TC Packet 09-24-2019
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, SEPTEMBER 24, 2019
MEETING BEGINS AT 4:00 PM
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECI AL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING ,
CALL TOWN CLERK B RENDA T ORRES AT 970-748-4001 OR EMAIL BTORRES @AVON.ORG WITH ANY SPECIAL RE QUESTS.
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM
1. CALL TO ORDER AND ROLL CALL 4:00
2. STUDY SESSION: REVIEW OF CIP PLAN AND EXISTING TOWN PLANS (40 MINUTES) 4:00
3. APPROVAL OF AGENDA 5:00
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
5. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
[AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT
THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.] 5:05
6. BUSINESS ITEMS
6.1. PRESENTATION: EAGLE COUNTY PARAMEDIC SERVICES AND THE GALLAGHER AMENDMENT
(CHRIS MONTERA, EAGLE COUNTY PARAMEDIC SERVICES) (15 MINUTES) 5:10
• PRESENTATION – 10 MINUTES
• COUNCIL Q&A – 5 MINUTES
6.2. PUBLIC HEARING: SECOND READING ORDINANCE 19-06 ADDING COMMUNITY HOUSING AS A USE BY RIGHT TO THE
LIGHT INDUSTRIAL AND COMMERCIAL EMPLOYMENT (IC) ZONE DISTRICT (PLANNING DIRECTOR MATT PIELSTICKER)
(20 MINUTES) 5:25
• STAFF PRESENTATION – 5 MINUTES
• DISCUSSION/COUNCIL Q&A – 10 MINUTES
• PUBLIC COMMENT – 5 MINUTES
• COUNCIL ACTION
6.3. PUBLIC HEARING: FIRST READING ORDINANCE 19-08 APPROVING A REZONING OF LOT 16, BLOCK 2, BENCHMARK AT
BEAVER CREEK SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) (20 MINUTES) 5:45
• STAFF PRESENTATION – 5 MINUTES
• DISCUSSION/COUNCIL Q&A – 10 MINUTES
• PUBLIC COMMENT – 5 MINUTES
• COUNCIL ACTION
6.4. WORK SESSION: PARK RULE ENFORCEMENT, DOGS AT SPECIAL EVENTS, SPECIAL EVENT SECURITY (POLICE CHIEF GREG
DALY, RECREATION DIRECTOR JOHN CURUTCHET, EVENTS MANAGER DANITA DEMPSEY) (60 MINUTES) 6:05
• STAFF PRESENTATION – 20 MINUTES
• DISCUSSION/COUNCIL Q&A – 25 MINUTES
• PUBLIC COMMENT – 15 MINUTES
• COUNCIL DIRECTION
6.5. WORK SESSION: PLASTIC REGULATIONS (DEPUTY TOWN MANAGER PRESTON NEILL) (45 MINUTES) 7:05
• STAFF PRESENTATION – 15 MINUTES
• DISCUSSION/COUNCIL Q&A – 25 MINUTES
• PUBLIC COMMENT – 5 MINUTES
• COUNCIL DIRECTION
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, SEPTEMBER 24, 2019
MEETING BEGINS AT 4:00 PM
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECI AL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING ,
CALL TOWN CLERK B RENDA T ORRES AT 970-748-4001 OR EMAIL BTORRES @AVON.ORG WITH ANY SPECIAL RE QUESTS.
6.6. FIRST READING ORDINANCE 19-07 ENACTING CAMPAIGN FINANCE REGULATIONS
(DEPUTY TOWN MANAGER PRESTON NEILL) (40 MINUTES) 7:50
• STAFF PRESENTATION – 10 MINUTES
• DISCUSSION/COUNCIL Q&A – 25 MINUTES
• PUBLIC COMMENT – 5 MINUTES
• COUNCIL ACTION
6.7. APPROVAL OF MINUTES FROM SEPTEMBER 10, 2019 REGULAR COUNCIL MEETING
(TOWN CLERK BRENDA TORRES) (5 MINUTES) 8:30
7. WRITTEN REPORTS
7.1. PROJECT THOR UPDATE (IT MANAGER ROBERT MCKENNER)
7.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
7.3. ABSTRACT FROM SEPTEMBER 17, 2019 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
8. MAYOR & COUNCIL C OMMENTS & MEETING UPDATES (10 MINUTES) 8:35
9. EXECUTIVE SESSION (40 MINUTES) 8:45
9.1. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITION S RELATIVE TO MATTER THAT MAY BE SUBJECT TO
NEGOTIATIONS RELATED TO GRANTING OF ECONOMIC DEVELOPM ENT INCENTIVES PURSUANT TO C.R.S. SECTION 24-
6-402(4)(E )
9.2. EXECUTIVE SESSION FOR THE PURPOSE OF R ECEIVING LEGAL ADVIC E ON SPECIFIC LEGAL QUESTIONS RELATED TO THE
WILDRIDGE P ROTECTIVE COVENANTS PURSUANT TO C.R.S. SECTION 24-6-402(4)(B)
10. A DJOURN 9:25
_________________________________________________________________________________________________________________________________________________________________________________________________________
*Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members
of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance o n 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.
FUTURE AGENDAS:
October 10, 2019
- PRESENTATION: N ATIONAL N IGHT OUT THANK YOU CERT IFICATIONS
- JOINT WORK SESSION WITH PLANNING AND ZONING COMMISSION
- PUBLIC HEARING: SECOND READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION
- REVIEW OF 2020 COMMUNITY GRANT PROGRAM FUNDING, AS RECOMMENDED BY THE AD HOC REVIEW COMMITTEE
- AD H OC HEALTH AND RECREATION COMMITTEE INTERVIEWS
- AD H OC FINANCE COMMITTEE INTERVIEWS
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Preston Neill, Deputy Town Manager
Date: September 24, 2019
Topic: P RESENTATION: EAGLE COUNTY PARAMEDIC SERVICES AND THE GALLAGHER AMENDMENT
SUMMARY:
Chris Montera, CEO of Eagle County Paramedic Services (ECPS), will attend Tuesday’s Council meeting to
deliver a brief presentation on ECPS’s efforts to opt out of the Gallagher Amendment.
Page 1 of 6
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Avon Town Council
From: David McWilliams, Town Planner
Meeting Date: September 24, 2019
Topic: PUBLIC HEARING AND SECOND READING OF ORDINANCE 19-06 AMENDING
SECTIONS 7.08, 7.20.080, AND TABLE 7.20-13 OF THE AVON MUNICIPAL CODE TO
PERMIT COMMUNITY HOUSING AS A USE BY RIGHT IN THE LIGHT INDUSTRIAL AND
COMMERCIAL EMPLOYMENT DISTRICT ZONE DISTRICT
ACTION BEFORE COUNCIL
Before Council is action on Second and Final Reading of
Ordinance 19-06, amending Sections 7.08, 7.20.080, and
Table 7.20-13 of the Avon Municipal Code to permit
Community Housing as a use by right in the Light Industrial
and Commercial Employment Zone District.
RECOMMENDED MOTION
“I move to approve Second reading of Ordinance 19-06,
thereby amending Sections 7.08, 7.20.080, and Table 7.20-
13 of the Avon Municipal Code to permit Community
Housing as a use by right in the Light Industrial and
Commercial Employment Zone District.”
APPLICATION BACKGROUND
Town Council tasked the Community Development
department with initiating the Code Text Amendment (CTA)
process to provide Community Housing* in the Light
Industrial and Commercial Employment District (IC District).
Since the last Public Hearing, Staff updated the proposed
Ordinance to allow for Community Housing without going
through the Special Review Use (SRU) Process.
*Community Housing means residential housing which is subject to a deed
restriction that limits use to long-term residential use as a primary residence by
qualified persons and which deed restriction may impose other restrictions and
limitation and may include terms deemed appropriate in the Town’s discretion,
including but not limited to controls on the resale price of such residential
property, and which deed restriction is enforceable by the Town.
PROCESS
Some months ago, Town Council initiated a CTA process
whereby the provision of Community Housing was driven
by the SRU and staff worked with the Planning and Zoning
Page 2 of 6
Commission (PZC) in to prepare appropriate code language. After two (2) work sessions and two (2) public
hearings, PZC voted unanimously to recommend denial of the SRU process for entertaining Community
Housing projects (Attachment 1). During the August 27 Public Hearing, Town Council also voiced their
discomfort with use of the SRU and subsequently directed staff to have the Ordinance presented without
the SRU or any additional criteria. First reading of the Ordinance was eventually approved, on September
10, 2019, to permit Community Housing as a use by right instead of a SRU. Additionally, direction was
provided to increase the currently permitted 4 accessory dwelling units (ADUs) per lot by SRU, to 4 ADUs
per acre by SRU.
FINDINGS OF FACT AND RECORD OF DECISION
In the two hearings, members of PZC voiced their strong disagreement with the SRU as the correct process
to review housing projects in the IC district and recommended denial of the application to Town Council
(Attachment 1). PZC has not viewed or acted upon the updated Ordinance. At the August 27, 2019 Town
Council meeting the Town Attorney determined that the changes to the Ordinance did not require
additional review by PZC, but a re-review of the changes is still available, should the Town Council decide
to go in that direction.
AREA BACKGROUND
The IC zone district originated in 1974 as part of the Benchmark subdivision, before Avon was a town.
Wildridge had yet to be conceived, so the district was isolated and at a dead-end. As Avon grew around
it, the IC district developed and by 1999, all the current buildings had been completed. While the uses
and businesses have come and gone, the district itself is best described as mature or fully developed, with
few vacant lots remaining.
Five (5) of the properties have Accessory Dwelling Units (ADUs) within them, for a total of 12 units. In
various iterations of the municipal code, they seemed to be by-right; now they all are subject to the Special
Review Use (SRU) process. Code allows up to four (4) ADUs per property, and two (2) properties are at
that limit. In some senses this speaks to the amount of demand for commercial space and the inherent
complexity of retrofitting existing buildings and combining the uses where various owners or tenants are
already established. Staff is unaware of any covenants that prohibit housing in the area but would not be
surprised if some properties had such provisions.
Some of the properties were originally built with their unit(s), while others had commercial space
retrofitted to allow for housing. One of the more recent buildings, the vet hospital, was planned and
constructed with all four (4) units as the top floor of the project.
Currently there are four (4) vacant lots within the zone district – three (3) are somewhat physically isolated
from the heart of the district and all of them have constraints to construction. Staff reviewed the uses
and created the table below to illustrate the existing conditions in the area. Staff does not guarantee the
accuracy of any individual piece of the information in the table but presents it as a tableau of the area in
general.
Page 3 of 6
SUMMARY OF CHANGES
The proposed Ordinance only addresses Community Housing as allowed by right in the IC district. The
density allotment of 10 dwelling units per acre for standalone buildings or projects was derived from a
survey of similarly situated residential projects on Nottingham and Metcalf Roads. There are no additional
review criteria for which to administer the change in use; rather, projects would be reviewed
architecturally by PZC, and deed restrictions would need to be approved by Town Council.
ADUs are still allowed if part of a light industrial development by SRU process since there are complexities
involved with converting portions of existing light industrial land uses into housing. Pursuant to direction
received from the Town Council at first reading, the ability to include ADUs was increased from 4 per
property, to 4 per acre to further incentive this type of housing product. While the existing ADUs in the
district were not required to provide evidence of deed restriction for local workers, the modified
Ordinance would add this as condition precedent to future ADU applications.
Water rights dedication would normally be confirmed with a change in use through rezoning, and the IC
district only assumes a minimal water usage per meter as opposed to dwelling units per acre. This
Ordinance permits a change in use that may require multiple meters and additional water rights.
Language regarding water rights for new Community Housing in the district has been updated by the Town
Attorney and is included in the updated Ordinance.
CODE TEXT AMENDMENT REVIEW CRITERIA
The review procedures for this application are governed by the Development Code. According to the AMC
§7.16.040(c), Review Criteria, the Town Council shall use the following review criteria as the basis for
recommendations and decisions on applications to amend the text of the Development Code:
Address Lot Size (acres)
Size of
Buildings
(sf)Floors Primary Use Has ADU
Total
number
of DUs
Proposed
DU total
220 Metcalf 10 3.3 --Energy Facility No 33
451 Metcalf 11 0.96 6480 2 Commercial No 10
431 Metcalf 12 0.592 7734 2 Storage Yes 4 6
411 Metcalf 13 1.047 5150 1 Commercial No 10
371 Metcalf 14 / 15 2.82 55200 3 Commercial yes 2 28
311/331 Metcalf 16 / 17 3.276 19211 3 Commercial no 33
281 Metcalf 18 / 19 2.76 44586 3 Storage / Commercial no 28
111 Metcalf 20 / 21 2.04 --Vacant / Dog Run No 20
77 Metcalf 22 0.89 13882 3 Commercial No 9
810 Nottingham 23 0.574 12056 1 Commercial No 6
830 Nottingham 24 0.656 10335 1 Commercial No 7
850 Nottingham 25 1.409 41640 2 Storage Yes 1 14
910 / 930 Nottingham 26 - 28 2.29 65817 3 Storage / Commercial yes 1 23
950 Nottingham 29 1.454 13300 1 Commercial No 15
710 Nottingham 30 0.537 --Vacant No 5
730 Nottingham 31 0.576 14000 3 Vet Office Yes 4 6
780 Nottingham 32 / 33 0.997 14480 1 Commercial No 10
80 Metcalf 34 0.642 10000 2 Commercial No 6
90 Metcalf 35 0.536 7750 1 Storage / Commercial No 5
120 Metcalf 36 0.328 2746 2 Commercial No 3
140 Metcalf 37 0.763 14080 1 Storage / Commercial No 8
240 Metcalf 39 2.81 --Vacant (TOA Property)No 28
NA Tract Y 7.232 --Vacant No 72
Page 4 of 6
(1) The text amendment promotes the health, safety and general welfare of the Avon
community;
Staff Response: Staff’s initial proposal sought to respond to changed conditions while maintaining the
general welfare of the Avon community by preserving the job base in the district. This application may
achieve the same ends with less uncertainty in outcome for the development community. Staff feels that
any uncertainty to the Town can be addressed during an individual application’s review process. All
Community Housing projects would be reviewed by PZC through the Major Development Plan process,
and deed restrictions for such projects would be reviewed by Town Council.
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
Staff Response: Goal B.5 in the Comprehensive Plan states:
Encourage revitalization of existing light industrial and manufacturing uses.
Policy B.5.1: Ensure infrastructure improvements include sidewalks, utilities, and
controlled access from collector roads, like Nottingham Road.
Policy B.5.2: Encourage effective screening of industrial uses from adjacent uses and
vehicular access and circulation separate from public roads.
Policy B.5.3: Review accessory residential uses in association with light industrial
commercial development when compatible.
The Community Housing Plan, as part of the Comprehensive Plan, states the following goals:
• Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to
serve all segments of the population.
• 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.
• Seek to add deed restricted units to the inventory in the short term.
The application potentially allows redevelopment in any area of the IC district.
(3) The text amendment promotes or implements the purposes stated in this Development
Code; or
Staff Response: Select purposes of the Development Code state:
(a) Divide the Town into zones, restricting and requiring therein the location, erection, construction,
reconstruction, alteration and use of buildings, structures and land for trade, industry, residence
and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the
area of open spaces surrounding such buildings; establish building lines and locations of buildings
designed for specified industrial, commercial, residential and other uses within such areas;
establish standards to which buildings or structures shall conform; establish standards for use of
areas adjoining such buildings or structures;
Page 5 of 6
(n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in
the Town, provides a range of housing types and price points to serve a complete range of life
stages and promotes a balanced, diverse and stable full time residential community which is
balanced with the visitor economy;
Staff feels that these purposes are achieved by the application.
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: While different zone districts have allowances of mixed use, the IC zone district has
stricter parameters limiting that mix than the others. For example, the Mixed-Use Commercial (MC) zone
district allows for 100% commercial or 100% residential. Staff is not opposed to a more mixed-use future
in this district.
The original CTA took a narrow approach at increasing housing in this zone district to strike a balance
between more Community Housing units and preservation of existing jobs. No housing is affordable
without a living wage and removing a jobs base from Town may produce unintended results.
STAFF RECOMMENDATION
Despite concerns, staff recommends approval of the first reading of the Ordinance and to conduct the
second reading during the September 24, 2019 Town Council meeting.
FURTHER RECOMMENDATIONS
Staff’s focus on the IC zone district for this CTA led to some interesting compliance issues and other
overarching observations for how to make it align closer to its purpose statement (found updated in the
Ordinance, Attachment 2).
Review Zone district uses – Staff feels that to best achieve the current intent of the zone district, certain
changes in use allowance or programmatic focuses may be appropriate:
• Self-storage, while necessary for many in the modern world, does not produce a large jobs base
or fit well into the purpose statement for the IC zone district. Staff recommends capping the
number of self-storage operations (through zoning or business license restrictions) at three (3),
the current number.
• The following uses are not permitted in the IC district. Furniture store; plant nursery; office supply
store; paint store. While staff has not heard much demand for these operations in the district,
staff suggests that adding them to the SRU list might spur additional businesses to locate in town.
Potential Programs - The IC zone district supports many year-round high paying jobs where a formal
education is not required. Further supporting efforts in technology, micro industry (niche manufacturing),
or a maker space may spur a more robust jobs base.
Rezoning – The Town owns Lot 39, Block 1 Benchmark at Beaver Creek and it is zoned IC. Staff does not
anticipate any potential development on the site and suggests that the property be rezoned to open
space.
Existing ADUs – Moving forward staff wishes to work with the property owners of the existing ADUs in
the district to verify that they are being occupied by local workers in accordance with SRU approvals, and
obtaining deed restrictions to ensure continued use as such.
ATTACHMENTS
1. PZC Recommendation for SRU process
Page 6 of 6
2. Ordinance 19-06
LINKS
Avon Comprehensive Plan
https://www.avon.org/DocumentCenter/View/83/Comprehensive-Plan?bidId=
Avon Community Housing Plan
http://www.avonrec.org/DocumentCenter/View/18728/Avon-Housing-Plan
Attachment 1
Ord 19-06 IC Zone District Revisions for Community Housing
September 24, 2019 - SECOND READING Page 1 of 5
TOWN OF AVON
ORDINANCE 19-06
AMENDING SECTIONS 7.08, 7.20.080, AND TABLE 7.20-13 OF THE
AVON MUNICIPAL CODE TO PERMIT COMMUNITY HOUSING AS A
USE BY RIGHT IN THE LIGHT INDUSTRIAL AND COMMERCIAL
EMPLOYMENT DISTRICT ZONE DISTRICT
RECITALS
WHEREAS, the Avon Town Council (“Town Council”) initiated a code text amendment
application (“Application”) to amend the text of the Avon Development Code (“ADC”) in
accordance with ADC §7.16.040, Code Text Amendment;
WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held a public hearing on
July 2, 2019, after publishing and posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff prior to formulating a
recommendation;
WHEREAS, after conducting the noticed Public Hearings, PZC made the required findings
to recommend approval to the Town Council;
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and
body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law;
WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the
power to approve ordinances necessary and proper to provide for the safety, preserve the
health, promote the comfort, and convenience of its inhabitants;
WHEREAS, the Town Council held a public meeting on September 10, 2019 to consider the
Application and first reading;
WHEREAS, the Town Council held a Public Hearing on September 24, 2019 after posting
notice as required by law, considered all comments, testimony, evidence, Planning and Zoning
Commission recommendations, and staff reports prior to taking action on the Application;
WHEREAS, the Town Council finds that changes to the Light Industrial and Commercial
Employment District (IC District) provide a method of delivering more Community Housing to
residents and workers in the Town;
WHEREAS, the Application was reviewed with the criteria listed in ADC §7.16.040(c),
Review Criteria, and are found to be in substantial compliance;
WHEREAS, the Application promotes and implements the goals and policies of the Avon
Comprehensive Plan, including, but not limited to, implementation of the Avon Community
Housing Plan by providing additional housing development in the IC District;
Attachment 2
Ord 19-06 IC Zone District Revisions for Community Housing
September 24, 2019 - SECOND READING Page 2 of 5
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Home Rule Charter and the ADC 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 the proposed Application.
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. Amendment to Section 7.08 - Definitions. is hereby amended to read as follows
with underline indicating language to be adopted:
Community Housing means the definition of Community Housing as set forth in Avon Municipal
Code Section 3.14.020.
Section 3. Amendment to Section 7.28.080 - Mixed-use and commercial districts purpose
statements. is hereby amended to read as follows with strike-out indicating language to be deleted
and underline indicating language to be adopted:
(g) Light Industrial and Commercial (IC). This district is intended to provide for a variety of
businesses, including warehouses, research and development firms, repair shops, wholesale
distributors, light manufacturing and Community Housing. This district may include supporting
office and commercial uses where appropriate. Uses permitted in this district are intended to serve
community and regional needs. This district is intended to be located away from low and medium
density residential development. The IC district implements the light industrial commercial and
employment classification of the Avon Future Land Use Plan and should be located along an
arterial roadway.
Section 4. Amendment to Table 7.20-13 - Dimensions for the Light Industrial and
Commercial Employment District. is hereby amended to read as follows, with strike-out
indicating language to be deleted and underline indicating language to be adopted:
USE
TYPE
Min. Lot
Size (acres
or sq. ft.)
Min.
Lot
Width
(feet)
Max. Lot
Coverage
(%)
Min.
Landscape
Area (%)
Min.
Front
Setback
(feet)
Min.
Side
Setback
(feet)
Min.
Rear
Setback
(feet)
Max.
Building
Height
(feet)
Max.
Density
Residential
Mixed Use
or IC
21,780 sq.
ft. 100 50 20 25 7.5 10 48
4 ADU/ per
acre; not
less than 4
ADU/ per
lot[1]
Attachment 2
Ord 19-06 IC Zone District Revisions for Community Housing
September 24, 2019 - SECOND READING Page 3 of 5
Community
Housing
21,780 sq.
ft. 100 50 20 25 7.5 10 48 10 du/acre
[2]
[1] Accessory dwelling units are permitted as a special review use pursuant to Section 7.16.100.
[2] Additional Water Rights Dedication. The dedication of additional water rights may be required, in Town Council’s
sole discretion, as a condition to approval of development which exceeds the meter size assigned to the property. The
Town may, in Town council’s sole discretion, accept cash-in-lieu of dedication in accordance with a water rights
dedication impact fee schedule adopted by ordinance if the Town has adequate availability of surplus water rights.
Section 5. Amendment to Section 7.24.040 - Table of allowed uses. is hereby amended to
read as follows, with strike-out indicating language to be deleted and underline indicating
language to be adopted:
Use
Category Use Type
P - Permitted Use S = Special Review Use
Districts in GREY are retired and not available for
rezoning.
