows place make it more difficult to meet and maintain
instream flows using reservoir releases. Water quality (temperature, DO, and nutrients), and
habitat connectivity for fish degrade.
• Baseflow declines reduce stream network connectivity during late summer and fall, restricting
refuge seeking movements, seasonal migration, and spawning activities of native and sport fish.
Population growth
projections provided by
the State of Colorado
Demographers Office.
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The graphic below indicates simulated changes in streamflow behavior on the Eagle River near
Minturn. Colored overlays indicate key differences in streamflows between the current (Baseline)
condition and scenarios representing 1) changed reservoir operations in response to increased
local water demand (Demand Growth) and 2) the construction of new TMDs and reservoirs in the
upper watershed (New Water Infrastructure). Notably, no significant water diversions for West
Slope use exist above this location so the Demand Growth scenario largely reflects impacts of
climate change. The top graphic indicates changes under a “Warm & Wet” climate future, the
middle graphic indicates changes under an “In Between” climate future. The bottom graphic
indicates changes associated with a “Hot and Dry” climate future. In all climate scenarios, spring
runoff shifts to earlier in the year and the bulk of snowmelt occurs more quickly than under
current conditions. Increasing in-basin water demand reduces late season flows. New TMDs and
water storage in new or enlarged reservoirs reduce peak flows. Releases of stored West Slope
water can offset some of the low flow impacts associated with climate change.
The graphic below indicates simulated changes in streamflow behavior on the Eagle River near Gypsum.
Colored overlays and tiled representations of climate change scenarios are identical to the opposing figure.
Patterns at this lower watershed location are somewhat different, however. In all climate scenarios, spring
runoff shifts to earlier in the year and peak flow magnitudes are reduced. The length of the runoff season
is largely unaltered. The Demand Growth scenario at this location reflects increased upstream water
diversions to meet growing municipal uses (due to population growth) and agricultural uses (due to
increased evaporative demand from crops). The coupled effects of climate change and increasing in-basin
water demand reduces late season flows. New TMDs and water storage in new or enlarged reservoirs in
the upper watershed lead to a modest reduction in peak flows–a reflection of the mitigating influence of
large tributary inflows from Gore Creek, Lake Creek, Brush Creek, and Gypsum Creek. Unlike more
upstream locations, no benefit to low flows associated with reservoir releases is observed during the late
summer period in the New Water Infrastructure scenario. See Appendix F for a more detailed discussion of
historical and potential future hydrology in the planning area.
Scenarios: Colored lines indicate median
simulated condition. Shaded areas indicate
full range of simulated daily flows across a
given scenario.
Scenarios: Colored lines indicate median
simulated condition. Shaded areas indicate
full range of simulated daily flows across a
given scenario.
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The Colorado Division of Fire Prevention and Control notes that the
20 largest wildfires in state history occurred since 2001. A warming
climate and ongoing impacts from beetle infestations suggest that fire activity will only
increase in the future. Burned watersheds often experience significant degradation of
water quality and aquatic habitat as streams are inundated by fine sediments.
Mudslides and debris flows present a danger to life and property. Flashier streamflow
responses to rainfall events can produce floods that damage agricultural water
diversions and municipal water treatment infrastructure. A comprehensive discussion of wildfire
risks in the planning area is provided in the Eagle County Community Wildfire Protection Plan.
Potential future risks to streams and rivers in the planning area associated with wildfire include the
following:
• Runoff from burn scars degrades physical habitat and degrades water quality for aquatic
insects and fish.
• Increased sediment fluxes impact channel shaping processes, increasing aggradation rates and
altering seasonal sediment transport patterns.
• Inputs of fine sediment degrade spawning habitat quality for trout and impacts critical riffle
habitat for aquatic macroinvertebrates.
• Runoff from burned areas increases dissolved metals loading to streams, potentially further
degrading the quality of waters already impacted by discharges from the Eagle Mine.
Wildfire
Every town in Eagle County is positioned along the
mainstem Eagle River or Gore Creek. Historical and
ongoing development of residential and commercial areas and
transportation corridors in floodplains and other near-stream areas
degrades riparian forests, decreases water quality, and, in some cases,
directly impacts the structure of stream channels. The addition of 15,000
people in the county by 2050 will necessitate additional development. The 2025 update
to the Eagle County Strategic Plan outlines strategies for accommodating a growing
population in a manner that is consistent with community values. A growing population
will likely increase recreational uses of local streams and rivers. Increased recreational
uses of stream and river corridors may degrade the quality of riparian areas. Potential
future risks to streams and rivers in the planning area associated with urbanization
include the following:
• Continued increases to impervious area, increased stormwater volumes, and riparian
degradation impact aquatic community structure and limit the presence of sensitive
aquatic species.
• Stormwater runoff and physical channel modification alter sediment supply and
transport regimes, potentially degrading aquatic habitat.
• Continued development further alters, degrades, removes, or fragments riparian forest
buffers.
Urbanization
Impacts to river health and opportunities for local communities to use and enjoy local water
sources are not only sourced from drivers of hydrological change. Shifts in land use and land
cover can drastically alter inputs to the stream environment and degrade the physical and
biological condition of floodplains and riparian areas. Wildfire is an ever-present risk to the health
of streams and rivers and the ability of human communities to use water for a variety of
activities. No modeling work was available to support a quantitative evaluation of wildfire impacts
under the ERCWP. However, significant evidence is available from other watersheds that helped
inform our characterization of risks associated with wildfire. The impacts of urbanization on
floodplains and riparian zones in Eagle County are well-documented. While it was not possible
under the ERCWP to predict the exact patterns of future urban development that may impact
floodplains and riparian zones, observed historical patterns will likely persist. The impact of
historical development on floodplain structure and riparian condition along the river corridor was
assessed under the ERCWP.
The map below indicates wildfire risk to infrastructure in the Gore Creek watershed as
assessed by the Town of Vail Community Wildfire Protection Plan
Below: Conceptual development rendering along the Eagle River near Edwards.
Critical Infrastructure Risk
High
Low
Vail GIS, Eagle County GIS | TOV Wildfire | County of Eagle, Bureau of Land Management, Esri, HERE, Garmin, USGS, NGA, EPA, USDA, NPS |
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Brush
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Gypsum
Creek
Variable /
Sub-Variable Tigiwon Minturn Avon Edwards Wolcott Eagle Gypsum Dotsero East Vail West
Vail
Eagle
Ranch
Town
Center
Dry Year Base
Flow B A A A A B A B B A D F
Typical Year Base
Flow B B A A A A A A A A C F
Moderate Flood
Frequency F F D D D D D D A A F F
Dry Year Peak
Flow D C C B B C C C C C C F
Typical Year Peak
Flow C C B B B B B B A A B D
Dry Year Total
Volume D C C C C C C C B B C D
Typical Year Total
Volume C B B B A B A A A A A C
Continuity and
Transport A A A B A A A A B A A B
Flushing Flows C A B D ? F A A A A ? ?
Metals F D A A A A A A A A A A
Nutrients A A B C C C C B A C A ?
Water
Temperature A A A B B C C C A B ? ?
Floodplain Physical
Condition B B B A C B C B C B C C
Riparian
Vegetation B C B B B B C B C B B C
Channel Structure
& Dynamics B B B B A B B A C B B C
Habitat Structure B B A A A A A A B A B C
Longitudinal
Connectivity A A A A A B A A A A B C
Aquatic Insects B B C C ? ? ? A D D A ?
Fish C C B B A A A A A A B ?
Water Quality
Riparian Areas
River Form
Aquatic Life
Aquatic Habitat
Eagle River Gore Creek
Streamflows
Streambed Sediment
The report card at right summarizes functional assessment scores for
stream reaches across the planning area using an academic grading scale
(above) to indicate the degree of impairment to a suite of ecological variables
and sub-variables. The most severe and widespread impairments are related
to alteration of streamflow patterns and degradation of water quality. Similar
reach-scale report cards are presented in subsequent pages.
Reach-Scale Assessment Results
Domain experts completed focused evaluations of the ten state variables and associated sub-
variables. State variable assessments evaluated current conditions and characterized the degree
of departure from an expected reference state using a weight-of-evidence approach. A variety of
assessment methodologies—some rapid and coarse, some focused and intensive—produced
evidence that reflects ecosystem processes across a range of spatial scales with varying degrees
of objectivity. The coarsest approaches (Level 1) produced qualitative, reconnaissance-level
variable assessments that guided more targeted investigations. Rapid assessments (Level 2)
focused on specific areas of concern and involved more field-intensive surveys that reinforced
expert opinions regarding the presence and magnitude of functional impairment. In some cases,
intensive quantitative (Level 3) evaluations sought to explicitly account for the complex
interactions between state variables and management
activities. All assessment results are summarized in reach-
scale “Report Cards” of river health (see pages 30-53) that
summarize the functional condition of ecosystem variables
and sub-variables using an academic grading scale at right.
See Appendix O for details on the assessment criteria used to
generate the Report Cards. This approach intends to quickly
communicate technical assessment results to a wide variety of
audiences. Each report card is accompanied by a location map
and a discussion of the primary causes of impairment on the
reach. In addition to grades for the existing condition of
variables and sub-variables, each report card includes an
indication of the potential for drivers of future condition (see
discussion on pages 22-27) to influence local conditions.
Upper Eagle River
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Cross Creek
Aquatic insect communities near Minturn show increasing levels of stress/impact compared to
upstream communities, potentially a result of Eagle Mine discharges and urban runoff from
Minturn. Sensitive fish taxa like rainbow trout and sculpin are largely absent from the reach.
Metals exceed relevant water quality standards, resulting in a 303(d) listing. This reach is also
impacted by historical channel modification and habitat simplification.
Flows are altered on this reach by upstream reservoirs and TMDs. The frequency of years where
flows are sufficient to mobilized bed sediments declined by approximate 30%. The frequency of
peak flows equivalent to the natural 1-in-4 year flood declined more than 80% due to water use
and management. Peak flows during typical and dry years declined 31-38% respectively. Total
annual flow volumes in dry years
declined 38% when compared to
natural historic conditions.
Current and Historical Drivers of Degradation
30 31
Upper Eagle River
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Cross Creek to Gore Creek
Sensitive fish taxa are largely absent due to water quality impacts from the Eagle Mine. Ambient
metals concentrations exceed relevant water quality standards, resulting in multiple 303(d)
listings and only partial/seasonal attainment of standards.The growth and development of
juvenile salmonids is impacted by metals.
Flows are altered by upstream TMDs and reservoirs. The frequency of peak flows equivalent to
the natural 1-in-4 year flood declined significantly due to water use and management. Peak flows
during typical and dry years declined 24-30% respectively. Total annual flow volumes in dry years
declined 32% when compared to natural historic conditions.
Development in the Town of Minturn
results in significant alteration to
sediment transport continuity, lateral
floodplain extent, and physical habitat
structure in the stream channel.
Current and Historical Drivers of Degradation
32 33
Middle Eagle River
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Gore Creek to Avon WWTP
Although this segment is not listed as an impaired waterway by Colorado’s Water Quality Control
Division, macroinvertebrate health indices in Avon hover slightly above the state of Colorado’s
impairment threshold and are consistently lower than sites upstream and downstream. Indices of
sensitive taxa presence are the lowest of anywhere on the mainstem Eagle River, indicating
degraded water quality conditions. Impaired water quality is likely sourced from urban runoff in
the vicinity of Avon.
The frequency of peak flows equivalent to the natural 1-in-4 year flood declined nearly 60% due
to upstream water use and management. Peak flows during dry years declined 21% and total
annual volumes declined 22% when compared to natural historic conditions.
Current and Historical Drivers of Degradation
34 35
Middle Eagle River
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Avon WWTP to Squaw Creek
Although this segment is not listed as an impaired waterway by Colorado’s Water Quality Control
Division, macroinvertebrate health indices in Avon hover slightly above the state of Colorado’s
impairment threshold and are consistently lower than sites upstream and downstream. Indices of
sensitive taxa presence are the lowest of anywhere on the mainstem Eagle River, indicating
degraded water quality conditions. Ambient nutrient concentrations do not exceed standards but
are regularly within 50% of the standard value. Impaired water quality is likely sourced from
urban runoff in the vicinity of Avon.
Flows are altered on this reach by upstream water use and management. The frequency of peak
flows equivalent to the natural 1-in-4 year flood declined more than 40%. Peak flows during dry
years declined 20%. Total annual flow
volumes in dry years declined 26%
when compared to natural historic
conditions.
Current and Historical Drivers of Degradation
36 37
Lower Eagle River
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Squaw Creek to Hollingsworth
Ditch
This section of the Eagle River is impacted by transportation corridors including Hwy 6 and
railroad tracks. This infrastructure bisects and fragments pocket floodplains. Legacy floodplain
modification (e.g., filling and grading) is apparent in unconfined areas around Wolcott.
Flows are altered on this reach by upstream water use and management. The frequency of years
achieving bed sediment mobilization near Red Mountain Ranch declined more than 70%. Total
annual flow volumes in dry years declined 23% from natural historic conditions. The frequency of
peak flows equivalent to the natural 1-in-4 year flood declined more than 35%. Annual 3-day
peak flow magnitudes declined 19%.
Nutrients are an emerging water
quality concern. Ambient nutrient
concentrations do not exceed
regulatory standards for water quality
but regularly exceed 50% of the
standard value.
Current and Historical Drivers of Degradation
38 39
Lower Eagle River
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Hollingsworth Ditch to Brush Creek
This section of the Eagle River flows through Red Canyon. Flows are altered on this reach by
upstream water use and management. The frequency of years achieving bed sediment
mobilization saw modest declines of up to 10%. The frequency of peak flows equivalent to the
natural 1-in-4 year flood declined 44%. Total annual flow volumes in dry years have declined 26%
from natural historic conditions.
Nutrients are an emerging water quality concern. Ambient nutrient concentrations do not exceed
regulatory standards for water quality but regularly exceed 50% of the standard value.
Late summer water temperatures in this section of the Eagle River often approach or exceed
WQCD and Colorado Parks and
Wildlife (CPW) thresholds for
impairment of aquatic life. Elevated
water temperature conditions impact
the sport fishery and opportunities for
recreational angling. CPW regularly
implements summer fishing closures
on this reach.
Current and Historical Drivers of Degradation
40 41
Lower Eagle River
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Brush Creek to Gypsum Creek
Significant alteration to riparian areas and floodplain structure exist throughout this reach, largely
due to I-70 and agricultural land uses that resulted in filling, grading, or riparian deforestation.
Flows are altered on this reach by upstream water use and management. The frequency of peak
flows equivalent to the natural 1-in-4 year flood declined by 33%. Peak flows during dry years
declined 22% from natural historic conditions. Total flow volumes during dry years decreased
22%.
Nutrients are an emerging water quality concern. Ambient nutrient concentrations do not exceed
regulatory standards for water quality but regularly exceed 50% of the standard value.
Water temperatures in this section of
the Eagle River often approach or
exceed WQCD and Colorado Parks
and Wildlife (CPW) thresholds for
impairment of aquatic life. Elevated
water temperature conditions impact
the sport fishery and opportunities for
recreational angling. CPW regularly
implements summer fishing closures
on this reach.
Current and Historical Drivers of Degradation
42 43
Lower Eagle River
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Gypsum Creek to Colorado River
Historical modification of floodplains for residential and commercial uses resulted in historical
filling, grading, and riparian deforestation in the Town of Gypsum limits. Floodplains and river
channels downstream of Gypsum exhibit unique morphologies but appear relatively unimpaired
by human land use activities. A recent wildfire burned a large cottonwood gallery below Gypsum
in recent years. Recovery trajectories for riparian vegetation are uncertain.
Flows are somewhat altered on this reach by upstream water use and management. The
frequency of peak flows equivalent to the natural 1-in-4 year flood declined by 33%. Peak flows
during dry years declined 22% from natural historic conditions. Total annual flow volumes in dry
years declined 22%. A trends analysis shows significant declines in late summer streamflows
between 1996-2020.
Water temperatures in this section of
the Eagle River often approach or
exceed WQCD and Colorado Parks
and Wildlife (CPW) thresholds for
impairment of aquatic life. Elevated
water temperature conditions impact
the sport fishery and opportunities for
recreational angling. CPW regularly
implements summer fishing closures
on this reach.
Current and Historical Drivers of Degradation
44 45
Upper Gore Creek
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Black Gore to Vail WWTP
The section of Gore Creek above Vail is included on Colorado’s 303(d) list of impaired waterways.
Water quality degradation manifests in low aquatic macroinvertebrate heath index scores.
Expected sources of degradation include stormwater runoff, riparian degradation, pesticide
application, and transportation infrastructure runoff.
Significant alteration of stream channels occurred during the development of roads and
commercial and residential areas along the creek. Extensive bank armoring, channel
straightening, and habitat simplification exist along the Vail Golf Course and through Vail Village.
Significant alteration to continuity, lateral extent, and structure of riparian forest communities
exists throughout due to town development, residential development, or the golf course.
Water storage and operations of Black
Lakes produce modest impacts to the
flow regime. Peak flows in dry years
declined 21% relative to natural
conditions. A trends analysis shows
significant declines in late summer
streamflows between 1996-2020.
Current and Historical Drivers of Degradation
46 47
Lower Gore Creek
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Vail WWTP to Eagle River
The section of Gore Creek above Vail is included on Colorado’s 303(d) list of impaired waterways.
Water quality degradation manifests in low aquatic macroinvertebrate heath index scores.
Expected sources of degradation include stormwater runoff, riparian degradation, pesticide
application, and transportation infrastructure runoff. This section of Gore Creek is also impacted
by discharges from the Vail Wastewater Treatment Plant (WWTP). Elevated nutrient
concentrations are evident.
Water storage and operations of Black Lakes and water withdrawals for municipal supply produce
modest impacts to the flow regime. Winter water withdrawals for snowmaking can impact
streamflows but are generally offset by discharges from the WWTP and releases from Black
Lakes. Peak flows during typical and
dry years declined more than 20%. A
trends analysis shows significant
declines in late summer streamflows
between 1996-2020.
Current and Historical Drivers of Degradation
48 49
Brush Creek
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Town Diversion to Eagle River
Past or present agricultural activities and recent residential and urban development near the
Town of Eagle resulted in extensive floodplain and channel encroachment and modifications or
removal of riparian vegetation .
Summer baseflows in Aug/Sep of typical and dry years declined between 25-37% when
compared to natural historic conditions. High peak flow frequency (the frequency of years with
peaks above the natural flow 4-yr recurrence) declined profoundly (> 50%). Agricultural and
municipal water uses decrease annual flow volumes by 25% during dry years.
Ambient nutrient concentrations do not exceed standards but approach it by exceeding 50% of
the standard threshold or having
maximum observed concentrations
that are above the threshold.
Current and Historical Drivers of Degradation
50 51
Gypsum Creek
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USFS Boundary to Eagle River
Significant physical channel alteration, including bank armoring, straightening, and simplification,
exists throughout the Town of Gypsum. Channel encroachment and high flow capacity reduction
appears evident on many ranches and outlying suburbs due to flow losses at large ditches.
Extensive encroachment on stream channels and floodplains exist from past or present
agricultural uses and recent residential development.
Seasonal or permanent barriers to aquatic organism passage exist at low flows at specific
locations on the reach. Significant alteration to continuity, lateral extent, and structure or riparian
communities exists due to town development and agricultural land uses. These changes
significantly degrade stream and floodplain habitat.
Agricultural and municipal water uses
alter the streamflow regime. High
peak flow frequency declined
profoundly (~90%). Peak flows during
typical and dry years declined by 37-
60% compared to natural historic
conditions. Summer baseflows during
Aug/Sep in average and dry years
declined by 50-80% relative to natural
conditions. Total annual flow volumes
in dry years declined 37%.
Current and Historical Drivers of Degradation
52 53
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Identifying At-Risk Values
Water resources are highly valued by the local community. Streams and rivers provide municipal
water supply, enhance natural beauty of the landscape, support the local tourism economy and
provide numerous cultural, social and intrinsic functions. The ERCWP seeks to identify how these
values may be at risk in a changing and uncertain world. A shared understanding of system
behavior is a crucial foundation for conversations regarding the potential impact of alternative
water management approaches on ecosystem function or recreational use opportunity. The
technical information discussed in the sections above intends to support the development of that
shared understanding.
Understanding how to weigh the relative importance of the numerous values at risk can be a
difficult exercise for both the public and water managers. A useful framework is to consider risks
through the lens of ‘how likely is this event or outcome to occur?’ and ‘how impactful will it be if it
does?’. Values at Risk can then be differentiated by the likelihood of a negative impact on a
value or issue of concern, and the severity of the consequence associated with that impact.
Dividing the risk space into four quadrants yields risk ratings and treatment pathways where:
Risk Rating 1: High priority. Corresponds to impacts that are both likely and are
expected to produce significant negative consequences. These high-priority risks
require sufficient allocation of resources and proactive treatment to reduce
likelihood and/or the consequences associated with an event.
Risk Rating 2: Medium priority. Corresponds to impacts that are likely but are
expected to be manageable and/or not produce significant negative
consequences. These medium-priority risks should be managed strategically over
the long-term.
Risk Rating 3: Medium priority. Corresponds to impacts that are rare or difficult to
plan for but are expected to produce significant negative consequences if/when
they do occur. These medium-priority risks compel additional investigation into the
event triggers and response pathways in order to be better prepared for reactive
management of an event.
Risk Rating 4: Low priority. Corresponds to impacts that occur regularly but are of
relatively minor consequence to the issue or value of interest. These low-priority
risks entail periodic monitoring or assessment of conditions to alter stakeholders
to changing event likelihood or consequence severity.
Potential future risks to the values derived from local streams and rivers were explored and
identified through a process of stakeholder elicitation and workshops. Community workshop
activities included causal chain diagramming, small group discussion, and multi-voting.
Outcomes of these stakeholder processes were reviewed and summarized into two categories:
• Environmental and Recreational Uses
• Consumptive and Municipal Uses
The relatively high ranking of environment and recreation water uses by community members,
coupled with the relative surplus of existing planning activity and information conducted in other
venues for municipal and agricultural water uses, provides a rational basis for focusing on these
uses in future decision-making processes regarding water resource use and development.
The following pages summarize the Values at Risk identified through the ERCWP process. A more
detailed discussion of the Values at Risk is provided in Appendix C.
Extreme High High Severe Severe Severe
Very High High High High Severe Severe
High Significant Significant High High High
Medium Moderate Moderate Significant Significant Significant
Low Negligible Negligible Moderate Moderate Significant
Rare Unlikely Even Chance Likely Almost Certain
Likelihood of Nega�ve Impact to Value or A�ribute of Concern
Co
n
s
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q
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c
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Ne
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a
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a
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3 Understand Risk Pathways
(Reactive - Medium Priority)1Treat Risk Pathways
(Proactive – High Priority)
4 Monitor Conditions Periodically
(Reactive – Low Priority)2Adaptively Manage Risk
(Proactive – Medium Priority)
Impacts are rare and/or difficult to
plan for. Build understanding of
event triggers and response
pathways to be better prepared.
Impacts are likely and will cause
significant negative effects.
Allocate sufficient resources and
reduce risks proactively.
Business as usual. Impacts occur
regularly but do not have
disastrous consequences. Treat
risks strategically.
Impacts occur regularly but are of little
consequence. Monitor conditions
periodically for changing likelihood or
consequence of impacts.
The figure above is a conceptualized risk space relating 1) the likelihood of some negative
impact to a value or attribute of concern and 2) the consequence of that impact. Varying
degrees of likelihoods and consequences are indicated in the gray boxes. The associated
level of risk to the value or attribute of concern is indicated in the colored boxes. The risk
space is divided into four quadrants that suggest different strategies and priorities for
responding to risk. Values at Risk identified during the ERCWP are assigned to these four risk
quadrants on the following pages.
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56 57
• Elevated summer and fall water temperatures driven by
changes in water use and climate lead to more fishing
closures and reduced fishery quality; the largest impacts are
expected below Edwards.
Angling
• Instream flow deficits limited in most areas of the watershed
but are more prevalent in upper reaches of Gore Creek and
on the Eagle River near Avon. Deficits may become more
severe on the mainstem Eagle River and on Gore Creek near
Vail, especially during dry years, due to growing water
demands and a changing climate.
Wildlife and Biodiversity
RISK
RATING High priority. Corresponds to impacts that are
both likely and are expected to produce
significant negative consequences. These
high-priority risks require sufficient allocation
of resources and proactive treatment to
reduce likelihood and/or the consequences
associated with an event.1
• Growing populations and warming air temperatures increase
demand for municipal water supply in systems throughout the
watershed.
• Increases to in-basin municipal diversions and/or storage of
surface water due to the combined effects of climate change and
population growth may alter patterns of streamflow in a manner that
negatively impacts riverine ecosystems along the Eagle River below Cross
Creek, Gore Creek, Brush Creek and Gypsum Creek.
• Increases to transmountain diversions due to increasing water demand
on the Front Range may alter patterns of streamflow in a manner that
negatively impacts riverine ecosystems on the Eagle River.
Municipal Water Supply
• Altered streamflow on the Eagle River due to changes in water use and
climate may reduce the frequency and duration of suitable conditions for a
variety of whitewater boating activities and shift a greater number of those
suitable conditions to the early spring period.
Recreational Boating
• Development in floodplains and placement of infrastructure within the river
corridor degrades the aesthetic quality of the landscape, particularly on
Gore Creek; similar potential for future degradation exists along the Eagle
River between Wolcott and Gypsum.
Aesthetics and Viewscapes
• Warming winter air temperatures may lead to an inability for local ski
resorts to make snow in the early winter months, which may reduce the total
available skier days.
• Warming climate and shifting precipitation patterns may mean that
snowmaking is required for a longer period in any given year; increasing the duration of the
impact of snowmaking activities on streamflows, particularly in Gore Creek.
Snowmaking
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• Altered streamflow on the Eagle River below Edwards due to
changes in water use and climate may reduce the frequency
and duration of suitable conditions for float fishing and shift a
greater number of those suitable conditions to the late winter/
early spring period.
Angling
• Warm stream temperatures degrade the health of the cold-water
fishery in the middle and lower watershed.
• Sedimentation impacts from large wildfires may produce acute fish-kill
or macroinvertebrate loss events. Downstream aquatic habitat conditions may
be degraded and require several years to recover. Impacts may occur broadly across the
watershed.
• Continued water quality impacts from Eagle Mine impact fishery structure on the Eagle
River near Minturn.
• Combined effects of climate change and upstream water development may exacerbate
water quality impacts from Eagle Mine on the fishery near Minturn.
• Climate change and future municipal water demands may deplete streamflows on
Gypsum Creek, disconnecting headwaters reaches from the mainstem Eagle River.
• Traction sand and road salts sourced from the I-70 corridor over Vail Pass may impact
aquatic habitat quality on Gore Creek. Road expansion is likely to increase the quantity
of both making it into the creek in the future.
