TC Packet 08-28-2018 Updated TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 28, 2018
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
1
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3)
COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW)
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. 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.
4. WORK SESSION
4.1. PRESENTATION AND REVIEW OF 2018 TOWN OF AVON COMMUNITY SURVEY DRAFT REPORT
(ADAM PROBOLSKY, PROBOLSKY RESEARCH) (45 MINUTES)
5. ACTION ITEMS
5.1. PUBLIC HEARING SECOND READING ORDINANCE 18-07, ADOPTING THE AVON COMMUNITY HOUSING PLAN
(PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES)
5.2. PUBLIC HEARING SECOND READING ORDINANCE 18-08, ADOPTING A NEW CHAPTER 5.10 OF TITLE 5 OF THE
AVON MUNICIPAL CODE ESTABLISHING LICENSING OF TOBACCO RETAILERS
(DEPUTY TOWN MANAGER PRESTON NEILL) (35 MINUTES)
5.3. RESOLUTION 18-12, SUBMITTING TO THE ELECTORATE OF THE TOWN OF AVON, DURING THE NOVEMBER 6,
2018 GENERAL ELECTION, A QUESTION SEEKING AUTHORITY TO INCREASE TAXES ON THE SALE OF CIGARETTES
AND OTHER TOBACCO AND NICOTINE PRODUCTS (DEPUTY TOWN MANAGER PRESTON NEILL)
(25 MINUTES)
5.4. PUBLIC HEARING SECOND READING OF ORDINANCE 18-15, AMENDING SECTION 3.08.037 OF THE AVON
MUNICIPAL CODE TO EXTEND A TEMPORARY SALES TAX CREDIT FOR THE INSTALLATION OF RENEWABLE
ENERGY PRODUCTION COMPONENTS (DEPUTY TOWN MANAGER PRESTON NEILL) (10 MINUTES)
5.5. PUBLIC HEARING SECOND READING ORDINANCE 18-16, AMENDING CHAPTER 10.36 OF THE AVON MUNICIPAL
CODE TO ENACT REGULATIONS FOR BICYCLES APPROACHING INTERSECTIONS (TOWN ATTORNEY ERIC HEIL)
(10 MINUTES)
5.6. AUTHORIZATION TO ISSUE NOTICE OF AWARD FOR INSTALLATION OF SIDEWALKS ALONG WEST BEAVER CREEK
BOULEVARD AT THE RAILROAD CROSSING (TOWN ENGINEER JUSTIN HILDRETH) (15 MINUTES)
5.7. REVIEW AND DIRECTION ON ALLOCATION TARGET FOR THE 2019 TOWN OF AVON COMMUNITY GRANT
PROGRAM (DEPUTY TOWN MANAGER PRESTON NEILL) (15 MINUTES)
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 28, 2018
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
___________________________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
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5.8. CONSENT AGENDA (5 MINUTES)
5.8.1. APPROVAL AND AUTHORIZATION FOR THE MAYOR TO SIGN THE LETTER OF SUPPORT FOR CDOT AND
THE FHWA EFFORTS TO EVALUATE VAIL PASS SAFETY IMPROVEMENTS AND WATER QUALITY
ENHANCEMENTS (MAYOR PRO TEM SARAH SMITH HYMES)
5.8.2. APPROVAL OF MINUTES FROM JULY 24, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
5.8.3. APPROVAL OF MINUTES FROM AUGUST 14, 2018 COUNCIL MEETING
(DEPUTY TOWN MANAGER PRESTON NEILL)
6. WRITTEN REPORTS
6.1. NOTTINGHAM PARK ACTIVITY AND ENFORCEMENT (TOWN STAFF)
6.2. UPDATE ON MENTAL HEALTH SERVICES IN EAGLE COUNTY (POLICE CHIEF GREG DALY)
6.3. ABSTRACT FROM AUGUST 21, 2018 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
6.4. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON)
7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES)
8. EXECUTIVE SESSION (60 MINUTES)
8.1. FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS,
DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E)
REGARDING THE TOWN ATTORNEY
8.2. FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING A
PUBLIC RECORDS REQUEST AND POTENTIAL LEGAL CLAIMS AGAINST THE TOWN UNDER C.R.S. §24-6-402(2)(B)
9. ADJOURNMENT
_________________________________________________________________________________________________________________________________________________________________________________________________________ *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.
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 28, 2018
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
3
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. RENEWAL OF LIQUOR LICENSES
4.1. APPLICANT: R&E ENTERPRISE LLC D/B/A GONDOLA PIZZA
LOCATION: 240 CHAPEL PLACE #113
TYPE: HOTEL AND RESTAURANT
MANAGER: CLAUDIU POPA
4.2. APPLICANT: CHAIR FOUR LLC D/B/A VIN 48
LOCATION: 48 E. BEAVER CREEK BLVD.
TYPE: HOTEL AND RESTAURANT
MANAGER: COLIN BAUGH
5. REPORT OF CHANGE – MODIFICATION OF PREMISES
5.1. A PPLICANT: WALMART INC. D/B/A WALMART STORE #1199
LOCATION: 171 YODER AVE.
MANAGER: SAMUEL POTHIER
6. APPROVAL OF THE MINUTES FROM JULY 24, 2018 MEETING
7. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairwoman Fancher called the meeting to order at 5:01 p.m. A roll call was taken and Board members
present were Megan Burch, Amy Phillips, Jake Wolf and Scott Prince. Matt Gennett was absent. Sarah
Smith Hymes appeared remotely. Also present were Acting Town Manager Scott Wright, Town Attorney
Eric Heil, Deputy Police Chief Coby Cosper, Planning Director Matt Pielsticker, Human Resources Director
Lance Richards, Deputy Town Manager Preston Neill and Secretary Debbie Hoppe.
2. APPROVAL OF AGENDA
There were not changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No public comments were made.
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
Start time: 01:03
4.1. Applicant: Look Ma Enterprises LLC d/b/a Loaded Joe’s
Current Owner: Nova Entertainment LLC d/b/a Loaded Joe’s
Address: 820 E. Beaver Creek Blvd. #104
New Owner: Jodi Ullmann
New Manager: Liz Frey
Type: Hotel and Restaurant License
Chairwoman Fancher opened the public hearing and no comments were made. Liz Frey was present to
answer any questions.
Board member Phillips moved to approve the transfer of ownership application for Look Ma Enterprises
LLC d/b/a Loaded Joe’s. Board member Wolf seconded the motion and it passed with a vote of 5. Board
member Gennett was absent. Vice Chairwomen Smith Hymes appeared remotely and abstained from
the vote.
5. PUBLIC HEARING SPECIAL EVENTS PERMIT
Start time: 03:04
5.1. Applicant Name: Vail Valley Charitable Fund
Event Name: Bec Sprint & Major League Triathlon
Event Dates: August 4, 2018; 12:00 pm until 8:00 pm
Location: Nottingham Park
Event Manager: Brooke Skjonsby
Permit Type: Malt, Vinous & Spirituous Liquor
Chairwoman Fancher opened the public hearing and no comments were made. Brooke Skjonsby was
present to answer any questions.
Board member Gennett arrived at 5:05 p.m.
Board member Phillips moved to approve the special event permit for Vail Valley Charitable Fund Bec
Sprint & Major League Triathlon on August 4, 2018. Board member Wolf seconded the motion and it
passed unanimously by Board members present. Vice Chairwomen Smith Hymes appeared remotely and
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 2
abstained from the vote.
5.2. Applicant Name: Vail Valley Soccer Club
Event Name: Lake Street Market
Event Dates: August 8, 15, 22 & 29, 2018 and September 5 & 12, 2018; 4:00 pm until 10:00 pm
Location: One Lake Street
Event Manager: Derick George
Permit Type: Malt, Vinous & Spirituous Liquor
Chairwoman Fancher opened the public hearing and no comments were made. Derick George was
present to answer any questions.
Board member Phillips moved to approve the special event permit application for the Vail Valley Soccer
Club Lake Street Market on August 8, 15, 22 & 29, 2018 and September 5 & 12, 2018 with the added
insurance that on August 8th the liquor boundary on the soccer field be reduced, so not to be in conflict
with existing liquor license for Dancing in the Park. Board member Prince seconded the motion and it
passed unanimously by Board members present. Vice Chairwomen Smith Hymes appeared remotely and
abstained from the vote.
6. APPROVAL OF THE MINUTES FROM JULY 10, 2018 MEETING
Start time: 13:12
Board member Phillips moved to approve the minutes from the July 10, 2018 Liquor Authority meeting.
Board member Prince seconded the motion and it passed unanimously by Board members present. Vice
Chairwomen Smith Hymes appeared remotely and abstained from the vote.
7. ADJOURNMENT
There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the
liquor meeting. Board member Wolf seconded the motion and it passed unanimously by Board members
present. Vice Chairwomen Smith Hymes appeared remotely and abstained from the vote. The time was
5:15 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Secretary
APPROVED:
Jennie Fancher ______________________________________
Sarah Smith Hymes ______________________________________
Jake Wolf ______________________________________
Megan Burch ______________________________________
Matt Gennett ______________________________________
Scott Prince ______________________________________
Amy Phillips ______________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Deputy Town Manager
Meeting Date: August 28, 2018
Topic: PRESENTATION AND REVIEW OF 2018 TOWN OF AVON COMMUNITY SURVEY DRAFT REPORT
SUMMARY:
The Town of Avon conducted a community survey this summer to gauge citizen and business opinion
regarding services, activities and direction of the Town. After a competitive bid and interview process,
Probolsky Research, a firm that specializes in municipal government opinion research, was selected as the
consultant group to develop and conduct the 2018 Town of Avon Community Survey. Staff worked with
Adam Probolsky, President of Probolsky Research to develop the themes and essential questions for the
residential survey instrument, as well as the business survey instrument. The 2015 Town of Avon Community
Survey was utilized for much of the survey to allow for comparison of responses from several years ago to
the present. The Town of Vail’s recent community survey and key workforce housing questions from the
Eagle County survey were also reviewed, for relevant opportunities for comparison.
The 2018 Town of Avon Community Survey was launched on June 21st and closed on August 19th. Probolsky
Research’s multi-mode research approach involved calling respondents on their landline and mobile
phones and emailing invitations to respondents online. Respondents were provided the option to
complete their survey in English and Spanish via telephone and online options. Their sample was developed
from publicly available consumer databases, United States Postal Service mailing addresses and voter files.
Probolsky Research applies a stratified random sampling methodology to ensure that the demographic
proportions of survey respondents match, to the extent possible, the demographic composition of Avon
residents.
On July 16th and August 6th, Probolsky Research mailed out “reminder” postcards to residents to increase
participation levels. Each postcard contained a survey code unique to the resident who received the
postcard, and prompted the resident to visit the URL provided on the postcard to access the survey. Once
residents accessed the survey online via the URL provided on the postcard, residents had to enter their
survey code to begin taking their survey. As another way to increase participation, the consultant texted
reminders to residents for whom they had mobile phone numbers.
In total, Probolsky Research received 438 completed surveys (355 completed residential surveys and 83
completed business surveys).
At Tuesday’s Council meeting, Adam Probolsky will present an overview of the survey process and the
attached draft reports. Attachment A contains the initial results of the residential survey, while Attachment
B contains the initial results of the business survey. A much more robust and comprehensive report is in the
works and will be submitted to the Town in the coming weeks. The final report will include an executive
summary, a detailed analysis, cross tabulations, key findings, and verbatim responses with demographic
overlay.
ATTACHMENT:
Attachment A – 2018 Town of Avon Community Survey – Residential Survey Results
Attachment B – 2018 Town of Avon Community Survey – Business Survey Results
2018 Town of Avon Community
Survey
Residential Survey
August 28, 2018
Opinion Research on
Elections and Public Policy
Probolsky Research3990 Westerly Place Suite 185
Newport Beach CA 92660
Newport Beach (949) 855-6400San Francisco (415) 870-8150
Washington DC (202) 559-0270
1
Town of Avon –2018 Community Survey
Survey Methodology*
From Thursday, June 21, 2018 to Sunday, August 19, 2018, Probolsky Research conducted a live-interviewer telephone and online survey among Town of Avon residents.
A total of 355 voters were surveyed (159 by telephone and 196 online). A survey of this size yields a margin of error of +/-5.6%. Interviews were conducted with respondents on
both landline and mobile phones (32.1%) and were offered in English and Spanish (1.4%) languages. For the online survey phase, we invited participation via email and an over-
sized postcard mailed twice to all Town residents. Security measures precluded individuals from completing the survey more than once and allowed only the designated resident
to complete the survey. Online respondents were able to use their computer, tablet or smart phone to participate.
Our sample was developed from publicly available consumer databases, United States Postal Service mailing addresses and voter files. Probolsky Research applies a stratified
random sampling methodology to ensure that the demographic proportions of survey respondents match, to the extent possible, the demographic composition of Avon
residents.
What follows are the initial results of the survey. A much more robust and comprehensive report is in the works and will be submitted to the Town in the coming weeks. The final
report will include an executive summary, a detailed analysis, cross tabulations, key findings, and verbatim responses with demographic overlay.
Probolsky Research specializes in opinion research on behalf of corporate, election, non-profit, and special interest clients.
*Due to rounding, totals shown on charts may not add up to 100%
2
Residency Status
90.4% say they are year-round residents of Avon
9.6% are seasonal/part-time residents
Question 1: Are you a resident of the Town of Avon (either year-round or seasonal)? Would you say that you are a year-round resident (11 months or more per
year) or a seasonal/part-time resident/second homeowner?
90.4%
9.6%
Year-round (11 months or more per year)Seasonal/Part time/Second homeowner
3
4
Primary zip codes of part-time residents
Question 2: What is the zip code of your primary residence?
26.7%
6.7%
6.7%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
3.3%
81620
44202
99999
20817
22903
32550
43074
60004
67206
75219
75225
78701
78704
80023
80206
80219
80235
80634
81506
86406
Other
*ASKED IF ANSWERED “SEASONAL/PART TIME” TO Q1
37.7% of respondents live in Wildridge/Wildwood
Areas
Question 3: In what area of Town do you reside in?
1.4%
14.9%
1.4%
2.0%
2.0%
2.3%
5.6%
6.5%
9.6%
16.6%
37.7%
Unsure
Other
Mountain Star Area
East Commercial & Residential Core Area (such as Chapel Square,
Benchmark Plaza, Christie Lodge, Avon Plaza)
Aspens Mobile Home Village/Westlake Village Areas
Swift Gulch Road/Traer Creek Areas (such as Buffalo Ridge Apartments)
West Commercial & Residential Core Area (such as The Seasons at Avon,
Lodge at Avon Center, Sheraton, Comfort Inn)
Hurd Lane/Eaglebend Areas
Nottingham Road/Metcalf Road Areas
Nottingham Park/Sunridge/Liftview/Brookside Areas
Wildridge/Wildwood Areas
5
Other areas of residency cited by respondents
Include Eagle Vail and West Beaver Creek
Question 3: In what area of Town do you reside in? [Other]
1.9%
1.9%
1.9%
3.8%
3.8%
5.7%
22.6%
37.7%
Eimon
Wild
Refused/NA/No Comment
Eagle Bend Drive
Avon
Bachelor Ridge Rd
West Beaver Creek
Eagle Vail
*ASKED IF ANSWERED “OTHER” TO Q3
6
7
Majority of respondents live in zip code 81620
Question 4: What is the zip code of your primary residence?
97.5%
0.6%
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
81620
81657
23227
81062
81260
81612
81631
81645
*ASKED IF ANSWERED “YEAR-ROUND” TO Q1
8
Is Avon Going in the Right Direction?
41.7% say Avon is moving in the right direction
20.8% say the Town is moving in the wrong direction
Question 5: Do you think that the Town of Avon is going in the right direction, or is the Town of Avon going in the wrong direction?
41.7%
20.8%
37.5%
Right direction Wrong direction Unsure
9
10
37.5%
45.2%
28.6%
40.0%
50.8%
43.2%
33.3%
30.2%
38.3%
38.1%
41.8%
27.7%
35.2%
33.4%
32.3%
16.5%
33.3%
18.2%
21.5%
21.6%
33.3%
Male
Female
18-29
30-39
40-54
55-64
65 and over
Right direction
Unsure
Wrong direction
Right direction Wrong direction
Responses across age and gender
Question 5: Do you think that the Town of Avon is going in the right direction, or is the Town of Avon going in the wrong direction?
11
61.5%
42.8%
100.0%
30.8%
38.2%
7.7%
19.0%
100.0%
Latino/Hispanic
White/Caucasian
Native American
Asian
Right direction
Unsure
Wrong direction
Right direction Wrong direction
Responses across ethnicity
Question 5: Do you think that the Town of Avon is going in the right direction, or is the Town of Avon going in the wrong direction?
12
28.6%
55.0%
35.6%
28.6%
52.9%
35.8%
60.0%
60.9%
50.0%
57.1%
15.0%
40.7%
57.1%
29.5%
38.8%
40.0%
30.4%
37.5%
14.3%
30.0%
23.7%
14.3%
17.6%
25.4%
8.7%
12.5%
East Commercial & Residential Core Area
West Commercial and Residential Core Area
Notthingham Park/Sunridge/Liftview/Brookside Areas
Aspens Mobile Home Village/Westlake Village Areas
Nottingham Road/Metcalf Road Area
Wildridge/Wildwood Areas
Mountain Star Area
Hurd Lane/Eaglebend Areas
Swift Gulch Road/Traer Creek Areas
Right direction
Unsure
Wrong direction
Right direction Wrong direction
Responses across area
Question 5: Do you think that the Town of Avon is going in the right direction, or is the Town of Avon going in the wrong direction?
Participants cite positive changes/improvements
And focusing on citizens as top reasons why Avon is moving in the right direction
Question 6: Why do you feel the Town is going in the right direction?
0.7%
4.1%
0.7%
1.4%
2.0%
2.0%
3.4%
4.7%
6.8%
7.4%
7.4%
10.8%
22.3%
26.4%
Don't Know/Unsure
Other
Spending On Priorities
Bag Ban
Nice Place To Live
Clean/Pretty
Events/Activities
Leadership/Council
Road Improvements
Parks
Bike Friendly
Businesses/Development
Focusing On Citizens/Community
Positive Changes/Improvements
*ASKED IF ANSWERED “RIGHT DIRECTION” TO Q5
13
Participants cite misappropriation of spending
As the top reason why Avon is moving in the wrong direction
Question 7: Why do you feel the Town is going in the wrong direction?
*ASKED IF ANSWERED “WRONG DIRECTION” TO Q5
14.9%
1.4%
1.4%
2.7%
2.7%
4.1%
6.8%
6.8%
8.1%
14.9%
36.5%
Other
Building Permits
Refused/NA/No Comment
Too Liberal
Too Much Regulation
Too Urbanized
Street/Sidewalk Construction
Unaffordable
Changes Not Benefitting Residents
Lack Of Leadership/Plan
Misappropriation of Spending
14
15
Sources for News and Information
16
Question 8: What are your top sources for news and information about the Town of Avon? Pick three.
69.0%
40.8%
31.8%
25.9%
22.0%
18.0%
10.4%
2.0%
11.8%
11.3%
Newspaper
Banners and other informational signage
Social media platforms such as Facebook, Nextdoor, and Twitter
Local radio
Emails from the Town
A website or blog
Local television
Something else
Nothing
Unsure/Refused
Newspapers are resident’s top sources for news
About the Town
17
93.9%
1.2%
0.8%
0.4%
0.4%
2.4%
0.9%
Vail Daily
New York Times
Denver Post
The Eagle County
Business Briefs
Other
None
93.9% say their top newspaper source is Vail Daily
Question 8: What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “NEWSPAPER”]
KYZR/97.7/Zephyr is the top cited local radio station
18
38.0%
7.6%
6.5%
6.5%
6.5%
5.4%
4.3%
3.3%
2.2%
2.2%
1.1%
1.1%
1.1%
1.1%
12.0%
4.4%
KZYR/97.7/Zephyr
104.7
Minturn Radio
Colorado Public Radio
The Mile
97.7
KSKI
95.3
NPR
101.7
KSKY
PBS
93.1
KVMT
Other
Don’t know/Unsure/No/None
Question 8: What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “LOCAL RADIO”]
TV8 is respondents top local television station
19
59.5%
10.8%
8.1%
5.4%
2.7%
2.7%
2.7%
3.7%
5.4%
TV8
High Five/Channel 5
News8
CBS
Whole
KUSA
2
Other
Don’t know/Unsure/Refused
Question 8: What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “LOCAL TELEVISION”]
53.1% say their top website or blog news source is Avon.org
20
53.1%
20.3%
9.4%
1.6%
1.6%
1.6%
10.9%
1.5%
Avon.org
Valedaily.com
Facebook
Dec
Google
Safari
Other
Refused/No comment
Question 8: What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “A WEBSITE OR BLOG”]
Majority say their top social media news source is
Facebook
21
91.2%
3.5%
1.8%
1.8%
0.9%
0.8%
Facebook
Instagram
Twitter
Other
No/None
Refused/No comment
Question 8: What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “SOCIAL MEDIA PLATFORMS”]
Other news sources cited include word of mouth
And town council
22
46.7%
15.6%
6.7%
4.4%
4.4%
4.4%
2.2%
2.2%
4.4%
8.9%
Word of mouth/Neighbors
Town Council
Observation
Internet
Driving Through Town
Mail
Eagle County Classifieds
My Clients
Other
Don’t know/Unsure/Refused
Question 8: What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “SOMETHING ELSE”]
23
Satisfaction with Information from
Town Government
24
46.2% are satisfied with Town provided information
31.3% are not satisfied with the information provided by the Town Government
Question 9: Are you satisfied or unsatisfied with the information the Town government provides to residents? And would you say that you are very (satisfied/unsatisfied)
or somewhat (satisfied/unsatisfied)?
46.2%
31.3%
22.5%
Satisfied Unsatisfied Unsure
25
Among those who are satisfied: 16.3% are very satisfied
8.7% are very unsatisfied
Question 9: Are you satisfied or unsatisfied with the information the Town government provides to residents? And would you say that you are very (satisfied/unsatisfied)
or somewhat (satisfied/unsatisfied)?
16.3%8.7%
29.9%
22.5%
Satisfied Unsatisfied
Very satisfied
Somewhat satisfied
Very unsatisfied
Somewhat unsatisfied
26
50.0%
46.1%
61.9%
41.8%
47.7%
48.6%
48.5%
11.5%
27.8%
14.3%
30.9%
16.9%
21.7%
12.1%
38.5%
26.1%
23.8%
27.3%
35.4%
29.7%
39.4%
Male
Female
18-29
30-39
40-54
55-64
65 and over
Satisfied
Unsure
Unsatisfied
Satisfied Unsatisfied
Responses across gender and age
Question 9: Are you satisfied or unsatisfied with the information the Town government provides to residents? And would you say that you are very (satisfied/unsatisfied)
or somewhat (satisfied/unsatisfied)?
27
61.5%
45.8%
100.0%
7.7%
23.8%
30.8%
30.4%
100.0%
Latino/Hispanic
White/Caucasian
Native American
Asian
Satisfied
Unsure
Unsatisfied
Satisfied Unsatisfied
Responses across ethnicity
Question 9: Are you satisfied or unsatisfied with the information the Town government provides to residents? And would you say that you are very (satisfied/unsatisfied)
or somewhat (satisfied/unsatisfied)?
28
57.1%
65.0%
35.6%
28.6%
52.9%
45.5%
60.0%
47.8%
37.5%
28.6%
10.0%
22.0%
28.5%
23.6%
20.9%
20.0%
34.8%
50.0%
14.3%
25.0%
42.4%
42.9%
23.5%
33.6%
17.4%
12.5%
East Commercial & Residential Core Area
West Commercial and Residential Core Area
Notthingham Park/Sunridge/Liftview/Brookside Areas
Aspens Mobile Home Village/Westlake Village Areas
Nottingham Road/Metcalf Road Area
Wildridge/Wildwood Areas
Mountain Star Area
Hurd Lane/Eaglebend Areas
Swift Gulch Road/Traer Creek Areas
Satisfied
Unsure
Unsatisfied
Satisfied Unsatisfied
Responses across area
Question 9: Are you satisfied or unsatisfied with the information the Town government provides to residents? [RECORD] [IF SATISFIED OR UNSATISFIED>>>] And would
you say that you are very (satisfied/unsatisfied) or somewhat (satisfied/unsatisfied)?
29
Resident Ratings of The Public Works
Department
30
82.0% rate park maintenance as Excellent/Good
Question 10: How would you rate the park maintenance in the Town of Avon?
32.1%
49.9%
11.5%
2.3%2.5%1.7%
Excellent Good Fair Poor Very poor Unsure
82.0%
52.0%
32.0%35.0%
49.9%
8.0%11.5%
1.0%2.3%
0.0%2.5%
2015 2018
Excellent
Good
Fair
Poor
Very poor
31
59.4% rate road & street maintenance as Excellent/Good
Question 11: How would you rate the road and street maintenance by the Town of Avon, such as filling potholes, sweeping, and drainage?
17.7%
41.7%
25.6%
8.2%6.8%
0.0%
Excellent Good Fair Poor Very poor Unsure
59.4%
40.0%
16.7%
42.0%41.7%
12.0%
25.6%
2.0%
8.2%
1.0%
6.8%
2015 2018
Excellent
Good
Fair
Poor
Very poor
32
87.9% rate snow removal as Excellent/Good
Question 12: How would you rate the snow removal on Town of Avon roads?
42.8%45.1%
8.7%
0.3%0.8%2.3%
Excellent Good Fair Poor Very poor Unsure
87.9%
51.0%
42.8%38.0%
45.1%
6.0%8.7%
2.0%
0.3%1.0%0.8%
2015 2018
Excellent
Good
Fair
Poor
Very poor
33
77.2% rate path & trail maintenance as Excellent/Good
Question 13: How would you rate the paths and trails maintenance in the Town of Avon?