Use-
Specific
Regulatio
ns Residential Nonresidential
R
D
R
L
R
M
R
H
RH
-C NC MC TC SC P P
F IC OLD
Residential Uses
Household
Living
Dwelling,
Single-
Family
Detached
P P S
Dwelling,
Two-Family/
Duplex
P P P S
Dwelling,
Townhouse P P P P P P S
Attachment 2
Ord 19-06 IC Zone District Revisions for Community Housing
September 24, 2019 - SECOND READING Page 4 of 5
Dwelling,
Multi-Family
P
[1] P P P P P S
[1]
Limited to
8 units per
building
in RM
Community
Housing
P P P P P P P P P P
Dwelling,
live/ work S S S S S S P S
Accessory
DU S S S S S
Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 7. 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 8. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption
in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 9. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town, that it is promulgated for
the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation
Attachment 2
Ord 19-06 IC Zone District Revisions for Community Housing
September 24, 2019 - SECOND READING Page 5 of 5
of health and safety and for the protection of public convenience and welfare. The Town Council
further determines that the Ordinance bears a rational relation to the proper legislative object
sought to be obtained.
Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
Section 11. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED
TO PUBLIC HEARING on September 10, 2019 and setting such public hearing for September
24, 2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 24, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
Attachment 2
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: David McWilliams, Town Planner
Meeting Date: September 24, 2019
Topic: FIRST READING OF ORDINANCE 19-08, REZONING LOT 16 BLOCK 2 BENCHMARK AT BEAVER
CREEK FROM RESIDENTIAL HIGH DENSITY TO PARKS
ACTION BEFORE COUNCIL
Before Council is action on First Reading of Ordinance 19-08, rezoning Lot 16 Block 2 Benchmark at Beaver
Creek from Residential High Density to Parks.
RECOMMENDED MOTION
“I move to reject the first reading of Ordinance 19-08, thereby maintaining the zoning of Lot 16 Block 2
Benchmark at Beaver Creek as Residential High Density based on nonconformance with Code Section
7.16.050(c), Review Criteria, specifically numbers (1), (5), (8), and (11); and nonconformance with the
stated purposes of the Development Code, specifically (e), (g), and (m).”
AVAILABLE MOTION
“I move to approve the first reading of Ordinance 190-08 thereby rezoning Lot 16 Block 2 Benchmark at
Beaver Creek from Residential High Density to Park.”
APPLICATION BACKGROUND
On July 9, 2019 Town Council tasked the Community Development department with initiating a rezoning
of Lot 16 to Parks (P) or another appropriate zone district. Lot 16 is 0.646 acres located on West Beaver
Creek Boulevard and abuts Nottingham Park and Residential High-Density zoned developments. The
property is currently permitted up to 14 dwelling units. This change would codify the parcel’s current use
of parking and access to Nottingham Park and eliminate the possibility of housing on the site.
Staff Review &
Report
PUBLIC HEARING:
PZC
Council & 1st
Reading of
Ordinance
PUBLIC HEARING:
Council & 2nd
Reading of
Ordinance
Current Zoning.
PUBLIC NOTICE
Notice of the meeting was published in the September 12, 2019 edition of The Vail Daily. Mailed notice
of the meeting was sent to all applicable owners within 300 feet of the property on July 24, 2019.
ZONE DISTRICT SELECTION
Staff analyzed the allowed uses in two zone districts (Parks versus Public Facilities, as noted below) and
determined that because Town Council desired to “lock in” the current use, the Parks zone district was
the most appropriate. That is, the Public Facilities (PF) zone district includes many additional uses that
would be incongruent with the current parking, viewshed, and access uses of the parcel. In the table
below, S refers to the use allowed under the Special Review Use process, and P indicates it is Permitted in
the zone district.
Use Category Use Type
Use-
Specific
Regulations
P PF
Residential Uses
Household Living
Dwelling, Single-
Family Detached S
Dwelling, Two-
Family/ Duplex S
Dwelling, Townhouse S
Dwelling, Multi-
Family S
Dwelling, live/ work S
Accessory DU S
Public and Institutional Uses
Community
Services
Art gallery or
museum P
Community centers P P
Library P 7.24.050(a)
Government services,
offices and facilities P P 7.24.050(a)
Post office branches P
Religious assembly S
Day Care
Preschool, nursery
school S 7.24.060(c)
Child care, in home S 7.24.060(c)
Educational
Facilities
College or university
(nonexempt) P 7.24.050(a)
School, K-12 (public
and private) P 7.24.050(a)
School, vocational-
technical and trade P 7.24.050(a)
Parks and Open
Space
Arboretum or
botanical garden P 7.24.050(b)
Community garden P
Community playfields
and parks P
Golf course P
Parks and forest
preserves (private,
not-for-profit
P
Transportation
Bus terminal P 7.24.060(d)
Rail terminal
(passenger) P
Commercial parking
facilities (surface &
structure)
P
Small wind energy
system S S
Wireless
communication
tower and/or
antenna
S S
Commercial Uses
Health Care
Facilities
Medical center/
hospital P
Medical and dental
clinics and offices S
Riding academies S
Electrical supply
stores P
Nursery,
landscaping
supply
P
Industrial Service
(cont'd) Heavy
industrial uses
S
Mining and mineral
extraction S S
Recycling facilities,
drop-off P P
While housing is a priority of the Town, providing dwelling units (or any other use) on this site through
the PF zone district designation was seen as contrary to the motivations of Town Council. The P use, which
are almost exclusively limited to items that directly support the principle park use was therefore chosen
to present in this application.
Staff also recognized the Future Land Use Map as a guiding document for this application and did not want
to veer from the existing direction without undergoing an amendment. The current Residential High
Density (RH) zoning would allow (or would most likely require, due to it being owned by the Town)
Community Housing, and changing the lot to the PF zone district might require a Comprehensive Plan
Amendment in order to alter the Future Land Use Map.
If the goal of the Town is to one day allow for housing, the current zoning and dwelling unit allocation
should remain. The mechanics of accomplishing the Comprehensive Plan Amendment in conjunction with
a PF Rezoning are not overwhelming, but it seems redundant to achieve the same future goals as would
be allowed today. Staff knows the difficulty in turning land perceived to be reserved for parks into housing
but does not anticipate a more streamlined or intuitive process under the PF zone designation.
In their approval of the rezoning recommendation, PZC specifically included a finding which states, “There
exists potential for future housing projects that will achieve the intent of the development code and
Comprehensive Plan.” Staff argues the same point and would therefore recommend maintaining the
current zoning while not pursuing any specific project at this time.
STAFF ANALYSIS
LOT 16 HISTORY
Before Avon was incorporated, in 1974, Lot 16 was included (along with most of the RH properties along
West Beaver Creek Boulevard) as part of Tract G (currently Nottingham Park) in the final plat of the
Benchmark at Beaver Creek (BMBC) subdivision. In 1976, an amendment created most of the residential
lots north of the park, and the site usage was designated for up to 12 condominiums or multi-family
dwelling units. In 1991 the plat designation was converted into RH zoning (with a 14 dwelling units
allotment formed by previous zoning commitments). Subsequently, the property was sold from Buck
Creek Associates to the Town of Avon for $260,001 (roughly $460,000 in 2019 dollars). In 1996, the
current parking lot was installed. Since then, increased visitation to the park has resulted in more use of
the property. Many of the park’s amenities draw people to this intuitive access point, and the Town has
permitted on-street parking since 2015.
TIMELINE
1974 BMBC Final Plat
Does not contemplate any lots between Tract G (park) and West Beaver Creek Boulevard.
1974 BMBC Plat Amendment 1
Creates properties along West Beaver Creek Boulevard and includes the Lot 16 property in Lot 6,
designates 36 condo units to the property.
BMBC Plat Amendment 2 - Staff does not have a record of Amendment 2.
1976 - BMBC Plat Amendment 3
Lot 16 is shown as exists today and has 12 assigned condo/apartment units. By now the majority of
Tract G is encircled.
1978 - BMBC Plat Amendment 4 - Further outlines additional lots within the subdivision, no change to
Lot 16.
1991 - Ordinance 91-10 – Removes the PUD designation and establishes zoning for the area. It specifically
designates Lot 16 with 14 dwelling units. Staff assumes the additional dwelling units were assigned due
to previous zoning commitments that are not properly saved in the record. This was after the Town had
designated the lot as a preferred access location to the park in 1990, but before purchase by the Town
(see next section).
TIMELINE OF FOUNDATIONAL DOCUMENTS
Staff tried to take verbatim the language from different documents over the years. Quotes, maps, and
staff synopsis are shown in order of their appearance, and quotes are in italics for clarity, with their
corresponding subareas of the document displayed before.
1990 Comprehensive Plan
TOWN CORE PLANNING INFLUENCES
Major Transportation Corridors “Key viewpoints from I-70…are identified on the Town Core Planning
Influences Map. Special attention should be given to preserve and enhance views that are crucial to
formulating a positive image of the Town.”
Undeveloped Lands “The few remaining vacant lands that border Nottingham Park are also important to
the image of the Town and the function of the park. The absence of development on these parcels
presently allows views into the park.”
Town Core Planning Influences shows a strong emphasis on views from I-70.
[Proposed] Land Use Plan identifies Lot 16 as Park. The other undeveloped lot on the park (Lot 12) is
proposed to remain Residential. A parking structure is proposed where the Recreation Center is currently
located.
TOWN CORE LAND USE PLAN
Nottingham Park Area “Nottingham Park should be expanded to include the two undeveloped lots on
the north edge of the park. These parcels will ensure visual access to the park from I-70 and permit
public access between residential lots.”
OPEN SPACE AND RECREATION
Existing Recreation Resources “Because of the park’s importance to the passerby impression of Avon,
views into the park from I-70 should be preserved… Visibility to the park is good from I-70 through
presently undeveloped residential lots on West Beaver Creek Boulevard. These lots should be
incorporated as part of the park to ensure visual and pedestrian access from West Beaver Creek
Boulevard. The lots also have potential to be developed into parking spaces that would have direct
access to the lake.”
Parks “Nottingham Park is an attractively designed and highly used public facility. On normal days,
parking is adequate; however, during special events (such as concerts and various community
celebrations), the demand for parking exceeds the supply. Some additional parking should be provided
on the park site. Because of the park’s importance to the passerby impression of Avon, views into the
park from I-70 should be preserved.”
Town Core Urban Design Plan shows Lot 16 as part of the Nottingham Park Planning Area for Subarea
Plans, with a strong emphasis on access.
TOWN SUBAREA DESIGN RECOMMENDATIONS
Subarea 8: Nottingham Park Residential District Does not explicitly mention any design considerations
that would affect Lot 16.
Subarea 9: Nottingham Park and Municipal Center “Develop an overall landscape, circulation, and
signage plan for the area to integrate the various functions into a whole municipal activity center.”
1992 Recreation Master Plan
Image from Nottingham Park Analysis map.
NEEDS IDENTIFICATION What the Community has Requested
CONCLUSIONS “Adding land to Nottingham Park, especially if it would ease parking problems or provide
an even better facility in the long term, was supported by most participants [of focus group meetings].”
FOCUS GROUP SURVEY RESULTS
SPECIAL EVENTS “More parking in and around Nottingham Park is needed…”
The Recommended Master Plan map shows actions for Lot 16 and suggests improved parking on the
east and west sides of the park.
RECOMMENDATIONS AND ACTION PLAN Implementing the Master Plan
Nottingham Park “The Town should move ahead with the purchase of the vacant parcel on the north
side of the park as called for in the Comprehensive Plan. Considerations should be given to other options
such as securing a portion of the property as a trail and vehicular access easement or purchase of an
area wide enough for a small parking lot and a 10’ sidewalk (50’ – 70’ in width).”
September 14, 1993 Town Council Meeting
Meeting minutes discussing the purchase: “Mr. Bill James informed lot 16, a vacant lot, is located on
West Beaver Creek Blvd. next to Buck Creek Condominiums. The Town’s Comprehensive Master Plan
suggests the Town purchase Lot 16 as open space and as a view corridor. The Recreation Master Plan
suggests the Town purchase Lot 16 as a view corridor and also as additional parking and alternate
access to Nottingham Park. Since we have been master planning the entire park area and looking at
building an aquatic center and library on Tract G this seems an opportune time to purchase Lot 16.”
1996 Comprehensive Plan
Staff’s copy of the report lacks maps; no explicit mention of Lot 16 was found.
2006 Comprehensive Plan
Existing/Approved Land Uses map misrepresents Lot 16 as Park.
Community Framework Plans misrepresents additional properties as Park and does not include the view
corridor considerations from previous plans.
The Future Land Use Map shows the lot as Park.
2009 Nottingham Park Master Plan
The "Map of Previous Plan Recommendations" shows the preserved view corridor and potentially
increased parking area.
The plan recommends a new entry monument and a new path from Lot 16 to the park.
STAFF RESPONSE
The 1992 Recreation Master Plan and the 1990 Comprehensive Plan are the most pertinent to the
purchase, construction, and subsequent Future Land Use Map designation of Park for Lot 16. Staff does
not deny the great utility in having the lot open for parking, access, and views but does not agree that its
singular dedication to auto oriented access is its highest and best use. After purchase and construction
of parking, Lot 16 appears to have been ignored from a long-range planning perspective, and the ideas
put in place in the early 1990s have merely been recycled in more recent planning documents.
VIEWSHEDS: Viewshed analysis shows that the park and lake are visible from a small section of I-70, but
as time goes on the view has become less pronounced as the landscaping on adjacent lots, Lot 16, and
the park have all matured. Staff assumes this trend will continue, and the largest trees interrupting the
viewshed are on Lot 16.
Google Streets View from 2008 shows a view of the park.
Google Streets View from 2018 shows the landscape maturing and providing less of a view into the park.
Same view from 2016. 2004 Aerial image of Lot 16, with the lake and park above
the image.
PARKING: Although Lot 16 is not the cause of the perceived parking issues along West Beaver Creek
Boulevard its current use plays a role in such issues today. Had this property been developed like the
neighboring properties in the early 1990s with housing and minimal public park entry, the overall look and
feel of the area would be much different. Interest in visiting the park and specifically the beach means
that this area will experience parking pressure. The reviewed planning documents generally speak to
“solving” parking issues. The original design with a few parking spaces originated as a solution to a 1990s
problem the current pressure merits a more comprehensive solution.
As autonomous car technology improves, it is likely that in the future, cars will be able (or required) to
drop people off at their desired destination and retire to a nearby empty space. Anticipating this potential
and creating the appropriate infrastructure to achieve it might be a more appropriate long-term solution
in this location. Staff is not explicitly proposing any physical changes to the property today, but a rezoning
that precludes housing to achieve the current entry use seems short-sighted. It may be more feasible and
practical to convert a portion of the land into housing and redesign an adequate autonomous vehicle
drop-off on the same lot.
PARK ACCESS: All of properties surrounding the park are
completely built-out in terms of density (but form may
change over the years) and have a more urban feel. The
western entrances are either a large parking lot and
unflattering ball courts or a small sliver between dense
housing and the back of the elementary school. The
eastern entrance is wide but interacts with some of the
densest development in the town (Lakeside Terrace,
Falcon Point, Riverfront, Sheridan, etc.). The park’s
defining eastern edge is Lake Street, and besides the Old
Town Hall site (zoned PF), all parking and access is
from the street-side out.
Alternatively, the 1992 Recreation Master Plan
states, “Considerations should be given to other
options such as securing a portion of the property
as a trail and vehicular access easement or
purchase of an area wide enough for a small
parking lot and a 10’ sidewalk (50’ – 70’ in width).”
With the lot owned by the Town, an easement or sharing of the lot is not needed but reserving the ability
to do so in the future is an asset the Town should not dispose of lightly.
HOUSING: Housing pressure in the Valley is real and growing. According to the 2018 Town of Avon
Community Housing Plan (part of the Avon Comprehensive Plan), “To meet the needs of local employees
in the Eagle River Valley, over 4,000 additional dwelling units will be required by 2020. In mid-valley,
which includes Eagle-Vail, Avon, and Edwards, 1,500 dwelling units will be needed.” Staff cannot speak
to the surrounding communities but does not anticipate that number to be met. A property zoned for
housing and owned by the Town is a tremendous asset, but this application proposes that removing
approved housing density from the valley floor is the best use of the land. Staff does not support this
logic. Due to the site’s current use, perhaps the full 14 units allotted are not an option, but an architect
could design housing that is sensitive to the site needs.
ENVIRONMENTAL CONSIDERATIONS: The impacts caused by pushing housing farther away from the
up-valley job base, such as increased commute distances relating to greenhouse gasses and sprawl
impacting other undeveloped tracts of land, are concerning. The housing crunch in the valley and the
environmental ramifications of displacing by-right housing away from the valley floor concern staff. In
the future creative thinking will be needed to design a solution to Lot 16 that accomplishes these
seemingly disparate goals. Limiting creative outlets through a rezoning is not supported by staff.
CHAPTER 7.16.050 – REZONINGS
“The boundaries of any zone district may be changed or the zone cl assification of any parcel of land
may be changed pursuant to this Section. The purpose is not to relieve particular hardships nor to confer
special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that
are necessary in light of changed conditions or changes in public policy or that are necessary to advance
the general welfare of the Town .”
REVIEW CRITERIA
The PZC and Town Council shall use the following review criteria as the basis for recommendations and
decisions on applications for rezonings:
(1) Evidence of substantial compliance with the purpose of the Development Code;
Staff Response: The Purposes section (AMC 7.04.030) states:
a: “Divide the Town into zones, restricting and requiring therein the location, erection,
construction, reconstruction, alteration and use of buildings, structures and land for trade,
industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate
and determine the area of open spaces surrounding such buildings; establish building lines and
locations of buildings designed for specified industrial, commercial, residential and other uses
within such areas; establish standards to which buildings or structures shall conform; establish
standards for use of areas adjoining such buildings or structures”.
Response: Changing the use from the RH to P would regulate the intensity of the property’s use to what
is currently present. The use on and around the property are not proposed to change.
b: “Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town”.
Response The Avon Comprehensive Plan is discussed in Criteria 2. The 2009 Nottingham Park Plan
mentions protecting viewsheds from the area, enhanced parking, and entry monuments. It is unclear if
these recommendations are directly related to Lot 16 or are more general recommendations for the
north of the park near the property.
e: “Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population”.
Response: Lot 16, as the park entrance, is seen as incompatible with housing in this application. While
there are extremely limited future opportunities to convert other parcels into park space, there are also
extremely limited opportunities to provide Community Housing in the town, and the result could be
additional sprawl.
g: “Prevent the inefficient use of land; avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes
costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all
public services and public facilities, including but not limited to water, sewage, schools, libraries,
police, parks, recreation, open space and medical facilities”.
Response: The application changes use to Park, a limited resource in the Valley. However, the
application may use valley floor land less efficiently than the original zoning. Facilities and services are
well established in the Valley floor, and the application risks limited opportunities to build Community
Housing in intuitive locations.
k: Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic
views, provide recreational opportunities, sustain the tourist-based economy and preserve
property values”.
Response: The natural scenic beauty of the area is preserved in this application.
m: “Achieve innovation and advancement in design of the built environment to improve
efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of
non-renewable natural resources and attain sustainability”.
Response: This application argues that the rezoning is neither an achievement nor failure in innovative
use of space. Certainly the balance of park space versus housing space could be construed differently
by different people. Staff feels that a balance whereby housing and park access can be provided on the
site through innovative design. Also, by limiting housing in intuitive areas, use of non-renewable natural
resources will probably increase.
(2) Consistency with the Avon Comprehensive Plan;
Staff Response: The Avon Comprehensive Plan does not explicitly mention Lot 16, but the Future Land
Use map, as part of the Comprehensive Plan, shows Lot 16 as Park. The property is located within the
Nottingham Park District, which generally speaks of preserving views, supporting the 2017 Tract G
planning effort, and connectivity. The parcel is bordered on two sides by the Valley Residential District,
which mentions redevelopment of residential uses for higher density and attainable local housing and
landscaping that softens the visual impact of structures.
According to the Comprehensive Plan, “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.” The goals and policies section of the Comprehensive Plan states:
E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve
all segments of the population.
Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for local
working families.
Policy E.1.3: Provide attainable housing through alternative means, including but not limited to: payment-
in-lieu, land dedication, regulatory requirements, deed restrictions, waiver of development and building
fees, and public-private partnerships that reduce the price of units.
Policy E.1.4: Integrate attainable housing within large developments and throughout Town.
Policy E.1.5: Encourage “no net loss” of attainable housing in redevelopment.
Policy E.2.4: Site attainable housing with multi-modal transportation options and facilities, including bike
and pedestrian paths.
Goal H.1: Provide an exceptional system of parks, trails, and recreational programs to serve the year-
round needs of area residents and visitors.
Policy H.1.1: Evaluate and seek parcels or easements for open space, trails, and recreation.
Policy H.1.2: Manage, protect, and plan for public open space. Analyze trail maintenance and rule
enforcement in open space.
Staff encourages implementation of Policy H1.1 in that an easement on the property and sensitive site
design could provide an almost equivalent experience for visitors while providing some dwelling units on
the property.
The parcel is not directly designated for Community Housing, but the Town’s flat, well served parcel in the
center of Town should not be taken lightly as an asset for potential development. The Community Housing
Plan (part of the Comprehensive Plan) states, “The current Comprehensive Plan sets the vision for diverse
and 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.” Goals and Objectives in the plan include:
• 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.
• 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 Eagle County working residents [in] Avon.
• As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible,
increase housing serving the local year-round population.
(3) Physical suitability of the land for the proposed development or subdivision;
Staff Response: Lot 16 has proved suitable as a park entrance and its formal adoption as P would continue
to suit the site.
(4) Compatibility with surrounding land uses;
Staff Response: Lot 16 is bordered by two existing high-density residential developments and the park.
Rezoning to P would be compatible with the park use.
(5) Whether the proposed rezoning is justified by changed or changing conditions in the
character of the area proposed to be rezoned;
Staff Response: Due to its unique amenities, the park will experience increased pressure in coming years
as the valley continues to develop. The current drop-off and entrance use of the park may experience
more pressure and codifying an increase in the park space may be beneficial. Alternatively, the housing
shortage could dictate that the parcel remains RH and opportunities for development be explored in the
future.
(6) Whether there are adequate facilities available to serve development for the type and scope
suggested by the proposed zone compared to the existing zoning, while maintaining adequate
levels of service to existing development;
Staff Response: There are adequate facilities to serve the proposed use. Additional restrooms may be
required.
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
Staff Response: “The purpose of the P district is to promote and encourage a suitable environment
devoted to parks, recreation improvements, trails and organized recreation uses for the enjoyment of all
members of the community. There are no dimensional requirements for this district. Active recreation
facilities and structures will be developed according to the Comprehensive Plan.” The rezoning would
codify the extension of the park into Lot 16.
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts
upon the natural environment, including air, water, noise, stormwater management, wildlife
and vegetation, or such impacts will be substantially mitigated;
Staff Response: The rezoning may result in reduced localized residential-driven impacts. Alternatively,
the rezoning may increase housing pressure in distant areas not suitable for development, increase
commute distances, and limit locals on the valley floor.
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract;
Staff Response: The pressure on West Beaver Creek Boulevard is not anticipated to change due to the
application.
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as
reflected in the approval of the applicable PUD; and
Staff Response: Not Applicable.