• Native cutthroat trout populations that exist in small tributary streams at high elevations
may be at risk for fire, hybridization with non-native species, or future fragmentation of
habitat due to infrastructure development.
• Continued urbanization is expected to disproportionately impact riparian areas along the
Eagle River mainstem below Wolcott, on Gore Creek and along tributaries like Brush
Creek and Gypsum Creek.
• Ongoing agricultural activities on select parcels in the river corridor near Edwards and
between Eagle and Gypsum suppress recovery of native riparian plant communities.
• Recovery trajectories are uncertain for recently burned areas of riparian forest along the
Eagle River near Gypsum; ongoing climate change and development pressures may limit
natural recovery potential.
• Development in floodplains and placement of infrastructure within the river corridor
fragments terrestrial wildlife habitats on streams and rivers throughout the watershed.
Wildlife and Biodiversity
Aesthetics and Viewscapes
• Growing populations and increasing urban/suburban
development pressure leads to conversion of agricultural
lands and a loss of open, green spaces in upland areas
buffering communities or along river corridors.
Agriculture
• Aging water supply infrastructure may increase operation and
maintenance costs for some agricultural producers, eroding
the economic viability of local farming/ranching enterprises.
Inefficiencies in water delivery infrastructure may also limit
agricultural users’ ability to adapt and respond to climate
change.
• Water use by phreatophytes along open ditches increases
consumptive use.
RISK
RATING Medium priority. Corresponds to impacts that
are likely but are expected to be manageable
and/or not produce significant negative
consequences. These medium-priority risks
should be managed strategically over the long-
term.2
• Out-of-basin augmentation of local municipal water use fails to
mitigate impacts of that use on local ecosystems.
• Loading of metals from historical and ongoing mining activities
negatively impacts drinking water supply quality on the Eagle
River above Avon.
Municipal Water Supply
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• Changes to streamflow, water quality and/or fishing
pressures may alter the status of the Gold medal fishery on
lower Gore Creek and the candidate Gold Medal reaches on the
Eagle River near Avon and Gypsum.
• Increasing likelihood of fishing closures on some subset
of stream/river reaches may increase angling pressures on
other reaches, degrading the fishing experience and the quality of the sport
fishery.
Angling
• Future water temperature increases driven by changes in
climate may lead to the complete loss of the cold-water fishery
and a shift in species composition to a warm-water fishery in the
lower watershed.
• Existing high-quality riparian areas along the mainstem Eagle River near
Edwards and between Wolcott and Gypsum appear at greatest risk for
change due to altered peak flow hydrology under various climate change
and water use scenarios.
RISK
RATING Medium Priority. Corresponds to impacts that
are rare or difficult to plan for but are expected
to produce significant negative consequences
if/when they do occur. These medium-priority
risks compel additional investigation into the
event triggers and response pathways to be
better prepared for reactive management of an
event. 3
• Warming air temperatures may decrease the overall
effectiveness of outdoor water conservation programs/projects.
• Consolidation of water supply to a smaller number of
diversion points following low-frequency/high-impact events
(e.g., hazardous material spill on Vail Pass, catastrophic wildfire)
may lead to increasingly altered streamflows on some reaches of stream.
• Large wildfires may significantly degrade the quality of drinking supply for
smaller municipal systems (e.g., on Brush Creek and Gypsum Creek).
Municipal Water Supply
Wildlife and Biodiversity
• Water quality degradation from urbanization may degrade
macroinvertebrate communities and qualifying conditions for Gold
medal fishery status on lower Gore Creek and on the Eagle River near
Avon and near Gypsum.
• Aquatic biology on the Eagle River and Gore Creek is supported
by a high degree of hydrological connectivity among reaches and between
mainstem channels and various tributaries in the middle and upper watershed.
Warming air and water temperatures under climate change may induce some
thermal barriers to fish movement in the middle and lower watershed.
• Structural/physical habitat degradation caused by legacy agricultural activities
and infrastructure placement occurs sporadically along the Eagle River mainstem
below Town of Eagle and along Gore Creek in the vicinity of the public golf course.
• Growing resident and visitor populations may increase nutrient loading from
wastewater treatment plants and stormwater runoff while changing streamflows
under climate change may reduce the diluent capacity of receiving waters during
some times of year, creating problematic conditions for aquatic life.
Wildlife and Biodiversity
Agriculture
• Changing economic and social pressures may lead to a progressive
reduction in the number of productive agricultural operations.
RISK
RATING Low Priority. Corresponds to impacts that occur
regularly but are of relatively minor consequence to
the issue or value of interest. These low-priority risks
entail periodic monitoring or assessment of
conditions to alter stakeholders to changing event
likelihood or consequence severity.4
• Questions regarding the impact of arsenic on water supply quality
remain due to uncertainty in the regulatory environment.
Municipal Water Supply
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Translating Values at Risk to Management
Objectives
Stakeholders to the ERCWP reflected on the Values at Risk (pages 54-61) and identified a set of
durable Management Objectives (Appendix A) that can be used to guide policy development and
project implementation in the Eagle River watershed. Stakeholders worked to ensure that
identified objectives are measurable, operable, meaningful and motivational:
Measurable means that progress toward meeting the objective can be quantified over time
Operable means that the community does not expect that meeting the objective will
require broad participation of governments, organizations or individuals not represented in
the planning process or who reside outside of Eagle County; or require an infinite time
horizon
Meaningful means the objective is issue-based and relevant to the ERCWP planning goals
Motivational means that local organizations, governments or individuals whose
participation is required for the objective to be successful should, generally, be inspired or
have the political will to act to meet the objective.
Management Objectives are issue-based statements that respond directly to the issues that the
community expects the ERCWP to address. A summary of the ERCWP objectives is presented in
the graphic at right. Identified objectives are presented in greater detail elsewhere. Detailed
objectives reference specific geographies and timeframes over which they apply and can be
assessed. They are also accompanied by clear and measurable targets for success; and a set of
proposed performance indicators or metrics that can be used to evaluate objective success over
time (Note: the selected metrics may change over time as new information and assessment
techniques come available). The Management Objectives included in the ERCWP are aspirational
in nature and should not be misconstrued as enforceable policy statements. They should also not
be interpreted as consensus statements or as the maximum necessary standard for meeting the
goals of the ERCWP.
Management objectives identified through the ERCWP process.
Issue of Concern Objective
Protect riparian and wetland ecosystem condition and function
Support viability of native and sport fish populations
Maintain or enhance surface water quality for aquatic biota
Meet projected municipal water demands of expected population growth
in Eagle County given the uncertainty of a changing climate
Improve municipal water system efficiency
Strengthen connections between land use planning and water use
Limit negative impacts of municipal water use on the natural
environment
Maintain or enhance surface water and groundwater supply quality
Reduce water consumption for outdoor amenities (ponds, fountains, golf
courses, parks, turf fields, etc.)
Limit water quality impacts of water use by outdoor amenities
Maintain Gold Medal trout fishery eligibility on Gore Creek and the Eagle
River
Protect riparian ecosystems at fishing access points
Maintain opportunities for float fishing on the Eagle River
Enhance user knowledge of river ethics, parking at public access points,
maximum user capacity of a give reach for enjoyment, etc.
Promote conditions conducive to fishery health
Provide for adequate recreational boating access to the Eagle River and
Gore Creek
Maintain opportunities for recreational boating on the Eagle River and
Gore Creek
Enhance user knowledge of river ethics, parking at public access points,
maximum user capacity of a give reach for enjoyment, etc.
Maintain green spaces and terrestrial habitat provided by productive
irrigated agriculture
Improve efficiency of existing irrigation water delivery and irrigation
systems
Aesthetics and
Viewscapes
Recognize the importance of maintaining the aesthetic qualities of
healthy functioning stream and river corridors
Snowmaking Minimize negative environmental impacts associated with water
demands for snowmaking
Wildlife and
Biodiversity
Municipal Water
Supply
Angling
Recreational
Boating
Agriculture
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Support for Ongoing Identification and
Prioritization of Management Strategies
The Management Objectives (Appendix A) represent a critical primary deliverable from the
ERCWP. They provide a framework for ongoing efforts to identify projects, policies, and other
actions that support the goals of the Plan. In this way, the ERCWP is envisioned as a dynamic
process that does not end with the publication of this document or associated planning outputs.
The Eagle River Coalition intends to continue engagement with local stakeholders to identify,
fund, and implement critical actions that further the goals and mission of the Plan.
Initial Strategy List
The final steps in the ERCWP planning process involved identification of an initial set of
alternative actions that support he identified Management Objectives. Stakeholders to the
ERCWP participated in several workshops to evaluate the outcomes from various technical
assessments, consider the values at risk and management priorities expressed through the
Management Objectives. The outcome of these workshops was a draft set of 92 projects,
policies, and other managements actions subjected to further evaluation. The planning team
assessed the list of ideas against the Management Objectives and performed a cursory
feasibility analysis to reduce the list to 30 potential Strategies that can help mitigate future risks
to the values and benefits the local community derives from streams and rivers. Those
Strategies were organized into 9 broad categories:
• Instream habitat restoration
• Management of instream flows
• Climate studies/infrastructure
• Riparian habitat restoration
• Recreation infrastructure
• Recreation use limits
• Turf reduction and landscaping
• Water rates
• Education and community outreach
Each remaining Strategy was evaluated
against the perceived constraints, or
challenges that might limit the ability of
the community to actually implement the
action. Strategies were also assessed by
identifying the number of Management Objectives they respond to. These outcomes of these
evaluations were captured as a pair of dimensionless indices that allow for relative comparisons
among the Strategies.
The first step in computing the Responsiveness to Objectives Index involved answering a series
of questions exploring the degree to which each Strategy related to each Management Objective.
Those questions are provided below.
Initial set of project and policy Strategies identified through the ERCWP process. Each
Strategy is accompanied by a pair of dimensionless indices that describe their respective
responsiveness to the Management Objectives and the number and type of limiting factors
that may complicate implementation of the Strategy.
Strategy ID Description Responsiveness
to Objectives
Perceived
Limiting Factors
HAB-1 Partner with local conservation district to construct fish passage structures around select
agricultural water diversions on Gypsum Creek and Brush Creek 2.9 1
HAB-2 Partner with USFS and CPW to install Aquatic Organism Passage (AOP) Projects on
tributaries holding native trout 1.8 0
HAB-3 Implement aquatic and riparian habitat restoration project on the Eagle River below
Gypsum impacted by wildfire 2.5 2
HAB-4 Reroute Wearyman Road (connector of Shrine Pass and Red Cliff) to reduce sedimentation 1.0 1
HAB-5 Conduct post-project monitoring for instream habitat restoration projects to quantify
effectiveness 0.8 3
Q-1 Construct modeling tools to evaluate feasibility of mitigating water temperature impacts
on lower Eagle River through reservoir releases 3.5 5
Q-2 Pilot Water Temperature Reduction Project 7.0 2
Q-3 Support the Colorado River District's efforts to secure the Shoshone Power Plant water
rights in Glenwood Canyon 7.0 1
CSI-1 Support the Central Colorado Mountains River Basin Weather Modifica�on Program 1.2 2
CSI-2 Incentivize installation and use of smart irrigation controls on residential dwellings 3.2 1
RIP-1 Continue to pursue riparian/wetland restoration opportunities identified in the Eagle River
Inventory and Assessment that fall outside the ERCWP planning area 3.2 2
RIP-2
Use riparian condition mapping produced by the ERCWP to plan and implement riparian
habitat restoration with private landowners in Edwards near the confluence with Lake
Creek and between Eagle and Gypsum
8.3 2
RIP-3 Plan and implement riparian habitat restoration projects with public land entities on upper
Brush Creek and Gypsum Creek.7.6 1
RIP-4 Increase river canopy shading along the lower Eagle River with large trees to address
increasing river temperatures 6.6 1
RIP-5 Utilize conservation easements to protect riparian habitat, wetlands, and floodplains,
especially near Edwards, Wolcott, and between Eagle and Gypsum 3.9 3
RIP-6 Develop recommendations for complementary riparian setbacks in Eagle County and the
towns of Eagle County 7.5 2
REC-1 Inventory and upgrade existing boat ramp infrastructure (e.g., hard and soft), river access
points, and nearby recreational areas 6.2 2
REC-2 Improve efficiency of existing irrigation water delivery and irrigation systems for parks,
golf courses, and ball fields 0.6 3
USE-1 Study the impacts of recreational boating and angling on aquatic species, especially during
elevated temperature events 0.6 1
USE-2 Study user pay systems for river use, including the effectiveness, feasibility and equity of
such regulations 0.6 1
TRF-1 Implement turf replacement and stormwater demonstration projects throughout the
county 6.8 3
TRF-2 Organize an education and outreach program to promote water-wise landscaping
throughout the county 6.8 0
TRF-3 Establish a local source/nursery for native drought-tolerant and/or riparian vegetation 3.2 1
TRF-4 Establish landscape guidelines for turf reduction for new developments or rebuilds 6.8 1
TRF-5 Develop an incentive program for community members to re-landscape their properties
and reduce turf 6.8 2
TRF-6 Establish policies to reduce water use on existing properties 7.2 1
RTE-1 Promote use of Eagle River Water and Sanitation District’s tiered water rate cost structure
in other jurisdictions 7.0 1
RTE-2 Establish water budgets for residential and commercial properties throughout Eagle County 3.5 1
EDU-1 Establish a long-term stakeholder coalition to prioritize, fund, and implement projects 0.0 1
EDU-2 Engage with homeowners by bringing information to their homes to reduce excessive water
use 3.6 1
Water Rates
Education and
Community
Outreach
Riparian Habitat
Restoration
Climate Studies/
Infrastructure
Management of
Instream Flows
Scaled Evaluation Indices
Recreation Use
Limits
Recreation
Infrastructure
Turf reduction and
Landscaping
Instream Habitat
Restoration
Management Objective Responsiveness Questions
• How strongly does this Strategy respond to a Management Objective?
• Does it respond to more than one?
• Do you think this Strategy can achieve the desired result without completing other
Strategies first?
• How would you measure/determine that this Strategy had the intended effect on
the Management Objective?
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Those Strategies deemed most responsive to the Management Objectives and presenting few issues or
constraints for implementation may be prioritized for implementation on shorter timelines. Other Strategies
remain important priorities for the community, but additional roadmapping and groundwork is likely
required before implementation can proceed. Over time, community members will identify additional
Strategies for responding to the Management Objectives. Evaluating the opportunities presented by new
Strategies relative to those stated here may benefit from a structured process like a Multi-Criteria Decision
Analysis (MCDA). The approach outlined above provides ERC and its partners with a template for MCDA
implementation.
The Limiting Factors Index was assessed for each Strategy by considering a series of questions
related to the potential challenges posed by various factors. The questions contemplated by the
project team are provided below, organized by limiting factor category.
Weights were assigned to each Strategy corresponding to each of the potential limiting factors using the
rating system described below. The limiting factor scores were then summed for each Strategy area. This
summed value was used as the index score. The dominant limiting factors identified across the full set of
Strategies were Costs and Implicated Stakeholders.
Limiting Factors Questions
Secondary Effects
• What are potential adverse or unintended consequences (e.g. environmental or
socioeconomic) produced by the Strategy; how might these be addressed
Implicated Stakeholders
• Is there a local champion individual or organization for this Strategy ?
• Who are the decision-making bodies or individuals implicated by this Strategy (e.g. local
governments, federal resource management agencies)?
• Who are the key constituencies who must be influenced/agree to participate in order to
successfully implement the Strategy (who has something to gain; who has something to
lose)? What motivates them (e.g., $$$, fear, ease, peers)? Why will they support/oppose the
strategy? What’s the process required to engage or address them?
Underlying Factors
• Is there an underlying factor that acts as a critical driver or barrier that must be addressed
to implement this Strategy or that may limit its effectiveness after it is implemented (e.g.
climate change may decrease water supply and constrain efforts to manage water creatively
for other uses)?
• Is it feasible for us, or someone else within the community, to fully address this factor
successfully on a reasonable time scale? If not, to what extent can the factor be addressed
locally?
Scope and Scale
• What degree of legal interest/work is required to implement the Strategy (e.g., water rights,
conservation easements, management agreements)?
• What degree, frequency or level of management is required (e.g. one-time effort, bi-annual,
monthly, etc.)?
• To what degree will the Strategy require local, state, or federal permits and how difficult will
it be to secure those?
Costs
• What’s the estimated order of magnitude cost to implement the Strategy (e.g., tens of
thousands of dollars, hundreds of thousands, millions)?
• Is funding available locally? If not, what are the other likely sources of funding? How much
match funding (as a percentage of the total expected cost) can be expected to come from the
local community?
Limiting Factor Weights
0 - Not Applicable: This issue is not relevant to the action or was previously overcome.
1 - Some Concern: This issue presents some barriers for action implementation/success
but it can be easily resolved by continued efforts of local stakeholders in the near-term.
2 - Significant Concern: This issue is expected prohibit implementation or severely limit
success of the action in the near term. Significant work/attention are likely required resolve
it.
3 - Deal breaker: This issue seems insurmountable but is critical to the success of the
action. It is not clear how it can be resolved now or in the future.
Water Use Ranking
Weights
7 - Wildlife and Biodiversity
6 - Municipal Use
5 - Agriculture
4 - Recreational Boating
3 - Angling
2 - Aesthetics
1 - Snowmaking
Responsiveness
Scores
3 - Strongly Responsive
2 - Moderately Responsive
1 - Somewhat Responsive
0 - Not Applicable
Index
ScoreX∑(X ) =Value At Risk
Weights
4 - Treat Risk Pathways
3 - Adaptively Manage Risk
2 - Understand Risk Pathways
1 - Monitor Conditions
Index values were computed by summing weighted responsiveness scores for each Strategy.
Weights reflected a Strategy’s correspondence to the prioritization of water uses expressed by
community members and the Value at Risk ratings associated with each Management Objective
that the Strategy responds to. The scoring approach is outlined below.
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Updates to the Plan
The long-term success and relevance of the Eagle River Community Water Plan hinges on periodic review of
the Values at Risk, stated Monitoring Objectives, and Strategies by those individuals and organizations
charged with the Plan’s implementation. Specific activities that should occur in the future to ensure the
lasting relevancy and utility of the ERCWP to the local community include:
Many of the Community Values identified by the ERCWP apply broadly across the Eagle River Watershed.
However, the technical assessment of local conditions was geographically limited. Accordingly, future
updates to the ERCWP may benefit from an extension of the technical assessment to include a wider
geographical area. Throughout the planning process, some community members emphasized the need to
extend the technical assessment approaches used under the ERCWP to evaluate the existing and potential
future conditions of the upper Eagle River and Homestake Creek, especially as those waterways may be
impacted by projects completed under the Eagle River MOU. More focused analysis and planning work on
Lake Creek, Brush Creek and Gypsum Creek may also identify additional planning needs and opportunities.
(a) Regular consideration of Monitoring Objectives and associated performance measures
relative to the current state of knowledge and assumptions underlying the Values at Risk;
(b) annual stakeholder review of implementation successes and other achievements relative to
the recommended Strategies and development of a work-plan for activities in the upcoming
year;
(c) comprehensive assessments conducted on relevant ecological or social timeframes that
collate new data and provide new analyses to identify emergent hydrological, ecological and
human conditions and trends;
(d) major updates to the Eagle River Community Water Plan conducted every ten years based
on most recent comprehensive assessment results and input from the community;
(e) ongoing monetary support of projects, programs, and policy initiatives that work to further
the achievement of the Monitoring Objectives; and
(f) annual targeted updates on Eagle River Community Water Plan activities provided to local
government, community groups, and/or other stakeholder organizations.
Implementation of the Strategies
The list of Management Objectives (Appendix A) and Strategies (Appendix P) provided by the
Plan (and updated in coming years by the community) intends to function as a roadmap for
activities that preserve and enhance the ability of streams and rivers in the Eagle River
Watershed to meet human and ecosystem needs. Identified lists of Limiting Factors can be used
as a “punch list” of tasks that require completion prior to pursuit of a Strategy. Implementation
of individual Strategies will be most effective when and where local stakeholders and an
identified project champion partner to secure necessary funding, conduct outreach to the
community, and oversee the implementation of projects or policies.
Implementation of the Strategies outlined in the ERCWP, and additional Strategies identified by
ERC and its partners in the future, will only be successful with collaboration and cooperation
among affected stakeholders, elected officials, and resource managers. The collection of entities
implicated by the Strategies are varied and diverse. While ERC expects to play a central
coordination role for implementation of the Plan, there is no single entity expected to carry the
torch for implementation of the full set of Strategies.
The rationale for the actions embodied in the Plan’s list of Strategies is expected to support
requests for and receipt of funding from local, regional, state, and federal sources. A non-
exclusive list of potential funding sources for Strategy implementation includes the following:
Eagle River Fund
Colorado River District Community Funding Partnership
Colorado Basin Roundtable Water Supply Reserve Fund
Colorado Water Conservation Board Watershed Restoration Grants
Colorado Water Conservation Board Colorado Water Plan Grants
Colorado Water Conservation Board Turf Replacement Program
U.S. Bureau of Reclamation Water Smart Grants
The wealth of technical material provided by the ERCWP should support grant application
development and provide a pathway for long-term assessment of project outcomes.
Characterizing project success or failure will be critical to ongoing efforts to update the Plan
through addition, modification, or removal of Management Objectives and the identification of
new Strategies.
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 24-09
REZ24001 Rezoning East Avon Preserve
DATE: June 6, 2024
SUMMARY: This report presents to the Avon Town Council (“Council”) First Reading of Ordinance 24-09
an application for the rezoning of an existing parcel of land owned by the Town of Avon (“Avon”) known as
the East Avon Preserve (“Property”). This application changes the existing zoning for the Property from
Public Facilities (“PF”) to Community Housing Medium Density (“CHMD”) and Open Space, Landscaping,
and Drainage (“OLD”). Council provided direction that Community Housing is the top priority and directed
Staff to prepare and submit a rezoning application for the Property in the fall of 2023.
A work session prior to this application was initially heard by Council in October of 2023. At this meeting
Council directed Staff to prepare and present new Community Housing zone districts and modifications to the
Comprehensive Plan, prior to seeking an application for a rezoning on this property. Ordinance 24-01
(Community Housing Zone Districts) was approved January 23, 2024, and Ordinance 24-02 (Comprehensive
Plan Amendments) was approved February 13, 2024. Both Ordinances support and reinforce planning and
zoning (or rezoning) several Town-owned parcels for Community Housing, including the East Avon
Preserve.
The New Community Housing zone district be applied to this application is as follows:
Community Housing Medium Density [Section 7.20.075(d)]
(d) Community Housing Medium Density. The CHMD district is established to accommodate small
single-family, duplex and townhome development as either single neighborhoods of similar units or
in a neighborhood with a mix of unit types. The CHMD district should be located along a local road.
Table 7.20-6
Community Housing Medium Density
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)
Du / Multi-
family / TH
10 du/
acre
N/a 10% 80 10 7.5 10 35
This subject “Site” is limited to 6.5 acres of Community Housing development on a 37.4 acre parcel and
located adjacent to the Village at Avon Tract J with I-70 to the south. See image, next page.
BACKGROUND: The East Avon Preserve Parcel ("East Avon Preserve") in its entirety is 85.99 acres.
The Town acquired the East Avon Preserve in 2013 from the United States Government as part of the Multi-
Party Land Exchange agreement involving several parcels and parties (see Attachment A, Exhibit B). The
East Avon Preserve may contain an area up to 6.5 acres for what was known at the time as “affordable”
housing with the balance of the East Avon Preserve, 79.49 acres, to be used for vehicular and trail access
to reach private development to the east, as well as the development of (general) public trails.
The Town of Avon and the County of Eagle entered into an Intergovernmental Agreement in 2013, (which
REZ24001 A Rezoning Application: EAP Community Housing
June 7, 2024
Page 2 of 6
referred to the East Avon Preserve Parcel as the "Village Parcel"), which states in part that after the
boundaries of the reserved area for “affordable housing” and community facilities, and when the road and
trails alignments are determined, the Town of Avon is committed to granting a conservation easement to a
land trust mutually acceptable to the Town and Eagle County. Not knowing what exactly would be built at
this location, the zoning that was applied was Public Facilities (“PF”) for what was a potential developable
area, as the initial target area for housing is within the “upper northeast corner.” After procuring a slope
analysis for the site in 2022, Staff has identified a more specific and superior development area, with
substantially improved accessibility to Wagon Trail Road (see proposed zoning image, next page) on
acceptable slopes of between 0-30% (see next page).
Location of Property: East Avon Preserve
PLANNING & ZONING COMMMISSION REVIEW COMMENTS: The proposed rezoning was unanimously
supported by the Planning and Zoning Commission (“PZC”) on April 22, 2024, and the PZC recommended
Council approve the proposed rezoning. The PZC felt that using the Community Housing Medium Density
(CHMD) instead of the existing Public Facilities (PF), was a logical and comprehensive option.
PROCESS: Rezonings can only be initiated by property owners and the Avon Town Council (“Council”).
With direction to proceed with a rezoning application Staff will provide the necessary public notification
before hearings with the PZC. PZC will then review the rezoning application and provide a recommendation
to Council. Council then approves rezonings by adoption of an ordinance.
REZ24001 A Rezoning Application: EAP Community Housing
June 7, 2024
Page 3 of 6
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on April 12, 2024 and again
on April 26, 2024. No public comments have been received.
DISCUSSION: The Town continually strives to increase the numbers of Community Housing units within
Avon. 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. 6 acres in this location implementing a mix of duplexes, townhomes, or multifamily
units likely has a fair market value in the millions.
The property is sizeable; however, it contains considerable slopes, which makes high-density housing
development difficult on this location. Application of the CHMD zone district is appropriate for this reason,
with goals including the implementation of a choice mix of potentially less sizeable residential forms,
assisting in increasing “missing middle” inventory in Avon that work well with the topography. Town Council
also has the option to increase the potential for housing at this location by implementing the “next” level of
zone districts, Community Housing High Density-1. This would allow buildings to be a bit taller, allowing
more effective design like terraced structures that step up hillsides. The CHHD-1 would also increase
maximum densities from 65 units max using CHMD (10 units per acre) to a max of 162.5 units (at 25 units
per acre using CHHD-1).
The property is located near the Planning Area J (mixed-use/neighborhood commercial) area of the Village
(at Avon) PUD, and P3, a property the Town will be developing for park purposes. Future development of
Area J will compatibly support the residential development of the East Avon Preserve.
Proposed Zoning
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING RECOMMENDATION 4/22/24
TOWN COUNCIL ORDINANCE & PUBLIC HEARING 6/11/24 – 1st Reading
TOWN COUNCIL INITIATION
TBD
REZ24001 A Rezoning Application: EAP Community Housing
June 7, 2024
Page 4 of 6
The planning and development of the East Avon Preserve is not as critically time sensitive as the recent
Slopeside project, as water service is a current outlier for development at this location. A water storage tank
to serve properties in this vicinity will be a necessary first step prior to the onset of the residential
construction. Changing the zoning to CHMD is an advantage in 2024, as this places the Town of Avon in a
position to seek funding for infrastructure improvements that will support future housing at this location.