27.9%
49.3%
12.4%
3.7%2.3%4.4%
Excellent Good Fair Poor Very poor Unsure
77.2%
Suggestions for improvement for Public Works services
34
5.1%
4.8%
3.9%
3.4%
3.4%
3.1%
3.1%
3.1%
2.5%
2.3%
2.0%
2.0%
2.0%
1.4%
1.4%
1.1%
1.1%
0.8%
0.6%
0.6%
0.6%
0.6%
0.3%
0.3%
0.3%
13.8%
34.4%
2.0%
Bike path maintenance
Pedestrian crossing light/Pedestrian friendly
Faster construction completion
Road/Construction signage
Clear snow more promptly
More/Better maintenance
Maintenance timming
Unecessary maintenance
Parking
Stop traffic disruption
Take better care of roads
More trash cans
Park improvement
Mud drainage/Drainage
Weed removal/control
Need more employees
More/Improved park trails
Stop road changes
More polite staff
Fenced dog parks
Improve recycling
Improve plow maintenance
School alerts
Register/Insure bikes
Faster response for public safety
Other
No/None
Don’t know/Unsure/Refused
Question 14: Do you have any suggestions on how the Public Works Department can improve its services?
35
Resident Ratings of The Recreation
Department
36
63.7% say the Recreation Center/pool is Excellent/Good
Question 15: How would you rate the Recreation Center facility and pool?
24.5%
39.2%
12.7%
2.5%0.8%
20.3%
Excellent Good Fair Poor Very poor Unsure
63.7%
34.0%
24.5%
39.2%
20.0%
12.7%
4.0%2.5%1.0%0.8%
2015 2018
Excellent
Good
Fair
Poor
Very poor
37
48.5% say the Recreation Department Programs are
Excellent/Good, while 38.0% are unsure.
Question 16: How would you rate the Recreation Department programs at the Recreation Center?
14.4%
34.1%
11.3%
1.4%0.8%
38.0%
Excellent Good Fair Poor Very poor Unsure
48.5%
28.0%
14.4%
33.0%34.1%
23.0%
11.3%
4.0%1.4%1.0%0.8%
2015 2018
Excellent
Good
Fair
Poor
Very poor
Suggestions for Improvement for the Recreation Dept.
38
Question 17: Do you have any suggestions on how the Recreation Department can improve its programs and facilities?
9.3%
6.2%
6.2%
5.6%
3.9%
2.0%
1.7%
1.7%
1.1%
1.1%
0.8%
0.3%
0.3%
0.3%
0.3%
9.6%
44.5%
5.1%
More programs
Remodeling/Expansion
Lower prices
Update pool
More advertisement/Information
Gym Equipment
Cleanliness
Parking
Ice skating on the lake
Off leash dog park
Public washrooms
Need more employees
Have a solid plan
Childcare
More bike trails
Other
No/None
Don’t know/Unsure/Refused
39
Perceptions of Safety in Avon
40
Large majority feel safe in their neighborhood
Question 18: Overall, how safe do you feel in your neighborhood?
94.1%
2.0%3.9%
Safe Unsafe Unsure
41
Among those who feel safe: 74.1% feel very safe
Question 18: Overall, how safe do you feel in your neighborhood?
74.1%
0.3%
20.0%
1.7%
Safe Unsafe
Very safe
Somewhat safe
Very unsafe
Somewhat unsafe
62.0%74.1%
31.0%20.0%
6.0%1.7%1.0%0.3%
2015 2018
Very safe
Somewhat safe
Somewhat unsafe
Very unsafe
42
93.8%
92.2%
85.7%
94.5%
92.3%
89.2%
100.0%
3.1%
6.1%
14.3%
1.9%
4.6%
8.1%
3.1%
1.7%
3.6%
3.1%
2.7%
Male
Female
18-29
30-39
40-54
55-64
65 and over
Safe
Unsure
Unsafe
Safe Unsafe
Responses across gender and age
Question 18: Overall, how safe do you feel in your neighborhood?
43
100.0%
94.8%
100.0%
100.0%
3.2%2.0%
Latino/Hispanic
White/Caucasian
Native American
Asian
Safe
Unsure
Unsafe
Safe Unsafe
Responses across ethnicity
Question 18: Overall, how safe do you feel in your neighborhood?
44
85.7%
100.0%
91.5%
85.7%
91.2%
96.3%
100.0%
95.7%
87.5%
5.1%
14.3%
8.8%
1.5%
4.3%
12.5%
14.3%
3.4%
2.2%
East Commercial & Residential Core Area
West Commercial and Residential Core Area
Notthingham Park/Sunridge/Liftview/Brookside Areas
Aspens Mobile Home Village/Westlake Village Areas
Nottingham Road/Metcalf Road Area
Wildridge/Wildwood Areas
Mountain Star Area
Hurd Lane/Eaglebend Areas
Swift Gulch Road/Traer Creek Areas
Safe
Unsure
Unsafe
Safe Unsafe
Responses across area
Question 18: Overall, how safe do you feel in your neighborhood?
45
Satisfaction With Police Services
46
82.0% say they are satisfied with Avon police services
Question 19: Please rate your overall satisfaction with the police services in the Town of Avon?
82.0%
10.1%7.9%
Satisfied Unsatisfied Unsure
47
Among those who are satisfied: 57.7% are very satisfied
Question 19: Please rate your overall satisfaction with the police services in the Town of Avon?
57.7%
3.9%
24.2%
6.2%
Satisfied Unsatisfied
Very satisfied
Somewhat satisfied
Very unsatisfied
Somewhat unsatisfied
39.0%
57.7%
3.0%
24.2%
6.0%6.2%
2.0%3.9%
2015 2018
Very satisfied
Somwhat satisfied
Somewhat unsatisfied
Very unsatisfied
48
Majority say there is the right amount of police patrol
Within the commercial, shopping, and dining center of Avon
Question 20: Do you believe there is too much police patrol, too little police patrol, or the right amount of police patrol within the commercial, shopping, and dining center of
Avon?
16.6%
7.9%
65.4%
10.1%
Too much police patrol Too little police patrol The right amount of police patrol Unsure
13.0%
16.6%
6.0%7.9%
62.0%65.4%
18.0%
10.1%
2015 2018
Too much police patrol
Too little police patrol
The right amount of police
patrol
Unsure/Don’t know
49
Majority say there is the right amount of police patrol
Outside the commercial, shopping, and dining center of Avon
Question 21: Do you believe there is too much police patrol, too little police patrol, or the right amount of police patrol outside the commercial, shopping, and dining center of
Avon?
16.1%13.5%
59.4%
11.0%
Too much police patrol Too little police patrol The right amount of police patrol Unsure
18.0%16.1%
9.0%
13.5%
54.0%59.4%
19.0%
11.0%
2015 2018
Too much police patrol
Too little police patrol
The right amount of police
patrol
Unsure/Don’t know
Suggestions for Improvement for the Police Department
50
Question 22: Do you have any suggestions on how the Police Department can improve its services ?
6.2%
5.9%
4.2%
3.7%
2.8%
2.5%
2.0%
2.0%
1.4%
1.1%
0.8%
0.8%
0.6%
0.6%
0.6%
0.3%
0.3%
6.8%
53.0%
4.2%
More street patrol
Control speeders
Change their priorities
Improve community relationships
Less visibility
Less tickets
Don’t feel safe
Increase visibility
Hire more officers/Experienced officers
Waiting outside bars
More bike riders
Illegal motorized vehicles
Disturving neighborhoods with sirens/Speed
Honesty when pulled over
Wildfire safety info
State patrol on I-70
Too friendly
Other
No/None
Don’t know/Unsure/Refused
51
Resident Ratings of the Community
Development Department
52
Majority say they have not used
The Community Development Department services
Question 23: If you have you used the services of the Community Development Department, how would you rate the service?
6.5%
15.2%
10.4%
3.1%3.7%
54.1%
7.0%
Excellent Good Fair Poor Very poor Have not used Unsure
Suggestions to improve the Community Development Dept.
53
Question 24: Do you have any suggestions on how the Community Development Department can improve its services?
6.1%
4.9%
3.7%
3.1%
3.1%
2.5%
2.5%
1.8%
1.8%
1.8%
1.2%
0.6%
0.6%
0.6%
15.3%
41.7%
8.5%
Notify residence of their plans
Encourage community involvement
Less development
Traffic slowing strategies
Stop wasting funds
Less permission/Restrictions on building
Zoning changes
Improvement opportunities
Improve landscape regulations
Need more staff
Approve trails
Less bias
Move to a new building
Fill vacant commercial spaces
Other
No/None
Don’t know/Unsure/Refused
54
Perceptions of Mobility Services
55
Majority say they do not use the Town’s free bus
Question 25: Do you use the free Town bus?
29.9%
70.1%
Yes No
56
Question 26: Why don’t you use the free Town bus?
35.7%
30.1%
12.0%
6.0%
4.8%
2.4%
1.6%
0.4%
0.4%
4.8%
0.4%
1.2%
I have my own transportation
Not available in my neighborhood/Wildridge
Don’t need it
Not convenient
Unsure of service (where, when)
Schedule doesn’t accommodate
Not frequent enough
Takes too long
No parking at bus stops
Other
No/None
Don’t know/Unsure
*ASKED IF ANSWERED “NO” TO Q25
Having transportation of their own is the top reason
Participants say they do not use free town bus
57
Question 27: How would you rate the frequency and dependability of the free Town bus?
*ASKED IF ANSWERED “YES” TO Q25
84.0% say Town bus frequency and dependability
Is Excellent/Good
28.3%
55.7%
13.2%
0.0%1.9%0.9%
Excellent Good Fair Poor Very poor Unsure
84.0%
58
Question 28: How would you rate the frequency and dependability of the free winter skier shuttle?
*ASKED IF ANSWERED “YES” TO Q25
68.9% say the winter skier shuttle frequency and
Dependability is Excellent/Good
25.5%
43.4%
13.2%
0.0%1.9%
12.3%
3.7%
Excellent Good Fair Poor Very poor Do not use Unsure
68.9%
59
Perceptions of the Bike Share Program
60
Question 29: How would you rate the availability and ease of use of the bike share program?
*ASKED IF ANSWERED “YES” TO Q25
Participants are largely unsure how they would rate
The availability and ease of use of the bike share program
7.0%
13.0%
6.8%2.8%2.0%
68.4%
Excellent Good Fair Poor Very poor Unsure
61
Majority say Avon is a pedestrian friendly town
59.7%
31.5%
8.8%
Yes No Unsure
Question 30: Is Avon a pedestrian friendly town?
62
Majority say Avon is a bike friendly town
63.7%
22.5%
13.8%
Yes No Unsure
Question 30: Is Avon a bike friendly town?
Suggestions for improving Mobility Department services
63
Question 32: Do you have any suggestions on how the Mobility Department can improve its services?
9.6%
5.9%
5.6%
3.7%
2.3%
2.0%
1.4%
1.4%
1.4%
1.4%
1.4%
1.1%
1.1%
0.8%
0.8%
0.8%
0.8%
0.6%
0.6%
0.6%
0.6%
0.6%
0.3%
0.3%
0.3%
11.5%
41.1%
1.9%
Improve safety for pedestrian/Bikes
Lights/More flashing lights at crossings/Roundabouts
Improve walking/Cycling paths in main commercial areas
More/Better bike paths and pedestrian paths
Roundabouts
More buses at night
Put a bus in Wildridge
Ski shuttle stops
More bike share stations
Post office location unsafe
Keep buses on schedule
Less pedestrian crosswalks
No more parking spaces
Too many cyclists
Improvement on West Beaver Creek
Street patterns are complicated
Make crosswalks consistent
Reduce traffic speed
More parking
More bus stops (general)
Limit vehicle access/Traffic
Pedestrian overpass
Bus stop at Eagle Vail
Make the railroad highline road
Flowers/vegetation
Other
No/None
Don’t know/Unsure/Refused
64
Events and Special Programs
65
56.6% say there are just about the right amount of events
In Avon
Question 33: Are there too many, just about the right amount, or not enough events in Avon?
10.4%
22.8%
56.6%
10.2%
Too many Not enough Just about the right amount Unsure
66
62.3% say they agree with the statement: “I support
The Town’s financial investment in events”
Question 34: Which statement matches your opinion on the Town’s investment in events?
62.3%
15.8%
11.0%11.0%
I support the Town's financial investment in
events
I oppose the Town's financial investment in
events
It does not matter to me Unsure
67
Support for Strategies to Increase
Workforce Housing in Avon
68
Question 35: Here is a list of strategies for increasing workforce housing in Avon. Please select the ones you support. Choose as many as you like, or none.
59.2%
57.5%
51.3%
50.4%
49.0%
40.6%
34.6%
5.1%
5.6%
Build workforce housing on vacant or underutilized town land
Allow homeowners to lease lock-offs (separate living spaces including a
kitchen and bathroom, within a home, but with a separate entrance)
Require new commercial developments to include workforce housing
Build workforce housing like in Miller Ranch
Require a percentage of new houseing units in all developments to be
reserved for workforce housing
Fast track workforce housing projects through the planning review process
Provide financing backed by the Town for workforce housing
None
Unsure
Strategies residents support for increasing workforce
Housing in Avon
69
Support for Short-Term Rentals
70
47.0% support short-term rentals in Avon
36.9% oppose short-term rentals
Question 36: Do you support or oppose short-term rentals in the Town of Avon?
47.0%
36.9%
16.1%
Support Oppose Unsure/Refused
44.0%47.0%
26.0%
36.9%
2015 2018
Support/Yes
Oppose/No
71
Question 37: Why do you support short-term rentals in your neighborhood?
*ASKED IF ANSWERED “SUPPORT” TO Q36
Residents say they support short-term rentals because
They bring income to homeowners
22.8%
18.0%
13.8%
12.0%
5.4%
3.0%
3.0%
1.8%
1.2%
1.2%
0.6%
0.6%
15.6%
1.0%
Brings income to homeowners/Pay mortgages
Should be owner's choice
Attracts tourists
Brings businesses/Good economy
More option for rental
Utlizes houses year round
Need affordable housing
Depends on the type area
Need a place for staff to live
Demand for this service
Brings diversity
Makes area more accessible
Other
Don’t know/Unsure/Refused
72
Question 38: Why do you oppose short-term rentals in your neighborhood?
*ASKED IF ANSWERED “OPPOSE” TO Q36
Residents oppose short-term rentals because they say
Renters do not maintain or care about the neighborhood
20.4%
20.4%
18.4%
17.3%
9.2%
4.2%
10.1%
Renters do not maintain or care about the neighborhood
Not community friendly
Unstable/Transient/Random neighbors
Affects locals
Parking/Traffic problems
Landowners not paying taxes
Other
73
Demographics
74
Respondent demographic breakdown
Length of time lived in Avon
4.2%
24.5%
30.1%
17.2%
23.4%
0.6%
Less than 1 year
1-5 years
6-15 years
15-20 years
More than 20 years
Not applicable
Question 39: How long have you lived within the Town of Avon?
75
Respondent demographic breakdown
Employment Status
67.0%
5.9%
18.9%
0.8%
1.1%
4.5%
1.8%
Full-time
Part-time
Retired
Unemployed and/or looking for work
Homemaker
Other
Refused
Question 40: Which of the following best describes your employment status?
76
Respondent demographic breakdown
Employment Location
41.6%
58.4%
In Avon
Other
Question 41: Where do you work?
[AMONG THOSE WHO WORK FULL-TIME]
*ASKED IF ANSWERED “FULL-TIME” TO Q40
77
Respondent demographic breakdown
Employment Location
38.1%
61.9%
In Avon
Other
Question 42: Where do you work?
[AMONG THOSE WHO WORK PART-TIME]
*ASKED IF ANSWERED “PART-TIME” TO Q40
78
Respondent demographic breakdown
Residence Type
76.1%
21.4%
1.4%
1.1%
Own
Rent
Other
Refused
Question 43: Do you own or rent your residence?
79
Respondent demographic breakdown
Household Income
5.1%
13.0%
16.9%
15.8%
23.7%
18.3%
7.2%
Less than $30,000
$30,000 to $49,000
$50,000 to $79,000
$80,000 to $99,000
$100,000 to $174,000
$175,000 or more
Unsure/Refused
Question 44: Which of the following categories best describes your total household income?
80
Respondent demographic breakdown
Ethnicity
3.7%
86.2%
0.3%
0.6%
2.0%
7.2%
Latino/Hispanic
White/Caucasian
Native American
Asian
Other
Refused
Question 45: Which of the following best describes your ethnic background?
81
Respondent demographic breakdown
Household Status
25.6%
40.8%
20.3%
0.8%
7.3%
5.2%
Single, no children
Couple, no children
Household with children living at home
Multiple families in one home
Other
Refused
Question 46: Which of the following categories best describes your household status?
82
What participants like best about Avon
19.7%
11.0%
9.0%
8.2%
5.9%
5.6%
4.8%
3.7%
3.1%
2.8%
2.3%
3.0%
2.0%
1.7%
1.7%
1.7%
1.1%
1.1%
1.1%
0.8%
0.3%
8.5%
1.1%
Proximity to other areas/Location
Many activities/Outdoor amenities
Natural park/River
Mountains/The view
Walking distance to everything
The size/Small
The community/People
Tranquil/Peaceful/Friendly
Convenience
Bike path
Affordability
Pretty/Beautiful
Wildridge
Safe
Clean
Affordable recreation
Likes everything
Open/Lots of space
No traffic
The markets i.e. Walmart
Working class
Other
Refused/No comment
Question 47: What do you like best about Avon?
83
Additional comments and suggestions
Question 48: Do you have any additional comments or suggestions regarding the Town of Avon?
5.4%
3.4%
3.1%
2.3%
2.0%
1.7%
1.4%
1.4%
1.4%
1.4%
1.1%
1.1%
1.1%
1.1%
Notify of events/More events
Manage the budget
Keep going in the right direction/Doing good
Attract new businesses
Stop the road work
Affordable housing
Fix beach parking/Parking
New mayor
Off leash dog park
Lower tax
Take care of locals
Nottingham park suggestions
Pedestrian safety
More paths
84
Additional comments and suggestions
Question 48: Do you have any additional comments or suggestions regarding the Town of Avon?
0.8%
0.8%
0.8%
0.8%
0.8%
0.8%
0.8%
0.6%
0.6%
0.6%
0.6%
0.6%
0.6%
0.6%
0.6%
0.3%
0.3%
0.3%
0.3%
23.4%
35.5%
1.7%
Reduce traffic speeds
More night buses
Fix roundabouts/Fix road system
More transparency/Notifying residents of changes
Flower comments
Restripping roads
Plastic bag ban
Housing common cooperation
Don’t destroy undeveloped land
Interstate is loud
Town needs a redesign
More facilities
Keep the Town quiet
Issue with post office
Safety in the Town
Drawing seasonal staff/Lodging for staff
Too liberal
Wildridge comments
Town center signage
Other
No/None
Refused/No comment
85
What Should Be Priority in Avon?
Optional Supplementary Questions
N=275
86
Large majority say environmental sustainability efforts
Should be a priority
Question 49: Environmental sustainability efforts (including reducing the volume of waste and recycling, programs to provide renewable energy, protecting wildlife habitat)?
And would you say that this should be a (high priority/not a priority at all) or should this be somewhat (a high priority/not a priority)?
82.2%
12.7%
5.1%
Priority Not a priority Unsure
87
Majority say environmental sustainability efforts
Should be a high priority
53.8%
7.3%
28.2%
5.5%
Priority Not a priority
High priority
Somewhat a high priority
Not a priority at all
Somewhat not a priority
Question 49: Environmental sustainability efforts (including reducing the volume of waste and recycling, programs to provide renewable energy, protecting wildlife habitat)?
And would you say that this should be a (high priority/not a priority at all) or should this be somewhat (a high priority/not a priority)?
88
Majority say actions to protect/enhance Eagle River
Should be a priority
Question 50: Actions to protect and enhance Eagle River? And would you say that this should be a (high priority/not a priority at all) or should this be somewhat (a high
priority/not a priority)?
92.7%
4.4%2.9%
Priority Not a priority Unsure
89
69.8% say actions to protect and enhance Eagle River
Should be a high priority
69.8%
2.2%
22.9%
2.2%
Priority Not a priority
High priority
Somewhat a high priority
Not a priority at all
Somewhat not a priority
Question 50: Actions to protect and enhance Eagle River? And would you say that this should be a (high priority/not a priority at all) or should this be somewhat (a high
priority/not a priority)?
90
83.3% say a watershed protection ordinance
Should be a priority
Question:A watershed protection ordinance that would restrict pesticide use within 100 feet of Eagle River? And would you say that this should be a (high priority/not a
priority at all) or should this be somewhat (a high priority/not a priority)?
83.3%
8.7%8.0%
Priority Not a priority Unsure/Refused
91
66.9% say a watershed protection ordinance
Should be a high priority
66.9%
3.3%
16.4%
5.5%
Priority Not a priority
High priority
Somewhat a high priority
Not a priority at all
Somewhat not a priority
Question:A watershed protection ordinance that would restrict pesticide use within 100 feet of Eagle River? And would you say that this should be a (high priority/not a
priority at all) or should this be somewhat (a high priority/not a priority)?
92
82.2% say they do not own/operate a business in Avon
Question:Do you own or operate a business within the Town of Avon?
17.1%
82.2%
0.7%
Yes No Unsure/Refused
Opinion Research on
Elections and Public Policy
Probolsky Research3990 Westerly Place Suite 185
Newport Beach CA 92660
Newport Beach (949) 855-6400San Francisco (415) 870-8150
Washington DC (202) 559-0270
Questions?
Elisa Kanter, Research Analyst
O: 949-855-6400
E: elisa@probolskyresearch.com
Adam Probolsky, President
O: 949-855-6400 | M: 949-697-6726
E: adamp@probolskyresearch.com
2018 Town of Avon Community
Survey
Business Survey
August 28, 2018
Opinion Research on
Elections and Public Policy
Probolsky Research
3990 Westerly Place Suite 185
Newport Beach CA 92660
Newport Beach (949) 855-6400
San Francisco (415) 870-8150
Washington DC (202) 559-0270
2
Town of Avon –2018 Business Survey
Survey Methodology*
From Saturday, June 9, 2018 to Sunday August 19, 2018, Probolsky Research conducted a live-interviewer telephone and online survey among Town of Avon business owners
and managers.
A total of 83 business owners/managers were surveyed (25 by telephone and 58 online).The survey was available in English and Spanish languages. For the online survey
phase, we invited participation via email. Security measures precluded individuals from completing the survey more than once and allowed only the designated business
owner/manager to complete the survey. Online respondents were able to use their computer, tablet or smart phone to participate.
Our sample was developed from Town records and publicly available business databases. Probolsky Research applies a stratifiedrandom sampling methodology to ensure, to
the extent possible, that the demographic proportions of survey respondents match the demographic composition of Avon businesses.
What follows are the initial results of the survey. A much more robust and comprehensive report is in the works and will be submitted to the Town in the coming weeks. The final
report will include an executive summary, a detailed analysis, cross tabulations, key findings, and verbatim responses with demographic overlay.
Probolsky Research specializes in opinion research on behalf of corporate, election, non-profit, and special interest clients.
*Due to rounding, totals shown on charts may not add up to 100%
3
Business Locations
4
Locations of businesses in Avon
Question:In what area of Town is your business?
24.1%
14.5%
12.0%
8.4%
6.0%
4.8%
3.6%
3.5%
1.2%
19.3%
2.4%
Nottingham Road/Metcalf Road Areas
East Commercial & Resudential Core Area (such as Chapel Square,
Benchmark Plaza, Christie Lodge, Avon Plaza)
West Commercial & Residential Core Area (such as The Seasons at
Avon, Lodge at Avon Center, Sheraton, Comfort Inn)
Nottingham Park/Sunridge/Liftview/Brookside Areas
Hurd Lane/Eaglebend Areas
Wildridge/Wildwood Areas
Aspens Mobile Home Village/Westlake Village Areas
Mountain Star Area
Swift Gulch Road/Traer Creek Areas (such as Buffalo Ridge
Apartments)
Other
Unsure/Refused
5
Business Types
6
Question:What type of business do you own and/or manage?
34.9%
15.7%
13.3%
8.3%
3.6%
24.1%
Professional service
Lodging
Retail
Real estate
Restaurant
Other
Types of businesses in Avon
7
Ratings of Street Maintenance
8
Large majority rate road & street maintenance as
Excellent/Good
Question:How would you rate the road and street maintenance by the Town of Avon, such as filling potholes, sweeping, and drainage?
18.1%
56.6%
13.3%
8.4%
2.4%1.2%
Excellent Good Fair Poor Very poor Unsure/Refused
74.7%
9
Ratings of Snow Removal
10
Large majority rate snow removal as Excellent/Good
Question:How would you rate the snow removal on Town of Avon roads?
39.8%
50.6%
6.0%
1.2%0.0%2.4%
Excellent Good Fair Poor Very poor Unsure/Refused
90.4%
11
Perceptions of Police Patrol
12
Majority say there is the right amount of police patrol
Within the commercial, shopping, and dining center of Avon
Question:Do you believe there is too much police patrol, too little police patrol, or the right amount of police patrol within the commercial, shopping, and dining center
of Avon?
12.0%9.6%
63.9%
14.5%
Too much police patrol Too little police patrol The right amount of police patrol Unsure/Refused
13
Majority say there is the right amount of police patrol
Outside the commercial, shopping, and dining center of Avon
Question:Do you believe there is too much police patrol, too little police patrol, or the right amount of police patrol outside the commercial, shopping, and dining center of
Avon?
16.9%
10.8%
56.6%
15.7%
Too much police patrol Too little police patrol The right amount of police patrol Unsure/Refused
14
Perceptions of Mobility Services
15
Question:How would you rate the frequency and dependability of the free bus system, including the Blue line, Red line and Night Rider?