(11) Adequate mitigation is required for rezoning applications which result in greater
intensity of land use or increased demands on public facilities and infrastructure.
Staff Response: The rezoning codifies the existing use of the land which in some respects is more intense
than the currently allowed use. No mitigation is proposed at this time.
AVAILABLE OPTIONS
Upon conducting a public hearing, Town Council has the following options:
1. Approve the first reading of Ordinance 19-08 approving P zoning on Lot 16.
2. Reject the first reading of Ordinance 19-08 maintaining the current RH zoning on Lot 16.
3. Continue the Application to October 10, 2019.
4. Table the Application pending further information.
STAFF RECOMMENDATION
Staff recommends rejection of the first reading due to the application’s nonconformance with Code
Section 7.16.050(c), Review Criteria, specifically numbers (1), (5), (8), and (11); and noncompliance with
the stated purposes of the Development Code, specifically (e), (g), and (m). Staff suggests that the parcel
can be revisited for development in a few years.
ATTACHMENTS
Ordinance 19-08
LINKS
Avon Comprehensive Plan
http://www.avon.org/DocumentCenter/View/83/Comprehensive-Plan?bidId=
Avon Housing Plan
https://www.avon.org/DocumentCenter/View/18728/Avon-Housing-Plan
Ord 19-08 Rezoning Lot 16 Block 2 Benchmark at Beaver Creek Subdivision RH to P Zone District
SECOND READING – October 10, 2019
Page 1 of 4
TOWN OF AVON, COLORADO
ORDINANCE NO. 19-08
REZONING LOT 16 BLOCK 2 BENCHMARK AT BEAVER CREEK
AVON, COLORADO, FROM RESIDENTIAL HIGH DENSITY TO PARK
RECITALS
WHEREAS, the Avon Town of Avon (“Applicant”) submitted an application to rezone Lot
16 Block 2 Benchmark at Beaver Creek Subdivision, Avon, Colorado (“Property”) from
Residential High Density to Park;
WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held public hearings on August 6, 2019 and August 20, 2019;
and prior to formulating a recommendation to the Town Council considered all comments,
testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and a
Record of Decision on August 20, 2019, in accordance with AMC §7.16.020(f), making a
recommendation to the Town Council to approve the Application for Park zoning;
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law;
WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the
power to approve ordinances necessary and proper to provide for the safety, preserve the
health, promote the comfort, and convenience of its inhabitants;
WHEREAS, the Town Council held a public meeting on September 24, 2019 to consider the
Application and first reading;
WHEREAS, the Town Council held a Public Hearing on October 10, 2019 after posting notice
as required by law, considered all comments, testimony, evidence, Planning and Zoning
Commission recommendations, and staff reports prior to taking action on the Application;
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria, the Town Council has
considered the applicable review criteria for rezoning and finds that the criteria are met in
accordance with the Findings of Fact;
WHEREAS, the Property is located adjacent to property owned by the Town of Avon which
is currently zoned Park (P) and the Property is intended for use as a park;
WHEREAS, the Town Council finds that the rezoning from Residential High Density to the
Park district will promote the Avon Comprehensive Plan, and will thereby promote the health,
safety and welfare of the Avon community; and
Ord 19-08 Rezoning Lot 16 Block 2 Benchmark at Beaver Creek Subdivision RH to P Zone District
SECOND READING – October 10, 2019
Page 2 of 4
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town
Council desires to comply with the requirements of the Avon Home Rule Charter by setting a
Public Hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application, and that approval of this Ordinance on First Reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Rezoning. Lot 16 Block 2 Benchmark at Beaver Creek Subdivision, Avon,
Colorado, is hereby rezoned from Residential High Density to the Park district.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30)
days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public and this Ordinance is necessary for
the preservation of health and safety and for the protection of pubic convenience and welfare. The
Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
Ord 19-08 Rezoning Lot 16 Block 2 Benchmark at Beaver Creek Subdivision RH to P Zone District
SECOND READING – October 10, 2019
Page 3 of 4
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.
Section 9. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED
TO PUBLIC HEARING on September 24, 2019 and setting such public hearing for October 10,
2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela
Way, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on October 10, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
Ord 19-08 Rezoning Lot 16 Block 2 Benchmark at Beaver Creek Subdivision RH to P Zone District
SECOND READING – October 10, 2019
Page 4 of 4
____________________________
Paul Wisor, Town Attorney
COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: John Curutchet, Recreation Director, Chief Greg Daly and Danita Dempsey, Cultural, Arts
& Special Events Manager
Date: September 24, 2019
Topic: PARK AND BEACH RULES ENFORCEMENT, SECURITY AND DOGS AT TOWN OF AVON SPECIAL EVENTS
SUMMARY
Nottingham Park and Beach has become a top summer destination for locals and guests of our valley.
Further refinement of education and enforcement practices continue, but the current formula of
guidelines and enforcement appears to work well for the majority of our guests and will continue to
drive the overwhelming success of the beach.
BACKGROUND
The Recreation Department opened Nottingham Beach summer season 2014. The inaugural year featured
a 100x25 yard swim area and signage outlining beach and lake rules, (no alcohol, dogs must be leashed,
no swimming outside of the buoy area and no lifeguard on duty; swim at your own risk). Outcomes from
the first season included multiple complaints and issues of: dogs off leash and in the water, intoxicated
individuals displaying rowdy behavior, and excessive trash in the beach area. The reputation following
that first season was that the beach was not a family friendly environment.
Our vision for the beach was the opposite of that reputation. Our desire was to create a space for all locals
to enjoy, and, to be a destination for guests of the Vail Valley. To help accomplish that goal, the Town
increased the number, size and look of our park and beach signage. We also added seasonal code
enforcement to help educate and enforce rules where necessary. During our second summer of
operations, code enforcement efforts corrected the undesirable behaviors, families returned and our
revenues from boat and SUP rentals tripled. Subsequent years produced a level of success unpredicted,
with summer weekends experiencing hundreds of visitors per day. Statewide tourism publications took
notice and featured Nottingham Beach in Avon as a highly recommended activity in the Vail Valley.
Each year staff worked together to improve the beach area and to evolve and refine our operational
practices. In 2018 a meeting with Mayor Fancher, members of Council, Town Manager, Chief of Police and
the Recreation Director produced an understanding of risk management measures that align with our
insurer, CIRSA, then Town Attorney Eric Heil, (memo attachment A), and provided our Police Department
with a level of comfort around their duties to enforce State and local laws and codes.
Current park and beach rules include:
• No swimming outside of the designated area
• No glass containers or bottles
• No personal grills or cooking devices
• No consumption of alcohol
• No dogs in the lake, dogs must be on leash 10’ in length
• No smoking, tobacco or marijuana
• Children under 13 must always wear a PFD; adults must have a PFD on their watercraft
• Swimming from boats is prohibited
• Single chamber vessels not allowed outside of the swim area
COMMUNITY RESPONSE OFFICER PROGRAM
Four years ago, as a result of a litany of complaints about anti-social behavior at the beach and
consistent dogs off leash issues in the park, the Avon Police Department instituted a summer part time
community response officer program (CRO). The CRO has been posted for a significant portion of his/her
shift in Nottingham Park with an emphasis at the beach (Thursday through Sunday). Patrol officers are
prioritized to respond to 911 calls and general calls for service. At times we have only two officers on a
shift and the benefit of the CRO is that he/she is not subject to responding to the same 911 calls and can
concentrate his/her attention to the park and beach.
As a result of collaboration with the Recreation Department, the CRO was tasked to also address
swimming and lake related safety concerns. CRO Martinez, a former life guard at the Rec Center was
very diligent in addressing swim safety and lake safety concerns as she was requested. She gave multiple
warnings to swimmers who were not swimming in designated areas, were diving off non approved
areas; fishing pier and pavilion rear deck and were operating on the lake without required personal
floatation device.
The CRO had been operating under the same protocols as that of police officers, that for every contact
for dog off leash or possession of alcohol violations, he/she requested a form of identification and then
obtained a clearance through the Vail Dispatch center over the radio. Clearing the persons identification
has a two-fold benefit- 1. It checks to see if the individual has any outstanding arrest warrants or
restraining orders related to alcohol consumption and 2. logs the contact in the dispatch system and if
that person is contacted in the future and has a warning(s) for the same activity, that individual may be
issued a summons into court for that same offense.
After some recent input regarding the CRO responsibilities, the CRO was instructed not to request ID for
violations. In addition, the CRO was instructed not to address swimming issues until such time that Town
Council could analyze the situation and decide on what level of enforcement would be desired.
Nottingham Park Police Activity 05/01/19 – 09/19/19
Total Calls for Service in Nottingham Park – 659
CRO Martinez – 430
Officers – 229
CRO Martinez Breakdown of Activity
Open Container – 136
Contacts - 93
Dog at Large – 111
Foot Patrol – 42
Bike Patrol – 17
Swimming – 16
Parking – 3
Assist – 1
Smoking – 2
Found Property – 4
Officer Patrols
Foot – 97
Bike – 25
Directed – 22
PRIVATE SECURITY AT TOWN OF AVON SPECIAL EVENTS
In respect to private security at town events, below is the scope of work for hired security services at
Town produced special events:
Alcohol, Smoking & Pet Management - 5D Shield manages the alcohol / smoking perimeter identified
through “No Alcohol Beyond, No Smoking, No Pets and No Outside Alcohol” signage. Scope of work
includes alcohol security visually checking for alcohol not available at the bar, no pets allowed and no
smoking (tobacco, marijuana, vaping, etc.)
We identify as no smoking however provide a smoking area in the back of the field without signage as to
not encourage smoking.
Our marketing identifies no pets allowed following Town Ordinance. We do recognize the difficulty in
enforcement.
Use of Marijuana – The Town of Avon messages via social media and event posters that smoking is
prohibited. Colorado State law states a person 21 years of age and over can possess an ounce of
marijuana and it is illegal to smoke it in public. If Avon PD and/or 5D Shield personnel encounter an
individual smoking marijuana on festival grounds, the individual will be asked to extinguish the
contraband and deposit it in the proper receptacle. If the individual does not cooperate, Avon PD will be
contacted for assistance. If an individual is encountered a second time after cooperating at the first
encounter, Avon PD will be contacted immediately for assistance.
Additionally, when venues are fenced in and/or ticketed we include bag check, crowd control and venue
sweep responsibilities as well.
An example of the messaging for Salute; “Bag Search - For patrons attending the event, there will be a
mandatory bag/cooler search conducted by 5D Shield personnel. At no time will search personnel put
their hand into a bag – search personnel will perform visual inspections of the contents of each bag, will
feel the outside of each bag, and will ask patrons to remove items that seem exceptional and/or are
blocking the view of other items in the bag. The primary goal of entrance searching will be to discover
and dispose of any outside alcohol that patrons may attempt to bring in – outside alcohol found during
searches will be disposed of at the point of search”
There is some current discussion regarding the pros and cons of the use of hired security at town events
and if there is a true need and/or if this service can be provided by either volunteers or other town staff.
Below are a few of the benefits of hiring professional security; and there are some concerns with placing
volunteers or town staff in a situation that they were not trained and ready to respond.
• Trained in TIPS, awareness of State liquor laws and identification policies
• Fire safety and hazard regulations
• Certified first responders
• Proactive and discrete countermeasures and communications
• Event security related equipment
• Bag check, pat down and or wand protocols and best practices
• Ingress and egress pattern and entrance/exit assessment
• Risk assessment
• Direct link to emergency services
• Preparedness for the unforeseen
• Evacuation protocol
• Worker’s Comp insurance
For Avon Live specifically we started the event series with four (4) security personnel and after a
complaint regarding marijuana usage increased to six (6); which was a bit “heavy”. The general
recommendations are 50 – 250 people two to four security personnel; for every increment of 250
persons one additional security person.
Additionally, there is a concern that if Avon chose to not have hired security it may be a “red flag” for
the State Liquor &Tobacco Enforcement even though we issue our own permits. Also, in speaking with
an industry expert, and considering liquor laws, their recommendation was if the Town decided not to
have hired professional security it would be their recommendation to use only signage and not
volunteers and/or staff.
DOGS AT TOWN OF AVON SPECIAL EVENTS
Regarding dog / pets at special events; Chapter 9.40.050 Section 7 of Avon Municipal Code prohibits
dogs into special events.
The enforcement is a challenge particularly at Avon Live and other free non-fenced events, with a “do
your best approach” paying close attention to those dogs and/or owners that are not behaving well,
which is subjective.
Danita has witnessed dog bites during Town produced events in two instances; 1.) at Lakeside Cinema a
person leaned down to pet a relaxing Labrador and was bitten on the nose; and 2.) at Man of the Cliff a
dog owner tied the animal to the fence line on the outside of the event venue and a child passing by was
bit in the face quite severely.
This information is respectfully submitted for discussion at the work session.
Attachment A
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Preston Neill, Deputy Town Manager
Date: September 24, 2019
Topic: WORK SESSION: PLASTIC REGULATIONS
SUMMARY:
Council is asked to provide direction to Town staff on efforts to reduce or eliminate the consumption of
single-use plastic products such as polystyrene foam, plastic bottles and plastic straws. Kim Schlaepfer
with the Climate Action Collaborative and Melissa Kirr with Walking Mountains Science Center will attend
Tuesday’s Council meeting to present on the environmental impacts of plastics and polystyrene in waste
streams. Their PowerPoint presentation is included as Attachment 1.
BACKGROUND:
Avon’s Environmental Objectives
In December 2016, Council adopted the Climate Action Plan for the Eagle County Community (CAP), which
reflects a strong commitment to reduce the community’s greenhouse gas (GHG) emissions. The CAP also
includes details on programs, projects and policies that can be undertaken to reduce GHG emissions. One
of the recommended policies, located in the “Waste and Landfill” section of Appendix A of the CAP, is
identified as “Packaging policies, get rid of Styrofoam.”
In February 2017, the Town Council adopted the Town of Avon 2017-2018 Strategic Plan Update (Strategic
Plan). The Strategic Plan included a “Tier 1” priority to “Consider legislation to end the use of plastic bags
and non-compostable take-out containers by retailers and restaurants in the Town of Avon.”
Proposed Legislation to Regulate Use of Polystyrene Foam
In a work session on May 9, 2017, staff presented research and a recommended strategy for reducing the
use of polystyrene-based disposable food service ware by food vendors in Avon. Council provided
direction to staff to conduct more research related to polystyrene-based disposable food service ware,
including a look at price differences between polystyrene-based products and alternative products that
are biodegradable or compostable. Staff was also directed to reach out to restaurants in Avon to inform
them of the initiative and give them the opportunity to participate in the discussion.
After another work session was held on July 11, 2017, Council considered, at the September 12, 2017
Council meeting, first reading of an ordinance (Ordinance 17-10) adopting a new chapter of the Avon
Municipal Code establishing provision regarding ban on use of polystyrene foam. If it had been enacted,
the ordinance would have prohibited food vendors within the Town of Avon from using polystyrene foam
disposable food service ware when providing prepared food. The purpose of the proposed legislation was
to reduce the amount of polystyrene-based disposable food service ware litter in the environment to
improve water quality and achieve the Town’s environmental objectives stated above. Ultimately, Council
voted to table the Ordinance 17-10, included as Attachment 2, the main reason being a preemption in
Colorado Revised Statutes 25-17-104. It states: “Local government preemption. No unit of local
government shall require or prohibit the use or sale of specific types of plastic materials or products or
restrict or mandate containers, packaging, or labeling for any consumer products.” Despite C.R.S. 25-17-
104, in 2017 Avon followed the lead of other Colorado communities like Aspen, Breckenridge, Crested
Butte and Vail and enacted a plastic bag prohibition and disposable paper bag fee at the point of sale.
Outreach
The Town’s outreach leading up to first reading of Ordinance 17-10 was substantial. Two rounds of letters
were emailed to the Town’s business list and hand delivered to Avon restaurants. The letters gave detailed
information about the proposed Polystyrene Reduction Ordinance and explained how to submit written
comments. Public forums were held on August 31, 2017 and September 6, 2017 on the topic of the
Polystyrene Foam Reduction Ordinance. A handout, included as Attachment 3, was prepared and
distributed to those in attendance at both forums. Over the course of the two forums, 21 members of the
public attended. Comments included, but were not limited to, the following:
• Consider an education campaign rather than an ordinance/ban to reduce the use of polystyrene
foam disposable take out containers.
• This should be an awareness campaign, rather than a mandate.
• Complete an audit of Avon restaurants to find out how many are already using containers that
would be in compliance with the proposed prohibition.
• An incentive approach should be explored rather than a ban on use.
• Products made out of EPS require a significantly less amount of energy to produce compared to
compostable alternatives.
• Definitions in the ordinance will be important. The ordinance needs to clearly convey which
materials are and are not allowed.
Public Comments to Date
Written comments that have been received to date from members of the public and various lobbying
firms on the Polystyrene Reduction Ordinance have been compiled and are included as Attachment 4.
PLASTIC REGULATIONS IN COLORADO:
Many municipalities across Colorado, including Avon, and throughout the nation have prohibited their
retailers from providing single-use plastic bags to their customers at the point of sale. To date, no Colorado
municipalities have enacted prohibitions on any plastic products outside of single-use plastic bags (e.g.,
plastic bottles, plastic straws and polystyrene foam). The feeling is that many Colorado communities are
employing the wait and see approach in regard to the preemption law cited above. The broad language
of the preemption law has given many communities some pause.
During the 2019 Regular Session of the Colorado General Assembly, Senate Bill 19-243 was introduced,
which would have prohibited a retail food establishment from distributing an expanded polystyrene
product for use as a container for off-premises ready-to-eat food in the state. That Bill ultimately died in
Committee. Also introduced during the 2019 Regular Session of the Colorado General Assembly was HB19-
1143, which would have prohibited a restaurant, food vendor, or other food service establishment from
providing a single-use plastic beverage straw to a customer unless the customer requests a straw. That
Bill did not get past the Colorado House of Representatives.
PLASTIC REGULATIONS IN CITIES OUTSIDE OF COLORADO:
Staff has not found a website that contains of a comprehensive list of countries, states, counties and
municipalities that have enacted legislation to reduce or eliminate the consumption of single-use plastic
products. There are a host of websites that have robust but incomplete lists of communities that have
made efforts to restrict the consumption and sale of single-use plastic products, with a focus on plastic
bags, plastic straws and expanded polystyrene. The Surfrider Foundation
(https://www.surfrider.org/pages/polystyrene-ordinances) and Earth Day Network
(https://www.earthday.org/) are great examples.
Numerous cities across the nation have taken action to reduce the use of polystyrene-based products.
The Surfrider Foundation, an organization dedicated to the protection and enjoyment of the world's
ocean, waves and beaches, has listed on its website 76 municipalities in California that have enacted
ordinances banning polystyrene in some capacity, with 65 of them covering restaurants. In addition, the
website lists nine cities in Florida, six cities in Maine, six cities in Massachusetts, one city in New Jersey,
three cities in New York, one city in Oregon, one city in Texas, three cities in Washington, and Washington
D.C., that have all taken action to reduce polystyrene products.
The most well publicized ban on plastic bottles has been the City of San Francisco, California’s enaction of
regulations prohibiting the sale of plastic bottles at events held on city-owned property. As a department
of the San Francisco’s municipal government, the San Francisco International Airport recently followed
suit by prohibiting its restaurants, cafes and vending machines from selling single-use plastic water bottles
(https://www.usatoday.com/story/travel/2019/08/02/plastic-bottles-sales-banned-san-francisco-
airport-sfo/1907215001/).
Several governments along the west coast have enacted bans or restrictions on plastic straws. Those
governments include the State of California, the City of Malibu, California, and the City of Seattle,
Washington, to name a few (https://www.sunset.com/home-garden/green-living/straw-ban-info-guide).
TOWN MANAGER RECOMMENDATION:
The Town should adopt rules to prohibit the sale of plastic bottles on all Town properties and to prohibit
the use of polystyrene-based food containers by any food vendors retained by the Town or permitted to
conduct sales or serve food on Town property.
ATTACHMENTS:
Attachment 1 – PowerPoint Presentation: Impacts of Plastic Products on the Environment
Attachment 2 – Proposed Ordinance 17-10
Attachment 3 – Public Forum Handout and Exhibits
Attachment 4 – Public Comments
Impacts of Plastic Products
on the Environment
ATTACHMENT 1
Outline of Content
•What is EPS?
•Connection to community goals
•Health & Safety from EPS production
•The problem with plastic in our environment
•Emissions, recyclability, and decomposition
•Examples of other bans around the US
•Alternative product options
ATTACHMENT 1
What is Expanded Polystyrene?
•The term “Styrofoam” is a misnomer and is similar to the way we use
the words “Kleenex” or “Band-Aid”
•While it is a widely used product, it was actually once a product solely
produced and sold by the Dow Chemical Company
•Polystyrene is #6 plastic and comes in many forms, one of those being
Expanded Polystyrene or more commonly known as “Styrofoam”
•Polystyrene in different forms is typically used for plastic silverware,
hot cup lids, CD Cases, etc
ATTACHMENT 1
Connection to Community Goals
•Municipal legislation has been deemed one of the best ways to truly
limit/completely get rid of Styrofoam plastic use
•Stop it at the source
•Specific goal of “Supporting sustainable purchasing policies and practices”
•Was listed as high importance for stakeholders in Eagle County CAP
•Eagle County’s 26% recycling rate is far behind the national average of 34%
•“Reduce, reuse, recycle” is not even really possible for Styrofoam so it may lower this
number
•A ban may help increase diversion rates
•Banning Styrofoam “highly recommended for towns, businesses, and the
county” in the Eagle County Climate Action Plan
•While not direct, the atmosphere is our one shared resource
•Banning Styrofoam limits emissions to our atmosphere and can help curb climate
change
ATTACHMENT 1
Health & Safety Concerns from EPS
Production
•Possible carcinogen, with an estimated 90,000 workers exposed
to toxic chemicals per year
•57 different chemical by-products released during the
production of Styrofoam
•EPS is produced using fossil fuels and synthetic chemicals.