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.
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 after
securing water service and related infrastructre. Several steps will include further review of project design
and type of housing development by Council and the Avon Planning and Zoning Commission, in the interim.
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.
REZ24001 A Rezoning Application: EAP Community Housing
June 7, 2024
Page 5 of 6
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 Avon Comprehensive Plan as this parcel is slated for
Community Housing- recognized as 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, and will be further evaluated in subsequent entitlement applications;
(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 Avon
area as Community Housing is an established need;
(6) There are adequate facilities that will be available to serve development for the type and scope
suggested by the proposed zone compared to the existing zoning, which the Town will ensure not
to 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 future phases of entitlement.
And,
Conformance with General Review Criteria in AMC §7.16.020(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
REZ24001 A Rezoning Application: EAP Community Housing
June 7, 2024
Page 6 of 6
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.
TOWN MANAGER COMMENTS: Council asked questions about the 2013 Intergovernmental Agreement
with Eagle County to adopt a Conservation Easement on a portion of the East Avon Preserve. Per the 2013
Intergovernmental Agreement the Town of Avon is not obligated to consider or adopt a conservation until (1)
the area for housing is identified AND (2) the construction of a road and recreation trail across the property
is completed. The 2013 Intergovernmental Agreement states the area for housing development should be
no more than 6.5 acres unless a larger area is approved by Eagle County. I have contacted Eagle County
officials to inquire into amending the 2013 Intergovernmental Agreement to change the 6.5 acres to 8.5 or 9
acres, to which they indicated they would likely support that change. Due to the process for Eagle County
Board of County Commissioners to consider this change the ordinances is presented with 2nd reading and
public hearing to be scheduled for August 12 to allow time to prepare and present an amendment to the
2013 Intergovernmental Agreement.
RECOMMENDATION: I recommend approval of the rezoning of the East Avon Preserve.
PROPOSED MOTION: “I move to approve First Reading of Ordinance 24-09 the Rezoning of the East Avon
Preserve to Community Housing Medium Density and Open Space, Landscaping, and Drainage, based on
the findings for §7.16.050 Rezonings and §7.16.020(f)(1) General Criteria, as presented and outlined in the
Staff report and application.”
Thank you, Jena
ATTACHMENT A: REZ23001 East Avon Rezoning Application
Ord 24-09 Rezoning EAP to CHMD and OLD
June 7, 2024
Page 1 of 3
ORDINANCE 24-09
REZONING THE EAST AVON PRESERVE (SECTION: 8 TOWNSHIP: 5
RANGE: 81 LOT 1) AVON, COLORADO, FROM PUBLIC FACILITIES TO
COMMUNITY HOUSING MEDIUM DENSITY AND OPEN SPACE,
LANDSCAPING, AND DRAINAGE
RECITALS
WHEREAS, the Avon Town of Avon (“Applicant”) submitted an application to rezone a
portion of the East Avon Preserve parcel (Lot 1), Avon, Colorado (“Property”) from Public
Facilities, to Community Housing Medium Density with the remaining area Open Space,
Landscaping, and Drainage 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 April 22, 2024, and prior to
formulating a recommendation to the Town Council considered all comments, testimony, evidence
and Town Staff reports; and in accordance with AMC §7.16.020(f), then took action to adopt a
Findings of Fact and a Record of Decision, 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 May 13, 2024, and June 11, 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 intended for use
as Community Housing and open space;
WHEREAS, the Council finds that the rezoning from Public Facilities to Community Housing
Medium Density and Open Space, Landscaping, Drainage 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
Ord 24-09 Rezoning EAP to CHMD and OLD
June 7, 2024
Page 2 of 3
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 Public Facilities to Community Housing Medium Density with the remaining
area Open Space, Landscaping, Drainage.
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,
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.
Ord 24-09 Rezoning EAP to CHMD and OLD
June 7, 2024
Page 3 of 3
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 June 11, 2024, and setting such public hearing for Second reading for
August 13, 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 August 13, 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
EAST AVON PRESERVE COMMUNITY HOUSING PROJECT
APPLICATION TYPE: REZONING
FILE NUMBER: REZ24001
LOCATION: Adjacent to the Village (at Avon) PA J; Section: 8 Township: 5 Range: 81 LOT 1
Parcel No. 210308300007
https://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R065214
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. This development necessitates the
zone district of Community Housing Medium Density (“CHMD”) to accomplish these goals, which is suitable for this
location: the East Avon Preserve.
The location of the subject parcel is adjacent to a future mixed-use neighborhood commercial development,
recognized as Area J of the Village (at Avon). The site’s walkability to future neighboring commercial businesses, ,
park, and open spaces, is convenient. Additionally, this location is near an existing transit/bus route, making this site
a unique project for our workforce. This subject “Site” is limited to 6.5 acres of Community Housing development on a
37.4 acre parcel and located adjacent to the Village at Avon Tract J with I-70 to the south. The remaining,
undeveloped area is required to be placed into a conservation easement, which will occur when the precise
development area is determined at a future date. In the interim, Staff is suggesting that the remaining parcel be
rezoned to Open Space, Landscaping, and Drainage or (“OLD”) in the interim.
Subject Property
East Avon Preserve Rezoning Application June 6, 2024
Page 2 of 8
The subject site is large but topographically challenging. The proposed CHMD zone district represents the
most suitable area for development based on a slope assessment. With this area, Staff estimates there will
be approximately 4+ acres of developable land (slopes of 0-40%) plus lands for roads, trails, parking, and
landscaping/drainage. Staff also identified a secondary site to the east (see image below). A sizable gully
separates these two areas. As infrastructure costs rise in rugged terrain, Staff is not pursuing a zone
change in the secondary area because of the gully. Additionally, the stipulations in the IGA with Eagle
County require community housing in the subject property's “upper northwest area.” To modify this
stipulation, Avon must return to Eagle County for an agreement modification.
Due to the development limitations, Council could consider a different zoning instead of the proposed
CHMD, as this district is limited to 65 dwelling units at ten du/ac on 6.5 acres. Using Community Housing
High Density-1 (“CHHD-1”), for example, would open the possibility of increasing the number of units to a
maximum of 162.5 residences at 25 du/ac. That does not mean we need to maximize the zoning, but it
would allow the project's design to have flexibility in utilizing the site efficiently and help lower construction
costs in having more dwelling units.
BACKGROUND: The subject parcels (Lots 1 and 2 - known collectively as the “East Avon Preserve,” total 85.99
acres (see image below). The Town acquired the East Avon Preserve in 2013 from the United States government as
part of the Multi-Party Land Exchange agreement involving several parcels and parties. The East Avon Preserve may
contain an area of up to 6.5 acres for what was known at the time as “affordable” housing, with the balance of the
East Avon Preserve, 79.49 acres, captured in a future conservation easement slated for vehicular and trail access to
East Avon Preserve Rezoning Application June 6, 2024
Page 3 of 8
reach private development to the east, as well as the development of public trails. It was in 2013 when the Town
acquired the Property through a deal involving the USFS and Eagle County (which originally referred to the East Avon
Parcel as the “Village Parcel”), which requires in part that after the boundaries of the reserved area for “affordable
housing” and community facilities, and when the road and trails alignments are determined, the Town of Avon is
committed to granting a conservation easement to a land trust mutually acceptable to the Town and Eagle County.
Not knowing what design would work for this location, the zoning applied was Public Facilities (“PF”) for the potential
developable area. The Swift Gulch facility parcel was also zoned Public Facilities to reserve this area for Town
purposes, including government employee housing and other uses. Recently, Avon rezoned the Slopeside parcel
(neighboring parcel to Swift Gulch) to the more appropriate Community Housing High Density-1.
Housing discussions and interactions have significantly increased due to the pandemic’s outfall. This was due to the
unforeseen migration of people relocating to the mountains and an extreme demand increase. The outfall: housing
prices rose sharply, and, in response, mortgage rates dramatically increased due to this inflation. Towns all over the
nation are currently experiencing a workforce housing crisis. They 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 accommodations available for workers.
Unfortunately, Avon does not yet have a portfolio as extensive as Vail's. Thinking ahead to diversify housing projects
is a step in the best direction, and contemplating creating housing for employees.
[1] U.S. Bureau of Labor Statistics JOLTS report, May 2023
SECTION 2 : REVIEW CRITERIA:
The Planning and Zoning Commission and 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 investigate preliminary
engineering designs for this project. During this process, the Town will ensure that all underlying code
requirements for the requested zone district will be met, as this assessment proceeds.
(2) Consistency with the Avon Comprehensive Plan;
Applicant Response: On the first page of the Avon Community Housing Plan it quotes the recently updated
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:
East Avon Preserve Rezoning Application June 6, 2024
Page 4 of 8
• 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. Most likely, housing
at this location would be in alignment with income targets of 120-140% of AMI or greater, given the potential
infrastructure improvements needed. Having this parcel rezoned with a Community Housing zone district,
allows the Town to find and apply for housing grants to help offset these significant costs.
In Section E. Housing, two other policies reflect the goals of the Town for this project: Policy E.1.6: Actively
plan for Community Housing developments on Town-owned lands, and, Policy E.1.7: Encourage Community
Housing development on non-Town-owned lands as primary developments, or as a significant component
within developments, whenever practicable.
Town Council recently added a new section of the
Comp Plan (“District 12”), specific to the East Avon
Parcel. Within this section it states that, “The East
Avon District will be a Community Housing
neighborhood connected to Wagon Trail Road and
a multi-use path. The district enjoys extensive
views and ample south-facing orientation for
passive-solar-designed buildings. The district is
also highly visible from I-70 and across the Eagle
River Valley. The architectural design of
Community Housing on this site should be elevated
to demonstrate a strong example of Avon’s
residential design standards and goals.” Further,
“The East Avon District will be connected to and
integrated with a trail system on the adjacent
District 8 trail system. Development may include a
variety of Community Housing types for local 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.
East Avon Preserve Rezoning Application June 6, 2024
Page 5 of 8
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 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 significant grade changes the property is suitable for
development where slopes are identified less 40% (see images next page and Exhibit A). A scenic property, I-
70 noise will be a factor when considering the overall site layout and structure orientation. Staff anticipates that
in working with both the terrain and other factors like noise and visual impacts, a very considerate development
overall will be the result that creates a very desirable neighborhood for workers.
Infrastructure including roads and utilities, will need to be installed for this property. Initial design preliminaries
have been evaluated, as Staff knows that the existing Wagon Trail Road will need to be extended through and
or adjacent to the preserve as the Village (at Avon) plans to use this road to serve portions of the VAA to the
north and east of the subject property; this road may also one day connect to the proposed State Land Board
development in Eagle Vail. Currently, water and sewer is available in Wagon Trail Road, and generally, Wagon
Trail Road is suffcieint for the main access road leading to this development area. The most significant piece of
the development puzzle is the needed water storage tank for this area. The Town is in discussions with the
Village (at Avon) regarding this aspect of the project.
This site does not contain any significant wildlife habitat; however, it is used by mule deer as general summer
and winter range, as well as a general migration corridor stretching from Gypsum to Dowd Junction.
East Avon Preserve Rezoning Application June 6, 2024
Page 6 of 8
Image: Looking East from Wagon Trail Road 2023
Image: Looking West from Wagon Trail Road 2023
(4) Compatibility with surrounding land uses;
Applicant Response: The rezoning of this property to Community Housing Medium Density is appropriate
given that this property is within walking distance to future mixed-use neighborhood residential uses and
commercial offerings like restaurants, transit, healthcare, and other services slated for Village (at Avon) Area J.
The (future) P3 recreation area is also within walking distance. Further, using the medium density housing
types will result in a more thoughtful design that may integrate into the topography better than using large
structures that require more significant grading
Development on this site will not have an adverse effect- or any impact, to neighboring properties as there are
no directly adjacent developments to this location given the expectations of the slope analysis (there is a small
buffer between this property and neighboring Area J). Development on this site will not impede views from any
other existing developments, 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;
East Avon Preserve Rezoning Application June 6, 2024
Page 7 of 8
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 currently.
(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 in the entitlement process.
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
Applicant Response: The purpose of the Community Housing Medium Density (CHHD) is to accommodate
a workforce neighborhood development in a cost effective configuration, with a construction type and density
that permits a number of residential units with a maximum of three (3) stories of residential on sloped lands.
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 or result in significant site disturbance – especially a parcel like
the East Avon Preserve, which is a highly-visual site as you approach 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: As mentioned previously, this site deserves a very thoughtful approach in its design
to create a project respectful to the property’s slopes and drainage, and its high visibility. This will be
accomplished by designing in accordance with the topography. As mentioned in the finding for property
suitability, there are no significant impacts anticipated to vegetation, wildlife, or to the natural environment, if
we use the slopes to our advantage. In regard to air quality, best practices will be used at all times for dust
control, as is required by the State of Colorado. 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 – especially if landscaping
acts as a buffer between the residences and the interstate.
(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 decades; 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, and the Village (at Avon) has approvals for development on three sides of this parcel.
Public transit is already accommodated near 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.
East Avon Preserve Rezoning Application June 6, 2024
Page 8 of 8
(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 in proximity to this location within a
developed roadway is helpful.
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
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, that now recognizes
this area specifically whereas previously, no guidance for this area existed (in the Comp Plan). This rezoning
application will not impact demands for public services or infrastructure because it is not a true development
application; instead, it is simply a rezoning for a Town-owned property slated for the future planning
surrounding a potential Community Housing project.
CONCLUSION: If the Town is successful in achieving this rezoning, the following development generalized “next
steps” or actions will occur:
• Pursuing development/infrastructure and housing grants for this project;
• Obtaining consultants to produce geotechnical reports;
• Producing an RFP for potential design services;
• 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 – East Avon Parcel Mapping Exhibit
EXHIBIT B – IGA Between Avon and EC
EXHIBIT A
East Avon Preserve
Community Housing
POTENTIAL ACCESS ALIGNMENTS (Option 1 preferred)
POTENTIAL DEVELOPMENT AREA
POTENTIAL REZONING
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE AND
THE TOWN OF A VON
This Intergovernmental Agreement ("Agreement") is made this C\ � day of
, 2013, by and between the County of Eagle, State of Colorado, a body corporate�� and politic ("County") and the Town of Avon, a Colorado home rule municipal corporation ("Town"), (individually referred to as "Party" and collectively as "Parties").
WITNESS ETH
WHEREAS, the White River National Forest - Eagle/Holy Cross Ranger District initiated a multi-party land exchange involving Eagle County, the Colorado State Board of Land Commissioners, the Upper Eagle Regional Water Authority, and the United States Forest Service ("Land Exchange");
WHEREAS, the Town has acquired two parcels of land from the United States government
as a result of the Land Exchange, dated � ct, )-Q2i by and among the State of Colorado State
Board of Land Commissioners, the Upp�l� River Water Authority, Eagle County, and the
United States of America Forest Service, which parcels are described as: the West Avon Parcel
containing approximately 478.09 acres and located within the Town of Avon; and, the Village
Parcel, containing approximately 85.99 acres and located within in Eagle County;
WHEREAS, the Village Parcel is bounded on three sides by the Village (at Avon) PUD
project area and the Village Parcel is situated such that road and trail access across the Village
Parcel may be the best alignment for com1ection to the lower and eastern most portions of the
Village (at Avon) PUD project area;
WHEREAS, the Town adopted Resolution No. 11-12 A RESOLUTION REPEALING
RESOLUTION 11-09 AND APPROVING A NEW RESOLUTION BY THE AVON TOWN
COUNCIL SUPPORTING A MULTI-PARTY LAND EXCHANGE LOCATED IN THE
WHITE RIVER FOREST IN EAGLE COUNTY AND RECOMMENDING EXCEPTIONS TO
THE CONSERVATION EASEMENTS ON THE WEST AVON PARCEL AND THE
VILLAGE PARCEL which stated the policy to reserve from any conservation easement
recreational trails, approximately 6 acres of land for affordable housing and community facilities
on the Village Parcel, and a potential future easement or easements for a road and trail
connecting Plam1ing Area RMF-1 to Plam1ing Area M (as defined in the 1998 Village (at Avon)
PUD map) on the Village Parcel;
WHEREAS, the Town is not able to determine the specific alignment and location of such
uses to be reserved from a conservation easement at this time but Town desires .to make a
commitment to the County that a conservation easement will be granted for the Village Parcel in
the future and further desires to cooperate effectively with the County to promote the efficient
Engle County-Town of Avon 2013 !GA Village Parcel Conservation Easement
Page 1 of 4
Jan. 22, 2013 FINAL
EXHIBIT B
IGA EC-TOA EAST AVON PRESERVE
1
achievement of important community goals for Eagle County residents, including but not limited
to residents of the Town of Avon; and,
WHEREAS, this Intergovernmental Agreement is authorized pursuant to §29 -1 -201 and
30 -11 -101, Colorado Revised Statutes, as amended; Article XIV, Section 18, of the Colorado
Constitution; and Section 16.2 of the Avon Home Rule Charter.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, the Parties agree as follows:
1. Future Conservation Easement. The Town agrees that Town will grant to Eagle Valley
Land Trust, or other appropriate organization mutually acceptable to Town and County, a
conservation easement ( "Future Conservation Easement ") on the portion of the Village
Parcel remaining after the determination of the location and alignment of roadways and trails
and after determining the boundaries of a reserved area for affordable housing and
community facilities. The Future Conservation Easement shall restrict and protect the
remaining portion of the Village Parcel as open space in its natural state, shall allow passive
recreation activities, and shall generally include such other terms as are included in the
conservation easement on the West Avon Parcel or shall include such terns as Town and
County mutually agree. The Town agrees that the area for affordable housing and
community facilities shall be no greater than 6.5 acres without approval by the County and
that the location shall be generally on the northwest conger of the Village Parcel as depicted
in Resolution No. 11 -12 of the Town of Avon, attached hereto as Exhibit "A" and
incorporated herein.
2. Cooperation on Affordable Housing. Town agrees to actively explore cooperative or
partnership efforts with County to promote cost effective, energy efficient, environmentally
and architecturally appropriate, affordable housing projects on the portion of the Village
Parcel reserved for such purpose.
3. Future Maintenance Agreement. Simultaneously with the conveyance of the Future
Conservation Easement, Town and County agree to enter into a maintenance agreement to set
forth the Town's obligations with respect to the use and maintenance of the Village Parcel
the "Future Maintenance Agreement "). The Future Maintenance Agreement will provide
for inspections of trail conditions, fencing, if any, status and condition of signage and other
improvements, and a review of maintenance levels. The Town and County shall
cooperatively and mutually detennine what additional maintenance, if any, may be necessary
or desired, for the Village Parcel. The Town and County may update or revise the Future
Maintenance Agreement as may be mutually determined.
4. Costs. Town shall be responsible for and shall bear all costs and liabilities of any kind
related to the ownership, operation, upkeep, and maintenance of the Village Parcel, and any
improvements or trails thereon. All maintenance obligations of the Town under this
Cagle County —Town of Avon 2013 1 G Village Pa reel Conservation Casement
Page 2 of 4
Jan. 22, 2013 FINAL
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Agreement are subject to funds being budgeted and appropriated. Eagle County shall not be
responsible for any such costs or liabilities associated with the Village Parcel.
5. Term. This Agreement is effective from this day forward, until the earlier of (a) the date
which the Town grants a conservation easement on the Village Parcel in accordance with the
terms in this Agreement or (b) December 31, 2037.
Notices. All notices, requests, consents, approvals, written instructions, reports or other
communication by the Town and the County, under this Agreement, shall be in writing and
shall be deemed to have given or served, if delivered or if mailed by certified mail, postage
prepaid or hand delivered to the Parties as follows:
Town of Avon:
Town of Avon
One Lake Street
PO Box 975
Avon, CO 81620
Attn: Town Manager
County of Eagle:
Eagle County Attorney
P.O. Box 850
Eagle, CO 81631
Either Party may change the address to which notices, requests, consents, approvals,
written instructions, reports or other communications are to be given by a notice of change of
address given in the mamler set forth in this section.
7. Third Party Beneficiary. This Agreement does not and shall not be deemed to confer upon
or grant to any third party any right to claim damages or to bring any lawsuit, action or other
proceedings against either the Town or the County because of any breach hereof or because
of any terms, covenants, agreements or conditions contained herein.
8. Amendments. No modification or waiver of this Agreement or of any covenant, condition,
or provision herein contained shall be valid unless in writing and duly executed by the Party
to be charged therewith.
9. Entire Agreement. This written Agreement embodies the whole agreement between the
Parties hereto and there are no inducements, promises, terms, conditions, or obligations made
or entered into either by the County or the Town other than those contained herein.
10. Assignment. This Agreement shall be binding upon the respective Parties hereto, their
successors or assigns and may not be assigned by anyone without the prior written consent of
the other respective Party hereto. Such approval shall not be unreasonably withheld, but any
unapproved assignment is void.
Eagle County —Town of Avon 2013 IGA Village Parcel Conservation Easement
Page 3 of 4
Jan. 22, 2013 FINAL
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11. Severability. All agreements and covenants herein are severable, and in the event that any
of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be
interpreted as if such invalid agreement or covenant were not contained herein.
12. Authority. The Town has represented to the County and, likewise, the County has
represented to the Town, that each possesses the legal ability to enter into this Agreement. In
the event that a court of competent jurisdiction determines that either of the Parties hereto did
not possess the legal ability to enter into this Agreement, this Agreement shall be considered
null and void as of the date of such Court detem1ination.
13. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Colorado. The Parties agree that venue for any dispute regarding this
Agreement shall be proper in Eagle County, Colorado.
IN WITNESS WHEREOF, the Paiiies hereto have executed this Agreement the day and
year first above written.
ATTEST:
By: ------------Clerk to the Board of
County Commissioners
ATTEST:
COUNTY OF EAGLE, STA TE OF
COLORADO, by and through its
BOA F COUNTY MMISSIONERS
TOWN OF AVON
y: ____________ _ Rich Can-oll, Mayor
Eagle County-Town of Avon 2013 IGA Village Parcel Conservation Easement
Page 4 of 4
Jan. 22, 2013 FINAL
4
970.748.4088 predmond@avon.org
TO: Honorable Mayor Amy Phillips and Council Members
FROM: Paul Redmond, Chief Financial Officer
RE: Work session: Use Tax Ballot Proposal for 2024 Election
DATE: UPDATED Report from March 26, 2024
SUMMARY: This report provides an update on the 4% Use Tax on New Construction Survey and requests
Council’s input and direction on the policy questions (questions 5 – 14) therein. Magellan Strategies was
retained to conduct voter polling to determine potential voter support for a Use Tax on New Construction.
The questions were developed through collaboration between Staff and Magellan Strategies. The results
will be presented to Council in July. A draft of the survey questions is included ATTACHMENT A.
SURVEY INSTRUMENT/DISTRIBUTION METHOD: The Town has partnered with Magellan Strategies to
design and issue the survey, ATTACHMENT B. The survey educates the Voter while asking for their level
of approval on voting for a potential use tax on construction materials. The survey link will be available
publicly. The link will be advertised through the Vail Daily, digital marketing, Town newsletters and website,
press releases, radio advertisements and interviews, social media promotion and a mailed postcard. The
online survey will allow participants to choose their preferred language at the onset of the survey
experience. Respondents can complete the survey from any device: computer, tablet or mobile phone.
Our updated timeline can be found in ATTACHMENT C.
BACKGROUND: Council has reviewed use tax proposals from 2021 to 2023. Voter polling in June 2022
showed support for the use tax, but the focus turned to the ballot measure and formation of the Regional
Transportation Authority. The Town Council then referred the measure to the 2023 November election, but
the question failed with almost 62% (691 votes) opposed and 38% (424 votes) in support. The 2023 ballot
question did not earmark the revenues generated from the tax for any specific purpose. The revenues
would have gone to the Town’s General Fund and could be uses for any municipal purpose.
The lack of Community Housing has been identified at a “crisis level” in the Eagle County region. The Town
Council was presented with a list of potential sites for development of community housing on January 23,
2024, some sites owned by the Town and some by private ownership. With lack of community housing
inventory and shortfalls of funding for community housing initiatives, this proposed use tax measure would
help to reduce that gap. In addition, the current collection of the town’s sales tax is cumbersome, and the
town remains at a disadvantage by not getting on the same playing field with adjacent communities who
currently collect a use tax. There are many challenges in developing local community housing
opportunities, but this proposal helps solve one of those with a permanent and dedicated funding source.
CURRENT METHODOLOGY FOR THE COLLECTION OF SALES TAX ON BUILDING MATERIALS:
Avon currently imposes a sales tax on building materials. However, the administrative burden of collection
is extremely high and very ineffective. Most of the current collections of sales tax on construction materials
are generated and remitted by local Avon and Eagle County retailers such as Home Depot, and Edwards
Building Supply due to the fact they have established physical nexus with the Town of Avon. For example,
when a purchase is made from Edwards Building Supply and the materials are to be delivered into Avon,
the retailer will collect and remit Avon sales tax.
The administrative burden (and headache for contractors and developers) comes from projects whereby
the materials are purchased from outside Eagle County, or the State of Colorado. Sales tax is not typically
collected on these materials by the vendor. In these instances, sales tax would be due to the Town by
either a general contractor or sub-contractor at the time the materials are delivered to the job site.
970-748-4088 predmond@avon.org
However, sales tax is not typically remitted to the Town and Staff has little or no knowledge of the
transactions taking place to follow-up with the contractor. Even if Staff have the information, it is difficult to
track down out-of-town contractors or have of leverage to require them to remit the taxes due.
CONSTRUCTION MATERIALS USE TAX: A use tax on new construction is a form of use tax levied on
building materials. The use tax is collected at the time a building permit is issued. The use tax amount is
determined by multiplying the use tax rate by the cost of the building materials using a predetermined
formula. A common method is to determine that the cost of building materials to be fifty percent (50%) of
the total valuation of the construction project. The builder then provides the building permit to the materials
supplier to prove that use tax has already been paid, and then is exempt from paying a corresponding
municipal sales tax in other locations. The administrative burden of collection under a use tax methodology
is greatly reduced. In addition, the Town could reconcile the final cost of a project versus the initial value
placed on the project for permit purposes.
VILLAGE AT AVON (TRAER CREEK METRO DISTRICT): The Consolidated Amended and Restated
Annexation and Development Agreement (“CARADA”) specifically contemplates that the Town may, at
some point, enact a use tax. In the event a use tax is imposed, a corresponding “use tax credit” will
automatically be applied to any transaction subject to the use tax. The CARADA also contemplates that
Traer Creek may impose a building materials fee if the Town imposes a use tax. The CARADA is silent as
to whether the building materials fee must be used for the same purposes as the use tax. CARADA does
provide the Town must coordinate with Traer Creek regarding the implementation of any use tax, so the
Town will need to further explore the building materials fee with Traer Creek.