35.0% say bus frequency and dependability
Is Excellent/Good
13.3%
21.7%
4.8%2.4%1.2%
48.2%
8.4%
Excellent Good Fair Poor Very poor Do not use Unsure/Refused
35.0%
16
Question:How would you rate the frequency and dependability of the free winter skier shuttle?
37.4% say the winter skier shuttle frequency and
Dependability is Excellent/Good
18.1%19.3%
7.2%
2.4%0.0%
48.2%
4.8%
Excellent Good Fair Poor Very poor Do not use Unsure/Refused
37.4%
17
Question:How would you rate the availability and ease of use of the bike share program?
Majority do not use the bike share program
18.1% think it is Excellent/Good
2.4%
15.7%
4.8%
0.0%0.0%
66.3%
10.8%
Excellent Good Fair Poor Very poor Do not use Unsure/Refused
18.1%
18
Preferences for Special Events
19
Majority say they wish there were more special events
Not many respondents wish there were fewer events
Question:Which statement matches your opinion on special events in Avon?
54.2%
7.2%
33.7%
4.8%
I wish there were more special events in
Avon; they are helpful to our business
I wish there were fewer special events in
Avon; they hurt our business
It makes no difference to me Unsure/Refused
20
Majority say they support the Town’s financial
Investment in events
Question:Which statement matches your opinion on the Town’s investment in events?
62.7%
12.0%13.3%12.0%
I support the Town's financial investment in
events
I oppose the Town's financial investment in
events
It does not matter to me Unsure/Refused
21
Importance of Workforce Housing
Availability
22
Majority say workforce housing availability is important
To the success of their business
Question:How important is the availability of workforce housing to the success of your business? [RECORD] [IF IMPORTANT OR UNIMPORTANT>>>] And would you
say that it is very (important/unimportant) or somewhat (important/unimportant)?
61.4%
31.3%
7.2%
Important Unimportant Unsure/Refused
23
Among those say it is important: 44.6% say housing is
Very important to the success of their business
Question:How important is the availability of workforce housing to the success of your business? [RECORD] [IF IMPORTANT OR UNIMPORTANT>>>] And would you
say that it is very (important/unimportant) or somewhat (important/unimportant)?
44.6%
20.5%
16.9%
10.8%
Important Unimportant
Very important
Somewhat important
Very unimportant
Somewhat unimportant
24
Support for Strategies to Increase
Workforce Housing
25
Question:Here is a list of strategies for increasing workforce housing in Avon. Please select the ones you support. Choose as many as you like, or none.
56.6%
55.4%
50.6%
44.6%
43.4%
34.9%
24.1%
7.2%
4.8%
Build workforce housing on vacant or underutilized town land
Allow homeowners to lease lock-offs (separate living spaces including
a kitchen and bathroom, within a home, but with a separate entrance)
Build workforce housing like in Miller Ranch
Require new commercial developments to include workforce housing
Require a percentage of new houseing units in all developments to be
reserved for workforce housing
Fast track workforce housing projects through the planning review
process
Provide financing backed by the Town for workforce housing
None
Unsure/Refused
Supported strategies for increasing workforce housing
In Avon
26
How long have you owned/managed a
business in Avon?
27
Length of time owning or managing a business
Within Avon
6.0%
32.5%
26.5%
14.5%
18.1%
2.4%
Less than 1 year
1-5 years
6-15 years
15-20 years
More than 20 years
Not applicable
Question:How long have you owned and/or managed a business within the Town of Avon?
*ASKED IF ANSWERED “FULL-TIME” TO Q40
28
Sources for News and Information
29
Question:What are your top sources for news and information about the Town of Avon? Pick three.
79.5%
47.0%
38.6%
37.3%
36.1%
16.9%
9.6%
3.6%
4.8%
Newspaper
Banners and other informational signage
Social media platforms such as Facebook, Nextdoor, and Twitter
Local radio
Emails from the Town
A website or blog
Local television
Nothing
Unsure/Refused
Newspaper and banners are respondents’ top
Sources for news about the Town
30
97.0%
1.5%
1.5%
Vail Daily
Denver Post
Summit County
Most say their top newspaper source is Vail Daily
Others say Denver Post or Summit County
Question:What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “NEWSPAPER”]
Some report their top radio news source is KZYR
31
30.0%
9.7%
6.4%
3.2%
3.2%
3.2%
3.2%
3.2%
3.2%
12.9%
9.7%
Kzyr
104.7 The Mile
101.7 Kske
92.7
95.3
Ski Country
107.9
Kfmt
102.5
Other
Unsure/Refused
Question:What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “LOCAL RADIO”]
Some say Channel 8 is the top TV news source
32
25.0%
12.5%
12.5%
12.5%
25.0%
12.5%
Channel 8
Channel 9
Channel 12
NBC
Other
Don't Know/Unsure
Question:What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “LOCAL TELEVISION”]
Some say Avon.org is the top website or blog news source
Others report Vaildaily.com
33
35.7%
28.6%
21.4%
7.1%
7.1%
Avon.org
Town website
Vaildaily.com
Eagle County Classified
Other
Question:What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “A WEBSITE OR BLOG”]
Strong majority say their top social media news source is
Facebook
34
87.5%
3.1%
3.1%
3.1%
3.1%
Facebook
Vail Moms
Twitter
Other
None
Question:What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “SOCIAL MEDIA PLATFORMS”]
Majority report their top news source is by
Word of mouth if they responded “Something Else”
35
50.0%
25.0%
12.0%
12.5%
Word of Mouth
Town Council Meetings
Eagle County Classifieds
Other
Question:What are your top sources for news and information about the Town of Avon? Pick three.
[AMONG THOSE WHO CHOSE “SOMETHING ELSE”]
36
Doing Business in Avon
What respondents like most about doing business in
Avon
37
44.6%
8.4%
8.4%
7.2%
4.8%
2.4%
2.4%
2.4%
1.2%
1.2%
1.2%
6.0%
9.6%
Location/Land marks
The Community
Small/Quiet town
The Customers/Locals
Environment/Outdoor Activities
Easy to set up business/Coordination
Money
Convenient
Town looks nice
Lots of development
None
Other
Unsure/Refused
Question:What do you like the most about doing business in Avon?
What respondents like least about doing business in
Avon
38
9.6%
8.4%
8.4%
7.2%
6.0%
4.8%
3.6%
3.6%
2.4%
2.4%
2.4%
2.4%
2.4%
1.2%
1.2%
1.2%
1.2%
1.2%
6.0%
9.6%
13.2%
Construction
Lack of parking
Lack of a town center/Layout
High real estate taxes/Taxes
High rent/Real estate
Traffic/Commute
Municipal revenue system
Crowded/Outsiders
Licensing
Lack of events
Cost of goods
Town Council
Space availability/Real estate
Lack of parks
Sidewalks
Signage programs
Events blocking roads
Spending too much on events
Other
None
Unsure/Refused
Question:What do you like the least about doing business in Avon?
39
Optional Supplementary Questions
40
Large majority support short-term rentals in Avon
Question:Do you support or oppose short-term rentals in the Town of Avon?
70.9%
14.5%14.5%
Support Oppose Unsure/Refused
41
15.4%
15.4%
15.4%
15.4%
7.7%
5.1%
5.1%
5.1%
2.6%
2.6%
2.6%
2.6%
12.8%
Good for economy/Tourists
Owners decision
Need for visitors
More affordable for investors
Affordable for locals/Tourists
Owners of short term rental properties
Lodging is important
No reason not to
Demand
No government interference
Has no effect
Tax revenue
Other
Question:Why do you support short-term rentals in Avon?
*ASKED IF ANSWERED “SUPPORT” TO Q19
Why respondents support short-term rentals
In Avon
42
37.5%
25.0%
12.5%
12.5%
12.5%
Provide affordable housing for residents first
People coming and going
Inadequate insurance
Creates long term housing shortage
Affects hotel business
Question:Why do you oppose short-term rentals in Avon?
*ASKED IF ANSWERED “OPPOSE” TO Q19
Why respondents oppose short-term rentals
In Avon
Opinion Research on
Elections and Public Policy
Probolsky Research
3990 Westerly Place Suite 185
Newport Beach CA 92660
Newport Beach (949) 855-6400
San Francisco (415) 870-8150
Washington DC (202) 559-0270
Questions?
Victoria Griffin, Research Analyst
O: 949-855-6400
E: victoria@probolskyresearch.com
Adam Probolsky, President
O: 949-855-6400 | M: 949-697-6726
E: adamp@probolskyresearch.com
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: August 28, 2018
Topic: PUBLIC HEARING AND SECOND READING OF ORDINANCE 18-07, APPROVING THE AVON
COMMUNITY HOUSING PLAN
ACTION BEFORE COUNCIL
Before Council is action on Second Reading of Ordinance 18-07, approving the Avon Community
Housing Plan (“the Plan”).
RECOMMENDED MOTION
“I move to approve second reading of Ordinance 18-07, thereby approving the Avon Community
Housing Plan.”
UPDATES
Additional changes have been incorporated into the final Plan, including:
• Retitling the document to better represent the comprehensive nature of the Plan
• Consistent language in the Ordinance and the Plan clarifying that the purpose is not solely to
account for Avon employees, but for local year-round residents.
• Language allowing for the update of Exhibits by Council Resolution.
BACKGROUND
Year-round “locals” housing has continually been emphasized as a priority by the Town Council. The
importance of a proactive housing program was reinforced in the 2017 Comprehensive Plan goals and
policies, as well as the 2017-2019 Strategic Plan. On March 7, 2018 the Town Council conducted a retreat
devoted to housing, facilitated by Willa Williford and led by housing professionals from Eagle and
Summit counties. The purpose of the retreat was to provide data regarding housing need, review
Avon’s current housing stock, learn about successful projects in other jurisdictions, and for Council to
develop actionable strategies for the Town.
Out of the retreat, a draft document was presented to the Town Council on May 8, 2018 for comments
and to gain feedback and direction to finalize the draft. After additional modifications were made to
the document it was presented to the PZC for a recommendation. Several more changes have been
documented through the public hearing process leading up to this final draft.
REVIEW CRITERIA
According to Section §7.16.030(e) of the Development Code, the criteria below are to be used when
evaluating the Plan. The review criteria are included here for reference; approval of a Comprehensive
Plan requires finding compliance. The draft Ordinance includes pertinent findings, including
compliance with these criteria:
1. The surrounding area is compatible with the land use proposed in the plan amendment or the
proposed land use provides an essential public benefit and other locations are not feasible or
practical;
2. Transportation services and infrastructure have adequate current capacity, or planned capacity,
to serve potential traffic demands of the land use proposed in the plan amendment;
3. Public services and facilities have adequate current capacity, or planned capacity, to serve the
land use proposed in the plan amendment;
4. The proposed land use in the plan amendment will result in a better location or form of
development for the Town, even if the current plan designation is still considered appropriate;
5. Strict adherence to the current plan would result in a situation neither intended nor in keeping
with other key elements and policies of the plan;
6. The proposed plan amendment will promote the purposes stated in this Development Code; and,
7. The proposed plan amendment will promote the health, safety or welfare of the Avon Community
and will be consistent with the general goals and policies of the Avon Comprehensive Plan.
AVAILABLE ACTIONS
1) Approve Second Reading of Ordinance 18-07, approving the Plan.
2) Continue Second Reading of Ordinance 18-07.
ATTACHMENT
Ordinance 18-07
Ord 18 - 07 Avon Community Housing Plan
August 28, 2018 SECOND READING Page 1 of 3
TOWN OF AVON
ORDINANCE NO. 18-07
AN ORDINANCE APPROVING THE AVON COMMUNITY HOUSING PLAN
RECITALS
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers, authority and
privileges to which it is entitled under Colorado law; and
WHEREAS, The Town of Avon (“Applicant”) has initiated a Comprehensive Plan Application to
address housing; and
WHEREAS, the Town of Avon Planning and Zoning Commission conducted public hearings on
June 5, 2018, and June 19, 2018, and prior to formulating a recommendation to the Town Council
considered public comments, testimony, evidence and Town staff reports;
WHEREAS, the Town of Avon Planning and Zoning Commission took action to adopt Findings
of Fact in accordance with AMC §7.16.030(c), and made a recommendation to the Avon Town Council
to adopt the Avon Community Housing Plan; and
WHEREAS, in accordance with AMC §7.12.030, Town Council, and in addition to other authority
granted by the Town Charter, its ordinances and State of Colorado law, the Town Council has application
review and decision-making authority to approve, approve with conditions or deny the Application; and
WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance
with the requirements of AMC §7.16.020(d), Step 4: Notice, held public hearings on July 10, 2014, August
14, 2018, and August 28, 2018, and prior to taking final action considered all comments, testimony,
evidence and Town Staff reports; and then took action by approving this Ordinance; and
WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria the Town Council has considered the
applicable review criteria for a Comprehensive Plan application, as more specifically described below; and
WHEREAS, in accordance with the review criteria outlined AMC §7.16.030(c), Review Criteria, the
Town Council finds that the Avon Community Housing Plan is in compliance with the purposes of the
Development Code by achieving the housing needs in the Town; providing a range of price points to serve
a complete range of life stages to provide a stable full time residential community balancing the visitor
economy; complies with the goals and policies of the 2017 Avon Comprehensive Plan by strengthening the
policy objectives related to achieving a diversity of housing types to serve all segments of the population;
and, the Avon Community Housing Plan will promote the health, safety, and welfare of the Avon
Community by supporting families and building a stable community with opportunities for young
professionals, families, and retirees.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Avon Community Housing Plan. The attached (“Exhibit A to Ordinance 18-07”)
document is hereby approved and considered a “Comprehensive Plan,” as defined by AMC §7.08,
Ord 18 - 07 Avon Community Housing Plan
August 28, 2018 SECOND READING Page 2 of 3
Definitions, and shall serve as a guiding document for housing and community development in the
Town.
Section 3. Severability. If any provision of this Ordinance, or the application of such provision to
any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council
hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the
provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision”
means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term
“application” means and includes an application of an ordinance or any part thereof, whether considered or
construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect no sooner than thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance
is promulgated under the general police power of the Town of Avon, that it is promulgated for the health,
safety, and welfare of the public.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release,
extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit,
suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes
of action acquired or existing which may have been incurred or obtained under any ordinance or provision
hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended,
repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of
sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such
penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or
may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing,
inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals
pending before any court or administrative tribunal.
Section 7. 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.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with
Chapter 1.16 of the Avon Municipal Code.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND
REFERRED TO PUBLIC HEARING and setting such public hearing for 5:00 on August 28, 2018 at
the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
SIGNATURE PAGE FOLLOWS
Ord 18 - 07 Avon Community Housing Plan
August 28, 2018 SECOND READING Page 3 of 3
SIGNED:
Jennie Fancher, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town Clerk
at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Debbie Hoppe, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on August 28, 2018.
SIGNED:
Jennie Fancher, Mayor
Published by posting by title in at least three public places in Town and posting by title at the office
of the Town Clerk.
ATTEST:
Debbie Hoppe, Town Clerk
Page 1 of 8
Avon Community Housing Plan
Prepared by Willa Williford for the Town of Avon
“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.”
- TOWN OF AVON COMPREHENSIVE PLAN, MAY 2017
Introduction
The Town of Avon seeks to build upon a long history as a high amenity year-round resort
community, strengthening its vibrant and inclusive community culture. The current
Comprehensive Plan sets the vision for a diversity of exciting opportunities for residents,
businesses, and visitors. The current housing market, which offers very few affordable
opportunities for year-round residents to put down roots in Avon, poses a challenge to this vision.
The potential community benefits of increasing workforce housing efforts to include:
• More housing choices;
• Increased economic stability and a more active year-round economy for local residents
and businesses;
• Greater ability to retain individuals and families throughout life and career phases,
strengthening sense of community, opportunity, and quality of life;
• Further the goals of the Climate Action Plan by reducing single occupant vehicle
commuting; and
• Greater opportunities for arts and culture to thrive.
Goals and Objectives
The Comprehensive Plan sets two housing goals (each with numerous supporting policies):
• Achieve a diverse range of housing densities, styles, and types, including rental and for
sale, to serve all segments of the population.
• Coordinate with neighboring communities to provide an attainable housing program that
incorporates both rental and ownership opportunities, affordable for local working families.
Goals and Objectives of this Housing Plan are as follows:
• Focus on increasing deed restricted homeownership opportunities for households making
equivalent of 140% or less of the Area Median Income - $430,000 for a household of three
people in 2018.
• Grow the inventory of homeownership and “missing middle” inventory, in place of
additional rental housing stock, to create a more balanced portfolio with a long-term goal
of 50% rental, 50% ownership.
• When considering new rental housing, prioritize price point, quality and amenities
attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120%
AMI level.
• Stabilize or increase the percentage of year-round residents; currently 55% of all dwelling
units in Avon are occupied by year-round residents.
• Stabilize or increase the percentage of employees who live in Avon.
• Seek to add at deed restricted units to the inventory in the short term.
Exhibit A to Ordinance 18-07
Avon Community Housing Plan Adopted August 24, 2018
Page 2 of 8
• Strengthen regional partnerships with other communities and entities (i.e. Habitat for
Humanity, other municipalities, Eagle County) to make projects happen.
• As sites redevelop, strive for “no net loss” of units in the target AMI range, and when
possible, an increase of housing serving the local year-round population.
• Review and re-evaluate goals and objectives on an annual basis; appendices may be
updated by Resolution.
The Need
Since the end of the recession jobs and population have been growing much more rapidly than
housing inventory, creating many challenges:
• Frustration for locals seeking housing;
• Employers facing unfilled positions, turnover, higher training costs, and lost productivity;
• Precipitous increases in home prices, well beyond the means of most local residents;
• Extremely low vacancy rates, resulting in limited choices and rising costs for renters; and
• Negative impacts on individuals and families, who are spending a disproportionate amount
of their income on housing, commuting long distances, and living in locations or situations
that are not sustainable for the long term.
Median price for all dwelling units sold in Avon in 2017 was $438,000. Condominiums accounted
for 71% of these sales, with a median price of $358,500. The median price for single family
dwellings, duplexes and townhomes was $850,000. The price affordable to a median income
family is less than half than that, at about $316,000. Only four dwelling units were on the market
for $316,000 or lower in early 2018. The rental market is similarly challenging: vacancy rates
have been approaching zero, and since 2007, average rental rates have risen 48% across the
Eagle River Valley.
To meet the needs of local employees in the Eagle River Valley, over 4,000 additional dwelling
units will be required by 2020.1 In mid-valley, which includes Eagle Vail, Avon, and Edwards,
1,500 dwelling units will be needed. Subsidies or public/private partnerships are anticipated to
be required for the majority of these dwelling units to be financially feasible and affordable to local
employees.
Avon and the mid-valley are highly desired locations for local households. In a recent survey of
Eagle River Valley households, 40% of renters and 39% of owners selected mid-valley as their
first choice for where they want to live.2
The challenges with regard to housing need are significant. With this Plan, the Town of Avon is
setting goals, objectives, and action steps to respond. The Town’s resources include land,
funding, staff time, and policy making. Recognizing that the Town of Avon alone cannot address
the housing need, these resources will be used to leverage opportunities and create partnerships.
Strengths and Assets
Avon has numerous assets related to housing opportunities to build upon successes and lessons
learned from previous housing initiatives:
1 Eagle River Valley Housing Needs and Solutions 2018, Rees and Williford
2 Ibid.
Avon Community Housing Plan Adopted August 24, 2018
Page 3 of 8
• An inventory of 670 price-controlled housing units, about 90% of which are for rent;
• An Affordable Housing Fund balance of $675,000. As the Housing Fund increases,
the additional fund should be leveraged to meet the goals of the plan;
• A partnership with The Valley Home Store for monitoring and compliance of deed
restrictions on for-sale units;
• Employee housing mitigation requirements for some new commercial development;
• Successful PUD negotiations to provide 63 perpetually deed restricted units, some of
which are now due for significant capital improvements;
• History of regional collaboration with public sector, non-profit and private sector on
housing issues;
• Significant inventory of attainable, free market housing;
• Significant opportunities for development and redevelopment, with water rights, transit
access, and existing available density on vacant and underutilized private parcels;
• Commercially zoned land that may also be appropriate for residential development;
and
• Adopted Comprehensive Plan, which sets housing as top policy priority.
Tools and Strategies
In order to achieve these goals and objectives, the following tools and strategies should be
pursued. Tools and strategies are organized into three categories: Housing Development and
Retention, Funding, and Housing Policy. A timeline for implementation is included in Appendix A.
Housing Policy
The Town of Avon seeks to use both incentives and regulations to create a policy environment
that is favorable for local housing. The Town has a strong track record in including employee
housing in PUD approvals. The Town will continue to encourage, and, in some instances, require
local housing in new planning approvals.
Initiatives to update and strengthen housing policies will include:
• Review existing code for opportunities to increase the year-round occupancy of the
existing housing stock, including consideration of short term rental, accessory dwelling units, and lock-off incentives and regulations.
• Update mitigation/linkage policies to be more proactive in addressing housing needs.
Current policies are limited to very narrowly defined locations and development requests,
and the current mitigation rate is low compared with peer communities.
• Consider implementing an inclusionary housing policy. Inclusionary housing was
considered in the 2010 code update, but was not adopted at that time. Inclusionary
housing is a tool to create housing affordable to locals. It is recommended to look at
inclusionary housing and mitigation/linkage at the same time, to better understand how
the two tools complement each other, support policy goals, and maintain a level playing
field for commercial and residential development.
• Conduct a comprehensive review of fees associated with new construction and formalize a fee waiver/reimbursement process for new housing that meets the goals
of the plan.
Avon Community Housing Plan Adopted August 24, 2018
Page 4 of 8
Housing Development and Retention
A top priority is pursuing housing development on Town owned land. Two parcels, identified in
the Town of Avon Properties Plan, are appropriate to move forward with housing development in
the next three years. These sites are Wildwood and Swift Gulch.
This Plan is recommending that public outreach and feasibility analysis for Wildwood move
forward this year. Preliminary analysis for Swift Gulch can begin when there is a clear path forward
for finance, entitlements, and construction for Wildwood. Both sites are anticipated to be
developed through public/private partnerships.
Two strategies have been identified to preserve market rate attainable housing that is currently
at risk of being lost to locals through rapid price increases and/or redevelopment. The first strategy
is to “buy-down” attainable market rate units and preserve their affordability with a permanent
deed restriction. Nearby precedents for this approach include Vail InDEED and Eagle Valley
Ranch. This is a homeownership strategy. The second strategy is to explore mechanisms such
as mobile home preservation, acquisition, and right of first refusal to preserve properties
that currently house locals. A right of first refusal creates the opportunity for the Town to purchase
and preserve these assets, if the owner decides to sell and the Town decides the property is a
priority and is able to secure finance timely. This is a mobile home and multi-family housing
strategy. This program development is anticipated to begin in 2019.
Investing in and maintaining the current inventory of deed restricted housing is an important
component of housing development and retention. Much of the affordable rental housing inventory
has recently been renovated, however, the homeownership inventory is in need of capital
planning and reinvestment. The Town of Avon has recently contracted with The Valley Home
Store to assist with compliance monitoring and re-sale of deed restricted properties. The next
phase of this effort will be to conduct a capital needs assessment of the home ownership assets
and make a plan for funding and implementing capital improvements. This effort is anticipated to
begin in 2020.
Cultivating additional public/private partnerships for housing are additional strategies that will
be ongoing. Collaborative efforts with Eagle County, other municipalities, and local employers
are imperative when fostering new opportunities for housing development and retention.
Funding
Local funding is a key ingredient to building and maintaining housing units. Investing (or
“leveraging”) local funds is essential to attracting the outside funding sources such as grants,
loans, tax credits and private investments that, when combined, make housing development
financially feasible. Currently, the Avon Housing Fund has a balance of about $675,000. It is
anticipated that those funds will be invested in the efforts outlined in this Plan, and that additional
funds will be needed moving forward. A two-step process is envisioned to secure additional
local funds for housing. The first step will be to review current revenue streams and determine
if additional funds can be directed to housing efforts through the annual budgeting process. This
review will begin at the end of 2018.Depending on the outcome of the first step, the second step
be to seek opportunities for new funding sources, which could include approaches such as
increased linkage fees, regional collaboration, and/or support for a local ballot initiative. Public
private partnerships are also a funding strategy, generating potential access to grants, below
market loans, and resources such as the Low Income Housing Tax Credit.
Avon Community Housing Plan Adopted August 24, 2018
Page 5 of 8
The Town of Avon understands the regional nature of housing, transportation and employment in
the Eagle River Valley. In pursuit of local year-round housing, the Town will continue to participate
in regional studies, seek opportunities to participate in regionally significant housing
developments beyond Town boundaries, and participate in employer forums, and be an advocate
for other regional initiatives.
Investment Criteria
As the Town of Avon seeks to deploy monies from the Avon Housing Fund, the Town will evaluate
opportunities based on the following criteria:
1. Does the program or project meet the goals and objectives of the Comprehensive Plan
and this Housing Plan?
2. Does the investment fill a gap that would otherwise keep the proposed program or project
from moving forward?
3. Does the program or project encourage resource conservation, energy efficiency and
sustainable development? Does the location offer access to multi-model transportation
options and other services?
4. Is there participation from other regional partners, public and/or private?
Avon Community Housing Plan Adopted August 24, 2018
Page 6 of 8
APPENDIX A – Work Plan
Avon Community Housing Plan Adopted August 24, 2018
Page 7 of 8
APPENDIX B – Definitions and Best Practices
Topic Definition Best Practices
Inclusionary Housing A percentage of residential units in new
subdivisions/PUDs are workforce housing. Market homes
support workforce units. Only effective if new
subdivisions/PUDs are developed/ redeveloped.