Those chemicals may leach if they come into contact with hot,
greasy or acidic food. i.e. coffee cups, hot food to-go
containers, etc
ATTACHMENT 1
Plastic in the Environment
•2.3 Billion KGs of Styrofoam end up in our landfills and waterways
•Derived from fossil fuels, an unsustainable resource
•9% of 8.3 billion metric tons of plastic ever produced has been recycled
•Amount of plastic in the ocean is expected to outweigh fish by 2050
•Plastic straws, bags, wrappers, utensils, and EPS must be landfilled
•Creating products, especially clothing, made from recycled plastics is a step in the
right direction
•However, when these products are washed, microplastics are released into the environment
•Plastics and Polystyrene both end up in the food chain when eaten by
microorganisms in the water
•Styrofoam is able to absorb pollutants, making it even more harmful when consumed by
living organisms
ATTACHMENT 1
Emissions, recyclability, and decomposition
•Emissions
•2015 emissions for plastics were nearly 1.8 billion metric tons of CO2
•Recyclability
•Costs $3000 USD to recycle a single ton of Styrofoam –3 million tons are produced
each year
•Less than 1% of EPS is recycled each year
•EPS is comprised of 98% air so it’s no economical to store and ship for recycling
•Only way to recycle Styrofoam here is to drop it off at SustainAbility Recycling or Eco-
Cycle Charm, both in the Denver area –only block EPS is accepted
•Decomposition
•Estimated that it takes between 500 and one million years for Styrofoam to naturally
decompose if it ever even does
•For Eagle County and Avon being in a mountainous region, it can be difficult to
conceptualize the impact of our decisions, especially when a lot of pollution related
to plastics and Styrofoam are with regards to water
•The most immediate threat is the filling of our landfill in Wolcott
ATTACHMENT 1
Examples of Bans in US
•NYC, DC, and San Francisco have all implemented a ban on the possession,
sale, or offering of Styrofoam on single use Styrofoam and even packing
peanuts
•List of cities with a full or partial ban on Styrofoam
•Takoma Park, MD
•Seattle, Washington
•Washington DC
•Miami Beach, FL
•Freeport, Maine
•Portland, Maine
•Nantucket (City & County), Massachusetts
•Minneapolis, Minnesota
•Portland, Oregon (and several other Oregon cities)
•Los Angeles County
•Polystyrene Ordinance Language from each town/county ban:
https://www.surfrider.org/pages/polystyrene-ordinances
ATTACHMENT 1
Alternative Product Options
•WooBox
•Made of wood and wool unfit for the fashion industry
•100% recyclable and reusable
•Compostable Products
•Eco-Products is one the most popular alternatives on the current market
•Boxes/ To-Go Containers
•Trays
•Plates
•Cups
•Bowls
•Utensils
•Anything BPI-Certified
•Paper straws and bags for single use plastics
•Wooden coffee stirrers
•Ecovative
•Packing like Styrofoam made from fungi and agricultural waste
ATTACHMENT 1
Ord 17-10
FIRST READING – September 12, 2017
Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE 17-10
ADOPTING A NEW CHAPTER 8.40 OF TITLE 8 OF THE AVON
MUNICIPAL CODE ESTABLISHING PROVISIONS REGARDING BAN
ON USE OF POLYSTYRENE FOAM
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;
WHEREAS, polystyrene foam is a petroleum-based, lightweight plastic material commonly
used as food service ware by retail food vendors operating in the Town of Avon; and
WHEREAS, polystyrene foam, often referred to by the trademark “Styrofoam,” has also
become a problematic environmental pollutant given its non-biodegradability and nearly non-
reusable nature; and
WHEREAS, there is no economically feasible means of recycling polystyrene foam locally;
and
WHEREAS, polystyrene foam is a common pollutant that fragments into small, non-
biodegradable pieces that are difficult to clean up and are ingested by marine life and other
wildlife; and
WHEREAS, disposable food containers made from polystyrene foam constitute a
substantial portion of the litter within the Town of Avon; and
WHEREAS, effective ways to reduce the negative environmental impacts of disposable
food service ware include reusing or recycling food service ware and using compostable
materials made from renewable resources such as paper, cardboard, corn starch, potato starch,
and/or sugarcane; and
WHEREAS, the Town desires to restrict the use by food vendors of polystyrene foam
disposable food service ware; and
WHEREAS, such alternatives are readily available; and
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
ATTACHMENT 2
Ord 17-10
FIRST READING – September 12, 2017
Page 2 of 3
Section 2. Addition of Chapter 8.40 to Title 8 of the Avon Municipal Code. Chapter 8.40,
“Polystyrene Based Disposable Food Service Ware” is added to Title 8, “Health and Safety,” of
the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter 8.40 to Title 8
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 on April 1, 2018.
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.
ATTACHMENT 1
Ord 17-10
FIRST READING – September 12, 2017
Page 3 of 3
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on September 12, 2017 and setting such public hearing for September 26, 2017 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 September 26, 2017.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT 1
Page 1 of 2
EXHIBIT A: ADDITION OF CHAPTER 8.40 TO TITLE 8 OF THE AVON MUNICIPAL CODE
CHAPTER 8.40 POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE
Section 8.40.010 Definitions.
Section 8.40.020 Prohibited use of polystyrene foam disposable food service ware.
Section 8.40.030 Exemptions.
Section 8.40.040 Violation.
Section 8.40.050 Administrative fines.
8.40.010 DEFINITIONS. For the purposes of this chapter, the following terms have the following
meanings:
(a) “Disposable food service ware” means single-use disposable products used in the restaurant and food service
industry for serving or transporting prepared, ready-to-consume food or beverages. This includes but is not limited to
plates, cups, bowls, trays and hinged or lidded containers, also known as clamshells. This does not include straws,
utensils, or cup lids nor does it include disposable packaging for unprepared foods.
(b) “Food vendor” means any vendor, business, organization, entity, group or individual, including a licensed retail
food establishment that provides prepared food at a retail level.
(c) “Polystyrene foam” means and includes blown polystyrene and expanded and extruded foams (sometimes
incorrectly called Styrofoam®, a Dow Chemical Company trademarked form of polystyrene foam insulation) that are
thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques,
including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam
molding, and extrusion-blow molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups,
bowls, plates, trays, clamshell containers, meat trays and egg cartons. For the purposes of this Article, the term
“polystyrene” shall not include clear polystyrene known as “oriented polystyrene.”
(d) “Prepackaged food” means any properly labeled processed food, prepackaged to prevent any direct human
contact with the food product upon distribution from the manufacturer, and prepared at an approved source.
(e) “Prepared food” means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed,
brewed, frozen, squeezed, or otherwise prepared. Prepared food does not include eggs, fish, meat, poultry, and
foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug
Administration. Prepared food may be consumed either on or off the premises.
8.40.020 PROHIBITED USE OF POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE. No food vendor shall use polystyrene foam disposable food service ware when providing prepared food.
8.40.030 EXEMPTIONS.
(a) Automatic Exemptions. The following uses are exempt from the provisions of this chapter:
(1) Prepackaged food; and
(2) Polystyrene foam coolers and ice chests intended for reuse.
(b) Special Requests for an Exemption. Any food vendor may seek an exemption from the requirements of this
chapter upon demonstrating that strict application of the requirements would cause undue hardship.
(1) An “undue hardship” shall be found in:
(A)Situations unique to the food vendor where a suitable alternative does not exist for a specific
application; or
(B) Situations where no reasonable feasible available alternative exists to a specific and necessary
container prohibited by this chapter.
(2) The application process for exemption shall be as follows:
Page 2 of 2
(A)The food vendor seeking an exemption shall submit a written exemption request to the Town
Manager.
(B)A written exemption request shall include all information and documentation necessary for the
Town Manager to make a finding that imposition of this chapter would cause an undue hardship as
described above.
(C) The Town Manager may require the applicant to provide additional information in order to make
a determination regarding the exemption application.
(D)Exemption decisions are effective immediately and are final and not subject to appeal.
(E) The Town Manager may grant an exemption for a period of up to one year upon a finding that
the food vendor seeking the exemption has demonstrated that strict application of the specific
requirement would cause undue hardship as defined above.
(3) If a food vendor granted an exemption wishes to have the exemption extended, it must re-apply for the
exemption prior to the expiration of the one-year exemption period and demonstrate continued undue
hardship. Extensions may be granted for intervals not to exceed one year.
8.40.040 VIOLATIONS AND PENALTIES. Any person violating any of the provisions of this
Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof
during which any infraction is committed, continued or permitted and shall be subject to the penalties
contained in Chapter 1.09 of this Code.
AGENDA
1. WELCOME
2. OVERVIEW OF PLASTIC BAG REDUCTION ORDINANCE
3. QUESTIONS AND COMMENTS
4. OVERVIEW OF POLYSTYRENE REDUCTION ORDINANCE
5. QUESTIONS AND COMMENTS
6. REMINDER: FIRST READING OF BOTH ORDINANCES IS
SEPTEMBER 12, 2017
PLASTIC BAG REDUCTION ORDINANCE
WHAT IS BEING PROPOSED?
Similar to what the Town of Vail did in 2015, the Avon Town Council
is proposing the adoption of a new ordinance that would enact a
ban on single-use disposable plastic carryout bags at the point of
sale, and require a fee of $0.10 be applied to single-use paper
carryout bags.
A phased approach is proposed, with the first phase applying to
grocery stores only, and second phase applying to all other retailers.
Key Elements of the Disposable Paper Bag Fee Program:
A consumer making a purchase from a grocer or retailer
shall pay at the time of purchase a Disposable Paper Bag
Fee of $0.10 for each disposable paper bag used during a
purchase.
Grocers and retailers shall record the number of
disposable paper bags provided to any given customer and
the total amount of the Disposable Paper Bag Fee charged
to the customer on the customer transaction receipt.
No grocer or retailer may exempt a customer from any
part of the Disposable Paper Bag Fee for any reason.
For the first 12 months following the effective date of the
Disposable Paper Bag Fee, each grocer and retailer may
retain 20% of the Disposable Paper Bag Fee as a Vendor
Fee to be taken as a credit against the Disposable Paper
Bag Fee due to the Town. Thereafter, the entirety of all
collected Disposable Bag Fees shall be remitted to the
Town.
The remaining portion of the Disposable Paper Bag Fee
shall be paid to the Town and shall be deposited as
revenue in a designated waste reduction and reusable line
item within the Town's budget for uses that include, but
are not limited to:
Producing and providing reusable bags to Town
residents and guests;
Educating Town residents, businesses and guests
about the impacts of waste on the Town's
environmental health, the importance of
reducing the number of disposable bags entering
the waste stream, and the impact of disposable
bags on the Town's waterways and the
environment; and
Creating public educational campaigns to raise
awareness about waste reduction and recycling.
Grocers and retailers shall pay and the Town shall collect
the Disposable Paper Bag Fee at the same time and
pursuant to all applicable provisions of the Town's sales
tax code, and consistent with all applicable sales tax
provisions regarding sales tax administration, collection
and enforcement. The Town shall provide the necessary
forms for grocers and retailers to file individual returns
with the Town separate from the Town's sales tax forms to
demonstrate compliance with the Disposable Paper Bag
Fee.
Retailers that refuse or neglect to comply with the
regulations within the ordinance shall be subject to
penalties.
IF PASSED, WHEN WOULD IT GO INTO EFFECT?
The Town recognizes that this ordinance would enact several
significant changes for grocers and retailers. The Town is interested
in allowing for an adequate amount of time for grocery stores and
other retailers to adjust to and implement these changes.
The first phase, which would apply to grocery stores only, would go
into effect on April 1, 2018. Effective April 1, 2018, all grocers shall
only offer either a reusable bag or a disposable paper bag to a
consumer and it shall be unlawful for any grocer to provide
disposable plastic bags to customers at any point of sale.
The second phase, which would apply to all other retailers, would go
into effect on April 1, 2019. Effective April 1, 2019, all other retailers
shall only offer either a reusable bag or a disposable paper bag to a
consumer and it shall be unlawful for any retailer to provide
disposable plastic bags to customers at any point of sale.
Any store or business in the Town may voluntarily opt to participate
in the Disposable Paper Bag Fee program prior to their respective
effective date, by providing notice to the Town of Avon and
collecting the Disposable Paper Bag Fee pursuant to this Chapter.
WHY IS IT BEING PROPOSED?
The Town Council adopted the Climate Action Plan for the Eagle
County Community (CAP) in December 2016, and followed that up
with approval of an Implementation Schedule for the CAP in March
2017. The Implementation Schedule details a “Reduce use of single
use shopping bags county-wide” program and recommends a one
(1) year timeframe for implementation. In addition, the Town
Council adopted the Town of Avon 2017-2019 Strategic Plan
(Strategic Plan) in July 2017, which identifies a “Tier 1” priority to
“Consider legislation to end the use plastic bags…by retailers and
restaurants in the Town of Avon.” Through the adoption of the CAP
and approval of an implementation plan to meet the objectives of
the CAP, the Town has become recognized as a leader in its
commitment to addressing climate change at the local level.
The use of disposable plastic carryout shopping bags has severe
environmental impacts on a local and global scale, including
greenhouse gas emissions, litter, harm to wildlife, and solid waste
generation. The purpose of the ordinance is to reduce plastic waste
by eliminating unnecessary disposable plastic shopping bags and
achieve the Town’s environmental objectives.
PUBLIC FORUM
PLASTIC BAG AND POLYSTYRENE REDUCTION ORDINANCES
August 31, 2017
REUSABLE BAGS
The Town urges grocers and retailers to encourage their customers
to shop with machine washable, reusable bags. To aid the transition
process and pending Town Council approval of the ordinance, the
Town plans to budget approximately $30,000 in FY2018 for the
purpose of designing and producing Town of Avon reusable bags to
give out for free in the time leading up to the April 1, 2018, effective
date. The $30,000 allocation is subject to Town Council approval
during the adoption of the 2018 Town Budget, currently scheduled
for October 24, 2017.
POLYSTYRENE REDUCTION ORDINANCE
WHAT IS BEING PROPOSED?
The Avon Town Council is proposing the adoption of a new
ordinance that would prohibit food vendors from using polystyrene-
based disposable food service ware (polystyrene food containers).
The proposed ordinance would prohibit food vendors within the
Town of Avon from using polystyrene-based disposable food service
ware when providing prepared food. Prepared food means food or
beverages, which are serviced, packaged, cooked, chopped, sliced,
mixed, brewed, frozen, squeezed, or otherwise prepared. Food
vendor is defined as any vendor, business, organization, entity,
group or individual, including licensed retail food establishments,
that provides prepared food at a retail level. This includes all types
of food establishments, full service restaurants as well as fast food
restaurants. Food vendors would be prohibited from using
disposable food service ware, including but not limited to plates,
cups, bowls, trays and hinged or lidded containers, also known as
clamshells, that are polystyrene-based. This does not include straws,
utensils, or cup lids nor does it include disposable packaging for
unprepared foods. The proposed ordinance does not affect
prepackaged foods, meaning any properly labeled processed food,
prepackaged to prevent any direct human contact with the food
product upon distribution from the manufacturer.
The proposed Ordinance defines polystyrene-based as follows:
± Polystyrene-based means and includes expanded
polystyrene, which is a thermoplastic petrochemical
material utilizing a styrene monomer and process by any
number of techniques including, but not limited to fusion of
polymer spheres (expandable bead polystyrene), injection
molding, form molding, and extrusion-blow molding
(extruded foam polystyrene). The term “polystyrene” also
includes polystyrene that has been expanded or blown
using a gaseous blowing agent into a solid foam (expanded
polystyrene (EPS)), and clear or solid polystyrene known as
oriented polystyrene.
A food vendor may seek an exemption of up to one year if the
requirements of this proposed ordinance would cause undue
hardship. The guidelines for hardship would include:
± Situations unique to the food vendor where a suitable
alternative does not exist for a specific application; or
± Situations where no reasonable feasible available
alternative exists to a specific and necessary container
prohibited by this proposed Ordinance
Retailers that refuse or neglect to comply with the regulations
within the ordinance shall be subject to penalties.
IF PASSED, WHEN WOULD IT GO INTO EFFECT?
The Town recognizes that this ordinance would enact several
significant changes for restaurants. The Town is interested in
allowing for an adequate amount of time for restaurants to adjust to
and implement these changes. Town staff has proposed making
April 1, 2018, the effective date for this ordinance.
WHY IS IT BEING PROPOSED?
The adopted CAP reflects a strong commitment to reduce the
community’s greenhouse gas (GHG) emissions. The CAP also
includes details on programs, projects and policies that can be
undertaken to reduce GHG emissions. One of the recommended
policies, located in the “Waste and Landfill” section of Appendix A of
the CAP, is identified as “Packaging policies, get rid of Styrofoam.” In
addition, the adopted Strategic Plan includes a “Tier 1” priority to
“Consider legislation to end the use of plastic bags and non-
compostable take-out containers by retailers and restaurants in the
Town of Avon.”
Polystyrene foam is a common pollutant and a threat to natural
ecosystems that fragments into smaller, non-biodegradable pieces
that are difficult to clean up, as they are lightweight and easily
blown into streets and waterways. The litter also has the potential
to harm marine life and other wildlife.
A large portion of the conventional single-serve food service ware
used today is made from expanded polystyrene foam, which is
derived from petroleum. It takes a long time for polystyrene-based
disposable food service ware to deteriorate in the environment or a
landfill. In addition, it is usually heavily contaminated with food
residue after it is used, making it difficult to recycle. Efforts to
recycle used polystyrene-based food service ware have not been
successful because the costs of recycling it outweigh its market
value as a recycled product. Consequently, most curbside recycling
programs do not accept it.
ALTERNATIVE CONTAINERS
Alternatives to polystyrene-based disposable food service ware that
are less harmful to the environment include reusable containers and
compostable items made from sugarcane, potato starch, paper, and
corn-based plastic. These alternatives may sometimes be purchased
at competitive prices, but are typically 2 to 4 times more expensive
per unit compared to EPS products. Food vendors can offset these
costs by improving efficiency and reducing waste overall. Another
way for food vendors to recoup these costs would be for them to
impose a “take-out fee” on their customers. Exhibit 1 provides a
price comparison between various food service ware products made
of polystyrene and ones made out of compostable/ biodegradable
materials.
Well-performing compostable food ware is available from a variety
of manufacturers, typically through vendors that offer a wide array
of food service products. Exhibit 2 provides a list of vendors that sell
recyclable and compostable food service ware. If the proposed
ordinance is enacted, the list could help Avon food vendors that are
not currently in compliance with the proposed ordinance.
UPCOMING SCHEDULE AND HOW TO PROVIDE COMMENT
First reading of both proposed ordinances are scheduled for action
at the regular September 12, 2017, Town Council Meeting. If Council
passes one or both of the ordinances at the meeting, the public
hearing for second reading can be anticipated to be heard at the
September 26, 2017, Town Council Meeting.
To provide comment on the proposed ordinance:
Attend and speak at the September 12th Council Meeting.
The agenda will be posted online on Friday, September 8,
2017, at www.avon.org/councilpacket.
Email comments to Town Clerk Debbie Hoppe at
dhoppe@avon.org.
All information about the two ordinances can be found on the
Town’s website at www.avon.org/engage.
PRODUCT Polystyrene Foam
(Average of 2 websites)
Oriented Polystyrene
(Average of 2 websites)
Biodegradable/Compostable
(Average of 2 websites)
9x9x3 Hinged Three
Compartment
Container (Clamshell)
$19.80 per 200
$0.10 per unit
$29.07 per 100
$0.29 per unit
$112.93 per 300
$0.38 per unit
9" 1-Compartment
Plate
$20.84 per 500
$0.04 per unit
$36.83 per 500
$0.07 per unit
$112.22 per 1,000
$0.11 per unit
16 oz Cold Cup $44.79 per 1,000
$0.04 per unit
$48.87 per 1,000
$0.05 per unit
$123.13 per 1,000
$0.12 per unit
16 oz Hot/Cold Cup $56.20 per 1,000
$0.06 per unit
12 oz Insulated (Polystyrene
Coated) Coffee Cup
$71.25 per 500
$0.14 per unit
$130.27 per 1,000
$0.13 per unit
12 oz Hot Bowl $24.51 per 1,000
$0.02 per unit
$51.49 per 1,000
$0.05 per unit
$85.63 per 1,000
$0.08 per unit
Product Cost Comparison
Vendor Name Phone/Website Location Products Available
Better Brand Food
Products Inc.
(831)724-7234
www.betterbrandfood.com Watsonville CA Recyclable disposables, including
plates, cutlery and to-go containers
BiRite Foodservice
Distributors
(800)277-5373
www.birite.com Brisbane, CA Recyclable disposables, including
plates, cutlery and to-go containers
Coast Paper & Supply (831)423-3350
www.coastpapersupplyinc.com Santa Cruz, CA Restaurant supply: compostable
and/or recyclable to-go containers
Eco Products (303)449-1876
www.ecoproduct.com Boulder, CO Recyclable disposables, including
plates, cutlery and to-go containers
Excellent Packaging &
Supply
(510) 317-2737
www.excellentpackaging.com Richmond, CA Compostable and biodegradable
food service disposables
Genpak (310)676-5000
www.genpak.com Hawthorne, CA Restaurant supply: compostable
and/or recyclable to-go containers
Green Earth Office
Supply
(408) 969-0900
www.greenearthofficesupply.stores.
yahoo.net
Santa Clara, CA Restaurant supply: compostable
and/or recyclable to-go containers
Ledyard's (831)462-4400
www.ledyard.com Santa Cruz, CA Restaurant supply: compostable
and/or recyclable to-go containers
WebstaurantStore www.webstaurantstore.com Lititz, PA Restaurant supply: compostable
and/or recyclable to-go containers
World Centric (650)736-6699
www.worldcentric.org Palo Alto, CA Restaurant supply: compostable
and/or recyclable to-go containers
VENDOR LIST - RECYCLABLE AND COMPOSTABLE FOOD SERVICE WARE
From: Debbie Brill [mailto:debbie@brillinsurance.net]
Sent: Thursday, June 29, 2017 8:52 AM
To: Debbie Hoppe
Subject: Polystyrene Ban
Hi Debbie,
I completely and whole-heartedly support this ban! My understanding is that styrofoam is toxic to make,
toxic after use to the environment but also not healthy to have it leach into the food that we will then
eat or drink. I would willingly pay a few cents more for take-out or for a cup of coffee (although I always
bring my own cup) that used alternative and healthier products. There are plenty of products available
that use biodegradable materials; "plastics" made from corn, etc. My stance is that purchasing and
using healthier products sends a message to manufacturers that their future business success resides
with more earth and human friendly materials.
I sincerely appreciate Avon's pro-active approach to this topic and hope that more environmentally
friendly issues continue to be reviewed.
Thank you very much!
Debbie Brill
Brill Insurance Agency
150 E Beaver Creek Blvd A203 | PO Box 1498 | Avon, CO 81620
ph. (970) 845-8910 | fx. (970) 845-8460 | www.brillinsurance.net
Auto - Home - Health - Commercial - Accident - Life
From: dan@AVONBAKERYANDDELI.COM [mailto:dan@AVONBAKERYANDDELI.COM]
Sent: Thursday, June 22, 2017 2:09 PM
To: Preston Neill
Subject: RE: Notice of Town Council Work Session for a Proposed Ordinance Prohibiting Food Vendors
from using Polystyrene Containers
I cannot support any legislation banning a product. Here we have made the conscious
decision to eliminate the use of plastic shopping bags (over ten years ago) and never have
purchase polystyrene to go boxes but this is OUR CHOICE.
AVON TOWN GOVERNMENT HAS NO BUSINESS DOING THIS AND IS OVERSTEPPING IT'S
AUTHORITY.
NO-I DON'T SUPPORT THIS MEASURE!