Based on 1,835 remaining residential dwelling units (at 1,500 sq. ft. each) and 470,017 remaining
commercial square footage left to be developed. At $500 per sq. ft. construction cost the total taxable
value (50% of total construction value) is $805,629,250. Therefore, the potential use tax revenue
generation in the Village (at Avon) is estimated to be in excess of $32 million using a 4% tax rate. Given
the existing outstanding debt balance is approximately $76 million and the remaining Credit PIF Cap of $14
million, the additional use tax revenues would accelerate satisfaction of Town’s tax credit obligations.
Another complexity is that the tax credits in the Village (at Avon) are for the purpose of building public
infrastructure and the Village (at Avon) Planned Unit Development guide requires the developer to build
another 256 units of affordable housing. Therefore, even with the obligation to remit Use Tax revenue
generated within the Village (at Avon) to Traer Creek Metropolitan District, this revenue may assist with
installation of public infrastructure which is required to serve additional affordable housing. Once Avon’s
tax credit obligations under the CARADA are fully satisfied, then the Use Tax revenues in the Village (at
Avon) would go directly to Avon’s Community Housing fund.
FINANCIAL CONSIDERATIONS: The timing of the remittance of a use tax versus actual sales tax
collections on construction materials makes it difficult to compare fiscal years. However, an analysis of the
past 5 years indicates the Town collected an average of $612,098 per year with 2023 collections at
$920,902 representing almost 7% of total sales tax collections.
Below is a chart comparing the sales tax collected on construction materials from the last 5 years
compared to a use tax during the construction of Frontgate, One Riverfront, Dual Brand Hotel, Maverik and
McGrady Acres. The chart shows if Avon had a Use Tax on construction materials the Town would have
generated $1.4 million in additional tax revenue, or a 50% increase in revenue. The additional revenue
970-748-4088 predmond@avon.org
generated from the Use Tax on construction materials would be used to fund Community Housing projects,
including the ¡Mi Casa Avon! program.
NOTE: The Sales Tax on construction materials for projects in the Village (at Avon) was remitted to Traer
Creek Metropolitan District in accordance with the terms of the Village (at Avon) Development Agreement
and Town’s tax credit obligations. The financial impact (i.e. decrease) to the Town of Avon General Fund is
estimated to be approximately $300,000 per year. Roughly half of the revenue has been generated in the
Village (at Avon) and therefore subject to the tax credit obligations. The contributions towards Community
Housing with the Use Tax is very roughly estimated to be $450,000 per year on average (50% increase).
TOWN MANAGER RECOMMENDATION: I recommend directing Staff to proceed with voter outreach on
a potential Use Tax Ballot Question that is revised to dedicate the revenues to Community Housing. Each
dedicated revenue source for Community Housing is important and essential to establish the financial
resources to bring more Community Housing on-line faster. The portion of the Use Tax which would be
applicable in the Village (at Avon) will require new development to contribute towards public infrastructure
improvements as contemplated in the original Village (at Avon) Development Agreement and will
accelerate the ultimate satisfaction of the Town’s tax credit obligations. 2023 was a low turn-out for Avon
voters. 2024 is expected to be a high, if not highest, voter turnout for Avon. Tax questions typically do
better with a high voter turnout and if the use of funds is specified for an important public purpose.
REQUESTED DIRECTION: Staff seeks direction on whether to take next steps with community outreach,
and voter polling to determine community support for a revised Ballot Question proposing a Use Tax on
Construction Materials.
Thank you, Paul
ATTACHMENT A: 2024 Use Tax Survey 6.6.2024 DRAFT
ATTACHMENT B: Use tax Ballot Proposal Implementation Timeline
46.66%
‐ 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000
Construction Sales Tax
Use Tax
2019‐2023 Potential Use Tax on Construction Materials
Town of Avon 2024 Ballot Measure Survey
MAGELLAN ID: COAVON-042224 Interview Goal = 300+n
Field Dates: TBD +/- 4.08% MoE
Hello, the Town of Avon invites you to participate in an important survey regarding a
potential ballot measure this November. Please make your voice heard by sharing your
thoughts and opinions. Your answers are strictly confidential, and the survey will only take
8 minutes to complete. Any questions about this survey can be directed to Mary Smith in
the Town Communications Office at 970-479-2100 or by email at MSmith@avon.org.
T1. To get started, could you please verify that you are registered to vote in the Town
of Avon, Colorado?
Yes-1
No-2
IF T1=2 “I am sorry, but this survey is only for the registered voters in the Town of Avon.
Thank you for your time and have a good day.”
T2. How likely are you to vote in the November 2024 election for President, Congress,
the state legislature, and state and local ballot measures?
Extremely Likely to Vote-1
Very Likely to Vote -2
Somewhat Likely to Vote -3
Unlikely to Vote-4
T3. Do you approve or disapprove of the job the Town of Avon is doing providing
services to residents?
Strongly Approve;-1
Somewhat Approve;-2
Somewhat Disapprove;-3
Strongly Disapprove;-4
Unsure/No Opinion;-5
T4. Do you agree or disagree with the following statement? “The Town of Avon is
fiscally responsible and spends taxpayer money wisely.”
Strongly Agree;-1
Somewhat Agree;-2
Somewhat Disagree;-3
Strongly Disagree;-4
No Opinion;-5
Before we continue, it is important to understand that no decisions have been made by
the Town of Avon to put any ballot measures before voters for any purpose this November.
Your participation in this survey and sharing your honest opinions will influence those
decisions. Let’s continue…
Magellan ID#: COAVON-042224 Town of AVON 2024 Ballot Measure Voter Opinion Survey
Field Dates: TBD, Interview Goal: 300n, +/- 4.0% MoE
Magellan Strategies | 4800 Aspen Creek Dr. | Broomfield, CO 80023
www.MagellanStrategies.com | 303-861-8585
2
T5. The following is language for a potential ballot measure that would replace the
current 4% sales tax on construction materials with a 4% use tax. After reading it,
please indicate if you would vote yes and approve it or vote no and reject it.
4% USE TAX ON NEW CONSTRUCTION FOR COMMUNITY HOUSING
SHALL TOWN OF AVON TAXES BE INCREASED BY TWO MILLION
DOLLARS ($2,000,000) ANNUALLY IN 2025, AND BY WHATEVER
ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY
THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX FOR THE
PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY
CONSTRUCTION MATERIALS; AND SHALL SUCH USE TAX REVENUES
BE APPROPRIATED FOR COMMUNITY HOUSING; AND SHALL
CONSTRUCTION PROJECTS EQUAL TO OR LESS THAN $50,000 IN A
CALENDAR YEAR BE EXEMPT FROM PAYING THE USE TAX; ALL IN
ACCORDANCE WITH, AND FURTHER DEFINED BY, TOWN OF AVON
ORDINANCE NO. 24-00; AND SHALL THE REVENUES COLLECTED
FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF
SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER
APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS
WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20
OF THE COLORADO CONSTITUTION OR ANY OTHER LAW.
If an election were held today, would you vote yes and approve a 4% Use Tax on
construction materials, or would you vote no and reject it?
Definitely Vote Yes, Approve-1
Probably Vote Yes, Approve -2
Probably Vote No, Reject-3
Definitely Vote No, Reject-4
Undecided-5
Below is some information on why the Town of Avon is considering a ballot measure to
create a 4% use tax. After reading the information, please indicate if you are more likely to
vote yes and approve the creation of a 4.0% use tax or if you are more likely to vote no and
reject it. Let’s get started: [SAME ANSWERS FOR T6 THROUGH T13]
T6. The Town of Avon currently has a 4% sales tax on new construction materials. A
4% use tax would replace the current sales tax and is expected to collect
approximately 50% more compared to the existing sales tax on construction
materials for large projects. Knowing this, are you:
Much More Likely to Vote Yes and Approve the Ballot Measure;-1
Somewhat More Likely to Vote Yes and Approve the Ballot Measure;-2
Somewhat More Likely to Vote No and Reject the Ballot Measure;-3
Much More Likely to Vote No and Reject the Ballot Measure;-4
Unsure/No Opinion;-5
Magellan ID#: COAVON-042224 Town of AVON 2024 Ballot Measure Voter Opinion Survey
Field Dates: TBD, Interview Goal: 300n, +/- 4.0% MoE
Magellan Strategies | 4800 Aspen Creek Dr. | Broomfield, CO 80023
www.MagellanStrategies.com | 303-861-8585
3
T7. Other towns in Eagle County already have a similar use tax on construction
materials. Knowing this, are you:
T8. As you may know there have been several large projects recently built in Avon,
including: Frontgate, Piedmont Apartments, One Riverfront, and the Dual Brand
Hotel at the Post Blvd/I-70 interchange. Avon expects more large projects as the
Village (at Avon) and redevelopment in the Town core occurs. Knowing this, are
you:
T9. As you may know, there is a severe lack of workforce housing in Eagle County. The
Avon Town Council is exploring other potential revenue sources to supplement the
Town of Avon’s investment in Community Housing. The Town of Avon defines
Community Housing as housing for people that live and work in Eagle County at
all income levels. If the ballot measure were to pass, the revenues from the use
tax would go towards Community Housing. Knowing this, are you:
T10. The Town of Avon currently exempts Community Housing Projects from the
payment of taxes and fees to reduce the cost of developing Community Housing
and would exempt future Community Housing projects from paying the potential
use tax. Knowing this, are you:
T11. This ballot measure exempts construction projects up to $50,000 in a calendar
year so that the use tax does not apply to small home remodel projects. Knowing
this, are you:
T12. Thank you for reading more information about why the Town of Avon is
considering a ballot measure that would replace the Town’s current 4% sales tax
on construction materials with a 4% Use Tax. As a reminder the potential ballot
language is below, after reading the language again, please indicate if you would
vote yes and approve it or if you would vote no and reject it.
INSERT BALLOT LANGUAGE
If an election were held today, would you vote yes and approve a 4% Use Tax on
construction materials, or would you vote no and reject it?
Definitely Vote Yes, Approve-1
Probably Vote Yes, Approve -2
Probably Vote No, Reject-3
Definitely Vote No, Reject-4
Undecided-5
IF T12 = 1, 2 ASK T13
IF T12 = 3, 4 ASK T14
IF T12 = 5 ASK T15
T13. Please describe the reasons why you would vote yes and approve the ballot
measure to create a 4% use tax on construction materials.
Magellan ID#: COAVON-042224 Town of AVON 2024 Ballot Measure Voter Opinion Survey
Field Dates: TBD, Interview Goal: 300n, +/- 4.0% MoE
Magellan Strategies | 4800 Aspen Creek Dr. | Broomfield, CO 80023
www.MagellanStrategies.com | 303-861-8585
4
TEXT BOX, SKIP TO T15
T14. Please describe the reasons why you would vote no and reject the ballot measure
to create a 4% use tax on construction materials.
TEXT BOX
And now I have a few questions for statistical purposes only.
T15. Are you:
Male-1
Female-2
Identify Differently;-3
T16. Are you between the ages of:
18 to 34-1
35 to 44-2
45 to 54-3
55 to 64-4
65 or Older-5
T17. For statistical and weighting purposes only, are you registered to vote as an
Unaffiliated voter, a Democrat, a Republican, are you registered with another party.
Unaffiliated-1
Democrat-2
Republican-3
Other Party-4
T18. Do you have a 4-year college degree?
Yes;-1
No;-2
T19. What is your current housing situation?
Rent-1
Own-2
Other-3
Prefer Not to Say;-4
T20. Which race or ethnicity do you most identify with?
White;-1
Hispanic;-2
Black or African American;-3
Magellan ID#: COAVON-042224 Town of AVON 2024 Ballot Measure Voter Opinion Survey
Field Dates: TBD, Interview Goal: 300n, +/- 4.0% MoE
Magellan Strategies | 4800 Aspen Creek Dr. | Broomfield, CO 80023
www.MagellanStrategies.com | 303-861-8585
5
Asian or Asian American;-4
Other;-5
T21. Where do you live?
Buffalo Ridge
Piedmont
Eagle Bend Drive/Hurd Lane
Town Core
West Beaver Creek Boulevard
Nottingham Road/Metcalf Road
Wildridge/Wildwood/Mountain Star
Thank you for participating in this survey! We appreciate your input.
ATTACHMENT C
Use Tax Ballot Proposal - Implementation Timeline
SUBJECT TO CHANGES
6/7/2024
Page 1
Deliverables Staff Timeline Status
Finalize Postcard for Mailing and send to
Gypsum Printer for Mailing to Avon Voter
List
Eric & Liz June 3 – 7 Completed
Draft Town Council Report that includes
reviewing final Polling Questions for
Town Survey
Eric & Team Due packet
June 6
Completed
Outline Social Media & Marketing
Campaign including release of survey
and arranging for radio interview
Eric & Team June 3 – 7 Team currently discussing dates and
content.
Implement Social Marketing Campaign:
1) Postcards with general information
about use tax & Engage Avon
webpage link mailed to Avon Voter
List
2) Sponsored Content in Vail Daily
(voter survey) on several days thru
the summer
3) Radio Ads Begin (promoting use tax
survey)
4) Mobile Signs around town
5) Email to Business License List with
Use Tax Ballot Proposal Info
6) Radio Interview with Town Manager
Liz & Team June
July
August
Working with Magellan Strategies to
finalize polling questions and release date.
Identify platforms and stakeholders to
assist with educational and marketing
efforts (meet w/ VVP, etc.)
Voter Survey Deadline Magellan June 28 Last day to take the town survey (Magellan
Strategies).
Prepare Report to Finance Committee
with Polling Results and Resolution
Paul July 12 - 15 Finance Committee Meeting July 15
Review Polling Results with Town
Council
Eric & Team July 23 Town Council Meeting
Contact Eagle County Clerk about
Town’s participation in the Coordinated
Election and if there will be an Avon
Ballot Question
Patty &
Town Clerk
July 26 Confirm with Eagle County whether a ballot
measure will be considered.
ATTACHMENT C
Use Tax Ballot Proposal - Implementation Timeline
SUBJECT TO CHANGES
6/7/2024
Page 2
Town Council Consideration of
Ordinance for Ballot Measure
Team August 13 First reading of ordinance
Last Day to return IGA to Eagle County
Clerk for election participation
Town Clerk August 27 Requires Town Council Action
Town Council Consideration of
Ordinance for Ballot Measure
Team August 27 Second reading of ordinance
Certify Ballot Content to Eagle County
Clerk (if Ordinance is approved & with
names of municipal candidates)
Town Clerk Sept. 6 Must be submitted week of Sept. 2nd
Last Day to File Pro/Con Summary to
Eagle County Clerk
September. 20
Ballots Mailed by Eagle County Clerk October 11 Mail Use Tax Fact Sheet to Voter List
Election Day November 5
970.748.4001 mjauregui@avon.org 970.748.4021 pmckenny@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Miguel Jauregui Casanueva, Town Clerk and
Patty McKenny, Deputy Town Manager
RE: Ordinance 24-10 Amending Write-In Candidate Regulations
DATE: June 7, 2024
SUMMARY: This report provides information about an Avon Code Amendment addressing municipal elections
administered as a coordinated election with the Eagle County Clerk’s Office and as an uncoordinated recall election.
The Town Council is asked to consider changing the timeframe for filing an “affidavit of intent as a write-in candidate”
in both scenarios. Formal Council action would be required with two readings of an ordinance to make this change.
BACKGROUND: The Elections Division of the Eagle County Clerk and Recorder’s Office has requested the Town of
Avon adopt the same write-in candidate timeline of filing affidavits that the County observes to facilitate an orderly
coordinated election. This legislative action addresses the timeframe by adjusting the deadline date of the required
affidavit filing. There have been many municipal election code changes made over the years to accommodate the
transition for Municipal Clerks administering elections in a coordinated effort with County Clerks. During first reading
of the Ordinance in May 21st, 2024, Mayor Pro Tem Underwood directed staff to also include write-in candidate
regulations for recall elections.
ANALYSIS: The current Code states that no write-in vote for the office of Council Member shall be counted unless
an affidavit of intent has been filed with the Town Clerk by the person whose name is written in prior to five (5) days
before the day of the election indicating that such person desires the office and is qualified to assume the duties of
that office if elected. This timeline creates challenges with the “counting” of the Avon ballots by the Elections Division
as they are required to wait for this deadline before they can sort and begin counting Avon ballots. After discussion
between the Eagle County Clerk and the Town Clerk’s Office, it is suggested to amend the Avon Town Code
§2.28.010, by repealing and re-enacting language in its entirety. The Town Attorney provides the following
amendment to the Code to read:
“A person who wishes to be a write-in candidate for an office in an election shall file an affidavit of intent stating
that he or she desires the office and is qualified to assume its duties if elected. The affidavit of intent for a regular
or special Council vacancy election shall be filed by the close of business on the sixty-fourth day before the
election. If the election is to be coordinated by the county clerk and recorder, the designated election official shall
forward a copy of the affidavit of intent to the coordinated election official.”
It is noted that nominating deadlines were backed up a few years ago to accommodate the 55 days out coordinated
election deadline to certify local ballot content over to the county clerk, as well as the need to get ballots out early to
UOCAVA voters and finalize ballot counting. This ordinance also conforms the Avon Code to C.R.S. 31-10-306, in
the Municipal Election Code, which includes the “prior to” the 64th day affidavit deadline for write-in candidates.
After additional consultations between the Town Attorney and the Town Clerk’s Office, it is also recommended to
amend the Avon Town Code §2.29.030(b) to read:
“Nominations on recall. Anyone desiring to become a candidate at the recall election shall do so by nominating
petition as required in Article in accordance with Chapter III of the Charter. The deadline for filing a nominating
petition for a recall election shall be as established by ordinance of the Council. A person who wishes to be a
write-in candidate in a recall election shall file an affidavit of intent stating that he or she desires the office and is
qualified to assume its duties if elected. The affidavit of intent must be filed by the deadline for filing nominating
petitions established by Council pursuant to this subsection. If more than one (1) officer is sought to be recalled,
then the nominating petition must specify which incumbent officer affected by the recall the candidate seeks to
succeed. The name of the person against whom the recall petition was filed shall not appear on the ballot as a
candidate for that office.”
Page 2 of 2
FINANCIAL CONSIDERATIONS: There is no financial impact to making this adjustment to the election process as it
is really an effort to support the Eagle County Clerk’s Office in finalizing the ballot count efficiently.
RECOMMENDATION: The Town Clerk recommends adopting these changes into the Avon Municipal Code.
PROPOSED MOTION: “I move to approve the Second Reading of Ordinance 24-10 Amending the Electoral Code of
the Town of Avon’s Write-In Candidate Regulations”.
Thank you, Miguel & Patty
ATTACHMENT A: Ordinance 24-10 Amending the Electoral Code of the
Town of Avon’s Write-In Candidate Regulations
Ord 24-10 Amending Write-In Candidate Regulations
Page 1 of 4
ATTACHMENT A
ORDINANCE NO. 24-10
AMENDING THE ELECTORAL CODE OF THE TOWN OF AVON’S
WRITE-IN CANDIDATE REGULATIONS
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 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, Avon Town Code §2.28.010 sets forth that “no write-in vote for the office of
Council Member shall be counted unless an affidavit of intent has been filed with the Town
Clerk by the person whose name is written in prior to five (5) days before the day of the election
indicating that such person desires the office and is qualified to assume the duties of that office if
elected”; and
WHEREAS, the Avon Town Clerk has had a standing practice of collaborating with the
Elections Division of the Eagle County Clerk and Recorder’s office on providing voter services
and accurately administering coordinated elections; and
WHEREAS, Colorado Revised Statute §1-4-1101 establishes that “A person who wishes to be a
write-in candidate for an office in an election shall file an affidavit of intent stating that he or she
desires the office and is qualified to assume its duties if elected.” and Colorado Revised Statute
§1-4-1102(1) establishes that “Time of filing affidavit: (1) Except as provided in subsection (2)
of this section, the affidavit of intent shall be filed by the close of business on the sixty-seventh
day before a primary election and by the close of business on the one hundred tenth day before
any other election. (2) In a nonpartisan election, the affidavit of intent shall be filed by the close
of business on the sixty-fourth day before the election. If the election is to be coordinated by the
county clerk and recorder, the designated election official shall forward a copy of the affidavit of
intent to the coordinated election official.”; and
WHEREAS, the Elections Division of the Eagle County Clerk and Recorder’s has requested that
the Town of Avon adopt the same write-in candidate timeline of filing affidavits that the County
observes to facilitate an orderly coordinated election; and
WHEREAS, the Town Council finds that an orderly coordinated election will promote the
health, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
Ord 24-10 Amending Write-In Candidate Regulations
Page 2 of 4
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Repeal and Reenact. Avon Town Code §2.28.010 is repealed and re-enacted in
its entirety to read: A person who wishes to be a write-in candidate for an office in an election
shall file an affidavit of intent stating that he or she desires the office and is qualified to assume
its duties if elected. The affidavit of intent for a regular or special Council vacancy shall be filed
by the close of business on the sixty-fourth day before the election. If the election is to be
coordinated by the county clerk and recorder, the designated election official shall forward a
copy of the affidavit of intent to the coordinated election official.
Section 3. Amendment. Avon Town Code §2.29.030(b) is amended in its entirety to read:
Nominations on recall. Anyone desiring to become a candidate at the recall election shall do so
by nominating petition as required in Article in accordance with Chapter III of the Charter. The
deadline for filing a nominating petition for a recall election shall be as established by ordinance
of the Council. A person who wishes to be a write-in candidate in a recall election shall file an
affidavit of intent stating that he or she desires the office and is qualified to assume its duties if
elected. The affidavit of intent must be filed by the deadline for filing nominating petitions
established by Council pursuant to this subsection. If more than one (1) officer is sought to be
recalled, then the nominating petition must specify which incumbent officer affected by the
recall the candidate seeks to succeed. The name of the person against whom the recall petition
was filed shall not appear on the ballot as a candidate for that office.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Ord 24-10 Amending Write-In Candidate Regulations
Page 3 of 4
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. 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 8. 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 9. 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 May 28, 2024 and setting such public hearing for
June 11, 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 24-10 Amending Write-In Candidate Regulations
Page 4 of 4
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on June 11,
2024.
BY: ATTEST:
____________________________ ___________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
___________________________________
Nina Williams, Interim Town Attorney
1
TO: Honorable Mayor Phillips and Council Members
FROM: Chase Simmons, Financial Analyst
RE: Real Estate Transfer Tax Exemption Increases
DATE: June 11, 2024
SUMMARY: This report was originally presented at the May 14, 2024 Council meeting and provides
Council information on the Town’s Real Estate Transfer Tax (“RETT”) Exemption for Primary Residences
along with options for revising to increase the exemption. The Primary Residence Exemptions are set forth
in Avon Municipal Code (“AMC”) sections 3.12.060.(17), (18) and (19). Since the last revisions to the
Primary Residence RETT Exemptions, real estate prices have increased dramatically. Council provided
direction to Staff to prepare options for Council consideration. Staff presents the following revisions to
increase the RETT exemption for primary residence purchasers.
1. Increase Section (17) and (18) exemptions from $160,000 to $320,000. This equates to a
maximum tax exemption increase from $3,200 to $6,400.
2. Increase Section (19) exemption from $240,000 to $500,000. This equates to a maximum tax
exemption increase from $4,800 to $10,000.
3. Increase the maximum sales price qualifying for a Section (19) exemption from $700,000 to
$1,200,000.
BACKGROUND: Council previously adopted AMC Section 3.12.060(15) in 2002 by Ordinance No. 02-14,
which provided a one-time exemption of $160,000 for the first purchase of a primary residence in Avon.
Then Council adopted AMC Section 3.12.060(16) in 2007 by Ordinance No. 07-17 to allow an exemption
for primary residence for subsequent purchases in Avon with the limitation that this subsequent exemption
was only available to a person who met the definition of an “Eagle County Employee”. This change was
intended to support working full-time residents who currently owned a primary residence in Avon but
desired to purchase a larger residence to reflect residential needs and preferences during various life
stages. In 2019, Council adopted AMC Section 3.12.060(19) by Ordinance 19-05 establishing a third
primary residence exemption in the amount of $240,000. Ordinance 19-05 also renumbered the Primary
Residence Exemptions to (17), (18) and (19). The section (19) exemption requires the purchaser to commit
to using the property as a primary residence for three years, as opposed to the one year primary residence
requirement for Section (17) and (18) exemptions. Section (19) also caps the purchase price of the home at
$700,000. Since 2018, the Town has approved 190 primary residence exemptions. However, this number
is trending down on a year over year basis. [2018 = 54; 2019=46; 2020=22; 2021=33; 2022=25; 2023=10].
Only 11 of the approved exemptions elected the Section (19) exemption since it was adopted in 2019.
Section 3.12.020 – Definitions of the Real Property Transfer Tax Chapter defines Eagle County
Employee and Primary Residence as follows:
Eagle County employee means an employee working in Eagle County who works an average of at least
thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and
earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a
minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an
annual basis.
Primary residence means the occupation and use of a residence as the primary residence, which shall be
determined by the Town Manager by taking into account the following circumstances: voter registration in
Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place);
2
stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle
registration; ownership or use of other residences not situated in Avon, Colorado; and stated residence for
income and tax purposes. Occupation and use of a residence as a primary residence must occur within
thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of
an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's
discretion and provided that such extension request is included with the applicant's application for
exemption.
TABOR IMPLICATIONS: The Tax Payor Bill of Rights (TABOR) amended the Colorado Constitution in
1992 and prohibited any new or increased real estate transfer tax. Any increase of the primary residence
exemption would become permanent and could not be repealed or diminished by Council at a later date. It
is possible to draft an increased exemption for primary residences as a “temporary tax credit”; however,
that would make the wording even more complicated and is not suggested.
FINANCIAL CONSIDERATIONS: The RETT has generated an average of $6.45 million annually since
2020. In 2023, RETT revenue and tax exemption were $6.53 million and $33,600, respectively. The
proposed revisions would have decreased revenue by $34,000 or 0.5% over that period.
$170,052
$144,337
$81,200
$108,650
$80,300
$33,600
$340,104
$288,674
$166,000
$218,100
$161,000
$67,600
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2018 2019 2020 2021 2022 2023
Actual vs Proposed Primary RETT Exemption
Actual Exemption Amount Proposed Exemption Amount
3
RECOMMENDED MOTION: “I move to approve First Reading of Ordinance 24-11, to amend Chapter
3.12.060.(17), (18), and (19) of the Town’s Municipal Code to increase the Primary Residence
Exemptions.”