Carbondale, Eagle,
Eagle County, San
Miguel County
Linkage/Mitigation Requiring new residential and/or commercial
development to contribute to workforce housing relative
to demand generated by the new construction. For
residential, mitigation rate often increases with house
size, and deed restricted units are typically exempt. Fees
in lieu provides revenue stream that fluctuates with
building activity. Documented relationship between fee
and impact required.
Telluride, Aspen, Mt.
Crested Butte
Fee Waivers Water/sewer tap fees, building permit or other fees
waived in part or whole to reduce cost to build affordable
housing. General funds or other source need to cover cost
of fees waived.
Breckenridge, Crested
Butte
Dedicated Funding
Source
Funding is a core component of building housing and
running successful housing programs. Few programs
begin with funding; rather finding funding is an
incremental process that goes hand in hand with creating
goals and objectives, developing policies, securing
appropriate land for housing, and moving forward with
public/private partnerships. Dedicated funding sources
take many forms including grants, fee in lieu payments,
taxes, voluntary assessments, proceeds from rents or
sales.
Summit County,
Steamboat Springs,
Crested Butte, Aspen,
Telluride
Public/Private
Partnerships
Partnering with developers to build attainable units,
typically on publicly-owned sites, or using other public
resources such as property tax exemption. RFQ/RFP
process effective for selecting development partners.
Ownership of land can be retained with long-term land
leases.
Eagle County, Vail,
Breckenridge, Boulder
Land Banking Acquiring land for eventual housing development when
specific project is not known.
Summit County, Vail,
Boulder County,
Breckenridge,
Telluride
Buy Down of Market
Homes
Usually involves buying down units with public funds.
Deed restrictions imposed for permanent affordability.
Inability to obtain condo mortgages can result in units
being rented. Public sector purchases can drive up prices
for low-end market units.
Breckenridge,
Telluride, Whitefish
MT
No Net Loss Policy Requiring replacement of housing occupied by the
workforce when redevelopment occurs. Similarly-priced
units should be replaced on site or another site, or a fee-
in-lieu of replacement could be allowed.
Boulder, Basalt
Avon Community Housing Plan Adopted August 24, 2018
Page 8 of 8
APPENDIX C - Area Median Income for Eagle County 2018
Area Median Income for Eagle County, 2018
Household Size 1 2 3 4 5 6
AMI Classifications
Extremely Low (30% AMI) $18,270 $20,880 $23,490 $26,070 $28,170 $30,270
Very Low (50% AMI) $30,450 $34,800 $39,150 $43,450 $46,950 $50,450
60% AMI (LIHTC max) $36,540 $41,760 $46,980 $52,140 $56,340 $60,540
Low (80% AMI) $48,720 $55,680 $62,640 $69,520 $75,120 $80,720
Median (100% AMI) $60,900 $69,600 $78,300 $86,900 $93,900 $100,900
Moderate/Middle (140% AMI) $85,260 $97,440 $109,620 $121,660 $131,460 $141,260
Upper (200% AMI) $121,800 $139,200 $156,600 $173,800 $187,800 $201,800
Source: CHFA
Affordable Home Price Calculation by AMI, 2018
AMI % 30% 60% 100% 140% 200%
Household Income – 3 persons $23,490 $46,980 $78,300 $109,620 $156,600
Affordable Purchase price
Affordable monthly payment (30%) $587 $1,175 $1,958 $2,741 $3,915
Principal & interest (80% of pmt) $470 $940 $1,566 $2,192 $3,132
HOA, taxes, insurance (20% of pmt) $117 $235 $392 $548 $783
Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00%
Max mortgage $47,515 $175,030 $291,717 $408,404 $583,434
Max Affordable Price -5% down $92,000 $184,000 $307,000 $430,000 $614,000
Affordable Rent $587 $1,175 $1,958 $2,741 $3,915
Affordable purchase prices were calculated assuming that a household would have 5% for a
down payment, and would qualify for a loan that 30% of their monthly income. HOA, property
taxes and insurance of 20% where included. The max mortgage assumes an interest rate of
5.0%, which is about half point higher than prevailing rates for 30-year fixed rate mortgages.
Interest rates are rising, however, and will have a profound impact on housing affordability. A
one-point increase in the rate, as occurred in 2013, would drop the affordable purchase price
for a median income household by $30,000 to $35,000.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Deputy Town Manager
Meeting Date: August 28, 2018
Topic: PUBLIC HEARING SECOND READING ORDINANCE 18-08, ADOPTING A NEW CHAPTER 5.10
OF TITLE 5 OF THE AVON MUNICIPAL CODE ESTABLISHING LICENSING OF TOBACCO
RETAILERS
ACTION BEFORE COUNCIL:
Council is asked to take action on Second Reading of Ordinance 18-08 adopting a new Chapter 5.10 of
Title 5 of the Avon Municipal Code establishing licensing of tobacco retailers. The ordinance would
raise the legal age to purchase tobacco products in Avon from 18 to 21 and would create a local
tobacco sales license.
OPTIONS:
Options for Council consideration are outlined as follows:
Option 1 – Approve Ordinance 18-08, as presented.
Option 2 – Approve Ordinance 18-08, modifying the ordinance to revise Section 5.10.060(a)
regarding “Minimum age for persons handling Tobacco Products” to read, “No person who is
younger than 18 years of age shall, while employed at a Tobacco Product Retail Location, sell,
stock, retrieve, or otherwise handle Tobacco Products or Tobacco Paraphernalia.”
Option 3 – Continue, table or do not approve Ordinance 18-08.
PROPOSED MOTION:
“I move to approve [with or without modifications] Second Reading of Ordinance 18-08, thereby
adopting a new Chapter 5.10 of Title 5 of the Avon Municipal Code establishing licensing of tobacco
retailers.”
BACKGROUND:
Mandy Ivanov, Health Promotion Coordinator for Eagle County, met with Councilor Scott Prince and
Virginia Egger in May to discuss the Tobacco 21 Initiative, as well as recent actions by a few
municipalities in the Roaring Fork Valley. In June 2017, the Aspen City Council enacted an ordinance
raising the legal sales age for tobacco products from 18 to 21 years of age and creating a local tobacco
sales license. The Basalt Town Council followed suit with a similar ordinance in March 2018. In addition,
voters in both municipalities approved a new municipal tax on tobacco products. In November 2017,
Aspen voters approved a new $3 tax on a pack of cigarettes and a new 40 percent tax on other
tobacco products. In April 2018, Basalt voters approved a cigarette tax of $2 per pack and a 40 percent
tax on other tobacco products.
During a work session about the Tobacco 21 Initiative on June 26, 2018, Council directed staff to
prepare an ordinance for consideration that would raise the legal age to purchase tobacco products
from 18 to 21 years of age and create a local tobacco sales license for the Town of Avon.
At the August 14, 2018 Council meeting, Council considered a series of options and ultimately approved
Ordinance 18-08, as presented. In addition, Council directed staff, by motion and vote, to prepare a
ballot question, for Council consideration, that would seek authority to increase taxes on the sale of
cigarettes and other tobacco products.
SUMMARY:
In short, the intent of this proposed ordinance is to make it more difficult for those, age 18-20, to
purchase and use tobacco products. The licensing for tobacco retailers would be administered by a
Licensing Administrator, likely to be the Town Clerk. There would be a fee required for each license
issued, currently proposed at $500 per year, which would cover the cost of administering the licensing
program. The proposed effective date of this ordinance is January 1, 2019. The Town currently has nine
tobacco retailers and each of them has been informed of this proposed ordinance.
FINANCIAL IMPLICATIONS:
Colorado Revised Statute 39-22-623 states the following:
“Effective July 1, 1987, an amount equal to twenty-seven percent of the gross state
cigarette tax shall be apportioned to incorporated cities and incorporated towns which
levy taxes and adopt formal budgets and to counties. For the purposes of this
section, a city and county shall be considered as a city. The city or town share shall be
apportioned according to the percentage of state sales tax revenues collected by the
department of revenue in an incorporated city or town as compared to the total state
sales tax collections that may be allocated to all political subdivisions in the state; the
county share shall be the same as that which the percentage of state sales tax
revenues collected in the unincorporated area of the county bears to total state sales
tax revenues which may be allocated to all political subdivisions in the state. The
department of revenue shall certify to the state treasurer, at least annually, the
percentage for allocation to each city, town, and county, and such percentage for
allocation so certified shall be applied by said department in all distributions to cities,
towns, and counties until changed by certification to the state treasurer. In order to
qualify for distributions of state income tax moneys, units of local government are
prohibited from imposing fees, licenses, or taxes on any person as a condition for
engaging in the business of selling cigarettes or from attempting in any manner to
impose a tax on cigarettes.”
If the Town of Avon decides to create a local tobacco sales license that includes cigarettes, the Town
would forego state cigarette tax revenues of approximately $42,000 per year. Over the past five years,
the amount ranged from $41,234 to $43,200. If the Town excludes cigarettes from the local licensing
requirements it would retain the state cigarette tax dollars and the local license would cover all forms
of tobacco other than cigarettes. The local license fee, currently proposed at $500 per year, is
designed to cover the direct costs to the Town but does not cover the revenue lost by forgoing the
state cigarette tax revenues.
ATTACHMENT:
Ordinance 18-08
Ord 18-08
SECOND READING – August 28, 2018
Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE 18-08
ADOPTING A NEW CHAPTER 5.10 OF TITLE 5 OF THE AVON
MUNICIPAL CODE ESTABLISHING LICENSING OF TOBACCO
RETAILERS
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality
existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the
Town's Home Rule Charter; and
WHEREAS, Smoking rates in the U.S. have declined substantially since the Surgeon
General’s 1964 report, from 42 percent to now about 18 percent; however, it remains one of the
biggest public health problems in the United States as almost 500,000 Americans still die
prematurely each year from diseases related to cigarette smoking. This makes up 85% of deaths
from lung cancer. In Colorado, like most other states, it is the number one cause of preventable
death, and accounts for 5,100 deaths a year; and
WHEREAS, 90% of adult smokers started smoking before the age of 18 and each day more
than 3,000 adolescents in the U.S. try their first cigarette; and
WHEREAS, youth use of e-cigarettes and similar products is associated with future
cigarette use; and
WHEREAS, since 2014, after decades of effective anti-smoking campaigns and decreasing
smoking rates in the U.S., there has been a surprising upturn in youth tobacco use; and
WHEREAS, over 330 U.S. localities and the states of California, Hawaii, New Jersey,
Maine, Oregon, and Massachusetts, as well as the District of Columbia and the U.S. territory of
Guam, have enacted into law regulations prohibiting the sale of tobacco products to individuals
under the age of 21 and research has shown such regulations are effective in decreasing high
school tobacco use by up to 50%; and
WHEREAS, research has shown that teens purchase cigarettes from their peers and that
90% of the “social sources” (friends and family) of tobacco for the 12-18 year olds are 18-21
year olds. It has also been shown that youth typically do not make the effort to travel to
neighboring localities if the age has increased to 21 in their city; and
WHEREAS, the Town Council finds that this ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Ord 18-08
SECOND READING – August 28, 2018
Page 2 of 3
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. Addition of Chapter 5.10 to Title 5 of the Avon Municipal Code. Title 5 of the
Avon Municipal Code is hereby amended by the addition of a new Chapter 5.10, to read as set
forth in Exhibit A: Addition of Chapter 5.10 to Title 5 of the Avon Municipal Code, attached
hereto.
Section 3. 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 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 (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
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,
Ord 18-08
SECOND READING – August 28, 2018
Page 3 of 3
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. 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 August 14, 2018 and setting such public hearing for August 28, 2018 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on August 28, 2018.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT 1
Page 1 of 11
EXHIBIT A: ADDITION OF CHAPTER 5.10 TO TITLE 5 OF THE AVON MUNICIPAL CODE
CHAPTER 5.10
LICENSING OF TOBACCO RETAILERS
Section 5.10.010 Incorporation of general licensing provisions.
Section 5.10.020 Legislative intent.
Section 5.10.030 Definitions.
Section 5.10.040 Minimum legal sales age.
Section 5.10.050 License requirements and prohibitions.
Section 5.10.060 Conditions of the Tobacco Product Retail License.
Section 5.10.070 Application procedure.
Section 5.10.080 Issuance of a Tobacco Product License.
Section 5.10.090 Denial of Tobacco Product License.
Section 5.10.100 License term, renewal and expiration.
Section 5.10.110 License non-transferable.
Section 5.10.120 Fee for License.
Section 5.10.130 Compliance monitoring.
Section 5.10.140 Suspension or revocation of License.
Section 5.10.150 Violation, Penalties and Fines.
Section 5.10.160 Enforcement.
Section 5.10.170 No rights in License.
Section 5.10.180 Violations
Section 5.10.190 Effective date.
5.10.010 Incorporation of general licensing provisions.
The provisions of Chapter 5.04 Town of Avon Municipal Code (Business Licenses) and Chapter 1.09 (Civil
Infractions), shall apply to this Chapter except where they are specifically modified by the provisions of this
Chapter.
5.10.020 Legislative Intent
It is the intent of the Town in enacting this Chapter to establish License requirements for Tobacco Product
and Tobacco Paraphernalia Retailers and to set forth the requirements for the sale of Tobacco Products
and Tobacco Paraphernalia to persons under twenty-one years of age to protect the health, safety and
welfare of individuals in the Town, to encourage responsible Tobacco Product and Tobacco Paraphernalia
retailing and to reduce illegal sales of said products in Avon, Colorado.
5.10.030 Definitions.
The following definitions shall apply throughout this Chapter:
Accessory means any product that is intended or reasonably expected to be used with or for the
human consumption of a Tobacco Product; does not contain tobacco and is not made or derived
from tobacco; and meets either of the following: (1) is not intended or reasonably expected to affect
or alter the performance, composition, Constituents, or characteristics of a Tobacco Product; or (2)
is intended or reasonably expected to affect or maintain the performance, composition,
Page 2 of 11
Constituents, or characteristics of a Tobacco Product but (a) solely controls moisture and/or
temperature of a stored Tobacco Product; or (b) solely provides an external heat source to initiate
but not maintain combustion of a Tobacco Product. Accessory includes, but is not limited to,
carrying cases, lanyards and holsters.
Adult-Only Establishment means a facility where the operator ensures or has a reasonable basis to
believe, such as by checking the identification of any person appearing to be under the age of thirty
(30), that no person under the Legal Age is permitted entrance.
Cigarette means any product that contains tobacco or nicotine, that is intended to be burned or
heated under ordinary conditions of use, and consists of or contains:
(1) any roll of tobacco wrapped in paper or in any substance not containing tobacco;
(2) tobacco in any form that is functional in the product, which, because of its appearance, the
type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or
purchased by consumers as a cigarette; or
(3) roll of tobacco wrapped in any substance containing tobacco that, because of its appearance,
the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or
purchased by, consumers as a cigarette described in subparagraph (1)(a) above.
(4) the term includes all “roll-your-own,” i.e., any tobacco that, because of its appearance, type,
packaging, or labeling, is suitable for use and likely to be offered to, or purchased by
consumers as tobacco for making cigarettes.
Component or Part means any software or assembly of materials intended or reasonably expected:
(1) to alter or affect the Tobacco Product’s performance, composition, Constituents, or
characteristics; or (2) to be used with or for the human consumption of a Tobacco Product or
Electronic Smoking Device. Component or Part excludes anything that is an Accessory, and
includes, but is not limited to e-liquids, cartridges, certain batteries, heating coils, programmable
software and flavorings for Electronic Smoking Device.
Electronic Smoking Device means any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person to simulate smoking in
the delivery of nicotine or any other substance, even if marketed as nicotine-free, through
inhalation of vapor from the product. Electronic Smoking Device includes any refill, cartridge or
component part of a product, whether or not marketed or sold separately. Electronic Smoking
Device does not include any product that has been approved or certified by the United States Food
and Drug Administration for sale as a tobacco - cessation product, as a tobacco-dependence
product, or for other medical purposes, and is marketed and sold for such an approved purpose.
Hearing Officer means the Town Manager or person appointed by the Town Manager.
Licensee means the owner or holder of a Tobacco Product Retailer License.
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License refers to the Tobacco Product Retailer License.
Licensing Administrator means the person(s) within the Town government designated with
responsibilities by the Town Manager for license issuance, renewal and collection of fees.
Legal Age means twenty-one (21) years of age.
License Fee means the annual fee for a Tobacco Product Retail License of $500.00.
Licensed Premises means any location where Tobacco Products and/or Tobacco Paraphernalia
are authorized to be sold or distributed to a consumer including, but not limited to, the grounds
occupied by a Licensee, and any store, outlet, location, vending machine or structure where
Tobacco Products and/or Tobacco Paraphernalia are sold, as designated in the approved License
application.
Minimum Legal Sales Age means twenty-one (21) years of age or older.
Mobile Vending means any sales of Tobacco Products and/or Tobacco Paraphernalia at other than
a fixed location.
Retail Tobacco Business means any retail location that sells, offers for sale or does or offers for
exchange for any form of consideration Tobacco Products or Tobacco Paraphernalia. This
definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold,
offered for sale, exchanged or offered for exchange.
Self-Service Display means the open display or storage of Tobacco Products or Tobacco
Paraphernalia in a manner that is physically accessible in any way to the general public without
assistance from the Licensee or an employee of the Licensee through a direct, person-to-person
transfer between the recipient and the Licensee or an employee of the Licensee. A vending
machine is a form of Self-Service Display.
Tobacco Paraphernalia means any item designed for the consumption, use, or preparation of
Tobacco Products.
Tobacco Product means and includes any product that is made or derived from tobacco or that
contains nicotine or synthetic nicotine that is intended for human consumption or is likely to be
consumed whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any
other means including, but not limited to a cigarette, cigar, pipe tobacco, chewing tobacco, snuff or
snus. Tobacco Product also means any Electronic Smoking Device and any Component or Part
used in the consumption of a Tobacco Product(s) such as filters, rolling papers pipe and liquids
used in Electronic Smoking Devices whether or not said product contains nicotine. Tobacco
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Product does not include drugs, devices or combination products authorized for sale as a cessation
product by the United States Food and Drug Administration as the terms are defined in the Federal
Food, Drug and Cosmetic Act.
Tobacco Product Retail Location or Retail Location means any premises where Tobacco Products
or Tobacco Paraphernalia are sold or distributed to a consumer including, but not limited to,
hookah bar, lounge or café, any grounds occupied by a retailer, any store, outlet, location, vending
machine or structure where Tobacco Products are sold.
Tobacco Product Retailer means any Person who sells, offers for sale, or does or offers to
exchange for any form of consideration, Tobacco or Nicotine Products, or Tobacco Paraphernalia.
“Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to
the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or
offered for exchange.
Tobacco Product Retailing means the selling, offering for sale, or exchanging for any form of
consideration a Tobacco Product or Tobacco Paraphernalia.
Vending machine shall mean any mechanical, electrical, or electronic self-service device which,
upon insertion of money, tokens, or any other form of payment, dispenses product.
Youth Centered Facility means a school, park, playground, recreation center and any other facility
frequented by youth.
5.10.040 Minimum legal sales age.
Tobacco Products shall not be sold to any person younger than the Minimum Legal Sales Age.
5.10.050 License requirements and prohibitions.
(a) Tobacco Product Retailer License required.
(1) It shall be unlawful for any person to act as a Tobacco Product Retailer in the Town unless a
License has been first obtained from the Town and such License is maintained in full force and
effect pursuant to this Chapter for each location where Tobacco Product Retailing occurs.
(2) No license may be issued to authorize Tobacco Product retailing anywhere other than at a
fixed location that is designated in the License application and approved by the Licensing
Administrator. Tobacco Product Retailing by a persons on foot, from vehicles or through Mobile
Vending is prohibited.
(3) Tobacco Retailing without a valid License is a violation of this Chapter.
(b) Display of License. Each License shall be prominently displayed in a publicly visible location at the
licensed Tobacco Product Retail Location.
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(c) Display of Minimum Legal Sales Age Requirements. The requirement of the Minimum Legal Sale
Age for the purchase of Tobacco Retail Products and Tobacco Paraphernalia shall be prominently
displayed in the entrance (or other clearly visible location) of the Tobacco Product Retail Location.
(d) Other Prohibitions.
(1) A Tobacco Product Retail Location may only have one active License at one time. Every
License is separate and distinct and specific to a designated location. The License cannot be
assigned, delegated, sold, inherited or otherwise transferred between persons or transferred to
a different location, except as provided in this Chapter. No Licensee shall exercise the
privileges of any other License or delegate the privileges of its own License.
(2) A person or entity may not apply for a License for a one-year period after a License has been
revoked.
(3) No License shall be issued to any person under twenty-one (21) years of age.
5.10.060 Conditions of the Tobacco Product Retail License.
The following conditions shall apply to the Licensee:
(a) Minimum age for persons handling Tobacco Products. No Person who is younger than the
minimum age established by the Town to purchase and possess the Tobacco Products shall, while
employed at a Tobacco Product Retail Location, sell, stock, retrieve, or otherwise handle Tobacco
Products or Tobacco Paraphernalia.
(b) Prohibition of Self-Service Displays. Licensees shall stock and display all Tobacco Products and
Tobacco Paraphernalia in a manner so as to make all such products inaccessible to customers
without the assistance of a retail clerk, thereby requiring a direct face-to-face exchange of the
Tobacco Product or Tobacco Paraphernalia from an employee of the business to the customer
except in an Adult-Only Establishment.
(c) Requirements of positive identification. No person engaged in Tobacco Product Retailing shall sell
or transfer a Tobacco Product or Tobacco Paraphernalia to another person who appears to be
under the age of forty (40) years without first examining the identification of the recipient to confirm
that the recipient is at least twenty-one (21) years of age.
(d) No Licenses shall be issued within 500’ of schools. No Licenses will be issued to retailers located
within 500 feet from schools or youth populated areas (community specific locations, playgrounds,
parks etc.), as determined by the Licensing Administrator. This restriction shall not apply to a Retail
Location within 500 feet of a youth populated area that existed as of the date of first reading of this
Ordinance.
5.10.070 Application procedure.
(a) An application for a License shall be submitted and signed by an individual authorized by the
person or entity making application for the License. It is the responsibility of each applicant and/or
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Licensee to be informed regarding all laws applicable to tobacco retailing, including those laws
affecting the issuance of said License. No applicant and/or Licensee may rely on the issuance of a
License as a determination by the Town that the proprietor has complied with all applicable
Tobacco Product Retailing laws.
(b) All applications shall be submitted on a form supplied by the Licensing Administrator.
(c) A licensed Tobacco Product Retailer shall inform the Licensing Administrator in writing of any
change in the information submitted on an application for a License within thirty (30) business days
of a change.
(d) All License applications shall be accompanied by the payment in full of all fees as required in this
Chapter.
5.10.080 Issuance of a Tobacco Product License.
Upon the receipt of a completed application for a License as required by this Chapter, the Licensing
Administrator shall review and act on a License application within thirty (30) days, which period may be
extended by the Licensing Administrator for good cause, including but not limited to a request for more
information. The Licensing Administrator consider the following criteria reviewing a License application and
may deny such application based on non-compliance with the following review criteria:
(a) The information presented in the application is incomplete, inaccurate or false;
(b) The applicant seeks authorization for a License at a location where this Chapter prohibits the
issuance of a License;
(c) The applicant seeks a License for a location that is not appropriately zoned for the use;
(d) The applicant previously held and operated a License under this Chapter which License was
revoked during the last three (3) years or the applicant has held multiple Licenses which were
revoked in the last twenty (20) years;
(e) The applicant is not qualified to hold the requested License under the provisions of this Chapter; or
(f) The applicant and/or retail location is not in compliance with all Town, state or federal laws;
(g) The applicant is indebted to, or obligated in any manner to the Town for unpaid taxes, liens or other
monies; or
(h) The payment of the licensing fee in the full amount chargeable for such License does not
accompany such License application.
5.10.090 Denial of Tobacco Product License.
(a) If the Licensing Administrator denies the issuance of the License, the Licensing Administrator shall
notify the applicant in writing by regular mail postage prepaid on the address shown in the
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application. The notice shall include the grounds for denial. Notice is deemed to have been
properly given upon mailing.
(b) An applicant has the right to appeal the Licensing Administrator’s denial of an application to the to
the Avon Town Council. Such an appeal shall be initiated by filing a written request with the Town
Clerk within thirty (30) days of the date of the notice of denial of the issuance of a License. The
failure to file a written appeal within thirty (30) days after the date of transmittal of the decision to
deny the application shall bar any further consideration of the application, shall bar any appeal to
the Town Council and shall bar any judicial review by a Colorado court. The written appeal shall
state the reasons for the appeal. An appeal which is filed timely shall be considered and acted
upon by the Town Council within forty-five (45) days after the date of receipt. The Town shall
provide at least three (3) days' prior notice to the applicant stating the date, time and location
where the Town Council will consider the appeal. The decision of the Town Council shall be in
writing. The Town Council shall review the appeal and application de novo and shall act on the
appeal based on compliance with the review criteria.
5.10.100 License term, renewal and expiration.
(a) Term. All Licenses issued under this Code shall be for the period of one (1) year or a fraction
thereof and shall expire on the last day of December of each calendar year unless otherwise
specifically provided.
(b) Renewal of License. A Licensee shall apply for the renewal of the License and submit the renewal
License fee no later than thirty (30) days prior to expiration of the existing term. The Licensing
Administrator shall renew the License prior to the end of the term, provided that the renewal
application and fee were timely submitted and the Licensing Administrator is not aware of any fact
that would have prevented issuance of the original License or issuance of the renewal.
(c) Expiration of License. A License that is not timely renewed shall expire at the end of its term. The
failure to timely obtain a renewal of a License requires submission of a new application. There shall
be no sale of any Tobacco Products or Tobacco Paraphernalia after the License expiration date
and before the new License is issued.
5.10.110 License non-transferable.
(a) A License shall not be transferred from one (1) person to another or from one location to another.