Dan Trush
Avon Bakery & Deli
970.949.DELI(3354)
www.AvonBakeryandDeli.com
June 29, 2017
To: Avon Town Council
Re: Proposed ordinance prohibiting food vendors from using polystyrene based disposable food
containers
Dear Town of Avon Decision Makers,
As an advocate for sustainable waste diversion practices, I am personally very excited about
your decision to prohibit food vendors from using styrofoam for disposable food containers. In
my opinion, this decision demonstrates Town of Avon's leadership in climate action!
As a representative of your local waste and recycling hauler, I would like to be a part of this
conversation to ensure that this ordinance is formatted with consideration of local waste
diversion infrastructure and minimal confusion to entities that are affected.
The first questions that come to mind when reading the TOA informative memo include:
- Are you talking about all polystyrene (PS) - with the exception of what you mentioned- or
expanded polystyrene (EPS)?
- Although PS and EPS are both #6 plastics, this distinction can be very confusion for people so
I would recommend you also accompany the ordinance with informative material explaining this
and how they are different and same, with examples of each.
- If you are going to leave it as PS then you might also need to consider that SOLO cups are PS
plastic and the inside of all disposable coffee cups is lined with PS plastic (with the exception of
compostable coffee cups)
- Are you planning to follow this ordinance with a suggested alternative to these products? If
so, are you considering compostable products?
- If you are considering recommending or requiring compostable service products then I would
highly encourage you to work with Vail Honeywagon directly to ensure there is an end life
option for these products. It is very likely that there will be additional charges for loads that
include compostable plastic cups in the Honeywagon Compost Facility and I want to be sure
that the struggles associated with processing these materials are very clear to everyone before
regulations are put into place requiring them.
Thank you for bring waste to the forefront of Avon’s climate action goals! Please let me know if
I can provide any additional expertise as you continue this regulatory process.
Sincerely,
Shawn Bruckman
Director of Compost Operations
Honeywagon Organics
From: Shayne Madsen [mailto:shayne.madsen1@gmail.com]
Sent: Friday, July 07, 2017 10:33 AM
To: Debbie Hoppe
Cc: John Easter; Sundari Kraft; Jenn L. Penn; nhoover@corestaurant.org; Mary Lou Chapman;
larry@hudsonga.com
Subject: Media reports on "styrofoam" ban
I have tried to communicate to your town attorney, but I am not sure that the email was received. I am
outside counsel for the American Chemistry Council. Members include producers and distributors of
plastic foam products. In your deliberations, please be aware of the provisions of Section 25-17-104
C.R.S. Since 1993, local governments have been prohibited from prohibiting the "use or sale of specific
types of plastic materials or products". I am happy to further discuss this issue at your convenience. As I
will be traveling, please use my cell 303-588-1693 or email me your contact information and I will
contact you. Thank you for your professional courtesy.
Sent from my iPad
From: Nicholas Hoover [mailto:NHoover@corestaurant.org]
Sent: Monday, July 10, 2017 10:16 AM
To: Debbie Hoppe
Subject: Colorado Restaurant Association Comments on Polystyrene in Restaurants
Dear Debbie,
The Colorado Restaurant Association (CRA) is the definitive voice of the food service industry in
Colorado and has been advocating for the industry since 1933. On behalf of our restaurant members
within the City of Avon, I respectfully submit the following comments to share with you our concerns
over the prohibition of polystyrene food service packaging.
It is the interpretation of the CRA that local governments in Colorado are prohibited from banning the
“use or sale of specific types of plastic materials or products or restrict or mandate containers,
packaging or labeling for any consumer products.” C.R.S. 25-17-104. Because polystyrene is a plastic, this
would directly conflict with state law.
Polystyrene foam containers are among the most efficient for keeping foods fresh, free of leaks and
spills, and most importantly keeping the food and beverages hot or cold. Improper storage of food and
beverages can cause food to spoil due to an increase or decrease in temperature which highly increases
the chances of foodborne illnesses. Therefore, it is standard practice for ice cream, frozen yogurt and
smoothie shops, amongst others, to use the foam packaging. In addition, many independently operated
ethnic restaurants find the product to be the best functionally for their hot soups and sauce-based
dishes.
For a segment of the economy which is characterized by razor thin profit margins of around 4% on the
dollar in a good economy, cost always must be a consideration of a product in addition to the functional
value. Schools, hospitals, nursing homes, non-profit food programs, delis, and family-owned restaurants
are among the many institutions that rely upon polystyrene foam for its excellent insulation at an
economical price. Alternative packaging materials are often as high as 2-3 times more expensive and do
not hold the food temperatures efficiently. Many restaurants still choose to use the product because of
its functional value being the best match for the type of food offered and it costs significantly less. Cost
differences are felt differently by different sizes, types, and locations of restaurants and therefore have
a differing impact on the local restaurant community.
We share the on-going concern over litter, however the discriminatory approach of selecting and
eliminating a given type of food service product is an ineffective approach. When litter reduction occurs
on streets within our community, the amount of material that flows through storm drains and rivers is
also reduced. Comprehensive efforts should be aimed at reducing ALL composition of litter, not solely
individual products for a single industry. This will allow an overall volume of material reaching the
marine environment to be reduced. For instance, the City and County of San Francisco banned
polystyrene containers in 2008 and according to a litter re-audit conducted for the City/County, paper
cup and plate litter only increased after the ban was enacted. Bans may change the composition of
litter, but they do not reduce the amount of litter as those who litter do not discriminate between
materials.
If you have any questions about our comments, please feel free to reach out to me directly.
Very respectfully,
* Please note new email and website addresses!**
Nick Hoover, Manager of Government Affairs
Colorado Restaurant Association
430 E. 7th Ave. | Denver, CO 80203
P: 303.830.2972 x 119
C: 720.369.0343
F: 303.830.2973
E: nhoover@corestaurant.org
From: Marty Golembiewski [mailto:martygolembiewski@hotmail.com]
Sent: Friday, July 14, 2017 11:12 AM
To: Avon Council Web
Subject: Styrofoam ban - support
As a Town of Avon Resident I completely support a Styrofoam ban. I also support a plastic bag ban. I
feel it is our responsibility to do everything possible to protect the natural beauty of our area and
environment.
Thank you,
Marty Golembiewski
MADSEN & ASSOCTATES, P.C.
7441old MilI Trail
Boulder, CO 80301
Shayne M. Madsen
303-588-1693
Shayne.madsen I @ gmail.com
Jnly 7,2017
Eric Heil
Town Attorney
Town ofAvon
VIA Email: eheil@avon.org
Re: Styrofoam Ban
DearMr. Heil:
I am outside counsel for the American Chemisty Council whose members include producers and
distributors of plastic foam products.
We have reviewed a recent media report indicating that the Town of Avon is considering enacting
a ban on "Styrofoam containers.'o [n your deliberations, please be aware of the provisions of Sec .25-17-
104, C.RS., which prohibits local govenrments &om prohibiting the "use or sale of specific types of
plastic materials or products."
I am happy to discuss this issue with you at your convenience. I am traveling so the best way for
you to reach me is at 303-588-1693, or by email.
Thank you for your professional courtesy.
Sincerely,,"""/u2.4
Shayne M. Madsen
July 10, 2017
Eric Heil, Town Attorney
Town of Avon
1 Lake Street
Avon, CO 81620
Subject: Response for Written Comments from ACC Plastics Foodservice Packaging Group (oppose): Proposed
Ordinance (Polystyrene Reduction Initiative) – July 11, 2017 Town Council Work Session
Dear Eric Heil, Town Attorney & Debbie Hoppe, Town Clerk, Town of Avon:
We are writing to provide the Avon Town Council both information on polystyrene foam foodservice packaging, as well
as express our concerns about the proposed ordinance (Polystyrene Reduction Initiative) that will be discussed by the
Town Council in a July 11, 2017 Work Session. This proposed ordinance would prohibit the use of certain disposable or
polystyrene foam foodservice containers with little or no environmental benefit to Avon. The members of our group, the
Plastics Foodservice Packaging Group (PFPG) of the American Chemistry Council (ACC), represent the leading suppliers
and manufacturers of plastics foodservice packaging products, including polystyrene food and beverage containers.
Food for thought on polystyrene foam foodservice …
We support the Town of Avon’s ongoing efforts to make it more sustainable, including efforts to reduce waste and
improve recycling. However well-intentioned, banning polystyrene foam foodservice ware (as proposed in the
Polystyrene Reduction Initiative) will not improve sustainability, and may actually have the opposite effect you are
looking for. We oppose this proposed ordinance for the following reasons:
- Polystyrene foam foodservice has a lower footprint than requiring the use of alternative compostable products
((less greenhouse gas emissions, less waste, and less energy), especially when an infrastructure to adequately
collect and compost these products does not exist;
- Polystyrene foam foodservice is a very small component of litter, and cities (like San Francisco) that have studied
litter show that a ban on one product (like polystyrene foam foodservice) did not reduce litter – the actual amount
of litter from the heavier non-polystyrene substitutes increased, since you are substituting one product for another.
- Polystyrene foam foodservice offers unique low cost, high performance (insulation) properties that make it the
choice of foodservice establishments. Small and medium food establishments are under pressure to keep food
costs down – and the non-polystyrene foam foodservice are much more expensive, with no environmental benefit;
and
- Colorado state law (Sec 25-17-104, C.R.S.), has a provision which prohibits local governments from prohibiting
the “use or sale of specific types of plastic materials or products”.
Working together …
We urge the Town Council to review the attached information on polystyrene foam (foodservice) and defer any action on
this Polystyrene Reduction Initiative, since the premise of this bill is based on misinformation or misperceptions about
biodegradability and compostability of non-polystyrene foam foodservice as a more sustainable alternative, the safety of
polystyrene foam foodservice products, and the alleged environmental benefits of the substitute foodservice products to
polystyrene foam.
Based on the benefits of polystyrene foodservice as part of the waste management solution (rather than the problem), as
well as fiscal benefits, we request the Town Council to review this information, and in fact work with our industry to
educate members on real solutions to address litter and solid waste. We appreciate your feedback, and please let us know
if you have any questions on this material, or need additional information.
We are providing these comments by the July 10th deadline. As the Town Council has a work session on the Polystyrene
Reduction Initiative, we hope the attached information will assist them in determining how to address polystyrene (and
other) foodservice issues. We hopefully can work together and share our experiences on how our industry is part of the
solution to responsible sustainability programs with respect to its products.
Sincerely,
Mike Levy, Director
Plastics Foodservice Packaging Group (PFPG)
(tel: 703-741-5647; e-mail: mike_levy@americanchemistry.com)
John Easter, Senior Director, State Affairs, Midwest Region
American Chemistry Council
(tel: 515-471-1957; e-mail: john_easter@americanchemistry.com
Addendum: Response for Written Comments from ACC Plastics Foodservice Packaging Group
(oppose): Proposed Ordinance (Polystyrene Reduction Initiative) – July 11, 2017 Town Council Work
Session
Here’s information based on studies/independent experts that should demonstrate how the issues of foodservice litter,
trash, and recycling/recovery are being addressed and how the Town of Avon can capitalize on these programs without
implementing a product ban such as those suggested in this ordinance. We ask that you research and consider this
information to help make an informed decision:
Landfills, Biodegradation – According to the most recent USEPA Characterization of Municipal Solid Waste report –
link http://www.epa.gov/osw/nonhaz/municipal/pubs/MSWcharacterization_fnl_060713_2_rpt.pdf, all plastic foodservice
products contribute approximately 1% of waste generated, whereas paper and paperboard make up the largest components
of MSW materials generated (28%). Landfills are not filling up with polystyrene foam or plastics – they are filling up
with paper and paperboard as the largest contributors.
While popular culture has led many to believe that burying our nation’s garbage in landfills is sort of like creating big
compost heaps, modern landfills are specifically designed to minimize decomposition. The small amount of degradation
that does occur in a landfill often generates methane, a much more potent greenhouse gas than CO2. Products like
polystyrene foam are inert and do not break down in landfills – that is a positive attribute. The Biodegradable Products
Institute (BPI), a not-for-profit association of key individuals and groups from government, industry, and academia, has a
mission to education manufacturers, legislators and consumers about the importance of scientifically based standards for
compostable materials which biodegrade in large composting facilities. Under their “Myths of Biodegradation”, BPI
states:
Myth: Biodegradable products are the preferred environmental solution because waste simply
biodegrades in the landfill.
Reality: Nothing biodegrades in a landfill because nothing is supposed to.
http://www.bpiworld.org/Default.aspx?pageId=190439
Small Part of Litter – According to a 2012 study, commonly used polystyrene foam foodservice products make up 1.5
percent of litter. The report compiled information from nineteen litter surveys conducted in the U.S. and Canada from
1994 to 2009, including a 2008 national survey of 240 sites. Evaluating only the surveys conducted since 2000 yields an
even lower median value of 1.1 percent. (Source: “The Contribution of Polystyrene Foam Food Service Products to
Litter,” Environmental Resources Planning, Gaithersburg, MD, May 2012)
Bans Don’t Work – and Polystyrene foam foodservice is a small part of litter (1.5%). While all litter should be
reduced, polystyrene foam foodservice packaging makes up only 1.5 percent of litter, according to a May 2012 national
report by environmental consulting firm Environmental Resources Planning. Banning a product like polystyrene foam
foodservice ware and substituting it with a heavier product will not reduce litter. Substituting one type of litter for another
is not a smart strategy. For example, when San Francisco placed restrictions on the use of certain plastic foodservice
products, the city found that alternatives became more littered. (Source: “The City of San Francisco Streets Litter Re-
Audit 2008, prepared for the City of San Francisco Environment Department, July 4, 2008,
http://sfenvironment.org/downloads/library/2008_litter_audit.pdf)
Composting: Not a Simple Solution – Many people believe that communities could easily compost paper-based and
other “biodegradable” foodservice products. But it’s not that simple. These used foodservice items would still need to be
collected, separated and delivered to a large-scale compositing facility, of which there are few in the U.S. In the absence
of such a facility, these products generally end up in landfills. Once in landfills, they do not readily break down because
modern landfills are actually designed to retard decomposition.
Environmental Footprint – A full environmental picture is critical when comparing foodservice options. It’s easy to
focus only on a product’s end of life since that’s what consumers see – but the environmental footprint of any product
includes all of its impacts, such as raw material use, resources used in manufacture, fuel use and emissions in transport
and more (see Sanitation above). Polystyrene foodservice packaging uses less energy and resources to manufacture than
comparable paper-based products, leaving a lighter footprint. For example, a polystyrene foam cup requires about 50%
less energy to produce – and creates significantly fewer greenhouse gas emissions – than a similar coated paper-based cup
with its corrugated sleeve. A link to the release of the study
(http://www.americanchemistry.com/Media/PressReleasesTranscripts/ACC-news-releases/New-Study-Polystyrene-Foam-
Cups-and-Plates-Use-Less-Energy.html) as well as to the full peer reviewed study is provided here -
http://plasticfoodservicefacts.com/Life-Cycle-Inventory-Foodservice-Products.
Used polystyrene foodservice can help contribute an energy solution, too. Polystyrene foodservice also can be used as
a source of energy. Polystyrene actually has more captured energy than coal. This energy is released when municipal
solid waste is processed at waste-to-energy recovery facilities. The U.S. has 86 such facilities that can recapture this
energy and put it to good use, creating a domestic energy source to power homes and business.
Polystyrene foodservice saves fuel, energy and greenhouse gas emissions to make and transport. Polystyrene
foodservice uses less energy and resources to manufacture than alternatives. And as very lightweight plastic, shipping
polystyrene saves precious fuel. A full life cycle study highlights the tradeoffs and advantages of polystyrene foam
foodservice from an overall energy, air, water and waste perspective (http://plasticfoodservicefacts.com/Life-Cycle-
Inventory-Foodservice-Products)
Variety of Polystyrene Recycling Programs:
Polystyrene foodservice products are recycled in various ways in many communities, depending on the local solid waste
program. If a community, a school, a restaurant or supermarket wants to take advantage of plastic foodservice product
recycling, there are several ways to make that happen. Recycling polystyrene foam is fairly simple. The City of
Baltimore has elected to recycle polystyrene in selected areas, and has enacted neighborhood cleanup programs to deal
with all litter. The plastic products must be collected (free of major food debris) and delivered to a facility close enough
to make the transport economical. (Because foam packaging is more than 90% air, most programs “densify” the products
to get more on a truck.) The plastic is then ground up, heated and recast into plastic pellets. These pellets are sold to
companies that make products such as “green building” construction materials, consumer products and plastic packaging.
The website below highlights different venues – schools, restaurants, cities, national parks – that recycle foam and also
contain videos that walk through the various aspects of polystyrene foam recycling: There are over 500 curbside/drop off
programs nationwide recycling polystyrene foam foodservice and protective packaging. These sites are regulatory
updated, have 511 locations as of November 2016, and there is a spot-check of the website link:
http://www.recyclemoreplastic.org/plastics/eps_map.html
Many schools that use expanded polystyrene foam have recycling programs. One particular organization, Foodservice
Sustainability Solutions (FSS), http://www.styrosmart.com/modx/ specializes in waste stream reduction and recycling for
commercial and institutional foodservice expanded polystyrene waste and school waste. They provide real results from
the six schools in the Houston Integrated school District involving recycling of expanded polystyrene foam foodservice
resulting in 100% landfill diversion, reduction greenhouse gases, cutting waste r emoval cost by 70%, reduction trash bag
costs, and trash bag usage. This is a model that can be used in many schools.
Recycling solutions for post-use foodservice are emerging – new grant program for polystyrene foam announced.
Polystyrene foam foodservice packaging is being recycled in many communities across the country. The foodservice
industry through its Foam Recycling Coalition’s launched a new grant program this year to help fund infrastructure for the
collection, processing and marketing of products made for polystyrene foam (www.fpi.org/recyclefoam). The grant
program targets post-consumer polystyrene foam products such as foodservice packaging (i.e., cups, plates, bowls,
clamshells, cafeteria trays); egg cartons; meat rays; and protective “transport” packaging. Funding is now available for
foam recycling programs through this grant program – applications must be submitted by April 17, 2017 for priority
consideration. http://www.fpi.org/index.php?bid=100&storyid=185
A new study by the Berkeley Research Group (Market Analysis of End Uses for Recycled Post-Consumer expanded
polystyrene food ware) found nearly 140 companies that process or use recycled post-consumer foam, including food
ware, in the U.S. and Canada
(http://www.fpi.org/fpi/files/ccLibraryFiles/Filename/000000000779/BRG%20Memo%20Report%2010-9-2014.pdf) .
Banning this product when it can be recycled is not a sustainable solution.
Where do people have access to Polystyrene Foam Foodservice is Actually Recycled? 65 cities in California
(representing 22% of the population) have PS foam recycling going on – both foodservice polystyrene foam and what we
call EPS (expanded PS foam) protective packaging (shape molded transport packaging, PS “peanuts”/loose fill). There
are recyclers like Nepco in California that collect, process and make picture frames out of the recycled polystyrene foam.
This includes the City of Los Angeles, our nation’s second largest city, which collects polystyrene packaging in its
curbside recycling program. The LA program accepts foodservice products, like foam cups and take-out containers—
residents simply clean and toss them in the blue bin with their other recyclables.
Can Polystyrene Foam Recycling Opportunities be available in Maine?
Waste disposal, including recycling, is generally a local municipal issue – with cities, counties, and jurisdictions
developing and implementing programs that best fit their needs. Recyclables like polystyrene foam can be included in
those programs, if the various stakeholders involved work together. The plastics foodservice industry has experience and
interest in working with localities, and feels positive programs like recycling, recovery from waste, and waste reduction
go a long way in meeting sustainability goals for government and industry alike. The new grant program from the Foam
Recycling Coalition described above is another effort aimed at adding polystyrene foam to city recycling programs across
the U.S.
Polystyrene is approved as safe for use in foodservice by the Food and Drug Administration (FDA). FDA has
determined for more than 50 years that polystyrene is safe for use in foodservice products. A common but unnecessary
worry about many plastics in foodservice is that they may have tiny amounts of constituents that can make their way into
food. This is precisely one of the reasons why the FDA reviews and approves every material to be used in contact with
food for safety –- before it hits the market -- and this includes a look at what might migrate out of the material, so FDA
scientists and regulators are fully satisfied about the safety of the material.
Polystyrene should not be confused with styrene. Polystyrene and styrene are different substances. Styrene, a liquid,
and polystyrene, a solid are fundamentally different. Styrene is a liquid that can be chemically linked to create
polystyrene, which is a solid plastic that displays different properties. Polystyrene is used to make a variety of important
consumer products, such as foodservice containers, cushioning for shipping delicate electronics, and insulation. Equating
polystyrene with styrene is like equating a diamond with carbon. They are not the same substance.
National Toxicology Program (NTP): “Let me put your mind at ease …” NTP Director Dr. Linda Birnbaum, PhD.,
was widely quoted in Associated Press reports in June 2011 when the NTP decided to include styrene in its 12th Report on
Carcinogens: “Let me put your mind at ease right away about polystyrene foam … In finished products, certainly styrene
is not an issue.” Experts from the U.S. National Institute of Environmental Health Sciences (NIEHS) and the American
Cancer Society, along with NTP’s Associate Director John Bucher, have reached the same conclusions as Dr. Birnbaum.
“Styrene should not be confused with polystyrene (foam). Although styrene, a liquid, is used to make polystyrene, which
is a solid plastic, we do not believe that people are at risk from using polystyrene products” (NIEHS). Attached are
statements from key health agency experts stating that polystyrene foam foodservice ware made from styrene causes no
concern for use by consumers in the marketplace.
The Safety of Styrene in Selected Foods and Polystyrene Foam Foodservice Cups - Styrene occurs naturally in
foods such as strawberries and cinnamon. Whether naturally occurring in foods and beverages such as strawberries,
coffee beans or cinnamon, or produced synthetically, most people encounter styrene as a part of their daily lives, though
in small amounts. Scientific studies have shown that the small amounts of styrene consumers may be exposed to are not
harmful; studies have also shown that, should exposure occur, styrene does not stay in the body for long and is rapidly
metabolized and excreted. There is more styrene found in cinnamon, beer and beef than there is in a foam cup. For more
detailed information, visit: http://youknowstyrene.org/health-and-safety/consumers/
The Town of Avon proposed ban on Polystyrene foam foodservice will not Achieve Sustainability Goals.
Sustainability goals for the Town of Avon will not be met by promoting compostable products where opportunities to
compost there products don’t currently exist in the state, and by failing to examine recycling opportunities for polystyrene
foam as many communities have. A polystyrene foam cup, for example, requires one-third of the energy to produce
compared to some compostable alternatives. Paper cups would also be banned as part of the ordinance since they are not
recyclable.
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Avon Town Council
From: Preston Neill, Deputy Town Manager
Date: September 24, 2019
Topic: FIRST READING ORDINANCE 19-07, ENACTING CAMPAIGN FINANCE REGULATIONS
ACTION BEFORE COUNCIL:
Council is asked to take action on First Reading of Ordinance 19-07, Enacting Chapter 1.14 of Title 1 of
the Avon Municipal Code Pertaining to Campaign Finance.