ATTACHMENT A: Ordinance No. 24-11
Thank you,
Chase
$2,957,996
$4,998,293
$5,976,990
$7,348,714
$5,943,400
$6,529,287
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
2018 2019 2020 2021 2022 2023
Total RETT Revenue
Ord. 24-11
June 11, 2024
Page 1 of 5
TOWN OF AVON, COLORADO
ORDINANCE NO. 24-11
AMENDING CHAPTER 3.12.060 REAL PROPERTY TRANSFER TAX
TO INCREASE THE PRIMARY RESIDENCE EXEMPTION
WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political subdivision of the State
of Colorado (“State”) organized and existing under a home rule charter (“Charter”) pursuant to Article XX of the
Constitution of the State; and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town,
the Town 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, Town Council adopted the Town of Avon Community Housing Plan on December 13, 2018, which
included a policy to “formalize a fee waiver/reimbursement process” and which included an Appendix A: Avon
Community Housing Plan – Work Plan that contemplated formalizing a Fee Waiver Program; and
WHEREAS, the Town Council finds that amendments to the Avon Municipal Code will promote the health, safety
and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires
to comply 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 Ordinance and that approval of this Ordinance
on First Reading does not constitute a representation that the Town Council, or any member of the Town Council,
supports, approves, rejects, or denies this Ordinance.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and
adopted as findings and determinations of the Town Council.
Section 2. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon Municipal Code is
hereby amended to enact a new Section 3.12.060(17) to read as follows:
“3.12.060 (17) The first three hundred and twenty thousand dollars ($320,000.00) of the consideration for any
sale or conveyance of real property and completed improvements for occupancy as a primary residence,
provided the following conditions are met:
a. The same applicant has not previously received an exemption pursuant to this subsection;
b. An application for exemption is filed with the Town Manager or his or her designee, which application
is accompanied by:
ATTACHMENT A
Ord. 24-11
June 11, 2024
Page 2 of 5
1. An affidavit that the real property is being purchased for use as a primary residence and not for
investment or resale (provided that a co-signor shall not disqualify the exemption for the applicant
where the co-signor is signing for the sole purpose of facilitating the financing qualifications of
the applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for
investment or resale purposes); and
2.A promissory note in the amount of the tax otherwise owing, together with interest accruing at
the rate hereinafter provided, providing that the tax and the promissory note including accrued
interest shall be due and payable in full in the event the applicant shall fail to occupy and use the
property as a primary residence within the timeframe established under the definition of primary
residence found in Section 3.12.020 or shall cease to use the property as his or her primary
residence within one (1) year after closing and granting to the Town a lien securing such
indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record.
c. The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not
reduce any portion of the transfer tax that the seller agrees to pay in the transaction.
Section 3. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon Municipal Code is
hereby amended to enact a new Section 3.12.060(18) to read as follows:
“3.12.060 (18) The three hundred and twenty thousand dollars ($320,000.00) of the consideration for any sale
or conveyance of real property and completed improvements for occupancy as a primary residence, provided
that the following conditions are met:
a. The applicant previously received a primary residence exemption pursuant to Section 3.12.060(17)
and the applicant has satisfied the conditions of subsection (17)b.1. and 2. of Section 3.12.060; and
b. An application for exemption is filed with the Town Manager or his or her designee, which application
is accompanied by:
1. An affidavit that the applicant's current primary residence used to satisfy the requirements of
Section 3.12.060(17) is within the Town; that the applicant meets the definition of an Eagle
County employee; that the real property is being purchased for use as a new primary residence
and not for investment or resale (provided that a co-signor shall not disqualify the exemption for
the applicant where the co-signor is signing for the sole purpose of facilitating the financing
qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not a
co-purchaser for investment or resale purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest accruing at
the rate hereinafter provided, providing that the tax and the promissory note including accrued
interest shall be due and payable in full in the event that the applicant shall fail to occupy and use
the property as a primary residence within the timeframe established under the definition of
primary residence found in Section 3.12.020 or shall cease to use the property as his or her
primary residence or shall cease to meet the definition of an Eagle County employee within one
(1)year after closing and granting to the Town a lien securing such indebtedness, which lien shall
be subordinate to any first mortgage or deed of trust of record; and
c. The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not
reduce any portion of the transfer tax that the seller agrees to pay in the transaction.
Section 4. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon Municipal Code is
Ord. 24-11
June 11, 2024
Page 3 of 5
hereby amended to enact a new Section 3.12.060(19) to read as follows:
“3.12.060 (19) In the alternative to the exemption in sub-sections (17) and (18) of this Section 3.12.060,
a buyer may exempt FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)] of the consideration paid
for any sale or conveyance of residence for occupancy as a primary residence (including both the first
purchase in Avon and subsequent purchases), provided the following conditions are met:
a.The total consideration paid for the residence does not exceed ONE MILLION TWO HUNDRED
THOUSAND DOLLARS [$1,200,000.00];
b.The residence is used and occupied by the buyer as primary residence for a period of three (3)
years or until sold by buyer, whichever occurs first;
c.The exemption applies only to the portion of the transfer tax actually paid by the buyer and will
not reduce any portion of the transfer tax that the seller agrees to pay in the transaction;
d.An application for exemption is filed with the Finance Department, which application is
accompanied by:
1.Verification that the total consideration paid for the residence in the conveyance does not
exceed ONE MILLION TWO HUNDRED THOUSAND DOLLARS [$1,200,000.00];
2.An affidavit that the real property is being purchased for use as a primary residence and not
for investment or resale (provided that a co-signor shall not disqualify the exemption for the
applicant where the co-signor is signing for the sole purpose of facilitating the financing
qualifications of the buyer and signs an affidavit that the co-signor is not a co-purchaser for
investment or resale purposes);
3.A promissory note with the following minimum provisions:
i.The promissory note shall be in the amount of the total exempted tax otherwise owing
together with interest at the rate of one and one-half percent (1½%) per month
(eighteen percent [18%] per annum, compounded annually); and,
ii.The promissory note shall state that the exempted tax and accrued interest shall be
due and payable in full in the event that the buyer:
A.shall fail to occupy and use the property as a primary residence within the
timeframe established for initial occupancy under the definition of primary
residence found in Section 3.12.020; or
B.shall cease to use the property as the buyer’s primary residence at any time
after establishing initial occupancy until the three (3) year period after
conveyance or sale of the residence, whichever is sooner.
4.A lien granted to Town securing such indebtedness, which lien shall be subordinate to any
first mortgage or deed of trust of record, and which lien shall be released if the residence
has been occupied and used by the buyer in compliance with this sub-section (19) for a
period of three years after conveyance or until sale of the residence, whichever is sooner;
and,
Ord. 24-11
June 11, 2024
Page 4 of 5
5.Verification of the amount of the real estate transfer tax actually paid by buyer, or the portion
of the real estate transfer tax that buyer is responsible to pay, in the closing statement or
other written document signed by buyer and seller.”
Section 5. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing,
is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the
provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the
correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling,
reference, citation, enumeration, and grammatical errors.
Section 6. Interpretation. This Ordinance shall be interpreted and applied to comply in all respects with Article
X, Section 20, of the Colorado Constitution, in its application to any person or circumstance and no part of this
Ordinance shall be interpreted or applied to constitute a tax policy change that would require voter approval.
Section 7. Non-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 or held to be in conflict with Article X, Section 20, of the
Colorado Constitution, such invalidity or conflict shall invalidate this Ordinance in its entirety. The Town Council hereby
declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions
might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any
part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes
an application of an ordinance or any part thereof, whether considered or construed alone or together with another
ordinance or ordinances, or part thereof, of the Town.
Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 9. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is
promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and
welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection
of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation
to the proper legislative object sought to be obtained.
Section 10. 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 11. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16
of the Avon Municipal Code.
Ord. 24-11
June 11, 2024
Page 5 of 5
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 9, 2024 and
setting such public hearing for June 11, 2024 at the Council Chambers of the Avon Town Hall, located at 100 Mikaela
Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING on July 9, 2024.
BY: ATTEST:
____________________________ ____________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
(970) 748-4413 matt@avon.org
TO: Honorable Mayor Amy Phillips and Council Members FROM: Matt Pielsticker, AICP, Community Development Director
RE: Sun Road and East Town Center Subarea Master Plans
DATE: June 5, 2024
SUMMARY: A work session will take place to review background and initial redevelopment framework plans for
the Sun Road and East Town Center subareas. No action by the Avon Town Council is requested or necessary
at this stage in the planning process. The outcome of this process will be draft subarea master plans, public
hearings, and plan adoption process. Draft subarea plans are expected to be complete in July. The Downtown
Development Authority (“DDA”) has taken the lead with plan development. Avon’s Planning and Zoning
Commission (“PZC”) reviewed these initial concepts in a joint meeting with the DDA. After draft plans are
completed, the public hearing process will commence.
2024 GOAL: One of Community Development’s 2024 stated goals is:
‘Sun Road & East Avon Redevelopment Plan: Complete long range sub area plan for redevelopment of
four properties and Sun Road and East Town Center.’
BACKGROUND: Creating subarea, or “district” master plans, is a common approach for long-range
planning a defined geographic area that contains multiple properties. The development and adoption of a
subarea plan follows the same process as the Town’s overarching Town of Avon Comprehensive Plan.
Page 2 of 4
In fact, adoption of a new subarea plan by Council will become part of the Town of Avon Comprehensive
Plan by definition. The plans become a guiding document, outlining a vision for potential redevelopment
scenarios. Subarea master plans communicate a vision to our policy makers (PZC and Council), as well as
staff members, investors, and the public.
Typical components of subarea plans include but are not limited to preferred land uses, building form and
orientation, unique features and design considerations, parcel adjustments, road (re)alignments, and open
space provisions.
In 2007, the East Town Center (“ETC”) District plan was adopted. The ETC Plan envisions roadway
realignments, mixed-use development, a central public square, and redevelopment of several parcels. While no
redevelopment has taken place since the plan’s adoption, there are elements from this plan that are still relevant
and being carried forward with the new subarea plan. The Sun Road subarea has never been identified formally
for redevelopment potential until this planning effort.
PROCESS TO DATE: The Town contracted with DTJ Design at the end of 2023. DTJ is a planning and
architectural firm who is well-versed with public and private redevelopment and planning to assist with the creation
of subarea plans. The DDA was identified as the primary stakeholder group to development initial concepts. So
far, this process has included:
February 5, 2024 DDA | Visioning
April 1, 2024 DDA | Summary of Visioning and Initial concept review
April 22, 2024 DDA/PZC | Work Session
May 15, 2024 DDA | Work Session
PROJECT GOALS: Before the first meeting with the DDA, the following goals for the project were established by
Staff::
Primary Goals:
1. Maximize the amount of Community Housing in both redevelopment sub-areas with a strong
goal that a minimum of 50% of residential development in these sub-areas are Community
Housing.
2. Describe and depict a road realignment for East Town Center that creates a “main street
boulevard” between Roundabout 4 and the Chapel Place road access to Village (at Avon)
Planning Area A, which includes bike lanes, on-street parking, general pedestrian sidewalks
that support street level restaurants and retail, convenient transit stops, attractive
landscaping and opportunities for public art, and which best serves the future traffic
demands generated by redevelopment of East Avon Town Center and by full build-out of the
Village (at Avon) Planning Areas A, B, C, D, E, and F.
3. Determine the capacity, location and optimum traffic access for the Avon branch of the
United States Post Office, which may include one centralized facility or potential branch
facilities.
4. Recognize the potential impacts of redevelopment on existing businesses, including but not
limited to displacement, disruption and relocation of business operations, and identify
Page 3 of 4
strategies to minimize negative impacts to existing Avon businesses who may be affected
by redevelopment.
Secondary Goals:
5. Analyze existing zoning and identify any changes or improvements to existing zoning to
facilitate redevelopment.
6. Explore concepts to develop public parking structures to serve customers of commercial
uses within the sub-areas to reduce the parking burden of future commercial uses and to
provide more convenient parking opportunities for commercial patrons.
7. Identify options for financial support and partnerships to incentivize redevelopment,
including but not limited to the Avon DDA.
8. Develop clear graphics and metrics that articulate the vision for both subareas.
9. Emphasize safe pedestrian access to and through subareas.
10. Emphasize the integration of efficient and convenient transit to serve the subareas.
11. Articulate best urban design principles which incorporate ground level activation with
convenient and comfortable residential development above.
12. Integrate attractive public plaza or pocket park spaces which enhance the attractiveness
and livability of the sub-area where possible.
13. Encourage a mix of interesting secondary streets, alleys and pedestrian areas to
compliment the main street boulevard for the East Town Center sub-area.
CURRENT FRAMEWORK CONCEPTS: Three framework concepts were produced for Sun Road, and two
were produced for East Town Center. After further review by DDA and PZC, the concepts were refined further.
The current framework concepts are summarized below:
Sun Road
• Elimination, or significant
Reformatting, of Sun Road Right-of-Way
• 4-6 Story Massing
• Pedestrian Connections
• Vertically mixed-use Multi-Family
Community Housing
• Shared Use Parking Structure
• Ground Level Commercial with at least
same Sq. Ft. as existing
• Civic Green Space
Page 4 of 4
East Town Center
• Main Street with on-street parking
• Large increase in residential in
Mixed-use developments
• Ground floor Commercial
• Wide sidewalks
• Gateway/Placemaking including
central plaza
• Shared parking facilities
Thank you, Matt
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Eric Heil, Town Manager
RE: East Nottingham Park Project
DATE: June 7, 2024
SUMMARY: This report provides an update on the East Nottingham Park project to construct restrooms,
plaza, and skate park. Most impactful to this project is that we learned at the end of April that the Colorado
Health Foundation reversed its approval of grant funding for the skate park and notified the Avon Skate
Coalition that would not providing any funding for the skate park portion of the project. We understand that
there was a change in the board of directors and change in funding direction such that the Colorado Health
Foundation is not funding capital improvement projects at this time.
Zehren is proceeding with all other aspects of the project, including the restrooms and plaza, site work and
utility relocation, reconstruction of the seating wall, and reconfiguration of the park area. The Town is
actively exploring alternative grant funding.
The direction for design and bidding at this time is to leave the footprint of the skate park area in its current
condition while the town explores alternate grant funding. Options on how to proceed are presented below
in this report.
PROJECT COMPONENTS: There are three components to this East Nottingham Park Project, including
(1) bids for modular restrooms; (2) construction of site work, utilities, plaza, seating wall, landscaping,
drainage, exterior siding for the restrooms and installation of a rain canopy over a portion of the plaza, and
(3) construction of the skate park. The rough estimate for items (1) and (2) is $2M and the estimate for the
skate park is $1.6M.
We discussed internally with Zehren Associates how to leave the footprint area for the skate park. The
area can be rough graded and reseeded for the least cost which will not require additional design, irrigation,
or removal/import of soils. Improving the site to install sod would require additional grading, import of
suitable soils, and irrigation. This work would then be demolished and removed when the Town proceeds
with construction of a skate park.
GRANT FUNDING FOR SKATE PARK: Efforts to identify and apply for grant funding are described below.
It is expected that the timeframes to apply for alternative grant funding will require a year or more, with the
consequence that funding for construction of the skate plaza would be available in 2026 or 2027 in the best
case scenario. I also expect that grant funding for the skate park construction is unlikely to amount to
100% of the cost.
Efforts spearheaded by Town of Avon (with support from Amy Lewis, Avon Skate Coalition):
Great Outdoors Colorado (“GOCO”): GOCO’s policy is wait until an existing project with GOCO
grant funding is completed before considering an additional funding award. Avon was awarded grant
funding for the Eaglebend Park, therefore Avon may be required to wait until early to mid-2025 before
submitting a grant application to GOCO. Potential grant funding through GOCO could be in the $500K
to $750K range.
Department of Local Affairs (“DOLA”) Energy Impact Assistance Grant Funding: Avon has
already received a $1,000,000 grant from DOLA. DOLA may consider awarding additional funding to
Page 2 of 3
complete a project if there is a demonstration of financial need. We believe the earliest that we could
submit for additional funding would be the fall cycle after we have received bids and pricing for the
project and commence construction. I updated our DOLA representative that we are proceeding with
the portions of the project that are funded, that is the Project Components (1) and (2), and that we are
seeking alternate grant funding for the skate park portion of the project. This approach does not affect
the current award of $1M from DOLA. Potential grant funding through GOCO could be in the $500K to
$750K range.
Efforts spearheaded by Amy Lewis, Avon Skate Coalition:
Skatepark Project (Tony Hawk Foundation): Submitted $25,000 (max amt.) request Mar 3. Waiting
for response
Gates Family Foundation: Submitted $30,000 (max amt.) request Mar 15. Site visit with grantor April
25. Awards in June
El Pomar: Submitted $100,000 (max amt.) request Mar 26. Board review July 26. Award
notifications July 29
Epic Promise: Submitted May 30 for in-kind fundraising support (raffle/silent auction) for GoFundMe
local fundraising effort. Raffle prizes for Avon LIVE booth donations and Avon Rec Center fitness
challenge idea.
March 2025 winter/spring fundraising event with silent auction ASC Fundraising (GoFundMe): $535
raised toward goal of $80,000.
SCHEDULE FOR DESIGN AND BIDS:
Modular Restroom Request for Qualifications (RFQ) Solicitation:
• Opened on: May 22
• Closes on: June 17
• Shortlist: June 18
• Interviews: June 20
• Notice to Proceed: Tuesday, July 9 (tentative)
Site and Infrastructure Construction Document Set for Invitation to Bid:
• Check Set: June 5
• Bid Start Date: June 21*
• Bid Closing Date: July 19
• Bid Evaluation & Interviews: Monday, July 22 to Friday, August 2
• Notice to proceed tentatively: Tuesday, August 13 (tentative)
* Pre Construction General Contractor needs about 1.5 weeks to pull together a cost estimate (tomorrow
through June 14)
Page 3 of 3
SCOPE OF WORK & FEE UTILIZATION: The design fee for the site work and modular restorms is
$196,500. $56,381.50 of $196,500, or 28.7% of the overall fee, was spent through April 30. This includes
New Line Skate Parks through Design Development who invoiced $17,500 of $25,000 through end of April.
We anticipate that approximately 55 to 60% fee will be charged at end of May, due to the big push with all
consultants.
OPTIONS: The following options are presented for Council consideration:
1. Proceed with the funded components of the Project and diligently pursue grant funding for the Skate
Park.
2. Proceed with the entire Project and fund the short fall for the Skate Park out of the Town’s Capital
Improvements Fund. [NOTE: A variation of this approach would be to proceed with the skate park
construction but remove the bowl feature, would reduce the cost by $200K to $300K]
3. Option 1 with the variation that sod is installed in the skate park footprint area.
4. Proceed with Components 1 and 2, abandon the skate park and revert to the park design, which
included primarily sod, a path, trees and picnic tables. Additional design work would be required to
expand the prior design further to the east (i.e. to the sidewalk on Lake St.). Verification with DOLA
on the impact of their $1M grant award is required with this Option.
RECOMMENDATION: I recommend that the Town proceed with Option 1 and then re-evaluate the Project
in late 2024 when we have a better idea of potential grant funding that may be possible to defray the cost of
the skate park. This would represent a good faith effort by the Town to pursue the project as presented to
DOLA and has a reasonable chance of securing grant funds that would justify the extra time and effort.
REQUESTED DIRECTION: Council direction is requested to confirm the approach we are pursuing, i.e.
Option 1, or to provide alternate direction.
Thank you, Eric
970-748-4113 jshoun@avon.org
TO: Honorable Mayor Amy Phillips and Council Members FROM: Jim Shoun, Mobility Manager
RE: CDOT Bus Lift Grant IGA
DATE: June 3, 2024
SUMMARY: A State of Colorado Grant is presented to council. Town Council is asked to
authorize Town Manager, Eric Heil, to sign this Inter-governmental Agreement (IGA) between the
Town of Avon and the Colorado Department of Transportation (CDOT) for replacing two bus lifts
in Avon’s fleet department. The total project cost is $320,000.00. The grant and IGA will provide
$256,000.00 (80%) in funding from CDOT. Avon will provide local funds of $64,000.00 (20%).
This is a standard CDOT contract and no changes can be made by the Town of Avon.
BACKGROUND: The Town of Avon’s Fleet building was built in 1999 and the bus lifts are
original to the building. Fleet is replacing 2 lifts with these funds
• Wash Bay Scissor Lift:
o This lift allows mechanics to raise a bus in the wash bay in order to
examine and clean the bottom of the buses and other heavy equipment.
It has not been operational for at least 7 years. The cost for this lift,
including installation and freight is $270,000.00.
• Mobile Column Lift:
o This is a set of 4 lifts that work in tandem and will replace the current out of
useful life system currently in place. They are portable, meaning that mechanics
can move them around the shop floor to any bay. They are wireless, battery
powered and together can lift up to a 56,000 pound vehicle. The cost for these
lifts, including freight is $50,000.00.
This grant was applied for and awarded in 2023 and the funding is in the current 2024 budget.
PROPOSED MOTION: “I move to approve the Intergovernmental Agreement
between Colorado Department of Transprtation and Town of Avon, and authorize
Town Manager, Eric Heil to sign the contract”
Thank you, Jim
ATTACHMENT A: Visual of new lifts
ATTACHMENT A: VISUAL OF LIFTS
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager
RE: Town Manager Employment Agreement
DATE: 6.6.24
SUMMARY: Town Council conducted my annual performance review in May this spring. Compensation
adjustments are presented as following the Town of Avon Employee Policies for all employees. The Town
conducts a biennial review of salary ranges to remain competitive with our peer communities. When new
salary ranges are adopted there is an automatic adjustment of salaries in accordance with the Town’s
Employee Policies. Every year merit increases are determined by the end of the year and then effective for
the first payroll in the new year.
SALARY CHANGES: The Town Manager’s base salary under the current Employment Agreement is
$229,000.
Council provided direction to award a 3% base salary increase in consideration of salaries and total
compensation for town managers in peer communities, effective in the first pay roll for July. A 3% increase
will raise the base salary to $236,700 (the Town’s policy is to round salaries up to one hundred dollar
increments).
Council provided direction to award merit increase of 4% of base salary effective for the first payroll in the
new year. A 4% increase will raise the base salary to $246,200.
OUTSIDE EMPLOYMENT: I proposed to Council the opportunity to teach one political science class at
Colorado Mountain College next year. These classes include State and Local Government in the fall and
Current Political Issues in the spring. Council expressed willingness to allow teaching these courses with
the condition that this outside employment would be reviewed as part of the 2025 annual performance
review to determine if this outside commitment negatively impacted or interfered with my full-time
commitment to the Town of Avon.
The attached revised Employment Agreement includes these revisions and is presented to Council for
adoption on the Consent Agenda.
Thank you, Eric
ATTACHMENT A: Revised Town Manager Employment Agreement
Town Manager Employment Agreement June 27, 202311, 2024 Page 1 of 16
TOWN OF AVON
TOWN MANAGER AMENDED AND RESTATED EMPLOYMENT
AGREEMENT
THIS TOWN MANAGER AMENDED AND RESTATED EMPLOYMENT AGREEMENT
(the “Agreement”) is originally effective April 9, 2019 and amended and restated as of June 27,
2023 11, 2024 by and between Eric J. Heil, (the “Manager”) and the Town of Avon, Colorado
(the “Town”), a Home Rule municipality in the State of Colorado (individually, a “Party” and
collectively, the “Parties”), and is made to set forth the terms and conditions of Manager’s
employment with the Town.
WHEREAS, this Agreement shall replace and supersede the prior Agreement, dated April 9, 2019
and all other prior agreements regarding employment prior to this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and payments herein contained,
the Parties agree to the following terms and conditions:
1.0 EMPLOYMENT. Manager is employed as Town Manager of the Town for an indefinite
period as an at-will employee, subject to: the terms and conditions of this Agreement; the Town of
Avon Employee Policies, effective June 22, 2023 and the Avon Home Rule Charter, as each and
all may be amended from time to time.
2.0 DUTIES. Manager is employed as Town Manager in a full-time capacity, with such duties
and functions as are specified in the Town of Avon Home Rule Charter, as may be specified by
ordinance or in the Avon Municipal Code, and as may be directed by the Town Council.
3.0 COMPENSATION.
3.1 BASE SALARY. The Town agrees to pay Manager a base annual salary (“Base
Salary”) of TWO HUNDRED TWELVETHIRTY SIX THOUSAND SEVEN
HUNDRED DOLLARS ($212236,700.00), which shall be paid on and from MayJuly 1,
20232024, through December 31, 20232024, and then shall be increased to TWO
HUNDRED TWENTY NINEFORTY SIX THOUSAND EIGHTTWO HUNDRED
DOLLARS ($229,800246,200.00) on January 1, 20242025. Payment of the Base Salary
under this Agreement shall be made in equal installments on a biweekly basis during the
term of this Agreement. The Base Salary shall be prorated for any calendar year in which
the Manager is employed for fewer than 12 months.
3.2 AUTOMOBILE ALLOWANCE. Manager shall receive FIVE HUNDRED
SEVENTY-FIVE DOLLARS ($575.00) per month, effective July 1, 2023, as additional,
taxable compensation in return for his use of his own, owned automobile in conducting
ATTACHMENT A: 2024 Heil Employment Agreement COMPARISON
Town Manager Employment Agreement June 27, 202311, 2024 Page 2 of 16
Town business, which shall be paid on and from July 1, 2023. The Manager shall be
expected to use his personal vehicle for travel to and from business meetings and on trips
related to performance of Town Manager duties. The Manager shall, therefore, not be
eligible for mileage reimbursement.
3.3 HOUSING ALLOWANCE. Manager shall receive ONE THOUSAND FIVE
HUNDRED DOLLARS ($1,500.00) per month, effective July 1, 2023, as additional,
taxable compensation to defray the costs of maintaining a primary residence in Avon,
Colorado.
3.4 RETIREMENT. Beginning on the Commencement Date, the Town shall
contribute an amount into the Town of Avon Public Employees Money Purchase Pension
Plan (the “401(a) Plan”) equal to that amount the Manager defers into the 401(a) Plan. As
of the Commencement Date, that amount is eleven percent (11%) of the Manager’s Base
Salary. The Town’s matching contribution shall be paid into the 401(a) Plan in biweekly
installments. In addition to the 401(a) Plan, the Manager shall be eligible to participate in
the Town’s Section 457 Deferred Compensation Retirement Plan in accordance with the
terms and conditions of that plan, and to the extent that the Town maintains that plan.
3.5 INSURANCE BENEFITS. The Town shall provide and pay that portion of the
premiums for health, dental, vision, and term life insurance for Manager and his dependents
that it pays on behalf of other full-time employees of the Town in accordance with Town
of Avon Compensation & Benefits Programs, effective January 1, 2016, as may be
amended from time to time (the “Insurance Benefits”).
3.6 PAID TIME OFF. The Manager shall be entitled to paid time off (“Paid Time
Off”) at the rate of an employee with ten (10) years of employment with the Town as of
commencing on October 1, 2020.
3.7 BONUS. Manager shall receive a one-time bonus in the amount of $1,800.00
which was provided to full-time Avon employees in December, 2022. Manager shall
receive a one-time increase of Personal Time Off in the amount of 60 hours in recognition
of work performed on the Eagle Valley Transportation Authority.
3.8 OTHER BENEFITS. Manager shall be entitled to participate in any other benefits
that are provided by the Town to other full-time, executive employees in accordance with
the applicable participation requirements.