(b) When a License has been issued to a husband and wife, or to general or limited partners, the
death of a spouse or partner shall not require the surviving spouse or partner to obtain a new
License for the remainder of the term of that License. All rights and privileges granted under the
original License shall continue in full force and effect as to such survivors for the balance of the
term of the License.
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5.10.120 Fee for License.
(a) The annual fee for original issuance of a License for applications filed in 2018 shall be five hundred
dollars ($500). The fee to issue or to renew a License may be changed from time to time by
resolution of the Town Council. The fee shall be calculated so as to recover the direct and indirect
costs of administration and enforcement of this Chapter, including, for example, issuing a License,
administering the License program, retailer education and training, retailer inspection, compliance
checks, community outreach and education, documentation of violations, and prosecution of
violators, but shall not exceed the cost of the regulatory program authorized by this Chapter. Fees
are nonrefundable except as may be required by law.
(b) All fees and interest from proceeds of License fees under this Chapter shall be deposited in a
separate cash account established by the Town. These funds are to be used exclusively to defray
the costs of the local licensing program.
(c) As part of the annual budget process, the amount of fees charged by the Town pursuant to this
Section shall be reviewed and, if necessary, adjusted to reflect the direct and indirect costs
incurred by the Town in connection with the adoption, administration and enforcement of this
Chapter.
(d) Beginning with the fiscal 2018 budget, the amount of the fees charged by the Town pursuant to this
Section shall be fixed by Town Council as part of its annual budget process. If, for any reason,
such fees are not fixed by Town Council as part of its annual budget process, the fees for the
preceding year shall continue to in full force and effect until changed by Town Council.
5.10.130 Compliance monitoring.
(a) Compliance monitoring of this Chapter shall be by the Avon Police Department, as the Avon Police
Department (or its designee) deems appropriate.
(b) The Avon Police Department shall have discretion to consider previous compliance check history
or prior violations of a Licensee in determining how frequently to conduct compliance checks of the
Licensee with respect to individual Licensees.
(c) The Avon Police Department shall inspect each Tobacco Product Retailer at least two (2) times per
twelve (12) month period. Nothing in this paragraph shall create a right of action in any Licensee or
other Person against the Town or its agents.
(d) Compliance checks shall be conducted as the Avon Police Department deems appropriate so as to
allow the Avon Police Department to determine, at a minimum, if the Tobacco Product Retailer is
conducting business in a manner that complies with laws regulating access to Tobacco Products.
When the Avon Police Department deems appropriate, the compliance checks shall determine
compliance with other laws applicable to Tobacco Products.
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5.10.140 Suspension or revocation of License.
(a) The following shall be grounds for suspension or revocation of the Licensee’s License:
(1) A violation by a Licensee or Licensee’s officers, agents, or employees of any of the provisions
of this Chapter, or any laws of the United States, the State of Colorado or ordinances of the
Town relating to the sale or furnishing of tobacco or Cigarettes to minors, or the storage or
display of Cigarettes or tobacco products;
(2) Violations of any conditions imposed by the Licensing Administrator, Hearing Officer or Town
Council in connection with the issuance or renewal of a License;
(3) Failure to pay State or local taxes that are related to the operation of the business associated
with the License;
(4) Loss of right to possession of the licensed premises; or,
(5) Fraud, misrepresentation, or a false statement of material fact contained in the original or
renewal license application.
(b) The Town Council shall hear all actions relating to the suspension or revocation of Licenses
pursuant to this Chapter. The Town Council shall have the authority to suspend, revoke, or impose
remedial sanctions for violations.
(c) The Licensing Administrator shall commence suspension or revocation proceedings by petitioning
the Town Council to issue an order to the Licensee to show cause why the Licensee’s License(s)
should not be suspended or revoked. The Town Council shall issue such an order to show cause if
the petition demonstrates that probable cause exists to determine that one or more grounds exist
pursuant to subsection (a) to suspend or revoke the Licensee’s License. The order to show cause
shall set the matter for a public hearing before the Town Council.
(d) Notice of the order to show cause order and hearing date shall be mailed to Licensee by regular
mail, postage prepaid, at the address shown on the License no later than twenty (20) days prior to
the hearing date. Notice is deemed to have been properly given upon mailing.
(e) In determining whether a License should be suspended or revoked, and in determining whether to
impose conditions in the event of a suspension, the Town Council shall consider the following
factors:
(1) The nature and circumstances of the violation;
(2) Corrective action, if any taken by the Licensee;
(3) Prior violations, if any by the Licensee;
(4) The likelihood of recurrence of the violation;
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(5) Whether the violation was knowing or willful; and
(6) Previous suspensions, revocations, penalties, fines or other sanctions, if any, imposed on the
Licensee.
5.10.150 Violation, Penalties and Fines.
(a) Licensees: penalties and fines. In addition to any other penalty authorized by law, and if the Town
Council determines based on a preponderance of the evidence, that the Licensee, or any of the
Licensee’s agents or employees, has violated any of the requirements, conditions, or prohibitions
of this Chapter, or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any
law relating to the sale of tobacco to minors including but not limited to C.R.S. sections 18-13-121
and 24-35-503, the Town Council may consider the following non-binding guidelines in determining
the sanctions to be imposed upon a Licensee as follows:
(1) One violation within thirty-six (36) months: a civil penalty of five hundred dollars ($500) and/or
suspension of the License for three (3) days.
(2) Two violations within thirty-six (36) months: a civil penalty of one thousand dollars ($1,000) and
suspension of the License for seven (7) days.
(3) Three violations within thirty-six (36) months: a civil penalty of one thousand five hundred
dollars ($1,500) and a minimum twenty (20) days suspension of the License.
(4) Four violations within thirty-six (36) months: a civil penalty of two thousand dollars ($2,000) and
revocation of License.
The actual sanction imposed upon a Licensee for any violation may vary from the above-stated guidelines
when warranted by the specific facts and circumstances of the case.
(b) After the effective date of this ordinance, it shall be unlawful for any Tobacco Product Retailer to
sell a Tobacco Product or Tobacco Paraphernalia without a License as mandated under this
Chapter, or with a suspended or revoked License. In addition, the Hearing Officer may impose civil
penalties of up to $2,500 for each separate Tobacco Product or Tobacco Paraphernalia sold during
the period of non-compliance with this Chapter. A retailer whose License has been suspended or
revoked 1) shall not display Tobacco Products or Tobacco Paraphernalia in public view during the
timeframe in which the License is suspended or revoked; and 2) advertisements relating to
Tobacco Products and/or Tobacco Paraphernalia that promote the sale or distribution of such
products from the location that could lead a reasonable person to believe that such products can
be obtained from that location shall not be displayed.
5.10.160 Enforcement.
(a) The remedies provided by this Chapter are cumulative and in addition to any other remedies
available at law or in equity. In addition to other remedies provided by this Chapter or by other law,
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any violation of this Chapter may be remedied by a civil action brought by the Town Attorney,
including but not limited to injunctive relief.
(b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall
cause the offender to be subject to the penalties set forth herein or in the Avon Municipal Code.
5.10.170 No rights in License.
Every License issued under this Chapter confers only a limited and conditional privilege subject to the
requirements, conditions, limitations and qualifications of this Chapter. The License does not confer a
property right of any kind. The License and privilege created by the License may be further regulated,
limited or completely extinguished at the discretion of Town Council or the electorate of the Town, as
provided in this Chapter, without any compensation to the Licensee. Nothing contained in this Chapter
grants to any Licensee any vested right to continue operating under the provisions of this Chapter as they
existed at the time the License was approved or issued, and every License shall be subject to any
ordinance or prohibition adopted after the License was approved or issued.
5.10.180 Violations.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of
this Chapter. Any person who violates any provisions of this Chapter shall be punished in accordance
with the provisions of Chapter 1.08 – General Penalty of this Code.
5.10.190 Effective Date.
This Chapter shall become effective as of January 1, 2019 and shall be subject to enforcement on and after
that date. Any Tobacco Product Retailer without a License after the effective date will be in violation of this
Chapter.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Deputy Town Manager
Meeting Date: August 28, 2018
Topic: RESOLUTION 18-12, SUBMITTING TO THE ELECTORATE OF THE TOWN OF AVON, DURING THE
NOVEMBER 6, 2018 GENERAL ELECTION, A QUESTION SEEKING AUTHORITY TO INCREASE
TAXES ON THE SALE OF CIGARETTES AND OTHER TOBACCO AND NICOTINE PRODUCTS
ACTION BEFORE COUNCIL:
Council is asked to take action on Resolution 18-12, which would place a local cigarette and other
tobacco product sales tax question on the November 6, 2018 General Election ballot. The attached
resolution is the recommended ballot language based upon Council’s discussion during the August 14,
2018 Council meeting.
BACKGROUND:
At the August 14, 2018 Council meeting, Council approved First Reading of Ordinance 18-08, thereby
adopting a new Chapter 5.10 of Title 5 of the Avon Municipal Code establishing licensing of tobacco
retailers. Ordinance 18-08, if approved on Second Reading, would raise the legal age to purchase
tobacco products from 18 to 21 years of age and create a local tobacco sales license for the Town of
Avon. Subsequently, Council directed staff, by motion and vote, to prepare a ballot question, for
Council consideration, that would seek authority to increase taxes on the sale of cigarettes and other
tobacco products. Avon currently has nine tobacco retailers and each of them has been informed of
this proposed ballot question.
In June 2017, the City of Aspen became the first municipality in Colorado to enact an ordinance raising
the legal sales age for tobacco products from 18 to 21 years of age and creating a local tobacco sales
license. The Basalt Town Council followed suit with a similar ordinance in March 2018. In addition,
voters in both municipalities approved a new municipal tax on tobacco products. In November 2017,
Aspen voters approved a new cigarette sales tax that starts at $3 per pack and increases by $0.10 per
year up to a maximum of $4.00 per pack for cigarettes and a 40% sales tax on all other tobacco
products. Aspen voters approved the local cigarette tax by 74.2% in favor to 25.8% against. In April
2018, Basalt voters approved a cigarette tax of $2.00 per pack and a 40% tax on other tobacco
products.
BALLOT QUESTION OPTIONS:
Resolution 18-12 establishes the ballot language that would appear on the November 6, 2018 General
Election ballot. There are three ballot question options that have been prepared for Council
consideration.
Option 1 includes a new tax of $0.23 per pack of cigarettes and a 40% tax on all other tobacco
products. This amount is expected to generate an amount of tax revenue that is similar to what the
Town currently receives in tobacco tax revenues.
Option 2 includes a new tax of $2.00 per pack of cigarettes and a 40% tax on all other tobacco
products. This is the amount of tax that the Town of Basalt adopted.
Option 3 includes a new tax of $3.00 per pack of cigarettes and a 40% tax on all other tobacco
products. This is the amount of cigarette tax that the City of Aspen adopted without the increase of
ten cents per year for ten years.
Based on testimony and presentations from the last Council meeting, staff encourages Council to
consider whether Council desires a revenue neutral ballot question to replace the state share of
cigarette tax revenues or if Council desires to adopt an increased cigarette and tobacco tax that is
intended to discourage use of tobacco and nicotine products. Currently, Colorado ranks 39th in state
cigarette tax at $0.84 per pack, the national average cigarette tax is $1.75 per pack, the lowest state
cigarette tax is Virginia at $0.30 and the highest cigarette tax is New York at $4.35. Comparisons and
rankings for state and local cigarette and tobacco taxes are included.
The ballot language in each option is in compliance with the TABOR provisions of the Colorado State
Constitution. Please note that TABOR mandates ballot questions that propose a new tax to start with
the language “SHALL TOWN TAXES BY INCREASED BY UP TO $_____________,”. If the amount stated
for projected tax revenues during the first year is less than the actual revenues received, then the
Town is required to rebate the additional taxes to taxpayers, which is extremely complicated and
cumbersome for retail sales. For this reason, the general practice is to estimate the projected tax
revenues on the high side so that actual tax revenues are less than the stated amount and the
obligation to rebate a portion of the revenues is not triggered.
If approved by Council, the Town Clerk will forward the selected ballot question option to the Eagle
County Clerk and Recorder. The deadline for Council to refer a ballot question to the November 6, 2018
General Election is September 7, 2018. However, Council is authorized by the Avon Home Rule Charter
and by state statute to refer a ballot question to a special election.
The three ballot question options are as follows:
OPTION 1
Tax Increase on the Sale of Tobacco and Nicotine Products.
SHALL TOWN TAXES BE INCREASED BY UP TO $50,000 IN 2019 AND BY SUCH AMOUNTS AS
MAY BE GENERATED ANNUALLY THEREAFTER BY THE IMPOSITION OF NEW TAXES AS
FOLLOWS:
BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW TAX OF TWENTY-THREE CENTS
PER PACK OF TWENTY CIGARETTES SOLD;
BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW SALES TAX OF 40% ON THE
SALES PRICE OF ALL OTHER TOBACCO AND NICOTINE PRODUCTS;
THE TERMS “CIGARETTES” AND “TOBACCO PRODUCTS” HAVE THE SAME MEANINGS
AS IN SECTION 5.10.030 OF THE AVON MUNICIPAL CODE;
AND THAT THE TOWN MAY COLLECT, RETAIN AND EXPEND ALL OF THE REVENUES OF
SUCH TAXES AND THE EARNINGS THEREON, NOTWITHSTANDING THE LIMITATION OF
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?
OPTION 2
Tax Increase on the Sale of Tobacco and Nicotine Products.
SHALL TOWN TAXES BE INCREASED BY UP TO $400,000 IN 2019 AND BY SUCH AMOUNTS AS
MAY BE GENERATED ANNUALLY THEREAFTER BY THE IMPOSITION OF NEW TAXES AS
FOLLOWS:
BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW TAX OF TEN CENTS PER
CIGARETTE OR TWO DOLLARS PER PACK OF TWENTY CIGARETTES SOLD;
BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW SALES TAX OF 40% ON THE
SALES PRICE OF ALL OTHER TOBACCO AND NICOTINE PRODUCTS;
THE TERMS “CIGARETTES” AND “TOBACCO PRODUCTS” HAVE THE SAME MEANINGS
AS IN SECTION 5.10.030 OF THE AVON MUNICIPAL CODE;
AND THAT THE TOWN MAY COLLECT, RETAIN AND EXPEND ALL OF THE REVENUES OF
SUCH TAXES AND THE EARNINGS THEREON, NOTWITHSTANDING THE LIMITATION OF
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?
OPTION 3
Tax Increase on the Sale of Tobacco and Nicotine Products.
SHALL TOWN TAXES BE INCREASED BY UP TO $600,000 IN 2019 AND BY SUCH AMOUNTS AS
MAY BE GENERATED ANNUALLY THEREAFTER BY THE IMPOSITION OF NEW TAXES AS
FOLLOWS:
BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW TAX OF FIFTEEN CENTS PER
CIGARETTE OR THREE DOLLARS PER PACK OF TWENTY CIGARETTES SOLD;
BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW SALES TAX OF 40% ON THE
SALES PRICE OF ALL OTHER TOBACCO AND NICOTINE PRODUCTS;
THE TERMS “CIGARETTES” AND “TOBACCO PRODUCTS” HAVE THE SAME MEANINGS
AS IN SECTION 5.10.030 OF THE AVON MUNICIPAL CODE;
AND THAT THE TOWN MAY COLLECT, RETAIN AND EXPEND ALL OF THE REVENUES OF
SUCH TAXES AND THE EARNINGS THEREON, NOTWITHSTANDING THE LIMITATION OF
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?
FINANCIAL IMPLICATIONS:
If Council approves Ordinance 18-08 on Second Reading, it would raise the legal age to purchase
tobacco products from 18 to 21 years of age and create a local tobacco sales license for the Town of
Avon. As a result, the Town would become ineligible for state revenue sharing from the state cigarette
and tobacco taxes. More specifically, the Town would forego state cigarette tax revenues of
approximately $42,000.00 per year. As depicted in Attachment 2 – State of Colorado Cigarette Tax
Information, the state distributes 27% of the cigarette tax revenue to local governments based on the
amount of revenue collected within a given city or county. Given that the Town receives
approximately $42,000.00 in state cigarette tax revenue each year, that means the state cigarette tax
generates approximately $155,500.00 each year from all nine tobacco retailers in Avon combined. With
the state taxing cigarettes at a rate of $0.84 per pack, that would mean that approximately 185,000
packs of cigarettes are sold in Avon every year. The proposed tax of $0.23 per pack of cigarettes in
Option 1 is designed to recover the loss of approximately $42,000.00 per year in revenue share from
the state cigarette tax. Options 2 and 3 with proposed tax rates of $2.00 per pack of cigarettes and
$3.00 per pack of cigarettes, respectively, are projected to generate substantially more revenue than
what the Town currently receives from the state.
OPTION TO DEDICATE TAX REVENUES TO SPECIFIC PURPOSE:
If Council desires, the revenues from this proposed tax on tobacco and nicotine products can be
earmarked for a specific purpose, just as revenues from the Town’s Real Estate Transfer Tax are
dedicated to funding Capital Improvement Projects. Council may include language within the ballot
question which dedicates the tax revenue for a specific purpose or Council may adopt an ordinance at
any time which dedicates the tax revenue for a specific purpose. The current cigarette tax revenues
are not dedicated to any purpose and are received in the Town’s General Fund. Basalt’s ballot
question dedicated the tobacco tax revenues to “tobacco-related education and tobacco-related
health issues, and addiction and substance-abuse education and mitigation.”
Due to the expedited preparation of this ballot issue, staff does not recommend including any
language in the ballot question which dedicates the tobacco tax revenue to a specific purpose
because there has been no time to research such programs or funding implications. If Council desires
to consider dedicating the tobacco tax revenues to a specific purpose, staff recommends scheduling
work sessions for such discussion and taking action by ordinance in the future to dedicate the
revenues.
PROPOSED MOTION:
“I move to approve Resolution 18-12 with Option ___ ballot language [with or without modifications],
thereby referring a local tobacco tax ballot question to the November 6, 2018 General Election.”
ATTACHMENT:
Attachment 1 – Resolution 18-12
Attachment 2 – State of Colorado Cigarette Tax Information
Attachment 3 – Local and State Cigarette Tax Rate Information
Resolution 18-12
Page 1 of 3
RESOLUTION 18-12
SUBMITTING TO THE ELECTORATE OF THE TOWN OF AVON, DURING THE
NOVEMBER 6, 2018 GENERAL ELECTION, A QUESTION SEEKING AUTHORITY
TO INCREASE TAXES ON THE SALE OF CIGARETTES AND OTHER TOBACCO AND NICOTINE PRODUCTS
WHEREAS, the Town of Avon, Colorado (the “Town”), is a duly organized and existing home-
rule municipality of the State of Colorado, created and operating pursuant to Article XX of the
Constitution of the State of Colorado and its Home Rule Charter of the Town of Avon, Colorado
(the “Town Charter”); and
WHEREAS, the members of the Town Council of the Town of Avon (the “Council”) have been
duly elected and qualified; and
WHEREAS, the Council hereby finds that tobacco and nicotine addiction is a leading cause of preventable death, that people should be deterred from starting the use of tobacco and nicotine
products and encouraged to quit the use of tobacco and nicotine products, and that taxes on the
sale of tobacco and nicotine products are effective at preventing and reducing tobacco and
nicotine use; and
WHEREAS, the Council hereby designates revenues collected through this tax would be placed
in the General Fund with the specific purpose of financing health and human services, tobacco
related health issues, and addiction and substance abuse education and mitigation; and
WHEREAS, Section 13.1 of the Town Charter authorizes the Town to levy and collect taxes for municipal purposes; and
WHEREAS, Article X, Section 20 of the Colorado Constitution (“TABOR”) requires voter
approval for any increase in taxes; and WHEREAS, TABOR requires the Town to submit ballot issues (as defined in TABOR) to the
Town’s electorate on limited election days before action can be taken on such ballot issues; and
WHEREAS, November 6, 2018, is one of the election dates at which ballot issues may be
submitted to the electorate of the Town pursuant to TABOR;
WHEREAS, the Council hereby determines that it is in the interests of the Town and its
residents to submit to the electorate of the Town, the question of authorizing a tax increase on the
sale of tobacco and nicotine products at its regular municipal election to be held on November 6,
2018; and
WHEREAS, the Eagle County Clerk and Recorder is conducting a coordinated election
pursuant to the Uniform Election Code of 1992, being Articles 1 to 13 of Title 1, C.R.S. (the
“Uniform Election Code”) on November 6, 2018; and
ATTACHMENT 1
Resolution 18-12
Page 2 of 3
WHEREAS, on August 14, 2018, the Council approved an Intergovernmental Agreement with the Eagle County Clerk and Recorder concerning the November 6, 2018 general election.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following: Section 1. All action heretofore taken (not inconsistent with the provisions of this resolution)
by the Town and the officers thereof, directed towards the election and the objects and purposes
herein stated is hereby ratified, approved and confirmed.
Section 2. Unless otherwise defined herein, all terms used herein shall have the meanings
defined in the Uniform Election Code, C.R.S. Title 1, Article 1.
Section 3. The following ballot issue, certified in substantially the form set forth below, is
hereby referred to the electorate of the Town and shall appear on the ballot of the Town at the
regular municipal election of November 6, 2018, with the following ballot title which is set
pursuant to C.R.S. §31-11-111:
Tax Increase on the Sale of Tobacco and Nicotine Products.
SHALL TOWN TAXES BE INCREASED BY UP TO ____________ IN 2019
AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY
THEREAFTER BY THE IMPOSITION OF NEW TAXES AS FOLLOWS:
BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW TAX OF
_____ CENTS PER CIGARETTE OR ___________ PER PACK OF
TWENTY CIGARETTES SOLD;
BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW SALES TAX OF 40% ON THE SALES PRICE OF ALL OTHER TOBACCO
AND NICOTINE PRODUCTS;
THE TERMS “CIGARETTES” AND “TOBACCO PRODUCTS” HAVE
THE SAME MEANINGS AS IN SECTION 5.10.030 OF THE AVON MUNICIPAL CODE;
AND THAT THE TOWN MAY COLLECT, RETAIN AND EXPEND
ALL OF THE REVENUES OF SUCH TAXES AND THE EARNINGS
THEREON, NOTWITHSTANDING THE LIMITATION OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY
OTHER LAW?
YES____________
NO_____________
Resolution 18-12
Page 3 of 3
Section 4. The Town Clerk is hereby appointed as the designated election official of the Town for purposes of performing acts required or permitted by law in connection with the
election.
Section 5. The officers of the Town are hereby authorized and directed to take all action
necessary and appropriate to effectuate the provisions of this resolution.
Section 6. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall in no manner affect any remaining provision of this
resolution.
Section 7. All resolution or parts of resolution inconsistent herewith are hereby repealed to
the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed.
Section 8. The effective date of this resolution shall be immediately upon adoption.
INTRODUCED, READ, AND ADOPTED by the Town Council of the Town of Avon on
the 28th day of August, 2018.
By:____________________________ Attest:___________________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
State of Colorado Cigarette Tax Information
https://leg.colorado.gov/agencies/legislative-council-staff/cigarette-tax
Cigarette Tax
Table of Contents
Background
The cigarette tax is levied on the sale of cigarettes by wholesalers and is assessed at a fixed
amount on each single cigarette sold. The cigarette tax has two components. The first, enacted
in 1964, is a tax of 1¢ per cigarette. 1 In 2004, voters approved an additional 3.2¢ tax per
cigarette with the passage of Amendment 35. The Department of Revenue is responsible for
administering both taxes, which are collected in practice as a single tax of 84¢ per pack of 20
cigarettes. Wholesalers are responsible for collection of the tax and must submit monthly
payments to the Department of Revenue on or before the tenth day of the month following
collections.
The original 1¢ tax is subject to the TABOR Amendment’s limitations on state revenue and
spending. Amendment 35 is a voter-approved tax increase, exempting the additional tax revenue
from the TABOR limit.
Tax Rate
Cigarettes are taxed at 4.2¢ per cigarette (84¢ per pack of 20 cigarettes). Cigarettes are also
subject to the 2.9 percent state sales tax. Local governments and special districts may also levy a
cigarette tax. However, local governments that do so are not entitled to an allocation of state
cigarette tax revenue and, in practice, no local taxes are levied. No tax exemptions or credits are
available for cigarettes.
Distribution
The distribution of revenue from the cigarette tax and tobacco tax is illustrated below. Through
the Old Age Pension Fund, revenue from the original 1¢ tax per cigarette is allocated to the
General Fund for spending on general operations at the discretion of the General Assembly.
2,3 Twenty-seven percent of this revenue is distributed to local governments based on the
amount of revenue collected within a given city or county. 4 A majority of Amendment 35
revenue is distributed to state and local government health care and tobacco prevention
programs, as required by the Colorado Constitution. 5,6
Cigarette and Tobacco Tax Distributions, FY 2016-17
Federal Taxes
The federal government levies a $1.01 excise tax on each pack of 20 cigarettes. The federal tax
was increased from 39¢ per pack in 2009.
State Comparisons
All states and territories in the U.S. levy excise taxes on cigarettes. Colorado’s tax on cigarettes
is below the national average, ranking 37th of the 50 states as of 2017. New York levies the
highest state excise tax at $4.35 per pack. Missouri levies the lowest state excise tax at 17¢ per
pack.
____________________
1Colo. Const. art X, § 21, Part 1 of Title 39, Article 28, C.R.S., and Section 39-22-623, C.R.S.
2Pursuant to Article XXIV, Section 2, of the Colorado Constitution, 85 percent of the revenue from excise taxes
(excluding transportation-related excise taxes) is constitutionally required to be credited to the Old Age Pension
Fund, which funds a program offering financial assistance and medical benefits to low-income adults age 60 or older
who meet certain eligibility requirements. The amount of revenue collected from excise taxes far exceeds the
amount required to fund the Old Age Pension program. This excess revenue is allocated to the General Fund for
spending on general operations at the discretion of the General Assembly.
3Section 39-28-110 (1), C.R.S.