PROPOSED MOTION:
“I move to approve [with or without modifications] First Reading of Ordinance 19-07, Enacting Chapter
1.14 of Title 1 of the Avon Municipal Code Pertaining to Campaign Finance.”
SUMMARY:
There has been an ongoing, national debate on the role money plays in campaigns for elected office.
Campaign finance laws, which are found on the federal, state, and local levels, have been developed in
order to reduce the potential, real or perceived, for money to influence an elected official’s voting
behavior.
C.R.S 1-45-116 states that any home rule municipality may adopt ordinances or charter provisions with
respect to its local elections that are more stringent than any of the provisions contained in the Fair
Campaign Practices Act. Municipalities across the state of Colorado have adopted their own campaign
finance regulations. Some of them, including the list of cities below, have enacted a limit on individual
campaign contributions. The list below also includes each city’s respective contribution limit.
• Aspen – $250
• Aurora – $100
• Boulder – $100
• Fort Collins – $100 for the office of mayor | $75 for the office of councilmember
• Longmont – $100
• Loveland – $100
Presently, there are no campaign contribution limits for municipal elections in the Town of Avon. A
candidate for elected Town office may raise an unlimited amount of money from any one source. With
2020 Town Council campaigns not too far off, it is timely that the Town Council discuss, review and
consider enacting legislation to reduce the role money plays in local Town Council campaigns.
In its current form, the proposed Ordinance, if enacted, would:
• Require all candidates for the office of Town Council to certify by affidavit that they are familiar
with the provisions of the Chapter.
• Require all candidate committees, political committees and issue committees to register with
the Town Clerk before accepting or making any contributions.
• Limit contributions and/or contributions in kind to the candidate committee of any candidate
for the office of Town Council to $250 per person.
• Require all candidate committees, political committees and issue committees to report to the
Town Clerk their contributions and contributions in kind received that are $20.00 or more,
expenditures made, and obligations entered into by the committee.
• Prohibit contributions from any person who is not a legal permit resident of the United States,
or from a foreign government, corporation, labor union, or political party.
• Establish regulations for unexpended campaign contributions.
• Establish both civil and criminal penalties for violations of the Chapter.
ATTACHMENT:
Ordinance 19-07
Ord 19-07
FIRST READING – September 24, 2019
Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE 19-07
ADDING CHAPTER 1.14 OF TITLE 1 OF THE AVON MUNICIPAL
CODE PERTAINING TO CAMPAIGN FINANCE
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;
WHEREAS, various efforts have been made to enact valid campaign financing and
disclosure regulations and reforms at all levels of government; and
WHEREAS, §1-45-116, C.R.S., of the Colorado Fair Campaign Practices Act, state, in
pertinent part: “Any home rule county or municipality may adopt ordinances or charter
provisions with respect to its local elections that are more stringent than any of the provisions
contained in this act.”
WHEREAS, the manner of electing Town officers and of financing political campaigns
supporting or opposing candidates for Town office and ballot issues and ballot questions referred
to or initiated by Town electors for a vote of the entire Town electorate, are matters affecting the
organization and structure of Town government and are matters affecting the elective franchise
and potential abuses of the elective franchise; and therefore are within the constitutional and
statutory authority of Town electors and the governing board to regulate by duly adopted home
rule charter or ordinance; and
WHEREAS, as a result of its status as a home rule town, the Town of Avon has a tradition
and culture acknowledging the value and importance of transparency and disclosure in the
financing of campaigns in local elections; and
WHEREAS, the Avon 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:
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 1.14 to Title 1 of the Avon Municipal Code. Chapter 1.14,
“Campaign Finance” is added to Title 1, “General Provisions,” of the Avon Municipal Code to
read as set forth in Exhibit A: Addition of Chapter 1.14 to Title 1 of the Avon Municipal
Code, attached hereto.
Ord 19-07
FIRST READING – September 24, 2019
Page 2 of 3
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 final
adoption 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 al l 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.
Ord 19-07
FIRST READING – September 24, 2019
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on September 24, 2019 and setting such public hearing for October 10, 2019 at the
Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on October 10, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
Page 1 of 9
EXHIBIT A: ADDITION OF CHAPTER 1.14 TO TITLE 1 OF THE AVON MUNICIPAL CODE
CHAPTER 1.14
CAMPAIGN FINANCE
Section 1.14.010 Legislative declaration.
Section 1.14.020 Definitions.
Section 1.14.030 Candidate affidavit; failure to file.
Section 1.14.040 Registration of committees.
Section 1.14.050 Campaign contributions.
Section 1.14.060 Disclosure; filing of reports.
Section 1.14.070 Reports to be public record.
Section 1.14.080 Unexpended campaign contributions.
Section 1.14.090 Independent expenditures.
Section 1.14.100 Electioneering communications.
Section 1.14.110 Duties of town clerk.
Section 1.14.120 Violations and complaints
Section 1.14.130 Criminal penalties.
Section 1.14.140 Civil penalties.
Section 1.14.150 Immunity from penalty
Section 1.14.160 Severability.
1.14.010 LEGISLATIVE DECLARATION.
The citizens of the Town of Avon hereby find and declare that large campaign contributions to candidates for public
office allow wealthy contributors and special interest groups to exercise a disproportionate level of influence over the
election process; that large campaign contributions create the potential for corruption and the appearance of corruption;
that the rising costs of campaigning for public office prevent qualified citizens from running for public office; that the
interests of the public are best served by full and timely disclosure of campaign contributions, strong enforcement of
campaign laws, and limiting campaign contributions; and that the Town is a home rule municipality and this Chapter
shall supersede any and all conflicting constitutional provisions, state statutes and rules promulgated thereunder by
the Secretary of State and Fair Campaign Practices Act, 1-45-101, et seq., C.R.S., as now enacted or as it may from
time to time be amended.
1.14.020 DEFINITIONS.
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this
Section:
(a) Ballot issue, ballot question or issue shall mean any measure put to a vote of the registered electors of the Town
by the Town Council at any election held under the provisions of the Town Charter. For purposes of this Chapter, ballot
issue, ballot question or issue shall also mean any measure for which recall, initiative or referendum proceedings have
been commenced. As used in this Section, commenced shall mean the date upon which the petition is first circulated
for signatures.
(b) Candidate shall mean any person who seeks nomination or election to the office of Town Council at any Town
election. A person is a candidate if the person has publicly announced an intention to seek such election, has accepted
Page 2 of 9
a contribution in any amount, or has filed a nominating petition for the office of Town Council. Candidate shall also
mean any elected official who is the subject of recall proceedings pursuant to the Charter and this Chapter.
(c) Candidate committee shall mean a person, including the candidate, or persons with the common purpose of
receiving contributions and making expenditures under the authority of a candidate. A candidate shall have only one
(1) candidate committee. A candidate committee shall be considered open and active until the committee has filed a
termination report with the Town Clerk.
(d) Committee shall mean, collectively, candidate committees, issues committees and political committees.
(e) Contribution shall mean:
(1) The payment, loan, pledge or advance of money, or guarantee of a loan, made to any candidate
committee, issue committee or political committee;
(2) Any payment made to a third party for the benefit of any candidate committee, issue committee or political
committee;
(3) Anything of value given, directly or indirectly, to a candidate committee for the purpose of promoting the
candidate's nomination, retention, recall or election; or
(4) With regard to a contribution for which the contributor receives compensation or consideration of less
than equivalent value to such contribution, including, but not limited to, items of perishable or
nonpermanent value, goods, supplies, services or participation in a campaign-related event, an amount
equal to the value in excess of such compensation or consideration as determined by the candidate
committee, issue committee or political committee.
Contribution shall not include services provided without compensation by individuals volunteering their time on behalf
of a candidate, candidate committee, political committee or issue committee.
(f) Contribution in kind shall mean the fair market value of a gift or loan of any item of real or personal property, other
than money, made to or for any candidate committee, issue committee or political committee for the purpose of
influencing the passage or defeat of any issue or the nomination, retention, election or defeat of any candidate.
Personal services shall be considered a contribution in kind by the person paying compensation therefore, if any. In
determining the value to be placed on contributions in kind, a reasonable estimate of fair market value shall be used.
Contribution in kind shall not include an endorsement of a candidate or an issue by any person or uncompensated
services and shall not include the payment of compensation for legal and accounting services rendered to a candidate,
candidate committee, political committee or issue committee if the person paying for the services is the regular
employer of the individual rendering the services and the services are solely for the purpose of ensuring compliance
with the provisions of this Chapter or other county state of federal requirements.
(g) Electioneering communication means any communication broadcasted by television, internet, social media
platforms or radio, printed in a newspaper or on a billboard, directly mailed, directly emailed or delivered by hand to
personal residences or otherwise distributed that:
(1) Unambiguously refers to any candidate; and
(2) Is broadcasted, printed, mailed, delivered, or distributed 90 days prior to an election; and
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(3) Is broadcasted to, printed in a newspaper distributed to, mailed to, emailed to, delivered by hand to, or
otherwise distributed to an audience that includes members of the electorate for such public office.
Electioneering communication does not include:
(1) Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed
in a newspaper, magazine or other periodical not owned or controlled by a candidate, issue committee
or political party;
(2) Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a
candidate, issue committee or political party; and
(3) Any communication by persons made in the regular course and scope of their business or any
communication made by a membership organization solely to members of such organization and their
families.
(h) Expenditure shall mean the payment, distribution, loan or advance of any money by any candidate committee,
political committee or issue committee. Expenditure shall also include the payment, distribution, loan or advance of any
money by a person for the benefit of a candidate committee, political committee or issue committee that is made with
the prior knowledge and consent of an agent of the committee. An expenditure occurs when the actual payment is
made or when there is a contractual agreement and the amount is determined.
(i) Independent expenditure shall mean the payment of money by any person for the purpose of advocating the election,
defeat or recall of a candidate, which expenditure is not controlled by, or coordinated with, any candidate or any agent
of such candidate.
(j) Issue committee shall mean:
(1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the
purpose of accepting contributions and making expenditures to support or oppose any ballot issue or
ballot question; or
(2) Any partnership, committee, association, corporation, labor organization or other organization or group
of persons that has accepted contributions or made expenditures to support or oppose any ballot issue
or ballot question. For purposes of this Paragraph (2), the term expenditure shall not include expenditures
made by persons in the regular course and scope of their business or in connection with communications
sent solely to their members. The term expenditure also does not include a contribution, as defined in
this Chapter.
Issue committee shall not include political committees or candidate committees as otherwise defined in this Section.
(k) Person shall mean any individual, partnership, committee, association, issue committee, political committee or other
organization or group of persons. Person shall not include corporations, labor unions or political parties.
(l) Political committee shall mean two (2) or more persons who are elected, appointed or chosen, or have associated
themselves, for the purpose of making contributions to candidate committees, issue committees or other political
committees, or for the purpose of making independent expenditures. Political committee shall not include:
(1) Issue committees or candidate committees as otherwise defined in this Section; or
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(2) Any partnership, committee, association, corporation, labor organization or other organization or group
of persons previously established for a primary purpose outside of the scope of this Chapter.
(m) Termination report shall mean a final report prepared by a candidate committee or issue committee and filed with
the Town Clerk that discloses the committee's contributions received, expenditures made and obligations entered into,
when the committee no longer intends to receive contributions or make expenditures and a zero balance exists in any
account established and maintained by the committee, and the committee has no outstanding debts or obligations.
(n) Unexpended campaign contributions shall mean the balance of funds on hand in any candidate committee, issue
committee or political committee following an election, less the amount of all unpaid monetary obligations incurred prior
to the election.
1.14.030 CANDIDATE AFFIDAVIT; FAILURE TO FILE.
a) When any individual becomes a candidate, such individual shall certify, by affidavit filed with the Town Clerk within
ten (10) days, that the candidate is familiar with the provisions of this Chapter.
(b) Failure of any person to file the affidavit required under this Section shall result in the disqualification of such person
as a candidate for the office being sought. Disqualification shall occur only after the Town Clerk has sent a notice to
the person by certified mail, return receipt requested, addressed to the person's last known residence address. The
notice shall state that the person will be disqualified as a candidate if the person fails to file the appropriate document
within five (5) business days of receipt of the notice.
(c) The requirements of this Section shall not apply to any elected official who is the subject of recall proceedings
pursuant to Section 3.5 of the Charter.
1.14.040 REGISTRATION OF COMMITTEES.
All candidate committees, political committees and issue committees shall register with the Town Clerk before
accepting or making any contributions. Such registrations may be amended as necessary. Registration shall include
a statement listing:
(a) The committee's full name, spelling out any acronyms used therein;
(b) A natural person authorized to act as a registered agent;
(c) A street address and telephone number for the principal place of operations; and
(d) All affiliated candidates and committees;
(e) The purpose or nature of interest of the committee.
1.14.050 CAMPAIGN CONTRIBUTIONS.
(a) Limits. No person may make contributions and/or contributions in kind totaling more than two hundred fifty dollars
($250.00) to the candidate committee of any candidate for the office of Town Council. No person shall make a
contribution or contribution in kind in the name of another person or knowingly permit one's name to be used by another
person to affect such a contribution or contribution in kind. These limitations shall apply to all contributions or
contributions in kind, whether made directly to a candidate committee or indirectly via earmarked gifts passed through
an intermediary, except that these limitations shall not apply to:
(1) Contributions or contributions in kind made by a candidate to his or her own candidate committee;
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(2) Independent expenditures; or
(3) Monetary loans that are: (a) personally guaranteed in writing by the candidate or the candidate's
immediate family, or (b) secured by real or personal property owned by the candidate or the candidate's
immediate family.
(b) Joint contributions. No person shall make a contribution jointly with another person unless: (i) the total amount of
the joint contribution is less than the maximum amount that can be contributed by one (1) person under the contribution
limits established in Subsection (a) of this Section or (ii) the check is signed by all owners of the account, in which
event the amount of the total contribution shall be allocated equally among all such persons unless a different allocation
is specified on the face of the check. No Committee shall knowingly accept a contribution made in violation of this
Subsection (b).
(c) Contributions in excess of limits. No later than ten (10) business days after receiving a contribution in excess of the
limits set forth in this Section, the candidate committee that received the contribution shall remit the excess to the
contributor.
(d) Prohibited contributors. No candidate committee or political committee shall knowingly accept contributions from
any person who is not a legal permit resident of the United States, or from a foreign government, corporation, labor
union, or political party.
(e) Contributions from one (1) Committee to another.
(1) No Committee shall make a contribution or contribution in kind to, or accept a contribution or contribution
in kind from, a Committee of another candidate.
(2) No Committee shall accept a contribution or contribution in kind from a Committee that was established
or maintained for a federal, state or county election campaign or office.
(f) Recordkeeping. All contributions received by a candidate committee, issue committee or political committee shall
be deposited and maintained in a financial institution in a separate account whose title shall inc lude the name of the
committee. All records pertaining to such accounts shall be maintained by the committee for ninety (90) days following
any election in which the committee received contributions unless a complaint has been filed under Section 1.14.110
alleging a violation of the provisions of this Chapter, in which case they shall be maintained until final disposition of the
complaint and any consequent court proceedings. Such records shall be subject to inspection at any hearing held
pursuant to this Chapter.
(g) Reimbursements prohibited. No person shall make a contribution to a candidate committee, issue committee or
political committee with the expectation that some or all of the amounts of such contribution will be reimbursed by
another person. No person shall be reimbursed for a contribution made to any candidate committee, issue committee
or political committee, nor shall any person make such reimbursement. An unexpended campaign contribution returned
to a contributor by a candidate committee pursuant to Section 1.14.080(a)(4) shall not be considered a reimbursement.
1.14.060 DISCLOSURE; FILING OF REPORTS.
(a) All candidate committees, political committees and issue committees shall report to the Town Clerk their
contributions and contributions in kind received, including the name, address, occupation and employer of each person
who has made contributions or contributions in kind in the amount equal to or greater than twenty dollars ($20.00) or
more; expenditures made; and obligations entered into by the committee.
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(b) For purposes of complying with the requirements of this Section, an issue committee consisting of an organization
whose primary purpose is not to support or oppose ballot issues shall report only those contributions accepted,
expenditures made and obligations entered into for the purpose of supporting or opposing a ballot issue or ballot
question. Such issue committee shall not be required to report donations, membership dues or any other payments
received unless such amounts are used or to be used for the purpose of supporting or opposing a ballot issue or ballot
question.
(c) Reports shall be filed with the Town Clerk on the twenty-first day, fourteenth day, and on the Friday before the
election, thirty (30) days after the election, and annually on the first day of the month in which the anniversary of the
election occurs until such time as a termination report is filed. If the reporting day falls on a weekend or legal holiday,
the report shall be filed by the close of the next business day.
(d) The reports required by this Section shall include the balance of funds at the beginning of the reporting period, the
total of contributions received, the total of expenditures made during the reporting period and the name and address
of the financial institution used by the committee or party.
(e) All reports shall be submitted on forms provided by the Town Clerk and shall be complete in all respects. Reports
shall be current in all respects as of two (2) days prior to the date upon which each such report is to be filed.
(f) A report required to be filed by this Section is timely if the original report is received by the Town Clerk not later than
the close of business on the due date or if a copy of the report is filed by fax on or before the date due and the original
report is filed not later than the close of business on the next business day. For the purpose of this provision, the
original report shall mean a copy containing an original signature of the person completing the report.
(g) Any report that is deemed by the Town Clerk to be incomplete or inconsistent with the requirements of this Section
shall be accepted on a conditional basis, and the committee treasurer shall be notified in writing as to any deficiencies
found. Such notice may be delivered in person, by mail, or by electronic mail. The committee treasurer shall have
seven (7) business days from the date of delivery of such notice to file an amended report that cures the deficiencies.
Any such amended report shall supersede the original report filed for the reporting period.
(h) Any candidate committee, political committee or issue committee which has not accepted any contributions or
contributions in kind, made any expenditures, or entered into any obligations during a reporting period, shall file a report
with the Town Clerk on the days specified in Subparagraph (c) above certifying that the committee has not accepted
any contributions or contributions in kind, made any expenditures or entered into any obligations during the relevant
reporting period.
1.14.070 REPORTS TO BE PUBLIC RECORD.
(a) Upon receipt of any campaign report submitted pursuant to this Chapter, the Town Clerk shall make available such
report for public inspection. The campaign report filed with the Town Clerk fourteen (14) days prior to the election
pursuant to Section 1.14.060 above shall be posted by the Town Clerk on the town’s official website in a manner that
makes it easily identifiable, which posting shall occur no less than seven (7) days prior to the election. The campaign
report filed with the Town Clerk thirty (30) days after the election pursuant to Section 1.14.060 above shall also be
posted on the town’s official website by the Town Clerk, which publication shall occur no more than seven (7) days
after the Town Clerk's receipt of the report.
(b) No information contained in any campaign report submitted pursuant to this Chapter shall be sold or used by any
person for the purpose of soliciting contributions or for any commercial purpose.
1.14.080 UNEXPENDED CAMPAIGN CONTRIBUTIONS.
(a) Unexpended campaign contributions to a candidate committee may be:
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(1) Contributed to a candidate committee established by the same candidate for a subsequent campaign for
the same office, subject to the limitations set forth in Section 1.14.050(e), if the candidate committee
making such a contribution is affirmatively closed by the candidate no later than ten (10) days after the
date such a contribution is made;
(2) Donated to a charitable organization recognized by the Internal Revenue Service; or
(3) Returned to the contributors.
In no event shall contributions to a candidate committee be used for personal purposes not reasonably related to
supporting the election or retention of the candidate.
(b) A candidate committee for a former officeholder or a person not elected to office shall expend all of the unexpended
campaign contributions retained by such candidate committee, for the purposes specified in Subsection (a) of this
Section, no later than one (1) year from the date such officeholder's term expired or from the date of the election at
which such person was a candidate for office, whichever is later.
(c) Unexpended contributions to an issue committee or political committee may be donated to any charitable
organization recognized by the Internal Revenue Service or returned to the contributor.
1.14.090 INDEPENDENT EXPENDITURES.
Any person or political committee making independent expenditures totaling more than one hundred dollars ($100.00)
shall deliver notice in writing of such independent expenditures to the Town Clerk no later than three (3) business days
after the day that such funds are obligated. Said notice shall include the following information:
(a) The name, address, telephone number, occupation and employer of the person making the independent
expenditures;
(b) The name of the candidate(s) whom the independent expenditures are intended to support or oppose;
(c) The name and address of the vendor(s) providing the property, materials or services;
(d) A detailed description of the independent expenditures;
(e) The amount of the independent expenditures; and
(f) The date the funds were obligated.
For the purposes of this provision, funds shall be considered to have been obligated as soon as an agreement is
reached for the provision of the property, materials or services in question, regardless of when payment is to be made
for such property or services.
1.14.100 ELECTIONEERING COMMUNICATIONS.
Any person or Committee who expends one hundred dollars ($100) or more per calendar year on electioneering
communications shall state in the communication the name of the person or Committee making the communication.
1.14.110 DUTIES OF TOWN CLERK.
The Town Clerk shall:
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(a) Prepare forms and instructions to assist candidates and the public in complying with the reporting requirements of
this Chapter;
(b) Develop a filing and indexing system consistent with the purposes of this Chapter;
(c) Keep a copy of any report or statement required to be filed by this Chapter for a period of one year from the date of
filing. In the case of candidates who were elected, those candidate's reports and filings shall be kept for one (1) year
after the candidate leaves office;
(d) Make reports and statements filed under this Chapter available for public inspection and copying no later than the
end of the next business day after the date of filing;
(e) Upon request by the Secretary of State, transmit records and statements filed under this Chapter to the Secretary
of State;
(f) Notify any person who has failed to fully comply with the provisions of this Chapter; and
(g) Report apparent violations of this Chapter to the Town Manager.
1.14.120 VIOLATIONS AND COMPLAINTS
(a) Any qualified elector may file a written complaint with the Town Clerk regarding a possible violation of this Chapter.
The complaint shall include:
(1) The name, address and signature of the complainant;
(2) The name and address of each person alleged to have committed a violation; and
(3) The details of the violation with citations to the Chapter.
(b) If the Town Clerk receives a written complaint pursuant to Subsection (c), below, alleging a violation of
this Article, the Town Clerk shall:
(1) Provide the person believed to have committed the violation with a copy of the written complaint.
(2) Allow ten (10) business days for correction of the violation or submission of written statements explaining
the reason that support a conclusion that a violation was not committed.
(3) If the Town Clerk receives a written complaint that is not corrected or otherwise remedied as provided in
Section 1.14.110(b)(2) herein, the Town Clerk shall refer the matter to the Town Attorney to review
whether, under the circumstances and in accordance with this Chapter, a complaint in the Municipal Court
should be filed with regard to the alleged violation.
(c) Within ten (10) days of receipt of a complaint referred by the Town Clerk, the Town Attorney shall respond within
ten (10) indicating whether he or she intends to file a civil or criminal action. If the Town Attorney indicates in the
affirmative and files suit within thirty (30) days thereafter, no other action may be brought unless the action brought by
the Town Attorney is dismissed without prejudice.