3.9 COMPENSATION ADJUSTMENT. The Compensation of the Manager may be
adjusted based upon the Manager’s annual performance evaluation, as set forth in Section
4 below, by the Town Council, subject to the Town Council’s sole discretion. Any change
in Compensation shall be effective on such date as Council may determine in its sole
discretion. Compensation adjustments shall be made by motion and vote and do not require
amendment of this Agreement.
ATTACHMENT A: 2024 Heil Employment Agreement COMPARISON
Town Manager Employment Agreement June 27, 202311, 2024 Page 3 of 16
4.0 PERFORMANCE REVIEW. The Town Council shall strive to complete the annual
performance review of the Manager in March of each calendar year, unless the Town Council
determines a different month during which to complete an annual performance review. The Town
Council also may require a performance evaluation at any time a majority of the Council deems a
review is necessary. The Town Council shall inform the Manager as to the Town Council’s
opinion and expectations regarding his performance as Town Manager based upon such
performance criteria as the Town Council may utilize in its sole discretion.
5.0 COMMENCEMENT OF EMPLOYMENT AS TOWN MANAGER. The Effective
Date of the Agreement is April 9, 2019, irrespective of the date or dates upon which the Parties
execute it. Manager shall commence his duties as Town Manager on Monday, April 29, 2019,
(“Commencement Date”).
6.0 FACILITIES. The Town shall furnish office facilities and assistance for Manager as the
Town Council deems appropriate for the performance of Manager’s duties.
7.0 LIMITATION ON EXTERNAL PROFESSIONAL ACTIVITIES. Manager shall not
engage in any non-Town employment activities for compensation without the express written
consent of the Town Council. It is the intent of the Parties that Manager’s employment will require
his full-time commitment. The following matters constitute written consent of Council for limited
outside employment activities for compensation:
7.1 7.1 Notwithstanding Section 7.0, theThe Manager shall be permitted to pursue
his occasional efforts as a professional musician, so long as they do not interfere
with the performance of his Town duties. While the Manager may accept payment
for musical engagements, he may not accept payment with respect to any
engagement that the Town funds, directly or indirectly, in whole or in part.
7.2 The Manager shall be permitted to teach one political science course per semester
at Colorado Mountain College, which shall be reviewed during the 2025 annual
performance review to determine if this outside employment activity negatively
impacts Managers full-time commitment to the Town of Avon.
8.0 PARTICIPATION IN PROFESSIONAL ORGANIZATIONS. Participation in
professional organizations and voluntary programs is encouraged, provided they are consistent
with the responsibilities of the Town Manager and with the interests of the Town. The Town shall
pay Manager’s membership fees and reasonable costs of participation in the International City
Manager’s Association; the Colorado Bar Association; the American Planning Association; the
Colorado Chapter of the American Planning Association; and other memberships and professional
development activities the Town Council determines are consistent with his employment. The
Town shall also pay those attorney registration fees and reasonable continuing legal education
costs required for the Manager to maintain an active license to practice law in the State of
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Town Manager Employment Agreement June 27, 202311, 2024 Page 4 of 16
Colorado.
9.0 CONFERENCE ATTENDANCE. The Town shall pay for all reasonable expenses
related to Manager’s attendance at: the International City Manager’s Association annual
conference; all Colorado Association of Ski Town monthly meetings; the Colorado Association of
Ski Towns annual conference; the Colorado Municipal League annual conference; and at least one
other out-of-state conference to be selected at the reasonable discretion of the Manager. Manager
may propose additional job-related training, education, and professional memberships and
participation, which shall be subject to review and approval by the Town Council. .
10.0 TERMINATION WITH SEVERANCE. This Agreement may be terminated, and the
Manager shall receive the below-defined Severance, in the event of the following:
10.1 The Town may terminate Manager’s employment without Cause (“Cause,” as
defined below in Section 12), at any time, upon the vote of the majority of the Town
Council, and nothing contained in this Agreement shall restrict any Town Council member
from making a motion or voting to terminate Manager’s employment without Cause at any
regular or special meeting.
10.2 The Manager may terminate his employment by resigning the position of Town
Manager for Good Reason. As used in this provision, “Good Reason” shall mean:
10.2.1 Upon receiving the recommendation that he resign from the Town Council,
as represented by a majority of its members; or
10.2.2 Upon the Town’s breach of any material provision of Section 3.0 that
remains uncured for forty-five (45) consecutive days after Manager provides the
Town Council written notice of the alleged breach and demand for cure.
11.0 SEVERANCE.
11.1 The Town shall provide the Manager a severance payment (“Severance,” as
defined below), if Manager’s employment is terminated by the Town without Cause, or by
the Manager for Good Reason, so long as the Manager executes the Severance, Waiver,
and Release of Claims Agreement described below.
11.2 The Town shall not be obligated to pay Severance if Manager’s employment is
terminated for Cause, defined below in Section 12, or in the case that Manager resigns
voluntarily without Good Reason, as set forth in Section 13.
11.3 The Severance payment shall equal four (4) months’ Base Salary, at the Manager’s
then-current rate of pay, and the cost of Insurance Benefits as described in Section 3.5,
above, for the same four-month period.
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11.3.1 Severance payments shall be subject to and conditioned upon the Manager’s
execution of a Severance, Waiver, and Release of Claims Agreement, in a form
substantially similar to that attached to this Agreement as Exhibit One.
11.3.2 The Severance payment shall be paid in a lump sum within twenty (20) days
after the expiration of all applicable consideration and revocation periods provided
for in the Severance, Waiver, and Release of Claims Agreement.
11.3.3 The Severance payment shall be reduced by all taxes and other withholdings
required by law, and by the outstanding balance of any amount due and owing from
the Manager to the Town.
11.3.4 Severance shall include reimbursement to Manager for his payment of
premiums necessary to maintain Insurance Benefits through COBRA or other
applicable laws or regulations providing continuation of coverage for four (4)
months following the termination of his employment by the Town without Cause,
or by the Manager for Good Reason.
12.0 TERMINATION FOR CAUSE WITHOUT SEVERANCE. This agreement may be
terminated for Cause, at any time, upon the vote of the majority of the Town Council.
12.1 For the purpose of this Agreement, “Cause” shall consist of:
12.1.1 Conduct by Manager which is fraudulent or dishonest, including the
Manager’s intentional failure to provide known information to the Town Council
that is material to Town Council actions; or
12.1.2 Manager’s conduct that, if proven, would constitute a criminal offense
evidencing poor character or judgment, or moral turpitude, where Town Council
finds that there is reason to believe that such conduct occurred; or
12.1.3 Negligence, malfeasance, misfeasance, or nonfeasance in office; intentional
or negligent violation of state or federal civil rights; or sexual harassment; or
12.1.4 Excessive use of alcohol or drugs, which renders Manager unfit or unable
to perform his duties, as determined by the Town Council.
12.2 If the Town Council intends to consider termination of Manager’s employment for
Cause, the Town Council, at any time, upon the vote of the majority of such Council, shall
give Manager written notification stating the Cause for termination (“Notice of
Termination for Cause”). If the Manager desires to question whether the matters stated
in the Notice of Termination for Cause are accurate, or whether they constitute Cause,
Manager shall have the right to do so on written notice (“Notice of Appeal”) to the Town
Council given within ten (10) days after his receipt of the Notice of Termination for Cause.
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Upon receiving the Manager’s Notice of Appeal, the Town Council shall provide the
Manager a hearing before the Council within 15 business days. Such hearing shall be
conducted in accordance with rules of procedure reasonably established by the Town
Council. The Town Council’s determination, which shall be delivered to the Manager
within five (5) business days of the Manager’s appeal hearing, shall be final and shall not
be subject to further review.
12.3 If the Manager resigns upon notice from the Town Council that it is considering
terminating the Manager’s employment for Cause, Town Council, in its sole discretion,
may elect to treat such resignation as a termination for Good Reason, with Severance, in
accordance with Section 10.2, above, or may elect to treat such resignation as a resignation
without Good Reason in accordance with Section 13.0 below, in which case such
resignation shall be effective immediately and Manager shall not be entitled to Severance.
13.0 RESIGNATION. As an at-will employee, if Manager voluntarily resigns Manager’s
position with the Town in a manner not contemplated by Section 10, Manager shall strive to
provide a minimum of forty-five (45) days written notice, unless the Parties otherwise agree. Upon
the effective date of resignation, Manager shall be entitled to no further compensation or benefits
under this Agreement or otherwise, but will be compensated for accrued, but unused, Paid Time
Off in accordance with the Town of Avon Compensation and Benefits Programs, effective January
1, 2016, as may be amended from time to time.
14.0 ARBITRATION. Whenever a dispute arises with respect to this Agreement, or as to any
aspect of the Manager’s employment or the termination thereof, that the Parties are unable to
resolve through negotiation or other informal process, then, upon written demand of either Party,
such dispute shall be submitted to binding arbitration conducted by the Judicial Arbiter Group,
Inc. of Denver, Colorado, or its successor, or by such other arbitrator as the Parties may mutually
select, pursuant to the rules and procedures determined by agreement of the Parties or, failing such
agreement, by the arbitrator. The arbitration hearing shall be held within sixty (60) days of
appointment of the arbitrator unless otherwise agreed by both Parties. Furthermore, each Party
shall be entitled to one deposition. The Colorado Rules of Evidence shall not apply unless
otherwise agreed by the Parties or determined by the arbitrator. Further, the arbitrator shall have
discretion to determine whether any proffered evidence is sufficiently reliable and probative to be
admitted. The determination of the arbitrator shall be final and absolute. The award of the
arbitrator may be entered as a judgment in any court in the State of Colorado or elsewhere. If the
Parties are unable to mutually agree on the selection of an arbitrator, then each Party shall select
an arbitrator and the two arbitrators shall select a third arbitrator who shall make the determination,
render final decisions, and issue an award. The Town shall bear the costs of any arbitration
proceeding, however the Town and the Manager shall each bear their own attorney’s fees.
The Parties intend this arbitration agreement to be a full and complete waiver of
their rights to seek redress in any dispute between them related to the Manager’s
Town employment from a court or before a jury.
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Town Manager Employment Agreement June 27, 202311, 2024 Page 7 of 16
15.0 INDEMNIFICATION. The Town shall defend, save harmless, and indemnify Manager
against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other
liabilities incurred by, imposed upon, or suffered by Manager in connection with or resulting from
any claim, action, suit, or proceeding, actual or threatened, arising out of an alleged act or omission
in the performance of Manager’s duties as Town Manager or resulting from the Manager’s exercise
of judgment or discretion in connection with his proper performance of duties or responsibilities
on behalf of the Town, except to the extent the act, omission, or exercise involves the Manager’s
reckless, willful, or wanton conduct; intentional misconduct; or, an act, omission or exercise that
meets the definition of Cause. Manager may request the Town to provide independent legal
representation acceptable to Manager at the Town’s reasonable expense and the Town shall not
unreasonably withhold approval. Legal representation provided by the Town for Manager shall
extend until a final determination of the legal action including any appeals brought by either party.
Any settlement of any claim must be made with prior approval of the Town in order for
indemnification as provided in this Section to be available.
16.0 NOTICES. All written notifications contemplated in this Agreement shall be sent to the
following addresses via U.S. Mail or nationally recognized overnight courier, provided that the
Manager may amend the address for notification by providing written notice of such address
change:
If to the Town: If to Manager:
Mayor
Town of Avon
100 Mikaela Way
P.O. Box 975
Avon, CO 81620
Eric J. Heil
P.O. Box 7436
Avon, CO 81620
With Copy to:
Town Attorney
100 Mikaela Way
P.O. Box 975
Avon, CO 81620
_______________________________
_______________________________
_______________________________
_______________________________
17.0 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties
as to the subject matter hereof and may not be changed orally, but only by written agreement signed
by both Parties.
18.0 BINDING EFFECT. The Agreement shall be binding upon the Town and Manager and,
as applicable, upon their heirs, personal representatives, successors, and authorized assigns.
19.0 ASSIGNMENT. The rights and obligations of this Agreement are personal in nature and
shall not be assigned or otherwise conveyed by a Party without the prior written consent of the
other Party.
20.0 NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that
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enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the Town and Manager, and nothing contained in this
Agreement shall give or allow any such claim or right of action by any third person to this
Agreement. It is the expressed intention of the Town and Manager that any person other than the
Town or Manager receiving services or benefits under this Agreement shall be deemed to be an
incidental beneficiary only.
21.0 SEVERABILITY. The validity or partial invalidity of any provision of this Agreement
will not affect the validity of any other provision. In the event that any provision of this Agreement
is held to be invalid, the Parties shall negotiate and diligently seek to reach agreement regarding
the intent of the Parties concerning any such invalid provision. Accordingly, if any provision of
this Agreement is held to be invalid, the remaining provisions shall be deemed to remain in full
force and effect.
22.0 INDEPENDENT LEGAL ADVICE. The Manager acknowledges that the Town has
advised him to obtain independent legal advice with respect to entering into this Agreement, and
that he has obtained such independent legal advice to the extent he deemed appropriate. Manager
further acknowledges that he is entering into this Agreement with full knowledge of the contents
hereof, of the Manager’s own free will, and with full capacity and authority to do so.
23.0 ARTICLE X, SECTION 20/TABOR. The Parties acknowledge that the Town 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 the Town are expressly dependent and conditioned upon the
continuing availability of funds beyond the term of the Town's current fiscal period ending upon
the next succeeding December 31. Financial obligations of the Town 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 the Town of Avon,
and other applicable law. Upon the Town’s failure to appropriate such funds, this Agreement shall
be deemed terminated and the Manager shall be deemed terminated without Cause, unless such
action is the result of a prior termination for Cause pursuant to Section 12.
24.0 COUNTERPART EXECUTION. This Agreement may be executed by the Parties in
counterparts, which, together, shall form a single document.
Signature Page Follows
The Town of Avon, evidenced by the signature of its authorized representative, has read and
considered this Town Manager Employment Agreement, understands its terms and conditions, and
hereby agrees to employ Eric J. Heil as Avon Town Manager on the terms and conditions set forth
herein.
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Town Manager Employment Agreement June 27, 202311, 2024 Page 9 of 16
TOWN OF AVON, COLORADO
BY:_____________________________________ _________________
Amy Phillips, Mayor Date
ATTEST:________________________________ _________________
Miguel Jauregui Casanueva, Town Clerk Date
APPROVED AS TO FORM:
________________________________________
Karl Hanlon
Eric J. Heil, as evidenced by his signature below, has read and considered this Town Manager
Employment Agreement, understands its terms and conditions, and hereby agrees to serve as
Avon Town Manager on the terms and conditions set forth herein.
Signature Date
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Town Manager Employment Agreement June 27, 202311, 2024 Page 10 of 16
TOWN OF AVON
TOWN MANAGER EMPLOYMENT AGREEMENT
EXHIBIT ONE:
Form of Severance, Waiver, and Release of Claims Agreement
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TOWN of AVON, COLORADO
SEVERANCE, WAIVER & RELEASE OF CLAIMS AGREEMENT
THIS DOCUMENT IS INTENDED AS AN EXAMPLE ONLY
AND DOES NOT CONSTITUTE A CURRENT OFFER OF SEVERANCE
FROM THE TOWN OF AVON TO THE TOWN MANAGER.
This Severance, Waiver, and Release of Claims Agreement (the “Agreement”) is entered
into by and between the undersigned Town Manager, Eric J. Heil (“You”) and the Town of Avon,
Colorado, and its respective elected officials, employees, agents, representatives, attorneys, and
insurers (collectively the “Town”). You and the Town will be referred to collectively as the
“Parties.”
1. Your employment with the Town will conclude on
, 20 (the “Separation Date”), irrespective of the date upon which You
execute this Agreement.
2. By your signature below, You acknowledge and agree that, as of the Separation
Date, You were paid all wages or salary, all accrued unused vacation time, characterized by the
Town as Paid Time Off, and any other compensation due and owing to You through the Separation
Date, less the applicable tax or other deductions required by law, or deductions authorized by You
in writing.
3. By your signature below, You agree that You have returned or, within seven (7)
days of the Separation Date, will return all the Town property, including all copies of Town
documents, which You have had in Your possession, custody, or control at any time through the
end of Your employment. Town property includes, but is not limited to, Town files, notes, records,
financial information, computer hardware, cellular phones, credit cards, entry cards, identification
badges, keys, and any tangible property or materials of any kind that contain any Town proprietary
or confidential information. You further agree to return all relevant proprietary information related
to the Town that is currently loaded on any hard drive, flash drive, lap top, compact disc, or other
electronic medium in your control and You shall not maintain copies of such information after
returning it to the Town.
4. If You execute this Agreement, and do not revoke it, the Town agrees to pay the
“Separation Benefit,” consisting of:
(a) A single, lump sum payment in the amount of
Dollars ($
), which is equivalent to four (4) months’ compensation at your regular rate of pay, less all
applicable deductions and local, state, and federal taxes. If You execute this Agreement and do
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Town Manager Employment Agreement June 27, 202311, 2024 Page 12 of 16
not revoke your execution, this amount will be paid to You within twenty (20) days after the
expiration of the revocation period provided for in this Agreement.
(b) Reimbursement of amounts You pay to continue your Insurance Benefits
for a period of four (4) months following the Separation Date. The Town will issue this
reimbursement to You within thirty (30) days of receiving reasonable evidence that You paid the
required monthly premium.
5. Should You make a claim for unemployment insurance benefits, the Town will not
contest or oppose any award of such benefits, but will accurately respond to inquiries submitted to
the Town by the Colorado Department of Labor and Employment.
6. Other than the continuation of health insurance benefits under COBRA, as of the
Separation Date, You shall not be eligible to participate in any of the Town’s health benefit plans,
including, but not limited to, any plans or programs of medical, dental, or vision insurance.
Likewise, as of your Separation Date, You shall not be eligible to participate in the Town’s other
employee benefit plans. Nothing in this Section shall prevent You from participating in a COBRA
continuation coverage program or any similar state medical and dental insurance continuation
coverage program (“COBRA continuation coverage”).
7. YOU SHALL BE RESPONSIBLE FOR TIMELY ELECTION OF COBRA
CONTINUATION COVERAGE AND FOR ALL COBRA CONTINUATION COVERAGE
PAYMENTS. YOUR FAILURE TO TIMELY ELECT COBRA CONTINUATION
COVERAGE OR TO TIMELY REMIT COBRA CONTINUATION COVERAGE
PREMIUMS SHALL CAUSE AN IMMEDIATE LOSS OF YOUR COBRA
CONTINUATION COVERAGE WITHOUT FURTHER NOTICE.
8. You agree that You desire to receive the Separation Benefit, and that the amount
offered to You is above and beyond that to which You would otherwise be entitled. You further
acknowledge that: your decision to release the Town is entirely voluntary; You have not been
pressured into accepting the Separation Benefit; and You have enough information about the
Separation Benefit to decide whether to execute this Agreement. If, for any reason, You believe
that your acceptance of the Separation Benefit is not entirely voluntary, or if You believe that You
do not have enough information, then You should not execute this Agreement.
9. You acknowledge that You have read and that You understand this Agreement.
10. You agree that, to the maximum extent permitted by applicable law, by executing
this Agreement, You hereby covenant not to institute any legal or administrative proceeding
against the Town and are fully, finally and forever releasing any and all claims that You have or
may have against the Town, to the maximum extent permitted by law, as follows:
(a) You agree that by executing this Agreement, You intend to release and
forever discharge, and in fact release and forever discharge, the Town and its past and present
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trustees, officers, agents, insurers, attorneys, assigns, and other representatives of any kind
(collectively the “Released Parties”) from any and all claims, demands, rights, liabilities, and
causes of action of any kind or nature, known or unknown, arising prior to or through the date that
You execute this Agreement; and
(b) You agree that your release includes, but is not limited to any and all claims,
demands, rights, liabilities and causes of action arising or having arisen out of or in connection
with your employment or termination of employment with the Town; and
(c) With the exception of claims for the Separation Benefit payable to You and
claims for any unemployment benefits to which You may be entitled, by your signature below,
You intend to and do release and waive any claim or right to further compensation, benefits,
damages, penalties, attorneys' fees, costs, or expenses of any kind from the Town; and
(d) This release specifically includes, but is not limited to, a release of any and
all claims pursuant to:
(i) state or federal wage payment laws;
(ii) the Colorado Anti-Discrimination Act;
(iii) Title VII of the Civil Rights Act of 1964;
(iv) the Rehabilitation Act of 1973;
(v) the Reconstruction Era Civil Rights Acts, 42 U.S.C. §§ 1981-1988;
(vi) the Civil Rights Act of 1991;
(vii) the Americans with Disabilities Act & the Americans with
Disabilities Amendments Act of 2008;
(viii) Executive Order 11246;
(ix) the Family Medical Leave Act of 1993 and any other state or federal
family and/or medical leave acts;
(x) the Consolidated Omnibus Budget Reconciliation Act of 1985;
(xi) the Uniformed Services Employment and Reemployment Rights Act;
(xii) the Genetic Information Nondiscrimination Act of 2008;
(xiii) the Employee Retirement Income Security Act of 1974; and
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(xiv) any other federal, state or local laws or regulations of any kind,
whether statutory or decisional. This release also includes, but is not limited to, a release of any
claims for wrongful termination, personal injury, breach of contract, defamation,
misrepresentation, violation of public policy or invasion of privacy, and tortious interference with
contract. This release covers claims that You know about as well as those You may not know
about; and
(e) To the extent allowed by applicable statutory and regulatory law, the
release contained in the preceding paragraph includes a waiver of rights and claims which
You may have arising under the federal Age Discrimination in Employment Act of 1967
(Title 29, United States Code, 621 et seq.) (the “ADEA”). Pursuant to the Older Workers
Benefit Protection Act (Public Law 101-433; 1990 S. 1511), You acknowledge that this release
is intended to apply to, and You expressly agree that it shall be effective as a waiver of, rights
and claims arising under the ADEA; and
(f) This release does not include any claims that cannot be released or
waived by law. Nothing in this Agreement is intended to limit, restrict or interfere with your
right to engage in any protected activity under the National Labor Relations Act. Further,
by executing this Agreement, You do not waive rights and claims that may arise subsequent
to the execution of this Agreement. Execution of this Agreement does not affect your ability
to participate in an investigation or proceeding conducted by the Equal Employment
Opportunity Commission, the Colorado Civil Rights Division, or a comparable local agency.
However, notwithstanding the foregoing, You agree to waive your right to recover monetary
damages in any amount awarded in any charge, complaint, or lawsuit filed by You or by
anyone else on your behalf; and
(g) You agree that this Agreement is intended to be interpreted in the broadest
possible manner in favor of the Town, to include all actual or potential legal claims that You may
have against the Town, except as specifically provided otherwise in this Agreement; and
(h) You further agree that You have not experienced any illness, injury, or
disability compensable or recoverable under the worker’s compensation laws of the State of
Colorado that You have not reported to the Town and You agree that You will not file a worker’s
compensation claim asserting the existence of any such illness, injury, or disability; and
(i) You agree that You have been and are hereby advised by The Town to
consult with an attorney prior to executing this Agreement.
11. You agree that the Separation Benefit that You are accepting by signing this
Agreement has value to you. You agree that You would not be entitled to the Separation Benefit
without signing this Agreement. You acknowledge that You will receive the Separation Benefit
in exchange for the benefit You are providing to the Town and the Released Parties by signing this
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Agreement. You also acknowledge and agree that the Town will withhold from the Separation
Benefit all applicable deductions and federal, state and local taxes.
12. You agree that the Separation Benefit is the only benefit You are to receive by
signing this Agreement, and that in signing this Agreement You did not rely on any information,
oral or written, from anyone, including your supervisor, other than the information contained in
this Agreement.
13. You represent that You have not previously assigned or transferred any of the legal
rights and claims that You have waived by signing this Agreement. You agree that this Agreement
also binds all persons who might assert a legal right or claim on your behalf, such as your heirs,
personal representatives, and assigns.
14. You agree not to disparage the Town, its trustees, officers, employees, agents, or
reputation.
15. This Agreement may be executed in multiple counterparts, each of which shall be
an original, but all of which shall be deemed to constitute one instrument.
16. You agree that: (a) this Agreement constitutes the entire agreement between You
and the Town regarding its subject matter, without regard to any other oral or written information
that You may have received about this Agreement; (b) if any part of this Agreement is declared to
be unenforceable, all other provisions of this Agreement shall remain enforceable; and (c) this
Agreement shall be governed by federal law and by the laws of the State of Colorado, irrespective
of the choice of law rules of any jurisdiction.
17. You also agree that to the extent You are bound by a proprietary information
agreement or confidentiality agreement, those agreements are not released hereby.
18. You have up to twenty-one (21) days after You receive this Agreement to consider
whether to execute this Agreement (the “Deliberation Period”). During the Deliberation Period,
You should consult with an attorney of your choosing and consider whether You wish to sign this
Agreement. You agree that, after You have signed and delivered this Agreement to the Town, this
Agreement will not be effective or enforceable until the end of a seven (7) day revocation period
beginning the day that You deliver this Agreement to the Town (the “Revocation Period”). You
understand that You will not receive the Separation Benefit as applicable until the Revocation
Period has expired. During the Revocation Period, You may revoke this Agreement without
condition and in your sole judgment, but You may do so only by delivering a written statement of
revocation to the Town. If the Town does not receive a written revocation notice by the end of the
Revocation Period, this Agreement will become legally enforceable and You may not thereafter
revoke this Agreement.
Remainder of page intentionally blank; signature page follows
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By signing below You: (a) acknowledge that You have read and understand this
Agreement; (b) understand that it is a legally binding document that may affect your legal rights;
and (c) have been advised to consult a lawyer of your choosing before signing this Agreement and
have had an opportunity to do so to the extent you deem appropriate.
ERIC J. HEIL
Signature:
Date:
The Town of Avon, evidenced by the signature of its authorized representative, has read and
considered this Town Manager Severance, Waiver, and Release of Claims Agreement,
understands its terms and conditions, and hereby agrees to these terms and conditions with
respect to the departure from employment of Eric J. Heil as Avon Town Manager on the terms
and conditions set forth herein.
TOWN OF AVON, COLORADO
BY:
, Mayor Date
ATTEST:
, Town Clerk Date
ATTACHMENT A: 2024 Heil Employment Agreement COMPARISON
AVON REGULAR MEETING MINUTES
TUESDAY MAY 28, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
1
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via Zoom.us.
Mayor Amy Phillips called the May 28, 2024, Council regular meeting to order at 5:00 p.m. A roll call
was taken, and Councilors present in person were Chico Thuon, Rich Carroll, RJ Andrade, Lindsay
Hardy, Ruth Stanley, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips. Councilor Thuon
left the meeting in person at 5:58 p.m. and rejoined the meeting virtually at 6:11 p.m., and rejoined
the meeting in person at 7:53 p.m. They were joined by Town Manager Eric Heil, Deputy Town
Manager Patty McKenny, General Government Manager Ineke de Jong, Town Attorney Nina P.