4Section 39-22-623, C.R.S.
5Colo. Const. art X, § 21.
6Section 24-22-117, C.R.S.
1400 I Street NW · Suite 1200 · Washington, DC 20005
Phone (202) 296-5469 · Fax (202) 296-5427 · www.tobaccofreekids.org
Most counties and cities do not have their own cigarette tax rates, but there are major exceptions. More
than 600 local jurisdictions have their own cigarette tax rates, bringing in about $440 million in annual
revenue and working effectively to reduce smoking rates, especially among youth. The following are the
highest cigarette tax jurisdictions taking all state and local cigarette taxes into consideration.
1. Chicago ($1.18) plus Cook County ($3.00) plus Illinois ($1.98) $6.16 per pack
2. New York City ($1.50 per pack) plus New York State ($4.35) $5.85 per pack
3. Evanston ($0.50) plus Cook County ($3.00) plus Illinois ($1.98) $5.48 per pack
4. Cicero ($0.16) plus Cook County ($3.00) plus Illinois ($1.98) $5.14 per pack
5. Juneau ($3.00) plus Alaska ($2.00) $5.00 per pack
6. Cities with no tax in Cook County ($3.00) plus Illinois ($1.98) $4.98 per pack
7. Philadelphia ($2.00) plus Pennsylvania ($2.60) $4.60 per pack
8. Sitka ($2.462) plus Alaska ($2.00) $4.462 per pack
9. Anchorage ($2.41) plus Alaska ($2.00) $4.41 per pack
10. New York state ($4.35), excluding New York City $4.35 per pack
11. Connecticut ($4.35), with no local cigarette taxes $4.35 per pack
12. Matanuska-Susitna Borough ($2.28) plus Alaska ($2.00) $4.28 per pack
13. Rhode Island ($4.25), with no local cigarette taxes $4.25 per pack
14. Kotzebue ($2.20) plus Alaska ($2.00) $4.20 per pack
15. Petersburg ($2.03) plus Alaska ($2.00) $4.03 per pack
16. Bethel ($2.00) plus Alaska ($2.00) $4.00 per pack
17. Ketchikan ($2.00) plus Alaska ($2.00) $4.00 per pack
18. Northwest Arctic Borough ($2.00) plus Alaska ($2.00) $4.00 per pack
19. Aspen ($3.00) plus Colorado ($0.84) $3.84 per pack
20. Massachusetts ($3.51), with no local cigarette taxes $3.51 per pack
21. Hawaii ($3.20), with no local cigarette taxes $3.20 per pack
22. Vermont ($3.08), with no local cigarette taxes $3.08 per pack
23. Minnesota ($3.04), with no local cigarette taxes $3.04 per pack
24. Washington ($3.025), with no local cigarette taxes $3.025 per pack
25. Barrow ($1.00) plus Alaska ($2.00) $3.00 per pack
26. Aniak ($1.00) plus Alaska ($2.00) $3.00 per pack
27. California ($2.87), with no local cigarette excise taxes $2.87 per pack
28. Basalt ($2.00) plus Colorado ($0.84) $2.84 per pack
29. New Jersey ($2.70), with no local cigarette taxes $2.70 per pack
30. Pennsylvania ($2.60), excluding Philadelphia $2.60 per pack
31. Wisconsin ($2.52), with no local cigarette taxes $2.52 per pack
32. Washington, DC ($2.50) $2.50 per pack
33. Fairbanks ($0.32) plus Alaska ($2.00) $2.32 per pack
34. Delaware ($2.10), with no local cigarette taxes $2.10 per pack
35. Oklahoma ($2.03), with no local cigarette taxes $2.03 per pack
36. Maine ($2.00), with no local cigarette taxes $2.00 per pack
37. Michigan ($2.00), with no local cigarette taxes $2.00 per pack
38. Arizona ($2.00), with no local cigarette taxes $2.00 per pack
39. Alaska ($2.00), excluding areas with local cigarette taxes $2.00 per pack
40. Maryland ($2.00), with no local cigarette taxes $2.00 per pack
41. Illinois ($1.98), excluding areas with local cigarette taxes $1.98 per pack
42. Cuyahoga County ($0.345) plus Ohio ($1.60) $1.945 per pack
The table shows state and local cigarette excise tax rates in effect as of July 1, 2018 (Basalt, CO and OK
effective 7/1/18). These combined cigarette tax rates do not include the federal cigarette tax ($1.01 per
pack) or any state or local sales taxes that apply to cigarettes. Nationally, estimated smoking-caused
health costs and lost productivity totals $19.16 per pack. The average state cigarette tax rate, not
including local tax rates, is $1.75 per pack.
New York City is the only locality with its own cigarette tax in New York State. Philadelphia is the only
locality with its own cigarette tax in Pennsylvania. Aspen is the only locality with its own cigarette tax in
TOP COMBINED STATE-LOCAL CIGARETTE TAX RATES
(State plus County plus City)
Top Combined State-Local Combined Cigarette Tax Rates / Page 2
Colorado. There are at least 15 local taxes in Alaska, some of which are adjusted for inflation annually
and some of which are collected as a percent of wholesale price. Alabama (67.5¢ per pack) has 343
cities and 54 counties with their own low cigarette taxes; Missouri (17¢) has 128 cities and 2 counties;
Ohio ($1.60) has one county; Colorado ($0.84) has two cities; and Virginia (30¢), has 96 cities and 2
counties with local tax rates ranging from four cents to $1.15, with the highest combined rate of $1.45 per
pack in Alexandria. San Francisco charges a 75-cent per pack Cigarette Litter Abatement Fee in addition
to the state excise tax, but localities in CA cannot impose local cigarette excise taxes. Because of the low
cigarette tax in some states, their highest state-plus-local rates can still be lower than many other states’
cigarette taxes. Some states prohibit local cigarette tax rates or limit the maximum rates. Some localities
also impose a tax on non-cigarette tobacco products.
Sources: Orzechowski & Walker, Tax Burden on Tobacco, 2016; media reports; state and local tax officials.
Campaign for Tobacco-Free Kids, June 25, 2018 / Ann Boonn
1400 I Street NW - Suite 1200 - Washington, DC 20005
Phone (202) 296-5469 · Fax (202) 296-5427 · www.tobaccofreekids.org
Average State Cigarette Tax: $1.75 per pack
State Tax Rank State Tax Rank State Tax Rank
Alabama $0.675 41st Louisiana $1.08 37th Oklahoma $2.03 15th
Alaska $2.00 16th Maine $2.00 16th Oregon $1.33 32nd
Arizona $2.00 16th Maryland $2.00 16th Pennsylvania $2.60 11th
Arkansas $1.15 35th Massachusetts $3.51 4th Rhode Island $4.25 3rd
California $2.87 9th Michigan $2.00 16th South Carolina $0.57 45th Colorado $0.84 39th Minnesota $3.04 7th South Dakota $1.53 28th
Connecticut $4.35 1st Mississippi $0.68 40th Tennessee $0.62 43rd
Delaware $2.10 14th Missouri $0.17 51st Texas $1.41 29th
DC $2.50 13th Montana $1.70 24th Utah $1.70 24th
Florida $1.339 31st Nebraska $0.64 42nd Vermont $3.08 6th
Georgia $0.37 49th Nevada $1.80 22nd Virginia $0.30 50th
Hawaii $3.20 5th New Hampshire $1.78 23rd Washington $3.025 8th Idaho $0.57 45th New Jersey $2.70 10th West Virginia $1.20 34th
Illinois $1.98 21st New Mexico $1.66 26th Wisconsin $2.52 12th
Indiana $0.995 38th New York $4.35 1st Wyoming $0.60 44th
Iowa $1.36 30th North Carolina $0.45 47th Puerto Rico $5.10 NA
Kansas $1.29 33rd North Dakota $0.44 48th Guam $3.00 NA
Kentucky $1.10 36th Ohio $1.60 27th Northern Marianas $1.75 NA
Table shows all cigarette tax rates in effect as of July 1, 2018 (KY and OK effective 7/1/18). Since 2002, 48 states and the
District of Columbia have increased their cigarette tax rates more than 130 times. The states in bold have not increased their
tax for at least 10 years (since 2008 or earlier). Currently, 36 states, DC, Puerto Rico, the Northern Marianas, and Guam
have cigarette tax rates of $1.00 per pack or higher; 19 states, DC, Puerto Rico, and Guam have cigarette tax rates of $2.00
per pack or higher; eight states, Puerto Rico and Guam have cigarette tax rates of $3.00 per pack or higher; three states and
Puerto Rico have cigarette tax rates of $4.00 per pack or higher; and Puerto Rico has a cigarette tax rate higher than $5.00.
States’ average includes DC, but not Puerto Rico, other U.S. territories, or local cigarette taxes. The median tax rate is $1.66
per pack. AK, MI, MN, MS, TX, and UT also have special taxes or fees on brands of manufacturers not participating in the
state tobacco lawsuit settlements (NPMs).
The highest combined state-local tax rate is $6.16 in Chicago, IL, with New York City second at $5.85 per pack.
Other high state-local rates include Evanston, IL at $5.48 and Juneau, AK at $5.00 per pack. For more information on
local cigarette taxes, see: http://tobaccofreekids.org/research/factsheets/pdf/0267.pdf.
Federal cigarette tax is $1.01 per pack. From the beginning of 1998 through 2002, the major cigarette companies
increased the prices they charge by more than $1.25 per pack (but also instituted aggressive retail-level discounting for
competitive purposes and to reduce related consumption declines). In January 2003, Philip Morris instituted a 65-cent per
pack price cut for four of its major brands, to replace its retail-level discounting and fight sales losses to discount brands,
and R.J. Reynolds followed suit. In the last several years, the major cigarette companies have increased their product
prices by almost $1.00 per pack. Nationally, estimated smoking-caused health costs and lost productivity totals
$19.16 per pack.
The weighted average price for a pack of cigarettes nationwide is roughly $6.36 (including statewide sales taxes but not
local cigarette or sales taxes, other than NYC’s $1.50 per pack cigarette tax), with considerable state-to-state differences
because of different state tax rates, and different manufacturer, wholesaler, and retailer pricing and discounting practices.
AK, DE, MT, NH & OR have no state retail sales tax at all; OK has a state sales tax, but does not apply it to cigarettes;
MN & DC apply a per-pack sales tax at the wholesale level; and AL, GA & MO (unlike the rest of the states) do not apply
their state sales tax to that portion of retail cigarette prices that represents the state’s cigarette excise tax.
Campaign for Tobacco-Free Kids, June 25, 2018 / Ann Boonn
For additional information see the Campaign’s website at https://tobaccofreekids.org/fact-sheets/tobacco-control-policies/tobacco-taxes. Sources: Orzechowski & Walker, Tax Burden on Tobacco, 2016; media reports; state revenue department websites.
STATE CIGARETTE EXCISE TAX RATES & RANKINGS
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Deputy Town Manager
Meeting Date: August 28, 2018
Agenda Topic: PUBLIC HEARING SECOND READING OF ORDINANCE 18-15, AMENDING SECTION 3.08.037 OF
THE AVON MUNICIPAL CODE TO EXTEND A TEMPORARY SALES TAX CREDIT FOR THE
INSTALLATION OF RENEWABLE ENERGY PRODUCTION COMPONENTS
ACTION BEFORE COUNCIL:
Council is asked to take action on Second Reading of Ordinance 18-15 regarding a sales tax credit on
components for production of energy from renewable sources.
PROPOSED MOTION:
“I move to approve Ordinance 18-15, Amending Section 3.08.037 of the Avon Municipal Code to
Extend a Temporary Sales Tax Credit for the Components for Production of Energy from Renewable
Sources.”
BACKGROUND:
At the April 12, 2016 Council meeting, Council approved Ordinance 16-03, an ordinance amending
Chapter 3.08 of the Avon Municipal Code to enact Section 3.08.037 to provide a temporary sales tax
credit on the sale of components used in the production of electricity, generation of heat or cooling
of air, from a renewable energy source, including but not limited to wind, solar, solar thermal
systems, and geothermal energy systems. This temporary tax credit is set to expire on December 31,
2018.
At the July 24, 2018, Council meeting, staff notified Council of the upcoming expiration of this tax
credit and inquired whether there is desire on the part of Council to extend the credit. Council
provided direction to staff to prepare an ordinance to extend the existing tax credit. Council
approved First Reading of this ordinance at the August 14, 2018 Council meeting.
The new proposed date for expiration of the tax credit is December 31, 2021.
FINANCIAL IMPLICATIONS:
Since the credit was made effective, there have been five (5) installations of renewable energy
production components, totaling $93,831.00, where the taxpayers took advantage of the tax credit.
To date, a total of $3,753.24 has been credited back to consumers of these components.
COMPLIANCE WITH COMPREHENSIVE PLAN:
Policy G.4.1 of the Town of Avon Comprehensive Plan states a community policy to, “Incentive
renewable energy and building techniques which support the goals of the Climate Action Plan for the
Eagle County Community.” This ordinance would extend a temporary financial incentive to promote
the installation of energy from renewable sources by providing a temporary tax credit and waiving
planning and permit fees. This temporary sales tax credit would apply to all components for
production of renewable energy systems for residential, commercial, industrial and public facility
uses. Renewable energy systems can include solar photovoltaic, solar thermal, wind and geothermal.
ATTACHMENT:
Ordinance 18-15
Ord 18-15 SECOND READING – August 28, 2018
Page 1 of 3
TOWN OF AVON, COLORADO ORDINANCE 18-15
AMENDING SECTION 3.08.037 OF THE AVON MUNICIPAL CODE TO
EXTEND A TEMPORARY SALES TAX CREDIT FOR THE INSTALLATION OF RENEWABLE ENERGY PRODUCTION COMPONENTS
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;
WHEREAS, Policy G.4.1 of the Town of Avon of the Town of Avon Comprehensive Plan states a community policy to “Incentivize renewable energy and building techniques which support the
goals of the Climate Action Plan for the Eagle County Community.”; and
WHEREAS, the Town Council finds that a temporary sales tax credit to provide an incentive to
encourage the installation of renewable energy production components in Avon will promote a
community goal to conserve environmental resources and will thereby 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 the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO 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. Amendment to Avon Municipal Code Section 3.08.037. Avon Municipal Code
Section 3.08.037 Temporary tax credit for Renewable Energy Production Components is
hereby amended, with strike out indicating words which are deleted and underline indicating
words which are added, to read as follows:
“3.08.037 Temporary Tax Credit for Renewable Energy Production Components.
Notwithstanding any other provision of this Chapter, there shall be granted a temporary sales tax credit to each person owing tax on the sale of components used in the production of electricity, generation of heat or cooling of air, from a renewable energy source, including but not limited to wind, solar, solar thermal systems, and geothermal energy systems, provided that this temporary
Ord 18-15 SECOND READING – August 28, 2018
Page 2 of 3
tax credit shall commence on the effective date of this ordinance and shall continue until December 31, 2018 2021, whereupon this temporary tax credit shall automatically expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change.”
Section 3. 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 4. 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 enforceable, such
invalidity or effect shall render the entire ordinance void and not effective, it being the intention of the Council that is this all provisions of this Ordinance are not severable and that Council would not have adopted this Ordinance if any provision of this Ordinance is invalid or not
effective. 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 (30) days after public
notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
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. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
Ord 18-15 SECOND READING – August 28, 2018
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 14, 2018 and setting such public hearing for August 28, 2018 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on August 28, 2018.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ordinance No. 18-16 Enacting Chapter 10.36 Bicycles Approaching Intersections
DATE: Aug 23, 2018
SUMMARY: Ordinance No. 18-16 is presented to Council for consideration on second and final.
Ordinance No. 18-16 enacts a new Chapter 10.36 to the Avon Municipal Code to locally adopt new state
regulations concerning bicycles approaching intersections. The Colorado state legislature adopted SB 18-
144 this year which authorizes “Idaho Stops” for bicycles, which allows bicycles to proceed through
intersections without coming to a full stop when safe. SB 18-144 was intended to facilitate uniform
regulations for “Idaho Stops” in Colorado, therefore, Chapter 10.36 is presented as a verbatim adoption of
the local authorization contained in SB 18-144. Council provided direction to staff to prepare this ordinance
for presentation to Council to further implement Avon’s policy to be a bicycle friendly community.
As presented, a “reasonable speed” is 15 miles per hour. SB 18-144 authorizes lowering the “reasonable
speed” to 10 miles per hour or increasing to 20 miles per hour; however, this would require the installation
of additional signage at each intersection. Therefore, the default 15 miles per hour is proposed.
I made one non-substantive revision to correct a reference. 10.36.030 (b) was added to subsection (a)
which reads better. The revision is shown as follows:
10.36.030 – Regulations
(a) A person riding a bicycle or electrical assisted bicycle and approaching an intersection of a
roadway with a stop sign shall slow down and, if required for safety, stop before entering
the intersection. If a stop is not required for safety, the person shall slow to a reasonable
speed and yield the right-of-way to any traffic or pedestrian in or approaching the
intersection. After the person has slowed to a reasonable speed and yielded the right-of-
way if required, the person may cautiously make a turn or proceed through the intersection
without stopping.
(b) For purposes of this subsection (a)(1), a reasonable speed is fifteen miles per hour or less.
In accordance with the home rule charter, Council must conduct a public hearing on second reading before
taking action on Ordinance No. 18-16
PROPOSED MOTION: “I move to approve first reading of Ordinance No. 18-16 Enacting Chapter
10.36 of the Avon Municipal Code.”
Thank you, Eric
ATTACHMENT A: Ordinance No. 18-16
ATTACHMENT B: SB 18-144
Ord 18-16
FINAL READING –August 28, 2018
Page 1 of 2
TOWN OF AVON, COLORADO
ORDINANCE 18-16
ENACTING A NEW CHAPTER 10.36 OF TITLE 10 OF THE AVON
MUNICIPAL CODE ESTABLISHING REGULATIONS FOR BICYCLES
APPROACHING INTERSECTIONS
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality
existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the
Town's Home Rule Charter; and
WHEREAS, it is the policy of the Town to encourage and support bicycle use as a safe and
convenient mode of travel within the Town; and
WHEREAS, the Colorado legislature enacted Senate Bill 18-144 Concerning the
Regulation of Bicycles Approaching Intersections; and
WHEREAS, the Town Council finds that the adoption of regulations authorized by Senate
Bill 18-144 will promote the public health, safety, and welfare of the Avon community.
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. Enactment of Chapter 10.36 to Title 5 of the Avon Municipal Code. Title 10
of the Avon Municipal Code is hereby amended by the enactment of a new Chapter 10.36, to
read as set forth in Exhibit A: Enactment of Chapter 10.36 to Title 10 of the Avon Municipal
Code, attached hereto.
Section 3. 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 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.
ATTACHMENT A - ORD 18-16
Ord 18-16
FINAL READING –August 28, 2018
Page 2 of 2
Section 5. 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 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. 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 August 14, 2018 and setting such public hearing for August 28, 2018 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on August 28, 2018.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT A - ORD 18-16
EXHIBIT A: Chapter 10.36 – Bicycles Approaching Intersections
Chapter 10.36 – Bicycles Approaching Intersections
10.36.010 – Purpose.
The purpose of this Chapter is to implement C.R.S. §42-4-1412.5. Local adoption of alternative
regulation of bicycles approaching intersections. This Chapter shall be interpreted to comply
with C.R.S. §42-4-1412.5.
10.36.020 – Definitions.
As used in this Chapter, electrical assisted bicycle means the term as it is defined in C.R.S. §42-
1-102 (28.5).
10.36.030 – Regulations
(a) A person riding a bicycle or electrical assisted bicycle and approaching an intersection of a
roadway with a stop sign shall slow down and, if required for safety, stop before entering
the intersection. If a stop is not required for safety, the person shall slow to a reasonable
speed and yield the right-of-way to any traffic or pedestrian in or approaching the
intersection. After the person has slowed to a reasonable speed and yielded the right-of-
way if required, the person may cautiously make a turn or proceed through the intersection
without stopping. For purposes of this subsection (a), a reasonable speed is fifteen miles
per hour or less.
(b) A person riding a bicycle or electrical assisted bicycle and approaching an intersection of a
roadway with an illuminated red traffic control signal shall stop before entering the
intersection and shall yield to all other traffic and pedestrians. Once the person has
yielded, the person may cautiously proceed in the same direction through the intersection
or make a right-hand turn. When a red traffic control signal is illuminated, a person shall
not proceed through the intersection or turn right if an oncoming vehicle is turning or
preparing to turn left in front of the person.
(c) A person riding a bicycle or electrical assisted bicycle approaching an intersection of a
roadway with an illuminated red traffic control signal may make a left-hand turn only if
turning onto a one-way street and only after stopping and yielding to other traffic and
pedestrians. However, a person shall not turn left if a vehicle is traveling in the same
direction as the person and the vehicle is turning or preparing to turn left. If the person is
not turning left onto a one-way street, the person shall not make a left-hand turn at an
intersection while a red traffic control signal is illuminated.
ATTACHMENT A - ORD 18-16
SENATE BILL 18-144
BY SENATOR(S) Kerr, Aguilar, Court, Crowder, Fenberg, Guzman, Hill, Kagan, Kefalas, Merrifield, Moreno, Williams A.;
also REPRESENTATIVE(S) Willett and Hansen, Becker K., Foote, Hamner, Herod, Kennedy, McLachlan, Saine, Young.
CONCERNING THE REGULATION OF BICYCLES APPROACHING INTERSECTIONS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 42-4-1412.5 as follows:
42-4-1412.5. Local adoption of alternative regulation of bicycles
approaching intersections -alternative regulation described -validity
of existing local resolution -definitions. ( 1) A COUNTY OR MUNICIPALITY
MAY ADOPT AN ORDINANCE OR RESOLUTION IMPLEMENTING THIS SECTION.
IF A COUNTY OR MUNICIPALITY ADOPTS AN ORDINANCE OR RESOLUTION
PURSUANT TO THIS SECTION, THE ORDINANCE OR RESOLUTION MUST SPECIFY
THE FOLLOWING:
(a)A PERSON RIDING A BICYCLE OR ELECTRICAL ASSISTED BICYCLE
AND APPROACHING AN INTERSECTION OF A ROADWAY WITH A STOP SIGN
SHALL SLOW DOWN AND, IF REQUIRED FOR SAFETY, STOP BEFORE ENTERING
Capital letters or bold & italic numbers indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.
ATTACHMENT B: SB 18-144
THE INTERSECTION. IF A STOP IS NOT REQUIRED FOR SAFETY, THE PERSON
SHALL SLOW TO A REASONABLE SPEED AND YIELD THE RIGHT-OF-WAY TO
ANY TRAFFIC OR PEDESTRIAN IN OR APPROACHING THE INTERSECTION. AFTER
THE PERSON HAS SLOWED TO A REASONABLE SPEED AND YIELDED THE
RIGHT-OF-WAY IF REQUIRED, THE PERSON MAY CAUTIOUSLY MAKE A TURN
OR PROCEED THROUGH THE INTERSECTION WITHOUT STOPPING.
(b) FOR PURPOSES OF THIS SUBSECTION (1), A REASONABLE SPEED IS
FIFTEEN MILES PER HOUR OR LESS. A MUNICIPALITY, BY ORDINANCE, OR A
COUNTY, BY RESOLUTION, MAY REDUCE THE MAXIMUM REASONABLE SPEED
AT ANY INDIVIDUAL INTERSECTION TO TEN MILES PER HOUR OR RAISE THE
MAXIMUM REASONABLE SPEED TO TWENTY MILES PER HOUR IF THE
MUNICIPALITY OR COUNTY ALSO POSTS SIGNS AT THE INTERSECTION STATING
THAT LOWER OR HIGHER SPEED LIMITATION.
(c) A PERSON RIDING A BICYCLE OR ELECTRICAL ASSISTED BICYCLE
AND APPROACHING AN INTERSECTION OF A ROADWAY WITH AN ILLUMINATED
RED TRAFFIC CONTROL SIGNAL SHALL STOP BEFORE ENTERING THE
INTERSECTION AND SHALL YIELD TO ALL OTHER TRAFFIC AND PEDESTRIANS.
ONCE THE PERSON HAS YIELDED, THE PERSON MAY CAUTIOUSLY PROCEED IN
THE SAME DIRECTION THROUGH THE INTERSECTION OR MAKE A RIGHT-HAND
TURN. WHEN A RED TRAFFIC CONTROL SIGNAL IS ILLUMINATED, A PERSON
SHALL NOT PROCEED THROUGH THE INTERSECTION OR TURN RIGHT IF AN
ONCOMING VEHICLE IS TURNING OR PREPARING TO TURN LEFT IN FRONT OF
THE PERSON.
(d) A PERSON RIDING A BICYCLE OR ELECTRICAL ASSISTED BICYCLE
APPROACHING AN INTERSECTION OF A ROADWAY WITH AN ILLUMINATED RED
TRAFFIC CONTROL SIGNAL MAY MAKE A LEFT-HAND TURN ONLY IF TURNING
ONTO A ONE-WAY STREET AND ONLY AFTER STOPPING AND YIELDING TO
OTHER TRAFFIC AND PEDESTRIANS. HOWEVER, A PERSON SHALL NOT TURN
LEFT IF A VEHICLE IS TRAVELING IN THE SAME DIRECTION AS THE PERSON
AND THE VEHICLE IS TURNING OR PREPARING TO TURN LEFT. IF THE PERSON
IS NOT TURNING LEFT ONTO A ONE-WAY STREET, THE PERSON SHALL NOT
MAKE A LEFT-HAND TURN AT AN INTERSECTION WHILE A RED TRAFFIC
CONTROL SIGNAL IS ILLUMINATED.
(2) IF A COUNTY OR MUNICIPALITY ADOPTED A VALID ORDINANCE OR
RESOLUTION THAT REGULATES BICYCLES OR ELECTRICAL ASSISTED BICYCLES
SUBSTANTIALLY AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION PRIOR TO
PAGE 2-SENATE BILL 18-144
ATTACHMENT B: SB 18-144
THE EFFECTIVE DATE OF THIS SECTION, THAT ORDINANCE OR RESOLUTION
REMAINS VALID.