(d) In the event any person residing within the Town shall bring a civil action for injunction or to otherwise enforce this
Chapter and such person shall prevail in such action, then he or she shall be awarded a reasonable attorney's fee and
costs of the action to be paid by the defendant.
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1.14.130 CRIMINAL PENALTIES.
(a) Any person who knowingly violates any provision of this Chapter is guilty of a misdemeanor and shall be punished
by a fine not exceeding three hundred dollars ($300.00) or imprisonment for a period of not more than ninety (90) days
or both such fine and imprisonment.
(b) Any candidate who knowingly violates any provision of this Chapter shall, in addition to any other penalties provided
for herein, be denied his or her right to take oath for the office to which he or she was elected unless he or she has
already taken said oath, in which event, the office shall be deemed vacant and shall be filled as otherwise provided by
law.
1.14.140 CIVIL PENALTIES.
(a) Any person who violates any of the reporting provisions of this Chapter shall be liable in any civil action initiated by
the Town Attorney or by a person residing within the Town for an amount not more than the amount or value not
properly reported.
(b) Notwithstanding the provisions of Subsection 1.14.130(a), any person who makes or receives a contribution or
expenditure in violation of this Chapter is liable in a civil action initiated by the Town Attorney or by a person residing
within the Town for an amount up to five hundred dollars ($500.00) or three (3) times the amount of the unlawful
contribution or expenditure, whichever is greater.
(c) In determining the amount of liability under Subsections 1.14.130(a) and (b), the Court may take into account the
seriousness of the violation and the culpability of the defendants. If a judgment is entered against a defendant or
defendants in an action under the sections noted above, the plaintiffs, other than the Town, shall receive fifty percent
(50%) of the amount recovered. The remaining fifty percent (50%) shall be deposited in the treasury of the Town. In
an action initiated by the Town Attorney, the entire amount record all be paid into the treasury of the Town.
1.14.150 IMMUNITY FROM PENALTY.
(a) Any individual volunteering his or her time on behalf of a candidate or issue committee shall be immune from any
liability for a penalty imposed if:
(1) The volunteer was acting in good faith and within the scope of such volunteer's functions and duties for
the candidate or issue committee; and
(2) The violation was not caused by willful and intentional misconduct by such volunteer.
1.14.160 SEVERABILITY.
If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision
or application, and to this end the provisions of this Chapter are declared to be severable.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
1. C ALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 5:02 p.m. A roll call was taken, and Council members
present were Amy Phillips, Jennie Fancher, Scott Prince, Tamra Underwood, Chico Thuon, and Jake Wolf.
Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Sergeant Tyler Churches,
Public Works Director Gary Padilla, Mobility Director Eva Wilson, Deputy Town Manager Preston Neill, and
Town Clerk Brenda Torres.
2. APPROVAL OF A GENDA
Start time: 00:28 Part One
Mayor Pro Tem Phillips moved to amend the agenda to add Agenda Item 8, Executive Session pursuant to
Section 24-6-402(4)(e), C.R.S., to determine positions relative to certain matters that may be subject to
negotiations. Eric Heil asked to give an update on the 351 Benchmark Building. Councilor Fancher seconded
the motion and the motion carried on a vote of 6 to 1. Councilor Wolf voted no.
3. DISCLOSURE OF ANY CONFLICTS OF I NTEREST RELATED TO AGENDA ITEMS
No conflicts of interest related to agenda were disclosed.
4. PUBLIC COMMENT
No public comments were made.
5. BUSINESS ITEMS
5.1. PRESENTATION: AVON CONVENTION CENTER (MICHAEL CACIOPPO, AVON RESIDENT)
Start time: 04:40 Part One
Michael Cacioppo, Avon resident, presented an idea for a convention center in Avon. The majority of
Council agreed that the Town should pursue a feasibility study for a convention center in Avon, subject
to Council's ultimate direction during the CIP Budget work session.
5.2. WORK SESSION: CAPITAL PROJECTS LONG-RANGE PLAN DISCUSSION
(FINANCE DIRECTOR SCOTT WRIGHT AND TOWN ENGINEER JUSTIN HILDRETH)
Start time: 37:00 Part One
Town Manager Eric Heil presented the Long-Range Capital Improvements Projects Plan, including
available revenues, CIP Plan policies, proposed projects and options for Council consideration. Council
direction was given on the various projects presented.
5.4. PUBLIC HEARING: FIRST READING ORDINANCE 19-06 ADDING COMMUNITY HOUSING AS A USE BY RIGHT TO THE LIGHT
INDUSTRIAL AND COMMERCIAL EMPLOYMENT (IC) ZONE DISTRICT (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 02:25 Part Two
Council discussed the proposed ordinance. Mayor Smith Hymes opened the public hearing and Lenny
Ammaturo and Ruth Borne commented on the proposed ordinance. Councilor Wolf moved to approve
first reading of Ordinance 19-06, thereby amending Sections 7.08, 7.20.080, and Table 7.20-13 of the
Avon Municipal Code to permit Community Housing as a use by right in the Light Industrial and
Commercial Employment Zone District. Councilor Fancher seconded the motion. A few clarifications
were made. Councilor Wolf accepted the clarification from Councilor Fancher to change ‘Shall’ to ‘May’
in the Additional Water Rights Dedication and the clarification of ‘4 ADU per acre, not less than 4 ADU
per lot’ made by Mayor Smith Hymes. Councilor Fancher seconded that motion.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
Councilor Prince made another clarification for the Water Rights, leaving the additional water rights
dedication to be required in Town Council’s sole discretion. Councilor Wolf accepted it into his motion
and Councilor Fancher, as the seconder of the motion, also accepted this last clarification. The motion
passed unanimously.
5.3. PUBLIC HEARING: SECOND READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION
(TOWN MANAGER ERIC HEIL)
Start time: 21:40 Part Two
Council gave direction on various elements of the ordinance. Councilor Underwood moved to continue
the Public Hearing and Second Reading of Ordinance 19-05 to the October 10, 2019 Council meeting.
Councilor Prince seconded the motion and the motion passed on a vote of 6 to 0. Councilor Fancher was
out of the room.
5.7. APPROVAL OF MINUTES FROM AUGUST 27, 2019 REGULAR COUNCIL MEETING
(DEPUTY TOWN MANAGER PRESTON NEILL)
Start time: 01:15:08 Part Two
Councilor Underwood moved to approve the minutes from the August 27, 2019 Council meeting. Mayor
Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 1. Councilor Wolf voted
no and Councilor Fancher was out of the room.
5.6. APPROVAL OF FEE AGREEMENT WITH KARP NEU HANLON (TOWN MANAGER ERIC HEIL)
Start time: 01:15:28 Part Two
Councilor Underwood moved to approve the Engagement Agreement with Karp New Hanlon for the
limited purpose of providing legal review of the pending East West Partners development application.
Councilor Wolf seconded the motion and the motion passed unanimously.
5.5. FIRST READING ORDINANCE 19-07 ENACTING CAMPAIGN FINANCE REGULATIONS
(DEPUTY TOWN MANAGER PRESTON NEILL)
Start time: 01:17:09 Part Two
Councilor Wolf moved to continue First Reading of Ordinance 19-07 to the September 24, 2019 Council
meeting. Councilor Underwood seconded the motion and the motion passed unanimously.
6. WRITTEN REPORTS
6.4. ELECTRIC VEHICLE CHARGING STATION PLAN (MOBILITY DIRECTOR EVA WILSON)
6.5. 2020 CENSUS UPDATE (DEPUTY TOWN MANAGER PRESTON NEILL)
6.6. ABSTRACT FROM SEPTEMBER 3, 2019 PLANNING AND ZONING COMMISSION MEETING (PLANNING DIRECTOR MATT
PIELSTICKER)
6.7. UPPER EAGLE REGIONAL WATER AUTHORITY AUGUST 22, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
7. MAYOR & COUNCIL C OMMENTS & MEETING UPDATES
Start time: 01:18:06 Part Two
Councilor Thuon asked for staff to explore the viability of allowing ice skating on Nottingham Lake.
Councilor Wolf asked for staff to look at the viability of adding recycling containers for batteries and
light bulbs at the Avon Recycling Center.
Eric Heil gave an update on the status of the 351 Benchmark Building.
Eric Heil gave an update on the Community Picnic scheduled for September 19, 20 19 in Nottingham
Park.
8. A DDED: EXECUTIVE SESSION PURSUANT TO SECTION 24-6-402(4)(E), C.R.S., TO DETERMINE POSITIONS RELATIVE TO
CERTAIN MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS
An Executive Session did not take place.
9. A DJOURNMENT
There being no further business before Council, Mayor Smith Hymes adjourned the Regular meeting. The
time was 9:37 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to
include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting
are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at
www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
Brenda Torres, Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Avon Town Council
From: Robert McKenner, IT Manager
Meeting Date: September 10, 2019
Topic: PROJECT THOR
DIRECTION REQUESTED
Council direction is requested on Avon’s participation in Project THOR.
SUMMARY
Avon is a member of the Northwest Colorado Council of Governments (NWCCOG), an association of
county and municipal governments that believes in the benefits of working together on a regional basis.
NWCCOG serves 26 member jurisdictions in a 5-county region of northwest Colorado. In 2017, NWCCOG
approached Avon offering the opportunity to join Project THOR. Project THOR is a government owned
and managed buyers’ co-op that is focused on providing reliable, affordable, robust internet (Broadband)
service to the communities of northwest Colorado.
What exactly is Project THOR?
The Project THOR network is designed as a cooperative middle mile broadband solution, with redundant
paths to reduce network outages. The network is a combination of fiber and 10G OWS. OWS is Optical
Wave Length service, it can also be referred to as to point to point, and or Microwave. NWCCOG has 400
miles of shared middle mile fiber loop, 178 of which is leased from CDOT. The vital component to the
network build was redundant network paths to reduce the chance of single point of failure. Currently
Project THOR is servicing 9 counties and 12 municipalities. There are 14 additional communities eligible
for participation. Current Project THOR membership includes, but is not limited to:
• Georgetown
• Frisco
• Breckenridge
• Vail
• Eagle
• Glenwood Springs
• Aspen
• Meeker
• Craig
• Steamboat Springs
• Kremmling
• Granby
• Summit County
• Rio Blanco County
• Clear Creek County
Attachment 1 goes into more detail about what Project THOR is and how it is intended to function.
Attachment 2 is a recent article in the Summit Daily about Project THOR and how the broadband
improvements will help rural communities.
How did it come about?
Northwest Colorado is underserved by resilient affordable broadband. Eagle County has limited Internet
Service Providers (ISP). With limited competition, the residents are held hostage on pricing. The reliability
of the current ISP is somewhat shaky with numerous outages across region. The outages can impact the
services provided by the towns, schools, businesses, public safety organizations and other anchor
institutions.
Access to reliable, robust broadband is imperative for enabling smart cites. Currently there is not definitive
research that broadband is key to economic growth, but most indicators show that reliable, robust
broadband is a definitely a factor to economic growth. Although not scientific, several recent polls asking
what amenities people looked for when deciding on a vacation destination show that access to robust
WIFI was high on the list, higher than air conditioning (https://nypost.com/2019/08/12/majority-of-
vacationers-would-rather-have-no-air-conditioning-than-no-internet/).
Approach and implementation considerations
It is important to realize there are several phases in the implementation and full utilization of Project
THOR. The biggest consideration is how the service is going to be distributed to Avon residents and
businesses. If Avon is going to participate in Project THOR, several questions need to be answered.
1. Who is going to design and build the infrastructure to make the broadband available to Avon
residents and businesses (i.e., customers)?
2. Who is going to manage and sell the service?
3. Is the Town going to become an ISP and/or are we going to partner with a private ISP?
a. Note: Either way, the Town would not receive any revenue until the service is sold.
b. Note: At this time, Avon’s IT team is not staffed appropriately to become an ISP.
Several communities that are members of Project THOR have taken a hybrid approach on distributing the
service. For example, Aspen has negotiated with several anchor institutions to provide them with direct
services, while they have also contracted with 3 ISPs to distribute the services to Aspen residents and
businesses.
Avon’s current fiber infrastructure passes by several institutions and businesses that could potentially be
anchor institutions. There would be costs to install fiber to these anchor institutions, but these costs could
be passed on to customers. Potential anchor institutions include:
• Buck Creek Medical Center
• Eagle River Fire Protection District
• Eagle River Water and Sanitation District
• Avon Elementary School
Avon’s existing fiber paths are pictured below (the red path is conduit only):
Financial implications
Depending on buy-in level, here are the estimated costs to join Project THOR:
Currently, NWCC0G has projected Avon’s ‘Meet Me’ Center Access Point as a 10 Gbps x 10 Gbps. Meet
Me Centers are where partners will host a local connection to the network. In addition to the recurring
monthly maintenance cost listed above, the Town would incur a monthly transport cost. The transport
cost is a fee charged for the actual data usage that moves across the network. The transport cost is not
currently set, and the actual cost will fluctuate depending on usage by the whole cooperative. The more
usage by the whole cooperative, the lower the transport cost is per Mbps (see chart below).
If Avon were to join Project THOR, staff recommends that Avon’s Meet Me Center be housed at the Public
Safety Facility (Avon Police Department). The approximate cost to run fiber from the nearest CDOT pull
box to the Public Safety Facility (pictured below) is $84,517.41.
There is the possibility of other costs to join Project THOR that are currently very difficult to capture. For
example, there may be costs for distribution switching and consulting. If Council elects to proceed with
Project THOR, staff recommends budgeting an additional $5,000 to $10,000 for these costs. The Town
may be eligible for a $50,000 grant for the Colorado Department of Local Affairs.
What has Avon done so far?
In November 2017, Council referred a ballot measure to Avon voters regarding SB-152. Residents voted
overwhelmingly to opt out of SB-152, thereby exempting the Town from a state law restricting local
governments from directly offering or entering partnerships to provide next-generation broadband
services in their communities. With this exemption, the town is permitted to establish business
partnerships with private companies to increase access to high-speed broadband internet, opt to provide
this service itself, or develop a combined strategy to benefit residents and business users. Avon is now
able to provide a wide spectrum of services, including:
• Free internet service in municipal buildings and parks
• High-speed internet service throughout the entire community by leveraging government
infrastructure and partnering with private business
• Direct provision of broadband services by municipal government
ATTACHMENTS
Attachment 1 – Project THOR Outline
Attachment 2 – Broadband Article from August 29, 2019 Edition of Summit Daily
ProjectTHOR
WHAT IS PROJECT THOR?
A cooperative open access mile network loop
across 10 Counties in NW Colorado, leveraging
approximately 400 miles of existing public and
private fiber to deliver reliable, resilient,
affordable access between Denver and rural
communities across NW Colorado
Project THOR will be a carrier-grade 100
gigabyte fiber loop (expandable to 200 gigs),
comprised of leased segments of public and
private fiber. It will be resilient and designed to
re-route traffic if an outage occurs.
WHY IS PROJECT THOR IMPORTANT?
Area economies and quality of life are impacted
by inadequate broadband. Towns and
population centers are rural, meaning the
distant and dispersed rural broadband market is
not profitable for most providers and suffers for
a lack of private investment.
Public dollars and local governments have the
power to change that equation through Project
THOR. Local jurisdictions have no leverage
currently to negotiate improved service.
Numerous outages across the region impacted
governments, schools, businesses and public
safety. Communities are seeking competitive
pricing and improved service for rural
customers.
Project THOR resolves issues of a single fiber
cut or single service provider outage cutting off
entire region from access to the internet and
other non-voice essential services.
Project THOR has the potential to reach 20% of
landmass of state or 233,191 people and will
strive to bring front-range bandwidth and pricing
to local partners.
HOW WILL PROJECT THOR FUNCTION?
Partners will host a local connection to the
network through a ‘Meet Me’ Center Access
Point, where they will have access to the
network. Some will provide local broadband
service, others will negotiate with private
Internet Service Providers to provide last mile
services. THOR will allow every community the
ability to choose the local access model that
suits them. The open access nature of the
network also enables connectivity to the
Internet through any bandwidth provider
available in the Denver market.
HOW IS PROJECT THOR FUNDED?
As a startup, Project THOR received $1 million
dollars from State of Colorado Department of
Local Affairs (DOLA). DOLA has also
contributed the equivalent of the first three
years of the CDOT fiber lease constituting an
additional $270,000.
THOR Startup costs are matched by
approximately $1.5 M in local community
dollars, and partners will participate in monthly
recurring costs to keep the network operational.
WHO IS INVOLVED IN PROJECT THOR?
Project THOR is owned by NWCCOG, with
access contracted to local partners made up of
ten municipal and county governments, a
special district and a Rural Electric Co-Op. The
10 Counties have 23% of non-front range
population or 4% of total state population.
The Project THOR network and day to day
operations will be managed by Mammoth
Networks.
ATTACHMENT 1
WHO ARE THE PARTICIPATING MEMBERS
OF PROJECT THOR?
Local Government:
City of Aspen
City of Glenwood Springs
Clear Creek County
Rio Blanco County
Summit County
Town of Breckenridge
Town of Eagle
Town of Vail
Special Districts, Consortiums and Rural
Cooperatives:
Middle Park Health
Northwest Colorado Broadband
Yampa Valley Electric Association
PROJECT MAP
QUESTIONS?
Jon Stavney
Executive Director,
NW CCOG
970 468 0295
jstavney@nwccog.org
Nate Walowitz
Regional Broadband Program Director,
NWCCOG
970 455 1064
nwalowitz@nwccog.org
ATTACHMENT 1
9/4/2019 Opinion | Susan Knopf: Broadband boom | SummitDaily.com
https://www.summitdaily.com/opinion/opinion-susan-knopf-broadband-boom/?mc_cid=065f874244&mc_eid=baa88e22cf 1/2
Opinion | Susan Knopf: Broadband boom
Opinion | August 29, 2019
Susan Knopf
For the Record
If you really want to grow the Summit County economy, or any of our mountain town economies, it’s all about the broadband.
I read Sawyer D’Argonne’s story regarding Frisco’s community plan. (“Frisco adopts 2019 Community Plan with housing, environment
and community character in mind,” published Aug. 23 in the Summit Daily News.) Great idea to improve public infrastructure.
Economically speaking, the best performing infrastructure is broadband. According to the Organization for Economic Cooperation
and Development, broadband creates an ultimate economic growth rate of 4% to more than 5%. That’s more than double the second
quarter growth rate reported by the federal government.
“Funding this is no different than building a highway or a school,” said Nate Walowitz, regional broadband director for the Northwest
Colorado Council of Governments.
“It’s an essential service for life; as much as satellite can provide, it just doesn’t cut it,” Walowitz said.
Amen to that. I live in rural Summit County. Satellite service — or more speci cally the snail-like upload and download internet speed
— is our No. 1 complaint. It’s the No. 1 complaint of visiting family and friends. More importantly, it’s hurting business.
Good news: Thor is coming to the rescue, or almost. Thor — not to be confused with the Norse god of thunder of Marvel comic book
fame — is a cooperative middle mile “backbone” broadband support network.
Walowitz said it will be up in November, just a few months away. According to the Northwest Colorado Council of Governments
website, it’s “a carrier grade 100 gigabyte 178 mile ber” loop.
To get on the loop, we still need smaller companies to step up and hook up businesses and individuals. The loop will connect 10 towns
and counties from Denver, to Georgetown, Frisco, Vail, Eagle, Glenwood Springs, Craig, Steamboat Springs and back to Denver. Other
Summit County towns will be connected by other carriers.
ATTACHMENT 2
9/4/2019 Opinion | Susan Knopf: Broadband boom | SummitDaily.com
https://www.summitdaily.com/opinion/opinion-susan-knopf-broadband-boom/?mc_cid=065f874244&mc_eid=baa88e22cf 2/2
This middle mile backbone enables the towns to work with local service providers to develop “affordable local broadband
improvements.” Walowitz said more than one company already is negotiating with local Summit County governments to provide us
the long awaited service upgrade.
The town of Breckenridge already is partnering with Allo Communications to build its own hard wired local ber optic network to
connect to Thor. Breck’s website says its Fiber 9600 project will take residents from the “communications ice age” and propel
businesses and individuals “light years ahead.” The site touts, “Fiber is far more reliable, easier to maintain, and has signi cant
longevity. A ber network is exible and robust to handle future technology changes.”
Breck assistant town manager Shannon Haynes said Fiber 9600 will take four to ve years to complete. She explains it takes time to
connect underground to end users. She’s hopeful technological advancement could produce a wireless broadband access for end
users and thus speed up access to this vital resource.
If you want to learn more about it check out the Fiber Forum at Breck Town Center, Thursday, Sept. 12 5:30–7 p.m.
Fun fact: This most anticipated improvement in internet and cell service is coming soon from an unexpected source — the Colorado
Department of Transportation. According to Walowitz, autonomous (self-driving) vehicles are rapidly driving efforts to put
broadband along all highway corridors. Autonomous vehicles require broadband support. Cool. I live in a corridor that lacks
suf cient density to attract commercial interest. But it is a frequented trucking route, so I’m feeling optimistic.
Also Walowitz said as soon as Thor is launched, the Northwest Colorado Council of Governments is looking to expand the loop to
other underserved areas. Walowitz gives credit to Summit County Commissioner Karn Stiegelmeier for keeping my neighborhood
high on his radar. That’ll be good news to for my rural neighbors who are dubious about government.
The Council of Governments is an Economic Development District created under the umbrella of the U.S. Economic Development
Administration. It’s one of six in the state and one of 384 across the country. The broadband project is an interesting
intergovernmental partnership. For the record, it’s funded 50% by the Colorado State Department of Local Affairs and 50% by our
local towns and counties. That seems like a good use of my tax dollars, though I have a ranch neighbor who doesn’t have an email
address, so she might not agree.
All we need now is a deceleration lane to make a turn into the neighborhood, and I think we’ll all be happy.
Susan Knopf’s column “For The Record” publishes Fridays in the Summit Daily News. Knopf has worn many hats in her career, including
working as an award-winning journalist and certi ed ski instructor. She moved to Silverthorne in 2013 after vacationing in Summit
County since the 1970s. Contact her at sdnknopf@gmail.com.
ATTACHMENT 2
FISCAL YEAR 2019
FINANCIAL REPORT
September 24, 2019
______________________________________________________________________________________
1. Financial Report Cover Memo
2. Sales and Accommodations Tax Reports – July
3. Accommodations Tax Report – July
4. Real Estate Transfer Tax Report and Monthly Detail – July
5. Recreation Center Admissions – July
6. Recreation Center Program Fees - July
7. General Fund Year-To-Date Expenditures - July
8. Fleet Maintenance Fund Year-To Date Expenditures - July
9. Mobility Fund Year-To Date Expenditures - July
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Nelly Burns, Senior Accountant
Meeting Date: September 24, 2019
Topic: Fiscal Year 2019 Financial Report –July 2019 Revenues
SUMMARY
Revenues
SALES TAX
• Sales tax revenue for the month of July totaled $755,668.37, an 8.51% increase from the previous year and
a 7.36% positive variance over the cumulative monthly budgets, which is based on the average of the
relative monthly percentages of taxes collected over a 5-year period.