Williams, Town Clerk Miguel Jauregui Casanueva, Community Development Director Matt
Pielsticker, Planner II Max Morgan, Public Works Director Eva Wilson, and Avon Police Chief Greg
Daly.
2. APPROVAL OF AGENDA
Video Start Time: 00:01:47
Before the approval of the Agenda, Councilor Carroll offered remarks related to the symbolism of
Memorial Day, asking those present for a moment of silence in remembrance of the fallen service
members in the Military. Mayor Phillips initiated the meeting with the Agenda approval process.
Without further discussion, Mayor Pro Tem Underwood motioned to approve the Agenda, as
presented. Councilor Carroll seconded the motion. It was approved unanimously with a 7-0 vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:02:07
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were
disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:02:23
Mayor Phillips explained that public comment can be made by participating in the meeting in
person, via zoom’s video/audio, via telephone, or via email. She added 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 no public comment was made in person nor virtually.
5. BUSINESS ITEMS
5.1. Swearing In And Pinning Ceremony And Police Presentations (Chief Of Police Greg Daly)
Video Start Time: 00:03:35
Chief of Police Greg Daly covered the topics of: (i) the swearing-in and pinning ceremony for Officer
Trevor Roszczewski, (ii) the CALEA reaccreditation certificate presentation by Colonel Matthew
Packard, Chief of the Colorado State Patrol, (iii) a presentation of the Avon Police Department
Annual Awards, and (iv) the Avon Police Department 2023 Annual report. No public comment was
made in person nor virtually.
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Councilor Thuon left the meeting in person at 5:58 p.m. and advised Town Staff that he would rejoin
the meeting virtually later. Councilor Thuon rejoined the meeting virtually at 6:11 p.m. and in person
at 7:53 p.m. Town Attorney Nina P. Williams advised Council and Councilor Thuon that because he
was unable to be present for the totality of the public hearing under Business Item 5.2., he should
abstain from voting on that Business Item.
5.2. PUBLIC HEARING: Resolution 24-15 Approving a Wildridge Lot Split Planned Unit Development
Amendment for Lot 66, Block 1, Wildridge (Planner II Max Morgan)
Video Start Time: 00:58:17
Planner II Max Morgan introduced the topic of Resolution 24-15 which seeks to approve a Wildridge
Lot Split Planned Unit Development Amendment for Lot 66, Block 1 in Wildridge. He also delivered
a staff presentation related to the lot split. He was joined by Architect Bobby Ladd who delivered a
presentation to Council on behalf of the Applicant requesting the Lot Split.
Councilor Andrade asked if the lot split allows for a future duplex and was advised it does not and
precludes any future duplex. Mayor Pro Tem Underwood asked questions related to Planner
Morgan’s presentation on Section 7.16.060(e)(4) review criteria and asked Town Attorney Williams
to confirm which romanettes can be disregarded from the slides and criteria and which romanettes
need to be used in the analysis. Councilor Carroll asked clarifying questions on maximum height of
the structures. Councilor Hardy asked for historical lot splits approved since 2015 and was advised
there have been 8 or 9 and all have been approved in the past.
Mayor Phillips opened the floor to the public hearing comment and Jenny Wahrer, resident of
Wildridge, took the podium in person and stated that she resides west of the proposed lot split and
believes that there should be a duplex built under existing rules, but she does not support a lot
split. She added she believes splitting the lot will impede transit of wildlife on the lot further than
a single duplex structure would, which she favors. She added she doesn’t believe that there are any
savings accomplished by building under a lot split as opposed to building a duplex on the site.
Robert Pfaff, resident of Wildridge, took the podium in person to ask if the property boundaries of
these lots will be staked to indicate which trees belong to whom in the hope that accidental tree
felling of neighbors will be prevented.
Jim Yager, resident of Wildridge, took the podium in person to speak of his concern for the Aspen
Grove located on Fox Ln and its potential for endangerment with the projected lot split and tree
felling.
Jodie Edders, resident of Wildridge, took the podium in person to speak of her belief that this lot
split will have a negative effect on the neighborhood and highlighted that her home’s views would
be most impacted by the proposed lot split.
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Mike Chadwell, resident of Wildridge, took the podium in person to state his belief that building
these types of homes does not alleviate the housing deficit in Avon. He indicated that there are also
some discrepancies in square footage indicated in the packet and asked questions related to the
width of the utility and drainage easement on the properties.
Nicole Garnsey, resident of Avon and owner of the lot under consideration for a split, took the
podium in person to state they are very excited for the potential of building their forever home on-
site and understands that any change to a large vacant lot will have an impact on the neighborhood
and she stands behind the belief that the lot split and two separate smaller homes are better for
the neighborhood than a large duplex structure which would take up more room and views.
Bobby Ladd, on behalf of the development group, asked for the best opportunity for them to speak
and reply to some of the concerns raised during the public hearing. No other public comment was
made in person nor virtually.
Mr. Ladd took the podium to clarify and rebut some of the negative feedback given and was joined
by Sean Reynolds as a part of the development group who stated that they the project will not fell
any tree that is not essential to allow for the construction, and added that cutting down one Aspen
tree is considered like branch pruning for the Aspen Grove and does not destroy the entirety of the
Aspen Grove or endangers it. He added that any home built will help alleviate the housing shortage
in Avon and disputed any statement to the contrary. Mr. Ladd added that there will be a
construction fence put up to alleviate any concern over property boundary issues and tree felling.
They were also joined by Steve McDonald who is part of the developing Team and added that they
are all residents of Wildridge and that a lot split does indeed alleviate wildlife traffic as compared
to a much larger duplex by adding an additional corridor for wildlife travel.
Town Attorney Williams and Mayor Phillips and Mayor Pro Tem Underwood clarified which PUD
review criteria will apply to their analysis under Town Code Section 7.16.060(e)(4).
Councilor Hardy stated that she believes this Resolution for a Lot Split meets the statutory eligibility
criteria and she agrees with the conclusions contained in the Report. She added that smaller
structures do allow for more wildlife flow, and the precedent of 8 favorable lot splits makes it
consistent with others in the neighborhood. She added that she is not factoring in cost of
development as part of her analysis as it is not required for the review criteria.
Mayor Pro Tem Underwood asked Town Attorney Williams and Town Staff for guidance on the best
way to draft conditions to ensure that the project does not deviate from what was presented at the
meeting, particularly as it refers to grading and height of the ceiling, which she received from Town
Manager Heil.
Councilor Carroll noted he is in favor of the lot split with the conditions being discussed by Council.
Councilor Andrade agreed that the lot split would be more beneficial in the long term, including
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preserving views and wildlife corridors. Councilor Stanley added that the developer hit every mark
as far as PZC is concerned and meets the statutory requirements. She acknowledged the hopes and
desires of the neighbors and noted that the lot split does appear more favorable by all accounts.
However, she stated that she feels compelled to stand with the neighbors and will not support the
lot split because of their concerns.
Mayor Pro Tem Underwood stated that she would support the lot split with the conditions that she
would include during her motion. Mayor Phillips stated that she understands a feeling of nostalgia
from looking at an old vacant lot in the old neighborhood but also needs to balance it with the fact
that this lot split is important to developing this property in more cohesive way with the
neighborhood. She noted it is hard to appreciate the value of the lot split if you don’t want to see
anything built on that lot and commended the developer for their work on this project.
After deliberations, Mayor Pro Tem Underwood motioned to approve Resolution 24-15 with the
conditions that: (i) there be an access and maintenance agreement for the shared driveway and
storage area to be recorded prior to signature of the minor subdivision plat; (ii) the limits of
disturbance are assigned to the north portion of the lot or restricted envelope and designated on
the plat prior to signature and recording; (iii) the findings and minutes of the PZC meeting of May
13, 2023, are approved as presented; (iv) the structure’s design as presented in this public hearing
will not exceed the represented heights; and, (v) the plat will contain a note prior to signing and
recording that there will only be one curb cut allowed for the lot split on Fox Lane. Councilor Hardy
seconded the motion. It was approved with a 5-1 vote, with Councilor Stanley voting nay and
Councilor Thuon abstaining due to his partial absence from the public hearing.
Mayor Phillips declared a 4-minute recess at 8 pm and reconvened the meeting with a 5-minute delay
at 8:09 p.m.
5.3. FIRST READING: Ordinance 24-10 Elections Code Update (Deputy Town Manager Patty McKenny
and Town Clerk Miguel Jauregui Casanueva)
Video Start Time: 02:59:20
Town Clerk Miguel Jauregui Casanueva delivered a presentation related to the need for an Elections
Code Update in Avon to align write-in candidate deadlines and make them uniform with the County.
Mayor Phillips opened the floor to the public hearing and no public comment was made in person
nor virtually. Mayor Pro Tem Underwood asked that this Code Amendment apply to coordinated
elections but exempt recall elections and keep in the write-in candidate opportunity as stated in
the old code but for Recall elections specifically. After brief deliberations, Mayor Pro Tem
Underwood motioned to approve the first reading of Ordinance 24-10 with the condition that the
Second Reading of the Ordinance be amended to contemplate write-in candidates in recall
elections. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote.
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5.4. Notice of Award: Public Works Garage (Public Works Director Eva Wilson)
Video Start Time: 03:03:10
Public Works Director Eva Wilson delivered a presentation related to the Notice of Award for the
Public Works Garage. Town Manager Eric Heil added information related to the project’s costs with
gas vs. all electric boilers. Mayor Pro Tem Underwood deliberated on the pros and cons of a gas vs
electric boilers. Councilor Hardy asked if this is an essential facility for public works to house
vehicles, and Town Manager Eric Heil noted that it is a high priority structure overdue by several
years. She noted she needs to be convinced of the justification of this elevated cost. Public Works
Director Eva Wilson noted that construction costs remain high, even though this is a custom prefab
structure designed to save as much as possible on construction costs. She added the most efficient
form of heating for the structure is radiant concrete heated floors.
Councilor Carroll asked questions on the solar panels included in this structure. Town Manager Heil
noted that the photovoltaic offset included in the structure is hard to quantify and he would
appreciate the direction from Council to contract a specialist to prepare a study on that topic and
the benefits of a larger electric storage facility to satisfy energy needs of the Public Works Garage
and other adjacent public structures. Councilor Carroll wondered if the Town should ‘walk the walk’
relative to choosing electric solutions by choosing the costlier electric boilers.
Town Manager Eric Heil noted that this is an industrial structure and residential all-electric heating
alternatives are ineffective. Councilor Stanley noted that she better understands why gas is more
convenient than electric for this project. Councilor Andrade stated he feels uncomfortable with the
pivot to gas for this project given that electric is an imposition made to other stakeholders in Avon.
Councilor Thuon said this pivot to gas over electric seems a little hypocritical. Councilor Stanley
stated that the money spent on this project is from the community for the community and cost
efficiency in gas boilers are passed along but she is torn on the decision as well. No public comment
was made in person nor virtually.
After deliberations, Councilor Thuon motioned to authorize the issuance of a Notice of Award for
the construction of the Public Works Garage in the amount of $3,964.038 and fund the project
budget of $4,164,038 with $1,600,000 ARPA funds and $2,564,038 Reserve funds. Mayor Pro Tem
Underwood seconded the motion. It was approved unanimously with a 7-0 vote.
5.5. Work Session: Council Rules of Procedure and Group Expectations (Town Attorney Nina Williams)
Video Start Time: 03:35:33
Town Attorney Nina Williams introduced the topic of the Work Session related to Council Rules of
Procedure and Group Expectations. There were ample deliberations on the issues of mandatory
attendance, remote attendance allowable absences in a calendar year, and removal from office.
Councilors asked for a specific proposal on these topics to be brought forth in a future meeting. On
the topic of Public Conduct of Council Members, Council supported the preparation and adoption
of a Council Handbook by Resolution. As this was a work session, staff received feedback and no
motion was requested.
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6. CONSENT AGENDA
Video Start Time: 04:23:27
Mayor Phillips introduced the approval of the Consent Agenda to include the following:
6.1 Resolution 24-16 Supporting Grant Application to Department of Local Affairs (Town Manager Eric
Heil)
6.2 Approval of Intergovernmental Agreement with Eagle River Fire Protection District Wildfire
Mitigation for Wildland Fire Mitigation (Public Operations Manager Gary Padilla)
6.3 Approval of May 14, 2024 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres)
Mayor Phillips opened the floor to public comment and no public comment was made in person
nor virtually. Without further deliberations, Councilor Thuon presented a motion to approve
the Consent Agenda. Councilor Stanley seconded the motion. It was approved unanimously with
a 7-0 vote.
7. WRITTEN REPORTS
7.1. May 13th Planning and Zoning Commission Abstract (Planner II Max Morgan)
7.2. Monthly Financials (Senior Accountant Dean Stockdale)
7.3. School Mural Project Update (Special Events Coordinator Chelsea Van Winkle and Michael
Pasquarella, Special Events Coordinator)
7.4. Draft April 18 Culture, Arts & Special Events Committee Meeting Minutes (Michael Pasquarella,
Special Events Coordinator)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 04:24:01
Councilor Thuon asked for the next generation of Avon stakeholders to involve themselves in
the politics of municipal government.
Councilor Hardy reminded the public of the Pride in the Park event taking place this Saturday,
June 1st, 2024.
Councilor Stanley reminded the public of the Art Guild Grand Opening on June 14th, 2024, and
added that Sunset Live Series has kicked-off in Avon. She also asked for a report from staff
updating Council on budget cuts to special events that were reallocated for special event
marketing.
Mayor Pro Tem Underwood reminded the public that tomorrow, May 29th, 2024, from 6 to 8
p.m. is the Eagle River Valley State of the River Talk with free food starting at 5:15 at Colorado
Mountain College in Edwards.
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9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the regular
meeting. The time was 9:37 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
FINANCE COMMITTEE MEETING
MONDAY, MAY 20, 2024
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Finance Committee Meeting, May 20, 2024 1 | 2
1. ROLL CALL
The meeting began at 5:10 p.m. PRESENT- Finance Committee: Lisa Post (virtually), Craig Ferraro (virtually), John Widerman and Steve
Coyer.
Town Council: Councilor Rich Carroll
Town Staff: Town Manager Eric Heil, Chief Financial Officer Paul Redmond and Chief
Administrative Officer Ineke de Jong, as Secretary.
ABSENT- Finance Committee: Clark Rogers and Markian Fedeschuk
Town Council: Councilor Tamra Underwood
Town Manager Eric Heil kicked off the meeting by thanking all committee members for their patience
during the long pause in meetings as we started up the Avon Downtown Development Authority (DDA)
Board which has taken up a lot of staff time in the last 12 months. Eric expressed staff was happily
surprised by the enthusiasm and interest from everyone to continue to serve on the committee and tackle
a list of finance topics.
2. APPROVAL OF JUNE 19TH, 2023 MINUTES
Steve Coyer moved to approve the minutes from the June 19th, 2023 meeting and John Widerman
seconded the motion. The motion passed unanimously by those present.
3. PUBLIC COMMENT
There was no public comment.
4. GENERAL UPDATE ON 2024 FINANCIALS (CHIEF FINANCIAL OFFICER PAUL REDMOND)
Chief Financial Officer Paul Redmond delivered his presentation on the financial results year to
date. Overall Sales tax is flat and accommodations tax is down, which is different from what we’ve
seen the last few years). There was discussion on rec center usage, lodging tax and occupancy in
town. STR licensing going from 104 in 2023 to 83 in 2024 and Paul explained his accounts
receivable staff is collecting more info/background on that. Eric said one of the 2024 staff goals is
researching whether it’s worthwhile to rejoin DestiMetrics. Staff will study whether it will be
worthwhile to rejoin it if we can pass an ordinance that makes reporting mandatory in 2025 as we
only had 3 or 4 properties report in the past.
Paul expressed his team is happy to take suggestions on edits/changes in the formatting for
reporting of monthly financials. Committee member Lisa Post expressed that seeing bigger picture
/ more background data to see “trends” would be helpful. Eric said he likes the idea of looking at
the bigger picture and make sure we are being strategic and make financially sustainable decisions.
5. USE TAX (CHIEF FINANCIAL OFFICER PAUL REDMOND)
Chief Financial Officer Paul Redmond delivered his presentation on Use Tax. Council referred a
use tax question to the ballot in 2023 and it failed. Council is exploring bringing this back to the
ballot in November and hoping for success with more education to the voters and a higher voter
turnout at the 2024 election and dedicating all funds to the housing fund. He spoke about the
timeline to poll and educate the voters this summer. The committee discussed that in the Village at
Avon the funds would contribute to the Town’s tax credit obligations and get it paid off sooner. Staff
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struggles with what point at which we are educating versus confusing the public. The committee
agreed that the higher voter turnout during a presidential election and perhaps naming it a “new
construction tax” might help clarify things. The committee suggested taking a straw poll of council
and suggested it would be received better by the public if it was referred unanimous by the Council.
6. VILLAGE (AT AVON) (CHIEF FINANCIAL OFFICER PAUL REDMOND)
Chief Financial Officer Paul Redmond introduced the topic of the Village at Avon and presented the
overall recap showing a total of $14.6 Million in debt remaining to be issued. We’ve issued
approximately $86 Million in credits and rebates since 2002. Craig Ferraro suggested that the 2002
bonds that were refinanced in 2020 with 2020 bonds are counted “once” but should be counted
“twice” for the original 2002 principal amount paid off. Staff agreed that makes sense and they will
go back and look at that.
7. AVON DDA (CHIEF FINANCIAL OFFICER PAUL REDMOND)
Chief Financial Officer Paul Redmond delivered his slides on the Avon DDA and expressed the
DDA passed last August by the eligible Avon voters and there is an overlay with the Urban Renewal
Authority. Discussions included the projected 2024 tax increment revenues are appx $52,000,
spending of Tax Increment Financing funds inside the DDA boundary a nd that the Town is unique
in having the URA and the DDA operate in the same area.
8. AVON HOUSING AUTHORITY (CHIEF FINANCIAL OFFICER PAUL REDMOND & TOWN MANAGER ERIC HEIL)
Chief Financial Officer Paul Redmond explained this separate legal entity was established many
years ago in 1989 and hasn’t been very active. It can be put to use for anything the Town is going
to build which includes 3 possible housing projects (1) the Avondale Apartments on Lot 5 past
Home Depot and (2) the slopeside parcel and (3) townhomes on the Wildridge/Avon Annex. Or a
private developer asking for Town support with municipal tax-exempt bond financing which will
mean strict oversight. Another possible issue before this authority is the State Land Board Phase
I.
Eric explained we’re active with looking at a regional housing authority which can become the
vehicle to assist private developers with these types of municipal tax-exempt bond financing,
instead of the Town of Avon.
Craig Ferraro expressed Penrose development can provide insight on government help with
kickstarting development and filling gaps. He can make an introduction to Paul & Eric. Steve Coyer
expressed that Graham Frank is another developer that has expertise and capital and Eric said he
has met with Graham.
9. GOALS AND ROLES OF THE FINANCE COMMITTEE (TOWN MANAGER ERIC HEIL)
Town Manager Eric Heil expressed this was a general overview and re-introduction of a range of
finance topics and staff would like to hear from the committee what we can bring back for more
discussion. Otherwise we will focus on the Village at Avon and the State Land Board Annexation.
The State Land Board Annexation will come with a lot of demand and little taxes, but the tenants
will still pay sales taxes when they go shopping in Avon. It will not be a money maker but an increase
in demand on services. It will be interesting to look into that with the committee.
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Councilor Carroll echoed Eric’s comments that the committee can bring ideas on their goals and
roles etc and please send them to staff. John Widerman said the committee can be guardians of
the questions that staff would put to the general public and maybe provide general feedback before
things go to Council or the public, for instance the use tax so it can have ‘Avon Finance Committee
Endorsement’ on it. Staff said they’ll bring opportunities to the committee.
Eric said staff will forward the fiscal peer community comparison study for the committee to review.
It will be updated soon as we aim to update it about every 3 years.
10. NEXT COMMITTEE MEETING DATE
After deliberations, consensus among Finance Committee Members was to schedule meetings bi-
monthly on the 3rd Monday of the month. The next meeting is Monday July 15, 2024 at 5:00 p.m. at the
Mount Holy Cross meeting room at Avon Town Hall. Staff expressed that by then we should have the
results back on the Use Tax Voter Polling. We might also be able to discuss the Village at Avon PUD
Amendment and possibly extending their vested rights.
Craig Ferraro asked to look at projections from the Village at Avon on when debt will be paid off. Paul
confirmed the debt schedule shows it as paid off in 2049.
11. ADJOURNMENT
Craig Ferraro motioned to adjourn the meeting, the time was 6:32 p.m.
Respectfully Submitted by:
Ineke de Jong, Chief Administrative Officer.
HEALTH AND RECREATION COMMITTEE MEETING MINUTES
TUESDAY, MAY 21, 2024
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HEALTH AND RECREATION COMMITTEE MEETING MINUTES, MAY 21, 2024 PAGE 1 | 6
1. ROLL CALL
Present-
Committee Members: Committee Chairman Kevin Hyatt, Committee Vice Chairman Nancy Tashman and Committee
Members Pat Nolan, Sonia Martinez, Kathy Ryan, and Courtney Walters Rawson
Staff: Recreation Director Michael Labagh, Aquatics Superintendent Kacy Carmichael, Recreation Services
Superintendent Jerrica Miller, Swim Program Supervisor Meghan Hershey, and Programs Supervisor Luke Herron
Town Council: Mayor Amy Phillips
Absent-
Committee Members: Lisa Post
Committee Chairman Kevin Hyatt opened the meeting at 12:04 p.m.
2. APPROVAL OF THE AGENDA
Committee Vice Chair Nancy Tashman made a motion to approve the agenda, Committee Member Pat Nolan
seconded to approve the agenda. Committee Chairman Kevin Hyatt declared the agenda approved.
3. APPROVAL OF THE APRIL 2024 MEETING MINUTES
Committee Member Kathy Ryan made a motion to approve the minutes from the April 9, 2024 meeting, Committee
Member Pat Nolan seconded the motion and Committee Chairman Kevin Hyatt declared the minutes approved.
4. PUBLIC COMMENT
No public comments were made.
5. BUSINESS ITEMS
5.1 Recreation Department Update
Recreation Director Michael Labagh thanked everyone for coming and explained how the daily and monthly visitation
numbers are accumulated. Then he provided a general update and details about the maintenance shutdown. The
department hosted our first All Staff Meeting with about 45 staff in attendance, which is impressive when considering all
the different time commitments our staff have. We collected Mission, Vision and Values input from the staff. The
maintenance closure includes a new ADA swim lift, aquatics climbing wall replacement, waterslide stairs refurbished,
partial replacement of the pool lights, painted the cardio fitness area, plumbing repairs and replacement, updated
shower infrastructure such as mixing valves, weight room mirrors adjusted, removal of the bouldering wall that was
underutilized and replaced with a TV, snack vending machine and furniture.
The Committee and Attendees commented/inquired:
A. Committee Member Pat Nolan stated excitement about the ADA chair.
B. Mayor Amy Phillips asked how many hours was the All-Staff Training, did we feed them lunch and how much notice
did we give the staff?
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a. Recreation Direction Michael Labagh replied the training was held from 9:30am-3:30pm for all staff and the
Aquatics staff stayed until 5:30pm for additional training.
C. Mayor Amy Phillips inquired if the ADA swim lift comes all the way out of the water instead of blocking the swim
lane?
a. Aquatics Superintendent Kacy Carmichael confirmed, and Recreation Director Michael Labagh explained
that this has been requested by patrons and a great upgrade.
D. Committee Member Kathy Ryan inquired what code we are following for the pool area lights?
a. Recreation Director Michael Labagh explained that the department follows the State of Colorado swimming
pool regulations as well as industry standard recommendations that are included in the Model Aquatic
Health Code (MAHC).
E. Committee Member Kathy Ryan inquired if the big steel pipe in the cardio room was eliminated?
a. Recreation Director Michael Labagh replied that silver pipe is the HVAC ventilation and it remains in place.
F. Committee Member Nancy Tashman commented that the weight room benches look good, no more ripped leather.
G. Mayor Amy Phillips inquired what snacks are offered in the vending machine?
a. Recreation Director Michael Labagh explained that he has requested healthy snacks to be included.
H. Committee Member Pat Nolan commented the Recreation Center looks amazing!
I. Committee Member Kathy Ryan inquired about the status of the Jacuzzi?
a. Recreation Director Michael Labagh explained that the hot tub will be revisited for repair and improvement
in 2025 when the pool deck project is underway.
J. Mayor Amy Phillips requested a timeline for the hot tub be posted near the hot tub.
a. Recreation Director Michael Labagh explained all the places that this information is communicated.
Recreation Director Michael Labagh provided an update on the spring and summer programming plans and Recreation
Services Superintendent Jerrica Miller gave a brief update on summer day camp plans including purchasing a new 15
passenger van to take the kids on field trips.
A. Mayor Amy Phillips inquired if the van would have all wheel drive?
a. Recreation Services Superintendent Jerrica Miller responded yes.
B. Committee Member Pat Nolan inquired if the vans are used year-round or just for the summer?
a. Recreation Services Superintendent Jerrica Miller explained that the vans were used during the school year
for the Afterschool and School’s Out Camps.
C. Committee Member Sonia Martinez inquired what ages can attend day camp?
a. Recreation Services Superintendent Jerrica Miller replied ages 5 -11years old.
D. Committee Member Nancy Tashman inquired about the lobby furniture, are there any tables for playing games?
a. Recreation Director Michael Labagh replied yes, there are a few tables and a chess table, but staff will
monitor the usage to try and provide furniture that people want to use. Staff were not sure what was behind
the wall or under the mat, so staff made some educated guesses on what furniture would work for the new
area.
Recreation Director Michael Labagh continued the Recreation Center update and explained the 3-part annual planning
cycle; Winter/Spring, Summer and Fall/Winter. He then gave a tutorial on how to find program registration starting from the
Avon.org website.
A. Committee Member Nancy Tashman inquired if you could register and pay online for programs ?
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i. Recreation Director Michael Labagh confirmed.
B. Committee Member Sonia Martinez inquired if SmartRec is a different program from Amilia
a. Recreation Director Michael Labagh replied that Amilia is the software company, but they are
re-branding to be called SmartRec
C. Committee Member Sonia Martinez inquired if families will have to start over to transition to SmartRec from
Amilia
a. Recreation Director Michael Labagh explained that no, it is the same software. The front desk
staff are available to help people get registered.
D. Committee Member Pat Nolan asked Luke Herron about the Vail Health Active Aging Expo and what he
was there to promote? Will seniors be able to start playing Rummikub at the Recreation Center?
a. Programs Supervisor Luke Herron explained which programs he was there to promote and
said he has a few games he can set up for seniors to play.
b. Recreation Services Superintendent Jerrica Miller offered to send Pat Nolan the dates and
times so she can share the information with her network through Eagle County Healthy Aging.