(3) THE ADOPTION OF AN ORDINANCE OR RESOLUTION IN
ACCORDANCE WITH THIS SECTION DOES NOT DIMINISH OR ALTER THE
AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION OR THE STATE
TRANSPORTATION COMMISSION AS THOSE ENTITIES ARE DEFINED IN SECTION
43-1-102 REGARDING THE DEPARTMENT'S OR COMMISSION'S AUTHORITY TO
REGULATE MOTOR VEHICLE TRAFFIC ON ANY PORTION OF THE STATE
HIGHWAY SYSTEM AS DEFINED IN SECTION 43-2-101 (1).
(4) AS USED IN THIS SECTION:
(a) "ELECTRICAL ASSISTED BICYCLE" MEANS THE TERM AS IT IS
DEFINED IN SECTION 42-1-102 (28.5).
(b) "MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY,
TOWN, OR CITY AND COUNTY.
SECTION 2. In Colorado Revised Statutes, 42-4-1412, amend (1)
as follows:
42-4-1412. Operation of bicycles and other human-powered
vehicles. (1) Every A person riding a bicycle or electrical assisted bicycle
shall have HAS all of the rights and duties applicable to the driver of any
other vehicle under this article ARTICLE 4, except as to special regulations
in this article ARTICLE 4, EXCEPT AS PROVIDED IN SECTION 42-4-1412.5, and
except as to those provisions which by their nature can have no application.
Said riders shall comply with the rules set forth in this section and section
42-4-221, and, when using streets and highways within incorporated cities
and towns, shall be ARE subject to local ordinances regulating the operation
of bicycles and electrical assisted bicycles as provided in section 42-4-111.
NOTWITHSTANDING ANY CONTRARY PROVISION IN THIS ARTICLE 4, WHEN A
COUNTY OR MUNICIPALITY HAS ADOPTED AN ORDINANCE OR RESOLUTION
PURSUANT TO SECTION 42-4-1412.5, RIDERS ARE SUBJECT TO THE LOCAL
ORDINANCE OR RESOLUTION.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 3-SENATE BILL 18-144
ATTACHMENT B: SB 18-144
Kev . Grantham
PRESIDENT OF
THE SENATE
APPROVED 2. S b P c
John . Hickenlooper
GO RNOR OF THE STATE OF COLO
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
Crisanta Duran
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Effie Ameen Marilyn Eddins
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
PAGE 4-SENATE BILL 18-144
ATTACHMENT B: SB 18-144
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: August 28, 2018
Topic: DIRECTION ON NOTICE OF AWARD FOR THE INSTALLATION OF SIDEWALKS ALONG WEST BEAVER CREEK
BLVD. AT THE RAILROAD CROSSING
ACTION BEFORE COUNCIL
Council is asked to provide direction regarding Notice of Award for construction of sidewalks along
West Beaver Creek Blvd at the Railroad Crossing.
OPTIONS
Option 1:
Approve an increase in the West Beaver Creek Blvd sidewalk Project budget in the amount of $90,000
for a total of $200,000 with the additional funding appropriated from the Capital Projects Fund to
complete the project this year.
Option 2:
Construct a portion of the project with the $78,900 currently remaining in the existing project budget
of $110,000 approved in the 2018 Capital Projects Fund. The remainder of the project could then be
budgeted for and completed in 2019. However, some additional costs would be incurred for a second
contractor mobilization and the project would not be completed before winter.
Option 3:
Direct Staff to not construct the project in 2018 and re-bid the project in 2019, hoping to obtain more
competitive bids in 2019. The existing bid has prices are in the range of what’s been seen in other 2018
bids and Staff does not expect 2019 bid prices to be lower.
BACKGROUND
There is currently a gap in the sidewalk along West Beaver Creek Blvd at the Union Pacific Railroad
crossing near Avon Elementary School. This project will install a sidewalk on both sides of the road
along with replacing the curb ramps in the vicinity that do not meet current American with Disability
Act’s standards and some associated asphalt patching.
The Town solicited bids from ten local civil contractors but only received a bid from United Companies
in the amount of $149,195. Many of the civil contractors are already booked for the season and chose
not to submit a bid. There are several reasons for the increase in price including railroad insurance
requirements which limit the ability of smaller contractors to bid the project, railroad requiring
flaggers for dormant tracks, addition of upgrading curb ramps, and the construction inflationary
Page 2
environment. Pending direction on the presented options and approval to proceed, United
Companies must obtain a right of entry agreement from the Union Pacific Railroad. The railroad has
stated that it will take at least 60-days and if there are difficulties could delay the project till next year.
FINANCIAL IMPLICATIONS
The West Beaver Creek Blvd sidewalk Project will be funded from the Capital Projects Fund budget
and there is currently $110,000 budgeted in 2018 for the project. Previous project expenditures include
$2,590 for surveying, $8,670 in design fees and $20,030 to purchase the easement from the United
Pacific Railroad. Based on the bid that was received, a $15,000 allocation for consultant site visits,
construction administration, and a contingency, it is estimated that an additional $90,000 will be
required to complete the project in 2018. The 2018 Capital Projects Fund currently has a balance of
$4,781,130 within the recommended minimum balance of $1,000,000.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Deputy Town Manager
Date: August 28, 2018
Agenda Topic: REVIEW AND DIRECTION ON ALLOCATION TARGET FOR THE 2019 TOWN OF AVON COMMUNITY GRANT PROGRAM
ACTION BEFORE COUNCIL:
Council is asked to provide direction in setting a maximum amount of money for Community Grant Program funding
that the Ad Hoc Review Committee’s funding recommendations shall not exceed.
PROPOSED MOTION:
“I move to target up to $146,000 for 2019 Community Grant Program funding that the Ad Hoc Review Committee’s
funding recommendations shall not exceed.”
SUMMARY:
In 2016, the Town Council amended the Community Grant Program’s procedures for solicitation, evaluation and
funding. One of the refinements was the elimination of applicant presentations before Council. Instead, funding
recommendations from an appointed Ad Hoc Review Committee are incorporated into the annual proposed budget
and subject to approval during the annual budget process. The Ad Hoc Review Committee, which is appointed by
the Town Manager, will be comprised of citizens representing businesses and nonprofits, as well as various
members of Town staff.
In order for the Ad Hoc Review Committee to make recommendations on the applications received, a target funding
amount must be set by the Council. The purpose of this memorandum is to request Council approval, by motion and
vote, of a “not to exceed” amount for community grant funding. The 2019 recommended maximum target
allocation is $146,000.
Application materials for the 2019 Town of Avon Community Grant Program were released on August 3, 2018 and can
be found at www.avon.org/communitygrants. The application deadline is August 27, 2018 at 5:00 p.m. The Ad Hoc
Review Committee will meet during the week of September 10, 2018, to review all submitted applications and make
funding recommendations.
A funding history chart has been prepared below:
The 2019 recommended maximum target allocation is $146,000, which is approximately 1% of the 2018 General Fund
Total Operating Expenditures.
M E M O R A N D U M
TO: District and Authority Board Members
FROM: Siri Roman, Wastewater Manager
DATE: August 15, 2018
RE: I-70 West Vail Pass Auxiliary Lanes
Summary: Pursuant to the District and Authority meetings on June 28, District staff prepared draft letters
for Board members’ consideration. The intent of these letters is to show the Colorado
Department of Transportation (CDOT) unified support from our community for improved safety and operations on the west side of Vail Pass as well as the protection and enhancement of
water resources, water quality, wetlands, and the riparian area in the proposed project area.
Background:
The purpose of the I-70 West Vail Pass Auxiliary Lanes is to improve safety and operations on eastbound and westbound I-70 on west Vail Pass. The proposed project scope includes
adding eastbound and westbound auxiliary lanes on the west side of Vail Pass from mileposts
180–190.
CDOT currently has funding for the environmental assessment portion of this project;
completion of a decision document is anticipated by 2020. No funds are currently available for construction; however, CDOT staff mentioned that this project is one of their top five priorities
statewide due to safety and operational issues. A statewide transportation funding initiative is
underway with a potential ballot question this fall. The proposal would increase the sales tax by 0.062% and would fund transportation improvements across the state (movecolorado.org).
CDOT is implementing the stakeholder process with context sensitive solutions (CSS) on this project and is finalizing the project success factors and screening criteria for the alternative
review process. District representatives have asked that water quality, water resources, wetlands and riparian areas be core values of this project and that these resource categories be
considered prior to the selection of the preferred alternative. CDOT has postponed the last two
technical team meetings; the next meeting is scheduled for August 27.
Additional information on this project is available on the project website:
www.codot.gov/projects/I-70-West-Vail-Auxiliary-Lanes
Attachments:
draft letter of support from Board chair
[To be placed on Entity Letterhead]
[Date]
Via Email
karen.berdoulay@state.co.us
Ms. Karen Berdoulay, P.E.
Resident Engineer
Colorado Department of Transportation
P.O. Box 298
Eagle, Colorado 81631
RE: I-70 West Vail Pass Auxiliary Lanes
Dear Ms. Berdoulay:
[Entity] supports the Colorado Department of Transportation (CDOT) and the Federal Highway
Association (FHWA) efforts to evaluate alternatives that improve safety and operations on the
west side of Vail Pass. The [Entity] is particularly supportive of the project elements that focus
on protection and enhancement of water quality, aquatic life, wetlands, riparian area, and water
resources.
The [Entity] is a member of the Upper Eagle Regional Water Authority (Authority). The Authority
contracts with the Eagle River Water and Sanitation District (District) to provide management
and operation services, ultimately supplying domestic water to its members. Accordingly, we
respectfully request that you work closely with District officials to ensure this project protects the
environmental interests of the Authority.
Protecting and enhancing water resources and water quality within the Eagle River watershed is
paramount to the District’s mission to provide efficient, effective, and reliable water and wastewater utility services in a manner that respects the natural environment.
Sincerely,
[Name]
[Entity]
cc:
Linn Brooks, General Manager
Eagle River Water and Sanitation District
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:15 p.m. A roll call was taken, and Council members
present were Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips and Megan Burch. Sarah Smith Hymes
appeared remotely. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil,
Deputy Police Chief Coby Cosper, Planning Director Matt Pielsticker, Human Resources Director Lance
Richards, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
Mayor Fancher made a request to move item 6.1. before item before item 5.1., the Work Session prior to
the Action Items. Council agreed to the change. Councilor Gennett moved to approve the agenda as
revised. Councilor Wolf seconded the motion and it passed unanimously by Council members present.
3. PUBLIC COMMENT: COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Start time: 15:20
Derek George commented on the definition of "single family" in the Town's Zoning Regulations.
Todd Roehr urged the Council to find an area for large trucks to park overnight in Town.
4. JOINT WORK SESSION WITH PLANNING & ZONING COMMISSION (60 MINUTES)
Start time: 25:44
Direction was provided to staff to prepare an amendment to the Town's zoning regulations that
would further change the definition of a "single family." Staff committed to preparing and bringing
the proposed amendment to Planning and Zoning Commission and Council by the end of the year.
Staff will also investigate a Fee Waiver Program.
Derek George mentioned the Town’s website is not updated to include Nottingham Road which
was included on the short-term overlay.
Council moved to item 6.1. Councilor Gennett left the meeting.
6. WORK SESSION
Start time: 01:47:52
6.1. TOWN MANAGER RECRUITMENT UPDATE (HUMAN RESOURCES DIRECTOR LANCE RICHARDS)
5. ACTION ITEMS
Start time: 02:12:07
5.1. PUBLIC HEARING SECOND READING OF ORDINANCE 18-09, AMENDING CHAPTER 2.30 TOWN CODE OF ETHICS
OF THE AVON MUNICIPAL CODE (TOWN ATTORNEY ERIC HEIL)
Mayor Fancher opened the discussion to the public and no comments were made.
Councilor Phillips moved to approve second and final reading of Ordinance 18-09, amending
Section 2.30.120 – Public Contracts of the Avon Municipal Code. Councilor Burch seconded the
motion and it passed with a vote of 5. Councilor Gennett was out of the room. Mayor Pro Tem
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 2
Smith Hymes appeared remotely and abstained from the vote.
5.2. PUBLIC HEARING SECOND READING ORDINANCE 18-11, AMENDING CHAPTER 5.24 OF THE AVON MUNICIPAL
CODE TO AMEND AMPLIFIED SOUND PERMIT CRITERIA (TOWN ATTORNEY ERIC HEIL)
Start time: 02:13:31
Mayor Fancher opened the discussion to the public and no comments were made.
Councilor Phillips moved to approve the second and final reading of Ordinance 18-11, amending
Chapter 5.24 – Amplified Sound Systems. Councilor Burch seconded the motion and it passed
with a vote of 5. Councilor Gennett was out of the room. Mayor Pro Tem Smith Hymes
appeared remotely and abstained from the vote.
5.3. PUBLIC HEARING SECOND READING ORDINANCE 18-12, FOR CAPITAL LEASE PURCHASE
(ACTING TOWN MANAGER SCOTT WRIGHT)
Start time: 02:14:35
Councilor Gennett returned to the meeting.
Mayor Fancher opened the discussion to the public and no comments were made.
Councilor Wolf moved to approve Ordinance 18-12, authorizing the execution and delivery of a
state and municipal lease/purchase agreement dated August 24, 2018 between the Town of
Avon and Clayton Holdings LLC to finance the purchase and installation of 150.15kW solar panel
array pursuant to Exhibit A of such agreement. Councilor Burch seconded the motion and it
passed with a vote of 5 to 1. Councilor Prince voted no. Mayor Pro Tem Smith Hymes
appeared remotely and abstained from the vote.
5.4. PUBLIC HEARING VAIL VALLEY FOUNDATION PERMIT APPLICATION FOR OUTDOORS USE OF SOUND
AMPLIFICATION SYSTEM FOR DANCING IN THE PARK! ON JULY 30, 2018 AND AUGUST 8, 2018
(INTERIM SPECIAL EVENTS MANAGER LOUISE DUNCAN)
Start time: 02:16:15
Mayor Fancher opened the discussion to the public and no comments were made.
Councilor Burch moved to approve the Amplified Sound Permit for Dancing in the park Series
in Harry A. Nottingham Park on Monday, July 30 and Wednesday, August 8, 2018. Councilor
Prince seconded the motion and it passed unanimously by Council present. Mayor Pro Tem
Smith Hymes appeared remotely and abstained from the vote.
5.5. PUBLIC HEARING VAIL VALLEY CHARITABLE FUND PERMIT APPLICATION FOR OUTDOORS USE OF SOUND
AMPLIFICATION SYSTEM FOR BEC SPRINT & MAJOR LEAGUE TRIATHLON ON AUGUST 4, 2018
(INTERIM SPECIAL EVENTS MANAGER LOUISE DUNCAN)
Start time: 02:17:49
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 3
Mayor Fancher opened the discussion to the public and Todd Roehr mentioned he has no
objection to the start time and will be marketing the event.
Councilor Prince moved to approve the Amplified Sound Permit for Bec Tri Sprint Triathlon in
Harry A. Nottingham Park on August 4, 2018. Councilor Phillips seconded the motion and it
passed with a vote of 5. Councilor Wolf was absent. Mayor Pro Tem Smith Hymes appeared
remotely and abstained from the vote.
5.6. FIRST READING OF ORDINANCE 18-13, APPROVING AMENDMENTS TO TITLE 15, BUILDINGS AND
CONSTRUCTION, AVON MUNICIPAL CODE, CONCERNING CONTRACTOR LICENSING AND RESIDENTIAL
INSULATION STANDARDS (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 02:19:57
Councilor Wolf returned to the discussion.
Councilor Gennett moved to approve first reading of Ordinance 18-13, thereby approving changes
to the Avon Building Code. Councilor Phillips seconded the motion and it passed unanimously
by Council members present. Mayor Pro Tem Smith Hymes voted remotely.
5.7. MINUTES FROM JULY 10, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
Start time: 02:24:15
Councilor Burch moved to approve the July 10, 2018 Council meeting minutes. Councilor Phillips
seconded the motion and it passed unanimously by Council members present. Mayor Pro Tem
Smith Hymes appeared remotely and abstained from the vote.
Council moved to item 7.5
7.5. EXPIRATION OF RENEWABLE ENERGY SALES TAX CREDIT (ACTING TOWN MANAGER SCOTT WRIGHT)
Councilor Prince said he would support extending the Renewable Energy Tax Credit. The
majority of Council expressed support in extending the credit. Direction was provided to staff
to prepare an ordinance, for Council consideration, to extend the credit.
7. WRITTEN REPORTS
7.1. HAHNEWALD BARN PRE-DESIGN UPDATE (TOWN ENGINEER JUSTIN HILDRETH)
7.2. LANDSCAPING AND WATERING PROGRAM UPDATE (TOWN MASTER GARDENER JOE GILLES)
7.3. ABSTRACT FROM JULY 17, 2018 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
7.4. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON)
7.5. EXPIRATION OF RENEWABLE ENERGY SALES TAX CREDIT (ACTING TOWN MANAGER SCOTT WRIGHT)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 02:29:00
Mayor Fancher acknowledged a member of the public who purchased a play house at the auction and
donated it to the Town. She also asked for Council to give direction to staff on the design of an Avon t-
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 4
shirt. Mayor Fancher gave an update from Police Chief Greg Daly on activity and contacts at Nottingham
Park. She also mentioned there has been discussions regarding the noise level associated with the zip
line swing in the park. The recommended changes discussed are, the recreation center staff will lock the
zip line at sunset each night and locked at 7:00 p.m. on Sundays. The zip line will be unlocked at 8:00
a.m. in the morning. The current park rule sign will be moved from the old play ground to the new
playground. Existing entry signs into the park with have the hours of sunset to sunrise added.
Megan Burch commented on the Community Survey and asked a question about why certain
questions are being asked by the survey consultant.
Councilor Prince asked Louise Duncan to provide an update of the Open Water Swim Meet on August
10th. Councilor Prince remarked that he thinks full fencing should be eliminated at special events.
Councilor Prince explained the Bicycle Safety Stop Bill that is currently before the Colorado State
legislature. Council provided direction to staff to prepare an ordinance, for Council consideration, that
would enact regulations for bicycles approaching intersections.
Councilor Phillips commented on the Strategic Plan. She also mentioned the Avon Playhouse
Project and gauged Council sentiment on including the Avon Playhouse Project (or a similar project)
in the 2019 Budget.
Mayor Pro Tem Smith Hymes commented on Joe Gilles' memo on the Town's landscaping and
watering program. She also made remarks about Habitat Hero education.
9. ADJOURNMENT
There being no further business to come before the Council, Mayor Fancher moved to adjourn the
regular meeting. The time was 8:05 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s
office, and the video of the meeting, which is available at www.highfivemedia.org.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 5
RESPECTFULLY SUBMITTED:
________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ___________________________________
Sarah Smith Hymes ___________________________________
Jake Wolf ________________________________
Megan Burch ________________________________
Matt Gennett ________________________________
Scott Prince ________________________________
Amy Phillips ________________________________
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 14, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:00 p.m. A roll call was taken, and Council members
present were Scott Prince, Jake Wolf, Sarah Smith Hymes, Amy Phillips and Megan Burch. Matt Gennett
was absent. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil, Police Chief
Greg Daly, Planning Director Matt Pielsticker, Public Works Director Gary Padilla, Mobility Director Eva
Wilson, Recreation Director John Curutchet and Deputy Town Manager Preston Neill.
2. APPROVAL OF AGENDA
Mayor Pro Tem Smith Hymes requested that the minutes be pulled from the Consent Agenda. Councilor
Prince made a motion to approve the change to the agenda. Councilor Burch seconded the motion and
the motion passed unanimously by Council members present. Councilor Gennett was absent.
3. PUBLIC COMMENT
Eric Sale commented on the 351 Benchmark Building. He expressed his idea to repurpose the building for
childcare and housing.
4. AVON PLAYHOUSE PROJECT UPDATE
Holli Snyder with Colorado Mountain News Media gave a presentation recapping the Avon Playhouse
Project.
5. ACTION ITEMS
5.1. FIRST READING OF ORDINANCE 18-14, APPROVING THE FINAL PUD APPLICATION FOR THE VILLAGE (AT AVON) PUD,
AMENDING PLANNING AREA F, VILLAGE (AT AVON) (PLANNING DIRECTOR MATT PIELSTICKER)
Councilor Prince recused himself from the item. Tsu Wolin Brown expressed her support for
additional residential housing in Avon. Ann Barnett also expressed her support for more housing.
Tom Kiddoo commented on his support of the PUD application. He also stated that he sees
residential housing as more of a need that commercial space. Tim Applegate with Sauce on the
Creek stated that he is in support of the PUD application. Walter Dandy posed a question to Council
about whether the interstate gas pipeline near the Union Pacific Railroad has been taken into
consideration. Councilor Burch made a motion to approve First Reading of Ordinance 18-14, setting
a public hearing date for September 11, 2018, with the revision requested by the applicant to remove
the requirement for commercial floor area in the planning area. Councilor Wolf seconded the
motion and the motion carried on a vote of 5 to 0. Councilor Prince recused himself from the item
and Councilor Gennett was absent. Mayor Pro Tem Smith Hymes asked staff to confirm, by Second
Reading, that the Town has special review use authority and that Traer Creek's "dark sky"
regulations are as stringent as the Town of Avon's.
5.2. FIRST READING OF ORDINANCE 18-07, ADOPTING THE 2018 AVON WORKFORCE HOUSING PLAN (PLANNING
DIRECTOR MATT PIELSTICKER)
Councilor Prince moved to approve first reading of Ordinance 18-07, thereby setting the public
hearing date for August 28, 2018, with the various language revisions discussed. Councilor Burch
seconded the motion and the motion passed on a vote of 6 to 0. Councilor Gennett was absent.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 14, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 2
5.3. FIRST READING OF ORDINANCE 18-08, ADOPTING A NEW CHAPTER 5.10 OF TITLE 5 OF THE AVON MUNICIPAL CODE
ESTABLISHING LICENSING OF TOBACCO RETAILERS (DEPUTY TOWN MANAGER PRESTON NEILL)
Robert South, Pete Cusher, Mandy Ivanov, Anna Loya, Michelle Stecher, David Reilly and Beth Reilly
commented on the proposed ordinance. Mayor Fancher made a motion to raise the minimum legal
sales age to 21 and to direct staff to prepare a ballot question that would ask voters whether they
approve of licensing of tobacco retailers and a local tobacco tax on cigarettes and other tobacco
products. The motion was seconded by Mayor Pro Tem Smith Hymes. Mayor Fancher amended her
motion by moving to approve, as presented, First Reading of Ordinance 18-08, thereby adopting a
new Chapter 5.10 of Title 5 of the Avon Municipal Code establishing licensing of tobacco retailers.
Mayor Pro Tem Smith Hymes accepted the amendment and seconded the motion. The motion
carried on a vote of 6 to 0. Councilor Gennett was absent. Mayor Pro Tem Smith Hymes made a
motion to direct staff to prepare a ballot question, for Council consideration at the August 28th
Council meeting, that would ask Avon voters whether they would be in favor of a local tobacco tax
on cigarettes and other tobacco products. Councilor Phillips seconded the motion and the motion
passed on a vote of 6 to 0. Councilor Gennett was absent.
5.4. PUBLIC HEARING SECOND READING OF ORDINANCE 18-13, APPROVING AMENDMENTS TO TITLE 15, BUILDINGS AND
CONSTRUCTION, AVON MUNICIPAL CODE, CONCERNING CONTRACTOR LICENSING AND RESIDENTIAL INSULATION
STANDARDS (PLANNING DIRECTOR MATT PIELSTICKER)
Mayor Fancher opened the public hearing. Dave Dantas and Sean Reynolds commented on this
item. Councilor Wolf moved to continue this item to the September 11, 2018 Council meeting.
Councilor Phillips seconded the motion and the motion passed on a vote of 6 to 0. Councilor
Gennett was absent. Council moved to item 6.1.
6. WORK SESSION
6.1. FRONT COUNTRY RANGER PROGRAM PRESENTATION (AARON MAYVILLE, USFS DISTRICT RANGER)
Aaron. Mayville presented details on the Front Country Ranger Program for the Eagle-Holy Cross
Ranger District. Council moved to item 5.5.
5. ACTION ITEMS
5.5. FIRST READING OF ORDINANCE 18-15, AMENDING SECTION 3.08.037 OF THE AVON MUNICIPAL CODE TO EXTEND A
TEMPORARY SALES TAX CREDIT FOR THE INSTALLATION OF RENEWABLE ENERGY PRODUCTION COMPONENTS
(DEPUTY TOWN MANAGER PRESTON NEILL)
Councilor Burch made a motion to approve Ordinance 18-15, Amending Section 3.08.037 of the Avon
Municipal Code to Extend a Temporary Sales Tax Credit for the Components for Production of
Energy from Renewable Sources. Councilor Phillips seconded the motion and the motion passed
unanimously by Council members present. Councilor Gennett was absent.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 14, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 3
5.6. FIRST READING ORDINANCE 18-16, AMENDING CHAPTER 10.36 OF THE AVON MUNICIPAL CODE TO ENACT
REGULATIONS FOR BICYCLES APPROACHING INTERSECTIONS (TOWN ATTORNEY ERIC HEIL)
Councilor Prince moved to approve First Reading of Ordinance No. 18-16 Enacting Chapter 10.36 of
the Avon Municipal Code. Councilor Burch seconded the motion and the motion passed
unanimously by Council members present. Councilor Gennett was absent.
5.7. CONSENT AGENDA
5.7.1 APPROVAL OF SWIFT GULCH ANTENNA LEASE AGREEMENT (PLANNING DIRECTOR MATT PIELSTICKER)
5.7.2 APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR THE NOVEMBER 6, 2018
GENERAL ELECTION (TOWN CLERK DEBBIE HOPPE)
Councilor Burch moved to approve the Consent Agenda, sans the July 24th meeting minutes.