• Monthly sales tax collections by industry compared to one year ago have increased $5,314 for
Grocery/Specialty/Health, and 6,943 for Sporting Good Retail/Rental, 13,462 for Accommodations,
$13,294 for Restaurants and Bars, $21,123 for Other Businesses, and $8,074 for Service-Related
businesses. Monthly sales tax collections have decreased ($2,686) for Home/Garden, ($372) for Liquor
Stores and ($10,873) for Miscellaneous Retail.
Year-to-date sales tax revenues through July have increased 3.93% over the previous year, which is $59,294.37 over
the previous year and $192,293.78 over original budget estimates.
0.00
50000.00
100000.00
150000.00
200000.00
250000.00
Sales Tax Comparison by Industry
Jul-18 Jul-19
New and Renewed Business, Contractor & Sales Tax Licenses Issued in July
Business License - Fixed Location 28
Business License - Home Occupation 6
Business License - Peddler / Solicitor 1
Business License - Short Term Accommodation 13
Business License – Special Event 10
Business License - Vendor 59
Contractor License 19
Sales Tax License 35
Vehicle Impoundment - Booting License 1
Grand Total 172
ACCOMMODATIONS TAX
• Accommodations tax revenue for month of July totaled $131,645.50, a 10.2% increase from the previous
year and a 13.56% positive variance from the cumulative monthly budgets, which is based on the average of
the relative monthly percentages of taxes collected over a 5-year period.
• Monthly accommodations tax collections increased $4,432.67 for time shares, $5,353.16 for hotels, and
$2,401.65 for vacation rentals compared to July 2018.
• Year-to-date accommodation tax revenues through July have increased 10.00% over the previous year,
which is $85,505.87 over the previous year and $60,744 over original budget estimates.
-
20,000.00
40,000.00
60,000.00
80,000.00
100,000.00
Time Shares Hotels Vacation Rentals
Accommodation Tax by Type
Jul-18 Jul-19
REAL ESTATE TRANSFER TAX
• Real estate transfer tax collections for the month of July totaled $86,755.74, a decrease of 68.15% from the
previous year and a negative variance of 69.16% over the cumulative monthly budgets, which is based on
average of the relative monthly percentages of taxes collected over a 5-year period.
Real Estate Transfer Tax (RETT) Transactions July
RETT Transactions which paid 2% tax 6
RETT Exemptions for Primary Residence 5
RETT Exemptions for Full Exemption 3
Grand Total 14
RECREATION CENTER ADMISSIONS
• July admission fees totaled $88,528.43 a 22.21% increase from the previous year. This is a 18.60% positive
variance compared to the monthly budget, which is based on average of the relative monthly percentages
of taxes collected over a 5-year period. The recreation center just completed a remodel of the weight room
and admission revenues are already showing an increase due to these upgrades.
RECREATION CENTER PROGRAM FEES
• July program fees totaled $43,607.82 which is a 12.73% decrease from the previous year. This is a 23.02%
negative variance compared to the monthly budget, which is based on average of the relative monthly
percentages of taxes collected over a 5-year period.
$-
$20,000
$40,000
$60,000
$80,000
$100,000
2015 2016 2017 2018 2019
Recreation Center Admissions -July
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
2015 2016 2017 2018 2019
Recreation Center Program Fees -July
Expenditures
• General Fund expenditures through July 2019 total 53.99% of the total budget. These expenditures include
insurance premiums, computer services, events, community grants, equipment replacement, contract
services, janitorial and legal services.
• Fleet expenditures through July 2019 total 60.66% of the total budget. These costs include expenditures of
stock parts, fleet maintenance, debt service interest, and insurance premiums.
• Mobility funds are July 2019 total 40.13% of the total budget. These expenditures include costs of diesel,
fleet maintenance, equipment replacement, capital lease payments, and insurance premiums.
TOWN OF AVON
SALES TAX
2019 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget
January 638,863.27$ 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 817,828.62 819,179.33$ 1,350.71$ -0.80%0.17%
February 673,722.03 788,999.06 774,754.00 798,923.33 785,412.03 829,920.52 809,165.90 (20,754.62) 3.02%-2.50%
March 793,301.96 875,499.53 945,795.71 918,657.55 1,014,399.70 987,540.28 1,130,669.61 143,129.33 11.46%14.49%
April 381,839.56 403,560.42 438,198.18 425,727.85 394,986.15 443,930.08 424,685.32 (19,244.76) 7.52%-4.34%
May 340,332.28 353,840.11 404,872.55 394,689.30 418,628.58 415,276.78 422,685.32 7,408.54 0.97%1.78%
June 538,517.31 570,424.51 693,675.00 650,794.65 757,498.52 697,261.19 725,840.03 28,578.84 -4.18%4.10%
July 570,959.86 601,516.82 690,342.23 682,024.81 696,374.00 703,842.63 755,668.37 51,825.74 8.51%7.36%
August 547,085.80 572,647.57 593,398.26 618,515.44 639,569.12 645,210.78 -
September 546,016.59 595,235.68 667,949.51 690,883.92 680,720.64 690,724.07 -
October 417,921.46 423,701.53 451,303.71 458,645.68 490,977.90 486,978.23 -
November 397,935.36 438,315.55 445,336.04 435,975.05 456,409.92 472,086.18 -
December 1,221,263.98 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,319,545.64 -
Total 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 8,510,145$ 5,087,893.88$ 192,293.78$ 3.98%3.93%
Actual Collections
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
2015 2016 2017 2018 2019
Year
Sales Tax Collections for July
TOWN OF AVON
ACCOMMODATIONS TAX
2019 Actual vs. Budget
Budget YTD Collections Budget % change % change
2014 2015 2016 2017 2018 2019 2019 Variance 2018 to budget
January 129,851.78$ 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 188,298$ 197,879.22$ 9,581.20$ 8.97%5.09%
February 150,317.06 175,056.31 185,370.53 194,804.88 186,147.24 201,220 203,190.38 1,970.70 9.16%0.98%
March 168,597.39 183,650.29 217,387.54 201,008.55 206,783.36 220,566 246,969.61 26,403.89 19.43%11.97%
April 31,626.02 34,825.13 60,916.55 38,340.02 33,275.27 44,902 31,824.90 (13,077.50) -4.36%-29.12%
May 21,961.97 28,002.56 37,357.48 39,961.98 42,618.10 38,340 47,259.21 8,919.19 10.89%23.26%
June 54,232.23 53,397.46 73,591.08 83,723.31 94,803.78 81,181 92,411.81 11,231.29 -2.52%13.83%
July 81,083.01 86,301.22 107,595.18 119,300.76 119,458.02 115,930 131,645.50 15,715.60 10.20%13.56%
August 71,044.33 75,107.71 87,674.05 100,628.23 98,193.15 97,631 -
September 50,840.16 60,417.74 68,139.11 81,837.60 85,257.82 78,189 -
October 34,977.59 38,706.72 45,738.23 48,223.10 53,236.86 49,844 -
November 32,064.02 34,328.47 37,570.50 46,397.08 47,934.88 44,747 -
December 168,944.85 198,421.26 200,114.56 189,505.28 185,008.67 212,570 -
Total 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,373,418.00$ 951,180.63$ 60,744.36$ 10.00%6.82%
0.88 0.88 0.97 1.00 0.97
Actual Collections
$-
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
2015 2016 2017 2018 2019
Accommodations Tax Collections for July
Town of Avon
Real Estate Transfer Tax
2019 Actual vs. Budget
Budget YTD Collections $ Change % of Change % change
2013 2015 2016 2017 2018 2019 2019 2018 2018 to budget
January 22,535.00$ 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 92,927.86$ 72,520.00$ (191,543.20)$ -72.54%-21.96%
February 55,872.69 85,479.08 200,850.86 270,815.26 269,578.51 161,754.65 298,730.16 29,151.65 10.81%84.68%
March 125,927.64 168,744.22 265,061.65 254,737.53 344,556.74 212,416.61 180,819.76 (163,736.98) -47.52%-14.87%
April 144,437.80 125,266.30 159,046.06 249,938.93 122,312.21 146,800.60 312,899.53 190,587.32 155.82%113.15%
May 121,784.12 237,971.08 184,987.10 377,490.82 351,236.93 233,390.60 278,241.63 (72,995.30) -20.78%19.22%
June 90,309.74 294,434.84 307,127.24 703,419.85 343,140.71 318,604.88 237,143.93 (105,996.78) -30.89%-25.57%
July 386,434.78 396,838.68 259,977.94 219,208.74 272,420.41 281,299.66 86,755.74 (185,664.67) -68.15%-69.16%
August 97,579.70 152,380.93 186,483.40 592,467.49 343,249.80 251,477.88
September 157,010.67 291,223.61 321,957.68 423,013.80 311,022.50 275,681.97
October 169,839.80 172,855.22 641,688.59 497,642.58 330,671.24 332,215.54
November 112,491.82 169,328.38 315,109.37 425,402.80 211,818.76 226,184.57
December 83,382.60 225,862.90 588,514.66 227,918.50 196,105.45 242,245.18
Total 1,567,606.36$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 2,775,000$ 1,467,110.75$ (500,197.96)$ -25.43%1.38%
Budget 2,775,000.00
Variance, Favorable (Unfavorable)(1,307,889.25)$
Actual Collections
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
2015 2016 2017 2018 2019
Year
Real Estate Transfer Tax for July
TOWN OF AVON
RECREATION CENTER ADMISSION FEES
2019 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget
January 70,039.90$ 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 79,714.43$ 72,981.40$ (6,733.03)$ -17.61%-8.45%
February 68,578.10 63,838.00 68,506.00 86,342.00 75,952.60 80,287.10 64,868.20 (15,418.90) -14.59%-19.20%
March 72,616.10 77,902.00 81,664.00 76,023.00 79,071.20 85,605.34 78,824.90 (6,780.44) -0.31%-7.92%
April 64,370.00 61,760.00 55,452.00 67,398.00 61,817.56 68,700.13 53,085.20 (15,614.93) -14.13%-22.73%
May 35,063.70 43,119.00 50,067.40 54,337.00 50,252.60 51,467.96 63,563.00 12,095.04 26.49%23.50%
June 46,194.30 55,052.00 58,430.50 58,044.00 62,135.02 61,860.62 68,601.20 6,740.58 10.41%10.90%
July 71,491.30 61,472.00 66,399.80 65,873.60 72,441.40 74,641.93 88,528.43 13,886.50 22.21%18.60%
August 57,328.80 63,233.00 66,388.60 76,558.30 73,573.10 74,510.12
September 43,829.00 36,846.00 44,719.00 49,017.70 49,315.70 49,453.74
October 48,803.00 75,818.00 61,167.00 51,833.00 59,692.77 65,719.61
November 93,822.00 29,570.00 71,384.00 72,114.00 126,981.80 87,063.24
December 69,258.00 77,672.00 112,201.00 169,092.78 186,927.10 135,975.79
Total 741,394.20$ 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 915,000$ 490,452.33$ (11,825.18)$ 0.04%-2.35%
Actual Collections
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
2015 2016 2017 2018 2019
Recreation Center Admissions -July
TOWN OF AVON
RECREATION CENTER PROGRAM FEES
2019 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget
January 19,367.43$ 23,252.13$ 17,133.04$ 28,815.64$ 32,368.50$ 31,321.54$ 26,095.68$ (5,225.86)$ -19.38%-16.68%
February 26,144.75 20,734.70 22,435.59 28,915.58 35,279.57 34,577.95 23,197.74 (11,380.21) -34.25%-32.91%
March 19,727.40 15,184.33 19,132.72 29,016.16 28,669.46 28,937.09 27,280.96 (1,656.13) -4.84%-5.72%
April 29,969.50 18,360.00 18,538.66 26,397.13 45,827.30 36,023.74 31,132.63 (4,891.11) -32.07%-13.58%
May 31,395.87 22,175.69 39,447.85 44,605.22 37,300.42 45,304.03 31,335.76 (13,968.27) -15.99%-30.83%
June 41,698.34 31,443.66 33,369.05 45,885.37 37,231.17 49,111.86 34,568.93 (14,542.93) -7.15%-29.61%
July 48,801.54 29,162.29 44,969.88 46,745.40 49,968.33 56,886.73 43,607.82 (13,278.91) -12.73%-23.34%
August 41,195.29 31,055.94 46,025.52 52,318.40 64,320.46 60,841.05
September 15,886.00 18,209.25 36,240.11 30,853.05 41,463.74 36,945.64
October 19,819.50 20,380.77 22,068.60 26,881.06 26,782.63 30,025.50
November 9,991.00 20,095.40 30,866.78 25,906.72 24,952.65 28,958.46
December 16,653.80 21,918.03 30,294.89 37,309.30 26,328.09 34,317.39
Total 320,650$ 271,972$ 360,523$ 423,649$ 450,492$ 473,251$ 217,219.52$ (64,943.44)$ -18.54%-23.02%
Actual Collections
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
2015 2016 2017 2018 2019
Recreation Center Program Fees -July
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
111 Mayor and Town Council 262,117$ 6,454$ 178,440$ 77,223$ 70.54%
112 Boards and Commissions 16,049 - 7,203 8,846 44.88%
113 Town Attorney 155,000 473 55,044 99,483 35.82%
115 Town Clerk 127,300 10,820 44,686 71,795 43.60%
121 Municipal Court 155,008 6,958 70,742 77,308 50.13%
131 Town Manager 387,995 1,015 143,626 243,354 37.28%
133 Community Relations 203,182 31,322 88,886 82,974 59.16%
Total General Government 1,306,651 57,041 588,627 660,983 49.41%
Human Resources Department:
132 Human Resources 541,184 13,671 257,972 269,541 50.19%
Finance & IT Department:
141 Finance 997,181 52,049 526,557 418,575 58.02%
143 Information Systems 431,091 52,154 245,835 133,102 69.12%
149 Nondepartmental 584,917 60,639 464,600 59,678 89.80%
Total Finance & IT 2,013,189 164,843 1,236,992 611,354 69.63%
Total General Gov't Departments 3,861,024 235,555 2,083,591 1,541,878 60.07%
Community Development:
212 Planning 343,353 24,207 152,042 167,103 51.33%
213 Building Inspection 163,739 2,100 106,582 55,058 66.37%
215 Town Produced Events 218,019 16,044 128,132 73,843 66.13%
216 Signature Event Seed Funding 500,000 13,067 149,419 337,514 32.50%
217 Community Grants 201,000 3,000 142,042 55,958 72.16%
218 Salute to the USA 110,715 43,786 149,861 (82,932) 174.91%
Total Community Development 1,536,826 102,203 828,078 606,545 60.53%
Police Department:
311 Administration 844,539 21,649 494,917 327,974 61.17%
312 Patrol 2,828,206 406,943 1,469,787 951,476 66.36%
313 Investigations 315,990 1,063 172,027 142,900 54.78%
Total Police 3,988,735 429,655 2,136,730 1,422,349 64.34%
Public Works:
412 Engineering 275,025 2,429 138,695 133,902 51.31%
413 Roads and Bridges 2,327,449 154,504 1,306,793 866,152 62.79%
415 Parks 630,423 60,276 229,577 340,569 45.98%
418 Buildings & Facilities 1,252,258 54,462 712,048 485,748 61.21%
Total Public Works 4,485,155 271,671 2,387,113 1,826,372 59.28%
Recreation Department:
514 Administration 244,297 12,556 139,443 92,298 62.22%
515 Adult Programs 62,701 750 29,952 31,999 48.97%
516 Aquatics 660,004 11,959 397,946 250,099 62.11%
518 Fitness 136,807 708 105,294 30,804 77.48%
519 Guest Services 336,180 234 191,632 144,315 57.07%
521 Youth Programs 161,580 4,277 84,340 72,963 54.84%
523 Community Swim Program 91,624 - 47,538 44,086 51.88%
Total Recreation 1,693,193 30,485 996,144 666,564 60.63%
Contingency 45,000 100,000
Operating Transfers 1,870,000 (63,223) 1,870,000
1,870,000
TOTAL OPERATING EXPENDITURES 17,479,933$ 1,069,569$ 8,368,433$ 8,033,708$ 53.99%
Department Expenditure Summaries
General Fund
July 2019 Expenditures to Date
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,801,273$ 48,137$ 1,044,593$ 708,543$ 60.66%
Total Operating Expenditures 1,801,273 48,137 1,044,593 708,543 60.66%
TOTAL EXPENDITURES 1,801,273$ 48,137$ 1,044,593$ 708,543$ 60.66%
Expenditure Summary
Fleet Maintenance Enterprise Fund
July 2019 Expenditures to Date
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 286,200$ 16,359$ 150,512$ 119,328$ 58.31%
432 Transit Operations 2,087,011 2,015 828,487 1,256,509 39.79%
436 Wash Bay 169,093 8,309 92,597 68,186 59.68%
437 Programs 373,720 - 72,047 301,673 19.28%
Total Operating Expenditures 2,916,024 26,684 1,143,643 1,745,697 40.13%
TOTAL EXPENDITURES 2,916,024$ 26,684$ 1,143,643$ 1,745,697$ 40.13%
Expenditure Summary
Mobility Enterprise Fund
July 2019 Expenditures to Date
1 Meeting Abstract
Planning & Zoning Commission
Meeting Abstract
Tuesday, September 17, 2019
I. Call to Order – The meeting was called to order at 5:00pm.
II. Roll Call – All Commissioners were present except for Commissioner Barnes.
III. Conflicts of Interest – Commissioner Hardy and Smith both noted a conflict with Item V.
IV. Additions & Amendments to the Agenda – Nomination of interim chair for Item V– Nusbaum with 6-0 vote.
V. Minor PUD Amendment & Vested Rights Extension – CONTINUED PUBLIC HEARING – 42 Riverfront Lane
File: PUD19002 & VPR19001
Applicant: Points of Colorado, Inc.
Property: Lot 1, Riverfront Subdivision
Summary: PUD Amendment to permit modified building locations and building height. A vested
rights extension is concurrently being sought for future projects beyond March 2021,
extending to March 2024 for ‘phase one’ and March 2025 for ‘phase two’.
Action: Commissioner Nusbaum motioned to approve PUD19002 wuth 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 or mass of development;
2. The application is complete;
3. The application provides sufficient information to allow 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. There is no extra demand for public services or infrastructure exceeding current
capacity by the Application;
6. The PUD Amendment does not substantively change the character of the
development and maintains the intent and integrity of the Riverfront PUD which
consists of common development standards and architectural theme established in
the design guidelines; and
7. The application is in conformance with AMC §7.16.060(e)(4), Review Criteria, and
compared to the underlying zoning, the Minor PUD Amendment is not likely to result
in significant adverse impacts upon the natural environment.
Conditions:
1. The language for item 2C be revised to buildings have a minimum aerial
encroachments of over 12 feet of balconies eaves and roof overhangs shall be
permitted on all buildings.
2. The height will be limited to 105 feet 50 feet from southern boundary 50 feet from
the northern boundary.
Commissioner Howell seconded the motion and it carried unanimously 4-0.
Action: Commissioner Dammeyer motioned to approve VPR19001 with the following findings:
2 Meeting Abstract
1. The application was submitted in a timely fashion at least six (6) months prior to the expiration of the
vested property rights;
2. The application is complete;
3. The application provides sufficient information to allow PZC to determine that the application complies
with the relevant review criteria in AMC §7.16.140(e)(2), Duration of Vested Right;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. There is no extra demand for public services or infrastructure exceeding current capacity by the
Application;
6. Economic cycles of our resort economy coupled with absorptions rates for sales of similar development
projects in our region warrant the extension of vested rights; and 7. AMC §7.16.140(e)(4) allows for separate
vesting periods for a multi-phase development plan.
Commissioner Howell seconded the motion and it carried unanimously 4-0.
VI. Major Development Plan – Wildridge Road East – PUBLIC HEARING
File: MJR19004
Applicant: Bobby Ladd with RAL Architects
Property: Lot 38B, Block 4, Wildridge Subdivision
Summary: Application for a new single-family house.
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. 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;
4. The demand for public services or infrastructure exceeding current capacity is
mitigated by the application; and
5. The design relates the development to the character of the surrounding community.
Conditions:
1. An irrigation plan complying with Avon Municipal Code will be presented before a
building permit will be issued;
2. The successful completion of any Eagle River Water & Sanitation District
requirements shall be verified before a building permit will be issued;
3. The retaining wall and grading plan design is required to be stamped by a licensed
engineer;
4. Drainage easements are required to be presented during subdivision;
5. Dark Sky compliant fixtures will be demonstrated to staff before a building permit
will be issued; and
6. A belly band on the west and north elevations will be approved by staff before a
building permit is issued.
Commissioner Smith seconded the motion and it carried unanimously 6-0.
VII. Major Development Plan – Walking Mountains Lane – PUBLIC HEARING
File: MJR19005
3 Meeting Abstract
Applicant: Brian Sipes
Property: Lot 2A, Buck Creek Subdivision
Summary: Application for three dorm-style structures.
Action: Commissioner Nusbaum motioned to approve the application with the following
findings and conditions:
Findings:
1. The application is complete;
2. The application provides sufficient information to allow the PZC to determine that
the application complies with the relevant review criteria;
3. 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;
4. The application complies with the goals and policies of the Avon Comprehensive
Plan;
6. No extra demand for public services is made by the application; and
7. The design relates the development to the character of the surrounding community.
Conditions:
1. The applicant will demonstrate that any foundation poured will be properly frost
protected during the winter months;
2. Snow storage shall be shown for the parking areas; 3. Verify that no nesting birds
occupy the trees before removing them;
4. A site disturbance line shall be approved by staff prior to issuance of a building
permit;
5. Sewer and Fire review as outlined in the staff report shall be completed before a
building permit will be issued.
Commissioner Golembiewski seconded the motion and it carried unanimously 6-0.
VIII. Minor Development Plan – Nottingham Fit Court Fence and Landscaping – PUBLIC HEARING
File: MNR19026
Applicant: Town of Avon
Property: Tract G, Block 2, Benchmark at Beaver Creek Subdivision
Summary: Application for an enclosure fence around the new fit court in Nottingham Park.
Action: Commissioner Smith motioned to approve the item with the following findings and
conditions:
Findings:
1. The application is complete;
2. The application provides sufficient information to allow the PZC to determine that
the application complies with the relevant review criteria;
3. 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;
4. The application complies with the goals and policies of the Avon Comprehensive
Plan;
5. No extra demand for public services is made by the application; and
6. The design relates the development to the character of the surrounding community.
Condition: A metal gate can be added and approved by staff.
4 Meeting Abstract
Commissioner Howell seconded the motion and it.
IX. Consent Agenda
A – PZC Meeting Minutes – September 3, 2019
B – Record of Decisions:
i. AEC19006, Lot 53A, Block 3, Wildridge Roof Pitch
ii. AEC19005 & MNR19018, Lot 65, Block 1, Wildridge Fence
Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner
Dammeyer seconded the motion and it carried unanimously 6-0.
X. Adjourn – The meeting was adjourned at 7:47 pm.