5.2 Community Swim Program Review
Swim Program Supervisor Meghan Hershey welcomed the committee to the month of May which is Water Safety Month
and provided statistics about the number of drownings among children nationwide. Recreation Director Michael Labagh
shared the website resources for these statistics as well including the American Red Cross water safety resources
website. He shared information about Longfellow’s WHALE tales and explained that we will eventually reintroduce this
curriculum to our afterschool program.
Swim Program Supervisor Meghan Hershey provided more details about the daytime school swim lessons from Avon
Elementary and Berry Creek Middle Schools. She then explained the structure for USA Swimming zones, sectionals
and futures swim meets, and what accolades our swim team has accomplished. She also explained how these various
levels of competitive swimming compare to the path to the Olympics. She shared that 170 children have received swim
lessons in 2024 so far.
The Committee and Attendees commented/inquired:
A. The entire committee applauded the success of the team and their accomplishments.
B. Mayor Amy Phillips inquired if Homestake Peak is one of the schools we would do swim lessons with?
a. Recreation Director Michael Labagh explained they have had limitations with transportation, but we will
revisit offering swim lessons to their school.
C. Committee Member Pat Nolan inquired about Personal Floatation Devices (PFDs).
a. Aquatics Superintendent Kacy Carmichael shared that there are US Coast Guard approved lifejackets
(PFDs) in all sizes available and free to borrow in the pool area.
D. Committee Member Kathy Ryan inquired where children are allowed in the pool if they are wearing a PFD? Are
they allowed in the deep end and if so, why?
a. Aquatics Superintendent Kacy Carmichael replied yes anyone in a PFD is permitted in deep water.
b. Recreation Director Labagh explained that anyone wearing a PFD must be within arm’s reach of a parent
or guardian.
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c. Aquatics Superintendent Kacy Carmichael clarified that PFDs are not permitted to be worn while using the
waterslide.
E. Committee Member Kathy Ryan inquired if the children’s Dunk-N-Dash race is a continuation of the same program?
F. Committee Member Courtney Walters Rawson inquired how old people need to be to become lifeguards?
a. Aquatics Superintendent Kacy Carmichael replied 15 years old.
G. Committee Member Kathy Ryan inquired if 15-year-olds are making $20 per hour
a. Recreation Director Labagh replied, yes, most part-time staff start at $20 per hour.
H. Mayor Amy Phillips inquired what qualifies us as a “small team”
a. Swim Program Supervisor Meghan Hershey explained that 70 kids on a team or less is considered a small
team.
I. Committee Vice Chair Nancy Tashman inquired if people move here for the swim team?
a. Swim Program Supervisor Meghan Hershey explained that yes, some have and more have said they are
interested in joining the team.
J. Committee Vice Chair Nancy Tashman expressed she is impressed that our swim team is on par with teams from
Boulder.
K. Mayor Amy Phillips inquired how many participants are on the Vail Ski and Snowboard Academy (VSSA) team?
a. Swim Program Supervisor Meghan Hershey replied, 14, and that sports teams are not allowed to actively
recruit for the VSSA program due to school limitations.
L. Mayor Amy Phillips commented that VSSA is an alternative school for athletes and it’s great we have these unique
resources in the community.
5.3 Recreation Department Capital Improvement Project Review
Recreation Director Michael Labagh shared the plan for assets and upgrades using the Capital Equipment
Replacement Fund (CERF) and the Capital Improvement Project Plan (CIP).
The Committee and Attendees commented/inquired:
A. Committee Member Kathy Ryan inquired where the park falls into these funds?
a. Recreation Director Michael Labagh explained that there is a maintenance plan for large replacement costs
like new sand for the beach, roads, paths and curbs.
B. Mayor Amy Phillips inquired if the sand at the beach will need to be replaced again.
a. Recreation Director Michael Labagh replied that yes, sand needs to be replaced for sanitation purposes.
C. Committee Vice Chair Nancy Tashman inquired if the liner for the lake is set up for replacement?
a. Recreation Director Michael Labagh confirmed that yes, he believes it is on a 20-year replacement
schedule.
b. Mayor Amy Phillips offered that we must take care of the stuff we have before buying new stuff.
Recreation Director Michael Labagh shared information about the Pool Deck project budgeted for $800 ,000. He shared that
the timeline will be during the summer while there are other pools open in the community.
A. Mayor Amy Phillips inquired if the Pool Deck project would lead to a hot tub with bubbles?
a. Recreation Director Michael Labagh confirmed.
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Recreation Director Michael Labagh provided an overview of the Nottingham Lake Swim Area Anchor replacement project
that took place May 20, 2024. Next, he shared information about the addition of new landmark monument signs for the
pocket parks and recreation center. Then he took the Committee through the Skate Plaza and Park Restrooms project
which has had some changes with funding sources originally coordinated by the Avon Skate Coalition.
A. Committee Member Pat Nolan inquired about shade structures at the Skate Plaza .
a. Mayor Amy Phillips explained that they are not that far into the planning process.
b. Recreation Director Labagh stated that yes, the site will have some shade from the building and
from the landscaping.
B. Mayor Amy Phillips inquired if the restrooms for the park will be completed this year.
a. Recreation Director Michael Labagh stated that the project is tentatively scheduled to begin
construction in the fall but realistically will be completed in the spring.
Recreation Director Michael Labagh continued his presentation and shared information about the redevelopment of the
Eaglebend Pocket Park and the construction on the recreation trails in Harry A. Nottingham Park and the Eagle Valley
regional trail.
A. Committee Vice Chair Nancy Tashman inquired about construction on Herd Road in front of Canyon Run.
What’s the plan? Some areas are just mulch with no landscaping.
a. Recreation Director Michael Labagh offered to follow up with Committee Vice Chair Nanc y
Tashman later after he inquires with the engineering department.
Recreation Director Michael Labagh talked about the delay on replacing drinking fountains per lack of contractor interest
and continued to provide an update about other funded projects including upgrades to Audio Visual/Wi-Fi infrastructure,
building key card access, additional security cameras, loading ramp service access, Fitness Court removal/addition of a
picnic shelter.
The Committee and Attendees commented/inquired:
A. Committee Member Kathy Ryan inquired what will happen to the fitness court equipment?
a. Recreation Director Michael Labagh confirmed that the Town considered relocating the Fitness
Court originally but he will likely look for another agency to acquire it.
B. Committee Vice Chair Nancy Tashman inquired if the fitness court could be stored?
a. Recreation Director Michael Labagh said maybe but there’s not a lot of storage available
throughout Town.
C. Committee Vice Chair Nancy Tashman inquired about shade for pickleball and increased parking for
pickleball?
a. Recreation Director Michael Labagh said that the shade elements were not prioritized in this year’s
budget and that he’s working with the Avon Police Department to monitor parking at Avon Elementary
School.
D. Committee Vice Chair Nancy Tashman inquired about on-street parking on Beaver Creek Blvd.
a. Recreation Director Labagh shared that adding parking to Beaver Creek Blvd. was discussed and
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the Town determined that due to safety concerns and area resident concerns, the addition of parking was
not pursued further.
b. Mayor Amy Phillips explained that there is nowhere to park on the street safely, there’s a bike lane,
a bus stop, train tracks and a school slow zone in that area.
E. Committee Member Kathy Ryan inquired what is managed parking and where is it implemented?
a. Mayor Amy Phillips explained that managed parking is found throughout the town for 3 hours free.
b. Recreation Services Superintendent Jerrica Miller explained that registering your car is required
and can be done by scanning a QR code.
F. Committee Vice Chair Nancy Tashman commented that the wayfinding survey was hard to navigate.
a. Recreation Director Michael Labagh said that the Town collaborated on the survey with a capstone
student from CU Denver and thanked Nancy for her feedback.
6. OTHER BUSINESS AND COMMITTEE MEMBER COMMENTS
A. Committee Member Kathy Ryan inquired about the plan for bikes and motorized vehicles on the Harry A.
Nottingham Park paved path?
a. Recreation Director Michael Labagh explained that the summer dismount zone will be in effect again on the
north park path. Class 1 and 2 electric bikes are allowed in the park, and other vehicles that fall within
those parameters will also be allowed such as one wheels, scooters, etc.
B. Committee Vice Chair Nancy Tashman inquired if the Town patrols the Eagle River Trail?
a. Recreation Director Michael Labagh explained that the enforcement is challenging but the regional trail has
the same rules for e-bikes as Nottingham Park.
b. Mayor Amy Phillips said it’s been a discussion to add lines and signage to the Eagle River Trail to help with
mixed use by cyclists and pedestrians.
c. Committee Member Kathy Ryan suggested a gate or physical barrier to designate the start and end of the
dismount zone.
C. Committee Member Kathy Ryan inquired if the dog park could be extended to the stage area.
a. Recreation Director Michael Labagh explained that the off -leash dog area is still the same size.
7. ADJOURNMENT
Committee Chairman Kevin Hyatt asked if there was a motion to adjourn the meeting, and Committee Vice Chairman Nancy
Tashman made the motion and Committee Member Kathy Ryan seconded the motion. Committee Chairman Kevin Hyatt
declared the meeting adjourned at 1:34 p.m.
Respectfully Submitted by
Kacy Carmichael
Aquatics Superintendent
970-748-4021 pmckenny@comcast.net
TO: Honorable Mayor Phillips and Council members FROM: Patty McKenny, Deputy Town Manager RE: Grants Program Update
DATE: June 6, 2024
SUMMARY: The purpose of the written report is to provide an update about the town’s active grant program
applications for 2024. A number of departments have been working on several federal, state, and private grant
opportunities that are summarized in Attachment A. Sustainable Strategies DC, grant consultant and advocate, has
provided invaluable assistance with Avon’s program providing frequent updates about federal and state funding that
might be applicable to the town’s projects and programs. This is submitted as a written report and no action by
Council is requested.
BACKGROUND: The Town Manager’s Office has prioritized developing and implementing a more formal program for
grant administration that would seek to obtain federal, state, and local funding for town wide projects. Town of Avon
contracts with Sustainable Strategies (S2), a government affairs and strategic consulting firm based in Washington,
DC, and Denver, CO, for grant searching and administration services (full-service grant writing). The consulting firm
helps local governments secure resources for community projects that will revitalize, sustain, and keep communities
resilient. Town staff meets monthly, and on an as needed basis, with S2 representatives to review grant opportunities
and determine which ones to pursue based on Town priorities and ability to compete. The last grant update to Town
Council was provided at the end of December.
GRANT HIGHLIGHTS: Please see Attachment A for the Town’s active grant applications. Town staff and S2
continue to explore other opportunities for grant funding, some are listed below:
DOLA Transportation Plan Update
Colorado Water Conservation Board and Recourse Central: Transformative Landscape Change (turf conversion)
Colorado Energy Office: Public EV/Hybrid Carshare program
Land and Water Conservation Funds (irrigation improvements)
It should be noted that the Avon Skate Park Coalition did not receive funding from the Colorado Health Foundation,
which was surprising and disappointing since there had been support from the CHF early in the application process.
However, Amy Lewis, the Town and S2 continue to be very active in reaching out to both public and private
organizations for potential support with grant monies for the construction of the skate park.
FINANCIAL CONSIDERATIONS: The 2024 budget includes monies for the retainer to continue supporting the
arrangement with S2 for their advocacy and grant writing services. Project teams for grant submittals and
administration typically include the point of contact from the department, the town manager’s office, and a finance
staff member. There are also GFOA requirements related to reporting of federal and state grant awards, identified as
a Schedule of Expenditures of Federal Awards (SEFA). The grant applications typically require matching funds that
would be included in a supplemental budget request if funds are awarded.
TOWN MANAGER RECOMMENDATION OR COMMENTS:
PROPOSED MOTION: No motion is required as this is a written report only.
Thank you, Patty
ATTACHMENT A: Summary of 2024 Active Grant Opportunities
Attachment A 2024 Active Grant Opportunities
Town of Avon Grants List Page 1
The list below reflects a number of grants Town of Avon staff and S2 consultants have been working on in 2024:
Grant Name Purpose Funding Request
National Endowment of the
Arts | Our Town Program |
Federal Funding
For Avon Cultural & Arts Activation Project
Funds arts, culture & design projects that help
advance local outcomes & improve integration of
the arts. Requires partnership between local
government entity and nonprofit cultural or arts
organization.
Town of Avon & Vail Valley Art Guild (“VVAG”)
have partnered to engage the arts community to
help create an Avon’s Cultural and Arts Strategic
Plan, to develop and foster additional art
activations; programs and installations; attract and
retain artists; engage the public, and define Avon
as an appealing, unique, and inviting artistic
center.
$50,000 Grant
$50,000 Match
Due August 1
Congressionally Directed
Spending (Earmarks)
Community Project Funding,
Transportation, Housing &
Urban Development (THUD)
Economic Development
Initiative (Federal Funding)
For Avon Childcare Center
Earmark funding supports local government
projects and programs that serve the public
interest and are submitted through congressional
office (Representative Neguse and Senator
Hickenlooper offices).
Fund Avon Childcare Center to support a 12K sq.
ft. educational center serving infants & children up
to 5 years of age. (175 est. enrollment).
Vail Valley Foundation & Town of Avon Partners in
the application.
$1,500,000 Grant
$7,500,000 Match
Applications have support
from Neguse &
Hickenlooper’s Offices to
proceed through the
committee decision
pipelines.
Decision expected later this
year or early next year.
Various Funding
Opportunities
State of Colorado GOCO
Grant Funding | Working
with GOCO officials to
determine timing and best
course of action
State of Colorado DOLA
Energy Impact Assistance
Grant Funding
Contacting Regional DOLA
rep to review project and
determine level of interest
Tony Hawk Foundation
Gates Family Foundation
Fund construction of Skate Park & Plaza at Harry
A. Nottingham Park
Avon Skate Coalition & Town of Avon Partnering
on various application opportunities.
Summary:
GOCO | Amount TBD
DOLA | Amount TBD
Tony Hawk Foundation |
$25,000
Gates Family Foundation |
$30,000
El Pomar | $100,000
ASC Fundraising
(GoFundMe)
Decisions pending
Submittal of grant
applications for DOLA funds
will occur in fall 2024.
Attachment A 2024 Active Grant Opportunities
Town of Avon Grants List Page 2
El Pomar
Epic Promise
ASC Fundraising
(GoFundMe)
For Avon Skate Park &
Plaza
DOLA Local Planning
Capacity Grant Program
(State Funding)
Established by State
Affordable Housing Fund
(created by Proposition 123)
For Study on Formation of
Regional Housing Authority for Eagle River
Valley
Funds local government programs that support
efforts to address affordable housing.
Avon seeks $160,000 from the Local Planning Capacity
(LPC) program with a $40,000 local match to partner
with Eagle County to lead a comprehensive
planning process to form a regional housing authority.
Avon, acting as lead fiscal agent, will hire a
qualified consulting firm that will facilitate the creation of
a regional housing authority, which may eventually
include additional jurisdictions in the region. The Project
will compile existing housing authority information in
Eagle County, conduct bi-lingual stakeholder outreach,
explore existing housing authority models, analyze and
model potential revenue streams, and gauge potential
voter support for potential tax ballot questions.
$160,000 Grant
Requires $40,000 Local
Match
Avon Match $20,000
Eagle County Match
$20,000
Applications due June 3
Decision date pending.
970-748-4037 mpasquarella@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Mike Pasquarella, Special Events Coordinator
RE: Colorado Creative Industries Summit Summary
DATE: June 3, 2024
SUMMARY: This report provides a summary of the Colorado Creative Industries (“CCI”) Summit and
includes feedback from the 13 attendees including members of Town Council, CASE Committee, and Town
Staff. These individuals attended the CCI Summit to learn more about the Pueblo community and their
Colorado Creative District designation, and to attend sessions relevant to the enhancement of the Town’s
Culture and Arts initiatives. This is submitted as a written report and no action by Council is requested.
BACKGROUND: CCI is a division of the state of Colorado Office of Economic Development & International
Trade. Each year in the month of May, CCI holds a two-day summit / conference. The conference hosts
creative entrepreneurs, artists and creatives, municipal and non-profit cultural workers, and creative district
leaders. Topics and sessions address practical approaches to creative business and provide a framework
on how to collaborate with creatives, municipalities, and businesses. The mission of CCI is to promote,
support and expand the creative industries to drive Colorado’s economy, grow jobs and enhance our
quality of life. CCI offers grants, awards and resources to support creative organizations in Colorado. The
11th annual Colorado Creative Industries Summit was held on May 9th and 10th in Pueblo, Colorado.
ATTENDEES: An enthusiastic group of 13 individuals attended the conference on Avon’s behalf.
1. Amy Phillips – Mayor
2. Eric Heil – Town Manager
3. Ruth Stanley – Town Council Member
4. Ineke de Jong – Town Chief Administrative Officer
5. Danita Dempsey – Town Culture, Arts & Special Events Manager
6. Chelsea Van Winkle – Town Special Events Coordinator
7. Mike Pasquarella – Town Special Events Coordinator
8. Justin Chesney – CASE Committee Chair
9. Kerri Thelen – CASE Committee Member
10. Thomas Walsh – CASE Committee Member
11. Danielle McNair – CASE Committee Member
12. Tara Novak – Vail Valley Art Guild Board Member
13. Melissa Macdonald – Vail Valley Art Guild Board President
SESSIONS & CONTENT: The CCI Summit offers three to seven concurrent sessions (30 total) and/or
tours (6 total) each day over the course of two days. Additionally, there are several booths/vendors offering
information materials and interactive experiences. Below is a list of sessions Avon representatives attended
paired with a summary of the session content taken directly from the CCI materials.
1. Colorado’s Evolving Arts & Culture Philanthropy: A Continuing Conversation to Share
Progress, Ongoing Community Needs and Opportunities – First offered at the 2021 CCI
Summit, this ongoing conversation between arts and culture creators, administrators and funders
provides an open forum to reflect on the impact of changing times on the creative sector, the role of
arts in meeting evolving needs and how arts philanthropy must change to support the sector.
2. Healing Community Through Cross Cultural Collaboration – Storytellers of the Ancestral Red
Road (SOAR) is a Southern Colorado Collective of traditional Indigenous teachers and allies,
sharing cultural wisdom in multi-generational educational settings and practicing well-being and
community-focused healing through creative expression. This session featured a presentation of
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the cross-cultural collaborations the organization has facilitated over the past two years, and an
experimental community-building component.
3. Demystifying the Public Art Process – This session featured a conversation between two
longtime public art administrators alongside two practicing public artists, who will shed light on the
public art process. Topics covered included applying, preparing proposals, contracting, working
with fabricators and subcontractors, navigating challenges and more. The session allowed ample
time for questions with the goal of making artists feel more comfortable with the entire process of
public art commissions.
4. From Groundwater Flows to Air Pollution: A Multimodal Dialogue among Artists, Scientists, and Communities – This session featured The Colorado Art Science Environment (CASE)
exhibition, a program of the Office for Outreach and Engagement in collaboration with the Institute
for Arctic and Alpine Research and Boulder County Arts Alliance aiming to move public audiences
beyond debates about climate change by amplifying the connection all Coloradans have to the
state’s natural landscape and, through this connection to place, to one another. CASE Fellow
Artists will engage participants in learning about this multimodal, university community partnership
among scientists, artists and communities across urban and rural Colorado. They will share case
studies of how they developed their artwork for the CASE exhibition, with a focus on how they
collaborated to make invisible processes, such as groundwater flows, air pollution and beetle
infestation knowable, visible and visceral.
5. Lights, Camera, Community: Resource Mapping and Networking for Creatives – This
interactive session brought together creatives, organizations, and arts advocates to dive into
community building, networking, and resource sharing. This session aimed to teach how to
cultivate a thriving community of support, identify essential resources through a mapping exercise
and to forge meaningful connections.
6. Building Welcoming Community Spaces – This session examined three unique models for
creating community infrastructure: The long-standing Launchpad in Carbondale, the newly
constructed Decker Community Room in Ridgway; and a current initiative of activating vacant,
temporary space in Grand Junction. Panelists shared about the need for such spaces; how their
particular spaces came about; current operating models and engagement strategies; and the
impact – both now and in the future.
7. Art, Transportation & The Experience Economy – This talk-show-style discussion explored how
artist-driven experiences intersect with transportation. This session highlighted Colorado projects
that utilize art and culture to mitigate road work disruptions, slow traffic, increase pedestrian safety,
and create increased community identity.
8. Weaving Lived Experience, Dance and Dialog to craft Spaces of Belonging – Presenters
shared how they co-create spaces of belonging centered in their own and their participants’ lived
experiences, identities and aspirations. Artist and educator Helenius Wilkins shared from "The
Conversation Series: Stitching the Geopolitical Quilt to Re-Body Belonging", an ongoing project
that celebrates and confronts heritage, resilience, justice and hope with communities across
Colorado. Co-founders of Mi Chantli, “my home” movement and arts sanctuary, discussed how
their Mexican/Chicano owned studio provides a space for culturally and socially sustaining practice
for BIPOC communities and more in Boulder, Colorado. Dancer, activist and community artists
Karla Trujillo discussed how she approaches dance as a critical component of belonging, collective
creativity and a resource for healing.
9. Revitalizing Communities Through Public Art: A Journey of 30 years - Through our public art
installations, workshops, and collaborative projects, we have witnessed the positive impact on the
community. Crime rates have decreased, businesses have thrived, and a renewed sense of pride
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has emerged among the residents. Our art has become a catalyst for social change, igniting a
sense of ownership and responsibility among community members. The transformation of once-
neglected spaces into vibrant art installations has spurred conversations, encouraged unity, and
sparked a sense of belonging.
10. Communicating Your Vision: Grant Writing in the Creative Sector – Grant writing is tough and
it’s common for artists to feel overwhelmed by the process. You know what you want to create but
how do you ensure that you are communicating that vision in a one-page grant proposal? In this
workshop we will use the Arts in Society letter of intent as a template for honing your grant writing
skills. This will be a hands-on session where you will have the opportunity to workshop a grant
proposal while learning about grant writing best practices.
KEY TAKEAWAYS:
1. “There are so many success stories, and each community approach is authentic and there’s no
cookie cutter approach that works for everyone.”
2. “The challenge of expectations management and we cannot make this ‘all things to all people.’”
3. “It was inspirational to see the towns that have ‘come before us’ share their stories of success and
losses, and how they use those teachings to better their missions.”
4. “Government funding is being passed along to assist with the growth of culture, arts, and special
events activations in Colorado communities. This shows that the ‘powers that be’ are listening to
the creative sector on the needs and wants of their own communities.”
5. “As we start to provide more events/arts to the community it is important to remember that it will not
happen overnight, and it is a continuous effort that needs to be nurtured. Do not just try something
and set it aside as a failure – keep growing/evolving it based on the feedback we receive from the
community.”
6. “It is worth noting that the Town is already excelling in several areas, like murals, sculptures, and
painting projects in place. Continuing these programs while adding diversity and community
engagement will elevate our cultural offerings to the next level.”
7. “Success will reply in part to the funding policies approved through Council, strong non-profit
partners, successful grant applications, engaged business and resident community. Success will
breed success.”
8. “The best outcomes seem to be when there is support and collaboration from the Town/City,
private donors, grants, and arts non-profits involved in the creation and sustainability aspects of
these projects. It takes a village to make a happy vibrant village.”
9. “The opportunities other communities have enjoyed at the intersection of art and transportation is
amazing. This makes me think of the railroad and what Avon could create in and alongside the
tracks.”
10. “Pueblo started their creative journey in the 70’s through private individuals who had a passion for
the arts. It’s taken over 60 years to get where they are today.”
11. “My overall take away from the conference was the importance in translating intellectual curiosity
into critical thinking skills and how intellectual curiosity can be inspired through art.”
12. “From the grant writing session, my takeaway was that you do not have to apply for everything as
some grants will not reflect what your organization stands for or needs. A lot of organizations will
bend the types of programming or activations to meet the needs of the grants vs. ensuring the
needs of the community are being met.”
13. “My primary takeaway is that we are underutilizing current opportunities and spaces that could
support art and culture.”
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14. “The state of Colorado while having made huge strides, is 46th in the nation for the amount of funds
spent in the creative space.”
15. “Initiating and funding arts and culture programs for our students is essential.”
16. “There are numerous spaces in Avon that could host arts and culture programming for adults and
children, such as the library, rec center, local businesses, and Nottingham Park.”
17. “By defining a clear mission statement for our arts and culture programs, we can better educate
and enrich our community.”
18. “I would like to see more diversity in our programming to reach and resonate with a broader
audience. By incorporating multicultural festivals, international film screenings, and diverse culinary
events we can celebrate the rich tapestry of cultures within our community.”
19. “Another area of focus should be on the healing arts, which our community desperately needs. I
encourage the Town to be bold in promoting the healing arts, creating a supportive environment
where all community members can benefit from these holistic practices.”
20. “We have an opportunity to use art in the round-abouts to assist in public safety.”
21. “Our free buses are also an art opportunity to encourage public transportation and enhance our
cultural identity.”
22. “If we want to be an art community, we have to facilitate a space for artists and use the old fire
station as a makers space/space to create.”
23. “The fire station needs to be revamped into a makers space by all the committees: CASE (first &
foremost), PZC as it relates to zoning, DDA as it is in the DDA boundary and H&R as art can be
therapeutic and a form of health/healing etc.”
24. “I liked that Ridgway started with a ‘needs assessment.’”
25. “How can we support the traditions and culture in our community?”
26. “Do all populations have a voice in our arts and culture development?”
ECONOMIC ACTIVITY STUDY: Another key takeaway and important to mention, is the Economic Impact
Study done by the Colorado Business Committee for the Arts (“CBCA”) briefly outlined and discussed
during the opening “Coffee Chat with the CCI Director”. During this discussion, they offered analytics about
economic activity generated by the cultural sector in the Metro Denver area. Featured below are several
highlights from that report.
1. The state of Colorado employed 13,551 more people in the cultural sector in 2022. This is a 39.9%
increase from 2020.
2. Denver Metro area cultural events saw 12.9 million attendees in 2022. This was a 65% increase
over 2020 but has not yet fully recovered to pre-pandemic levels. 3. Philanthropic giving to the arts, culture and scientific organizations saw a 30.6% increase over
2020 that brought $294 million to organizations throughout the state.
4. Arts education reached 3.8 million students in 2022, a 65.6% increase over 2020.
5. $654 million dollars impacted the cultural tourism economy in 2022, a 143.5% increase from 2020.
6. Colorado ranks 46th out of 50 states in per capita spending on arts and culture despite having
significantly higher rates of attendance at arts and culture events in comparison to the rest of the
nation. We learned that we need to act and advocate for the arts through legislative sessions and
through partnerships and philanthropy.
7. As of 2021, Colorado’s Arts and Culture sector is a $16.9 billion dollar industry representing 3.9%
of the state’s GDP. The sector includes 102,383 jobs accounting for 3.6% of Colorado’s workforce.
8. Arts and cultural economic activity accounts for 4.3% of the nation's GDP.
Thank you, Mike.