Councilor Phillips seconded the motion and the motion passed on a vote of 6 to 0. Councilor
Gennett was absent.
5.7.3 MINUTES FROM JULY 24, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
Mayor Pro Tem Smith Hymes asked for several changes to the minutes to reflect that she
attended the July 24th Council meeting remotely. Councilor Wolf moved to continue the item
to the August 28th Council meeting. Councilor Phillips seconded the motion and the motion
carried unanimously by Council members present. Councilor Gennett was absent.
7. WRITTEN REPORTS
7.1. BEAVER CREEK BOULEVARD STREETSCAPE PROJECT UPDATE (TOWN ENGINEER JUSTIN HILDRETH)
Justin Hildreth gave a brief update on the Beaver Creek Boulevard Streetscape Project.
7.2. AUGUST 7, 2018 PLANNING AND ZONING COMMISSION MEETING ABSTRACT
(PLANNING DIRECTOR MATT PIELSTICKER)
7.3. UPPER EAGLE REGIONAL WATER AUTHORITY JULY 26, 2018 BOARD MEETING SUMMARY
(MAYOR PRO TEM SARAH SMITH HYMES)
7.4. I-70 COALITION DRAFT LETTER TO GUBERNATORIAL CANDIDATES AND CONGRESSIONAL REPS
(MOBILITY DIRECTOR EVA WILSON)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Mayor Fancher asked for the Strategic Plan to be a discussion item on the Council Retreat agenda.
Councilor Phillips was appointed as a liaison to the Ad Hoc Special Events Committee to replace
Councilor Burch. She also reported on the Coffee with Council session that took place on August 11th at
the Pavilion Event Terrace.
Councilor Prince reported on the Open Water Swim Meet that took place at Nottingham Lake on August
10th and 11th.
Councilor Phillips gave an update on the EGE Air Alliance and ECO Transit. She reported that she is now
the chair of the ECO Transit Board.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 14, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 4
Councilor Burch made a comment about a recent email Council received about a proposal to officially
change the name of Benchmark Lake Reservoir to Nottingham Lake. Consensus among Council members
present at the meeting was to have Mayor Fancher respond, on Council's behalf, that Council is in favor
of the proposed name change.
9. ADJOURNMENT
There being no further business to come before the Council, Mayor Fancher moved to adjourn the
regular meeting. The time was 10:14 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:
________________________________
Preston Neill, Deputy Town Manager
APPROVED:
Jennie Fancher ___________________________________
Sarah Smith Hymes ___________________________________
Jake Wolf ________________________________
Megan Burch ________________________________
Matt Gennett ________________________________
Scott Prince ________________________________
Amy Phillips ________________________________
WRITTEN REPORT
To: Honorable Mayor and Town Council
From: Greg Daly, Police Chief
Date: August 28, 2018
Topic: NOTTINGHAM PARK/BEACH/LAKE POLICE EDUCATION AND ENFORCEMENT ACTIVITIES
SUMMARY:
Over recent years, Avon Police officers have concentrated directed patrols, foot patrols and bike patrols
in the park, stage and beach areas, particularly during the higher use summer months. For the last three
summers, the Avon PD has employed a seasonal part-time community response officer at 28 hours per
week. This year, Community Response Officer Rose Martinez was assigned to be physically present and
solely assigned to Nottingham Park and to the beach area on the north shore of Nottingham lake.
Community Response Officer Martinez has patrolled the park either on foot or on a mountain bike to
enforce existing park and lake regulations. Those regulations include:
• No swimming pool type devices or single chambered vessels allowed outside of swimming area
(Coast Guard guideline)
• All vessels must contain one Coast Guard approved wearable life preserver for each occupant
as outlined in Title 33 of Colorado revised statute. The Town of Avon requires all boaters under
the age of 13 to be wearing a lifejacket at all times while on Nottingham Lake (Coast Guard, State
of Colorado, Town of Avon/CIRSA)
• Pets must be kept on a leash no more than 10’ in length which is being held by a person unless
they are in the off-leash area from 6:00 to 9:00 a.m. (Town of Avon)
• Consumption of alcoholic beverages or while boating is prohibited (State and local law)
• Swimming from boats is prohibited (Town of Avon/CIRSA)
• Swimming outside of the rope and buoy area is prohibited (Town of Avon/CIRSA)
• Dogs in the lake outside of off-leash hours prohibited; no dogs allowed in the swim area (Town
of Avon best practice for family-friendly and safe experience)
• Tobacco and marijuana smoking prohibited (Town of Avon, State of Colorado, and Federal law)
The top two “quality of life” complaints from our community in Nottingham Park around the beach area
have been “dog at large AKA off-leash” and alcohol related anti-social behavior. A top “life safety”
concern for Recreation Center staff has been adults and children jumping from watercrafts into the lake
outside of the designated swimming area.
Avon PD and Avon Recreation staff met at the beginning of the summer to coordinate efforts to provide
an increased family-friendly and safe park experience for the thousands of visitors over the summer
months. We agreed on the following:
• Our seasonal part-time community response officer would be predominantly located at the
beach area and would be responsible for patrolling the beach area, the park in general and
monitoring parking in the north lot (Lot 16) and the designated “beach parking area” on the
north shoulder of West Beaver Creek Boulevard.
• The community response officer would work during the higher use days and hours. Her schedule
has been Thursday, Friday, Saturday and Sunday from 12:00 to 19:00 hours.
• The community response officer would monitor the lake for swimmers outside of the
designated swimming area. A primary concern has been that adults and children are required to
wear a life preserver and generally they are not put on properly and at times offer a false sense
of security. Our community response officer is not tasked as a lifeguard and there are no
designated lifeguards available for general Nottingham Lake activities.
Our education and enforcement approach has been to contact an individual who has a dog off-leash or
who is visibly consuming an alcoholic beverage in the park and to initially issue that person an
educational verbal warning about our Town regulations prohibiting either dogs off-leash (outside of the
established allowable hours, from 6:00 to 9:00 hours, for dogs off-leash in the park) or public
consumption of alcohol. Generally, officers check with the dispatch center to see if the individual has
been contacted for a similar violation in the past and then that individual may be subject to a municipal
summons into court for that offense.
In conversation with Recreation Director John Curutchet, there has been a marked improvement in the
overall quality of enjoyment at the beach, which has included a more “family friendly” atmosphere for
our community members and visitors to enjoy.
Since June 1st, Community Response Officer Martinez has made 92 official contacts in the park, issuing
verbal education warnings. Within the 92 contacts, she issued 16 warnings for open alcohol containers
and 42 warnings for dog at large (dog off-leash). She made many other contacts with individuals but
those did not necessitate running that person through our dispatch center (for previous contacts or
warrants) and logging an official warning. She made multiple contacts with water craft users who had
jumped into the lake outside of the prescribed swimming areas. At times, she used a whistle to gain
their attention.
Overall, Avon Police officers, including Community Response Officer Martinez, between June 1st and
today, have issued a total of 117 educational warnings that include:
• 22 warnings for open alcohol container
• 72 warnings for dog at large (dog off-leash)
• 1 summons for an open container
• 1 summons for a dog attack
1 | Page
TOWN COUNCIL REPORT
To: Mayor Jennie Fancher & Town Council
From: Greg Daly, Chief of Police
Meeting Date: August 28, 2018
Topic: MENTAL HEALTH UPDATE FOR AVON AND EAGLE COUNTY
SUMMARY
Recently, there has been significant progress in the countywide collective effort to improve
mental health resources in Eagle County. These improvements have occurred against the
backdrop of tragedy over the last two years- the loss of a teenager to suicide, statistically a
very high suicide rate in Eagle County and concerning data collected through the Healthy Kids
Colorado Survey in Eagle County Schools. However, there is hope that recent funding steps
and the introduction of a new co-responder crisis response program will have an immediate
impact on improving mental health resources in Avon and throughout Eagle County.
CURRENT RESPONSE MODEL TO MENTAL HEALTH/ BEHAVIOURAL HEALTH ISSUES IN AVON
Currently, when Avon Police Officers are dispatched to a suicide in progress or to a mental
health/ behavioral health crisis call, officers will first safely arrive on scene and then contact
the patient and ensure there is no immediate threat to the patient, police officers or other first
responding medical units. Over 90% of Avon Police Officers are trained in crisis intervention
and will generally engage the patient by using verbal de-escalation techniques. When the
scene is declared “safe”, the patient will be medically evaluated by responding medical
personnel. The paramedics then make a medical assessment of the patient leading to one of
the following:
a. Due to an outstanding medical concern (overdose, cutting or other suicide
methodology) or because of concern for suicidality or altered mental state,
paramedics transport the patient to an emergency medical facility like Centura Health
or Vail Health, or
b. Officers place the individual into protective custody as a concern that they are an
immediate threat to themselves or others. This would occur if a decision is made not
to medically transport the patient to an emergency medical facility. The officers per
safety protocols will place that person in handcuffs (for the patient’s safety and for the
safety of the officers) and then the officers will generally transport the patient to the
police department. The Avon Police Department endeavors to not transport patients
in this way as we firmly believe that mental health patients should be transported in
an ambulance under medical restraints/medication rather than in a police vehicle
2 | Page
similar to how we transport criminals. However, this medical transport can ultimately
be very costly to the patient.
c. Contact the on-call Mind Springs mental health clinician by cell phone. In the past,
the clinicians would speak with the patient and make a phone assessment of the
person. The clinician, if persuaded that the patient is no longer an immediate threat to
themselves may release the patient to their own recognizance with a verbal safety plan
(that they agree not to hurt themselves). The officers then let the patient remain in
their residence based on a belief that they are no longer a threat to themselves or
others.
Mind Springs is the state funded community mental health provider for Eagle County. The
organization is funded through the Colorado Office of Behavioral Health to provide crisis
response service in Eagle County to include Avon. In addition, Mind Springs provides many
other services to include some counselors in the schools, in patient walk in services and
ongoing therapeutic services in their Eagle and Vail offices.
For many years, Mind Springs clinicians would speak with a patient by phone at the residence
or respond to the police department or to the hospital. In the last three months, Mind Springs
clinicians have started to respond to the incident scene/residence and are speaking to the
patient directly.
If the patient is transported to the hospital, the current response model causes the following
depreciation in resources:
If the patient is medically transported, an ambulance is taken out of service, for the
transport
The patient is subject to the cost of the ambulance transport
The patient will be evaluated in the hospital and will either be released after
assessment when the patient is deemed not to be an immediate threat by a staff
licensed mental health worker (during daytime hours) or by a Mind Springs clinician
(after hours).
If the patient is assessed and considered to be an ongoing threat or if there is an
altered mental state, the mental health worker may seek a M1 (72-hour mental health
hold) and will try to get a mental health bed for the patient. This process can take
days as mental health beds are a premium in Colorado. Usually, the bed is located
either at the Mind Springs Hospital (West Springs) in Grand Junction or at a private
mental health hospital facility in the Denver Metro or Boulder area.
The patient is subject to hospital costs for the stay in the emergency room for hours
or days
When the patient is moved to a mental health facility, an Eagle County Paramedics
Service ambulance is taken out of service for up to 8 hours to conduct the transport.
The patient can be subject to the cost of transport.
After hospital care, the patient will be then released back to their residence/ family or
whatever support network or not. Usually there is a therapy plan put into place.
3 | Page
PROPOSED “CO-RESPONDER” RESPONSE MODEL TO MENTAL HEALTH
In late 2017/ early 2018, Chris Montera, CEO of Eagle County Paramedics Services and Chris
Lindley, Director, Eagle County Public Health began to explore options to change the current
paradigm in Eagle County to better improve resources for mental health and crisis response
with the County. They contacted Michelle Muething, CEO of the Hope Center located in the
Roaring Fork valley.
The Hope Center (parent company formerly known as the Aspen Hope Center) has been
operating in the Aspen/ Roaring Fork area since 2009. The Hope Center was developed after a
research study/gap analysis was conducted by the University of Colorado's Depression Center.
The research team spent nine months gathering data and interviewing the community at large
only to devise a lengthy report with fifty recommendations. The Hope Center is the product of
that research study. Their mission - remove all barriers to immediate, community-based
treatment, decrease recidivism rates and significantly reduce the number of people
transported to ER's, jails and inpatient psychiatric facilities. The community chose the top five
recommendations that would make the most impact and opened an agency that removed all
barriers to receiving quality mental health treatment immediately and shored up the gaps that
individuals were falling through.
The Hope Center Eagle crisis response model proposal is as follows:
This service would include an individualized 24 crisis hotline.
24/7 on call mental health clinicians ready to respond to mental health crisis calls
throughout Eagle County.
When officers are dispatched to a call, a Hope Center clinician will be contacted and
asked to respond to the residence/ location.
When the scene is safe, the clinician will be invited in for face to face communications
with the patient.
When the clinician ascertains that they are safe, the officers can be released and be
available for calls.
Based on the Hope Center model, they will stabilize the patient within the residence.
This process will de-escalate the crisis. Follow up daily for 3-7 days, referral to a Hope
Center therapist and/or referral to an outside private therapist for continued care.
There is no medical transport and there is no cost to the patient for a medical transport
There is no emergency room visit or admit to the hospital. There is no cost to the
patient.
There is no transport to an out of county mental health facility. No accrued cost.
There is no M1 (72-hour hold) stay at a mental health facility- no cost to the patient.
In the last 8 years, the Hope Center has assisted more than 7,000 community members in crisis.
They have responded to 100% of the 911 scene calls where their assistance has been requested.
They have been stabilized in the home, an average of 50 community members each year, that
otherwise could have been placed on an M1 and hospitalized. They average 10 M1 holds a year
where medical transports and inpatient hospitalizations are necessary, mainly due to
significant altered mental states e.g. Schizophrenia, bipolar manic state etc.
4 | Page
Hope Center has been invited to set up a Hope Center (Eagle River Valley) to provide crisis
response services and in-home crisis stabilization to Eastern Eagle County.
COSTS OF THE HOPE CENTER RESPONSE MODEL
The Hope Center (Eagle River Valley) proposed 2019 budget, for total operations is $640,952.
This proposed budget would cover four licensed clinicians for 24-hour crisis response, an in-
house therapist, an intake coordinator/case manager and an Eagle River Valley director. The
work space is being provided by Eagle County Paramedics Services out of their Town of Eagle
Ambulance Barn, rent free for the next two years. Avon PD is contributing $19,500 to the Hope
Center project, in lieu of our previous contribution to the detox project. Vail PD is contributing
$32,000, Eagle PD has proposed $8,500 and the Eagle County Sheriff’s Office is deferring to
Eagle County Public Health for a county contribution. The remainder of funding will come from
Eagle County Paramedics, potential 1A tax monies, other organizations and private donors.
Mind Springs will continue to provide crisis response services and Avon PD will utilize both
organizations as the need arises. We estimate that Vail PD, Avon PD, Eagle PD and Eagle County
Sheriff’s Office respond to between 900 to 1000 calls that involve suicidality or mental health
/welfare checks per year. Avon PD officers responded to 46 suicidal calls and 81 welfare check
calls in 2017.
OTHER DREAM PROJECTS
There is a current discussion regarding building a mental health medical center in Eagle County,
perhaps in the Edwards area. The BOCC have changed the direction of this potential project.
The latest iteration of this project suggests that a private entity may build to house a social
detox facility, mental health respite beds and a crisis stabilization bed.
SOCIAL DETOX
The social detox that was jointly funded by agencies in Eagle county has been put out on hold.
The entities involved jointly decided that the loss of life through suicide and the lack of mental
health crisis response was more important at this time. The social detox is part of the “dream
project” building discussion.
SUICIDE PREVENTION EDUCATION BY SPEAK UP REACH OUT
The Speak Up Reach Out coalition was formed after the Avon Town Council expressed concern
for suicides that had occurred in 2009. Since the formation of the coalition, the organization
has evolved into a 501C3. Speak Up Reach Out provides suicide prevention education and gate
keeper training to juveniles and adults throughout Eagle County. So far in 2018, SURO has
provided over 400% more preventive education and gatekeeper classes than in 2017, helped by
the 1A campaign and by the loss of a teenager to suicide. The mission of SURO is to prevent
suicide in Eagle County by providing education, training, and hope.
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UPDATE ON 1A TAX AND MENTAL HEALTH ADVISORY COMMITTEE
The Total Health Alliance is an informal collaboration of agencies and individuals with a priority
to improve mental health resources within Eagle County. The Total Health Alliance has
prioritized the following areas as the most important countywide priorities:
School based counselors
A building with a crisis stabilization facility, detox and respite beds
In field crisis response
Prevention education
From my participation in the Total Health Alliance, I was appointed as one of ten appointees
to the 1A mental health advisory committee by the Eagle County Board of County
Commissioners. The current tax income from the 1A tax is approximately $197,000 with a
target of $500,00 at year end.
The BOCC made a once off contribution of $500,000 to assist with some of the immediate
mental health goals. The committee has made a recommendation to fund three mental health
counselors to the Eagle County School District (ECSD) for a cost of $320,000 per year for first
year. In addition, the committee have recommended to fund $80,000 for a mental health
counselor to the Roaring Fork School District, specific to the Basalt High School. The three
ECSD counselors will be supplemented by a $360,000 budget with ECSD for other counselors.
The 1A proposal for the three counselors was also backed by the private schools in Eagle
County- a unique collaboration between the school district and the private/ parochial schools
in the county.
There are multiple other mental health services improvement proposals before the committee
that are being currently evaluated and recommendations will be made to the BOCC based on
available revenues.
Both Mind Springs and the Hope center have a funding request to the 1A committee for an
individual clinician for both organizations for approximately $150,000 each.
UPDATE ON NEWLY FORMED HIGH-LEVEL FUNDING EXPLORATION GROUP
Doris Kirchner, President & CEO of Vail Health, Eagle County Government and other
community partners have formed a countywide committee to evaluate mental health
resources in the county and to seek private, public and philanthropic coordination to improve
our community mental health systems. I have been invited to participate in the committee.
The committee has started to identify the lack of current resources and that we collectively
need to fund raise over the next five to 10 years to truly change the mental health picture in
Eagle County. Doris Kirchner has tasked her fundraising staff to assess the potential for
fundraising potential similar to the process that Vail Health used to fundraise to extend their
hospital.
1 Planning and Zoning Commission Meeting Abstract for Tuesday, August 21, 2018
Planning & Zoning Commission
Meeting Abstract
Tuesday, August 21, 2018
Town Staff Present:
Matt Pielsticker, Planning Director
David McWilliams, Planner
Eric Heil, Town Attorney
I. Site Tour – 4:00 pm – 4:30pm
Summary: Optional site tour was conducted to review the Major Development Plan for
Colorado World Resorts.
II. Call to Order
The meeting was called to order at 5:03 pm.
III. Roll Call
All Commissioners were present.
IV. Additions & Amendments to the Agenda
There were no changes to the agenda.
V. Conflicts of Interest
Commissioner Hardy recused herself of item number VIII.
VI. Minor Development Plan – 2011 Beaver Creek Point addition – PUBLIC HEARING -Tabled on 6/5/2018
File: MNR18014
Legal Description: Lot 111C Block 1 Wildridge
Applicant: Tom Rummler
Summary: Proposed construction of a storage shed, deck, and solar panel addition on the south
side of the existing house.
Public Commenters: David Scherpf commented on the application
Action: Commissioner Golembiewski motioned to approve the application with the following
findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review;
2. The development application is complete;
3. The development application provides sufficient information to allow the PZC to
determine that the development application complies with the relevant review
criteria;
4. The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
5. The demand for public services or infrastructure is met by the development
application;
6. The proposal meets the purpose of the Development Code as specified in
§7.04.030(l);
7. The design meets the development and design standards established in the Avon
Development Code;
2 Planning and Zoning Commission Meeting Abstract for Tuesday, August 21, 2018
8. The design of the storage addition and deck relates the development to the
character of the surrounding community which is composed of steep gabled roof
forms with shake shingles, and otherwise open uncovered deck designs; and
9. The solar panel element does not comply with the PUD Design Theme, Alternative
Energy System Standards (section 7.28.100(g)(i)(C)); Roofs (section 7.28.090(d)(3)
(iii)); Four-sided Design (section 7.28.090(d)(5)); and Wildridge Design Standards
(section 7.28.090(e)(3)(i)(B)).
Conditions:
1. The solar panel element of the project shall be removed;
2. An engineered site plan complying with the building envelope shall be approved by
staff before a building permit will be issued; and
3. A planting plan showing three (3) 15-gallon shrubs between the corner of the
addition and the street near the driveway shall be approved by staff before a building
permit will be issued.
Commissioner Barnes seconded the motion and the motion carried unanimously 7-0.
VII. Major Development Plan – Colorado World Resorts – PUBLIC HEARING
File: MJR18006
Legal Description: Section 12, Township 5, Range 82 PCLIN, NW ¼ of SE ¼ aka Folson Property
Applicant: Colorado World Resorts, LLC
Summary: Proposal for an 81 room condo complex.
Public Commenters: Charlie Carter spoke about the application.
Action: Commissioner Nusbaum motioned to continue the public hearing to the September
18, 2018 PZC meeting. Commissioner Golembiewski seconded the motion and the
motion carried 7-0.
VIII. Minor PUD Amendment – 5032 and 5040 Wildridge Road East – PUBLIC HEARING
File: PUD18002
Legal Description: Lot 38, 39 W Block 4 Wildridge Subdivision
Applicant: Bobby Ladd with RAL Architects
Summary: Proposed amendment allowing four (4) single family houses instead of two (2)
duplexes; with a shared access drive from Lot 39 B.
Public Commenters: David Stranjord commented on the matter.
Action: Commissioner Nusbaum motioned to recommend approval of the application to the
Avon Town Council with the following findings and conditions:
Findings:
1. The application meets the eligibility requirements for a Minor PUD Amendment by
not increasing density, increasing the amount of nonresidential land use, or
significantly altering any approved building scale and mass of the development;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that
the application complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive
Plan;
5. The PUD Amendment does not change the character of the development and
maintains the intent and integrity of the PUD with two residential dwelling units on
the Property;
3 Planning and Zoning Commission Meeting Abstract for Tuesday, August 21, 2018
6. The PUD Amendment promotes the public health, safety and welfare over that of the
existing development rights for a duplex because the Applicant is imposing stricter
standards than the existing development standards; and
7. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and
compared to the underlying zoning, the Minor PUD Amendment is not likely to result
in significant adverse impacts upon the natural environment or neighboring
properties.
Condition:
1. Storm water drainage easements between property lines shall be demonstrated
before subdivision;
2. Increase the east setback of Lot 39C by 40 feet; and
3. The shared driveway shall be maintained solely by the Home Owners Association of
Lots 39 A-D and 38 A and B.
Commissioner Glaner seconded the motion and it carried unanimously 6-0 with
Commissioner Hardy abstaining.
IX. Major Development Plan – 4545 Flat Point – PUBLIC HEARING
File: MJR18007
Legal Description: Lot 31 Block 3 Wildridge Subdivision
Applicant: Jeff Manly with Martin Manley Architects
Summary: Proposed duplex design.
Public Commenters: None.
Action: Commissioner Barnes motioned to approve the item with the following findings and
conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design
standards established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that
the application complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive
Plan;
5. The demand for public services or infrastructure exceeding current capacity is met by
the application; and
6. The design relates the development to the character of the surrounding community.
Conditions:
1. Temporary irrigation systems must be removed upon sufficient vegetation
establishment, which shall not exceed one (1) year for ground cover, two (2) years for
shrubs or three (3) years for trees;
2. A driveway culvert will be designed and approved by staff prior to issuing a building
permit; and
3. A modified landscape plan showing 28 units provided within the easement line shall
be approved by staff before a building permit will be issued.
Commissioner Glaner seconded the motion and the motion carried unanimously 7-0.
X. Minor Development Plan – 140 West Beaver Creek Boulevard – PUBLIC HEARING
File: MNR18034
4 Planning and Zoning Commission Meeting Abstract for Tuesday, August 21, 2018
Legal Description: Lot B, Avon Center at Beaver Creek Subdivision
Applicant: Avon Beaver Creek Hotel LLC
Summary: Modifications to approved Hotel Development Plan: New driveway and street level
parking alignment, and revised landscaping including path connection to pedestrian
mall.
Public Commenters: None.
Action: Commissioner Golembiewski motioned to approve the motion with the following
findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review;
2. The development application is complete;
3. The development application provides sufficient information to allow the PZC to
determine that the development application complies with the relevant review
criteria;
4. The development application complies with the goals and policies of the Avon
Comprehensive Plan and the planning principles for the Town Center District which
include beautification and wayfinding; and
5. The proposal meets the purpose of the Development Code as specified in
§7.04.030(l);
6. The design meets the purpose provisions of the Landscape Code, and Mobility and
Connectivity Section of the Development Code; and
7. The design relates the development to the character of the surrounding community.
Conditions:
1. Conditions from December 15, 2016 Major Design and Development Plan must be
satisfied.
2. Wayfinding signage will be incorporated into the Master Sign Program package; the
design will be consistent with currently approved blade sign design.
3. Modifications to the West Beaver Creek Boulevard Right-of-Way will be designed by
the applicant, approved by staff, and paid for by the applicant.
Commissioner Howell seconded the motion and it carried unanimously 7-0.
XI. Consent Agenda
A – August 7, 2018 Meeting Minutes
B – Record of Decision – Home redesign and addition – AEC18007 and MNR18021
Action: Commissioner Barnes motioned to approve the consent agenda. Commissioner
seconded the motion and it carried unanimously 6-0 with Commissioner Howell
abstaining.
XII. Staff Updates
• Staff approvals:
i. Update to Solar approval - 2030 Beaver Creek Point
XIII. Adjourn
The meeting was adjourned at 9:42 pm.