TC Packet 10-10-2019
AVON TOWN COUNCIL MEETING AGENDA
THURSDAY, OCTOBER 10, 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 BRENDA T ORRES AT 970-748-4001 OR EMAIL BTORRES @AVON.ORG WITH ANY SPECIAL RE QUESTS.
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AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM
AVON LIQUOR LICENSING A UTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA ON PAGE 4)
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. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING 5:00
4. ACTION TO RESUME THE PUBLIC MEETING 5:05
5. APPROVAL OF AGENDA 5:05
6. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
7. 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.] 5:10
8. BUSINESS ITEMS
8.1. RESOLUTION 19-19 SUPPORTING EAGLE COUNTY BALLOT ISSUE 1A–FUNDING TO SUPPORT PUBLIC HEALTH PROGRAMS
AND EDUCATION THROUGH THE TAXATION OF TOBACCO AND NICOTINE PRODUCTS (MAYOR SMITH HYMES)
(5 MINUTES) 5:15
8.2. P RESENTATION: EAGLE COUNTY ANIMAL SERVICES IN THE TOWN OF AVON
(NATHAN LEHNERT , EAGLE COUNTY ANIMAL SERVICES) (20 MINUTES) 5:20
• PRESENTATION – 15 MINUTES
• COUNCIL Q&A – 5 MINUTES
8.3. PUBLIC HEARING: SECOND READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION
(TOWN M ANAGER ERIC HEIL) (30 MINUTES) 5:40
• STAFF PRESENTATION – 10 MINUTES
• DISCUSSION/COUNCIL Q&A – 10 MINUTES
• PUBLIC COMMENT – 10 MINUTES
• COUNCIL ACTION
AVON TOWN COUNCIL MEETING AGENDA
THURSDAY, OCTOBER 10, 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 BRENDA T ORRES AT 970-748-4001 OR EMAIL BTORRES @AVON.ORG WITH ANY SPECIAL RE QUESTS.
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8.4. PUBLIC HEARING: EMERGENCY ORDINANCE 19-10 AMENDING SECTIONS 3.08 AND 3.10 OF THE AVON MUNICIPAL
CODE (TOWN ATTORNEY PAUL WISOR) (15 MINUTES) 6:10
• STAFF PRESENTATION – 5 MINUTES
• DISCUSSION/COUNCIL Q&A – 5 MINUTES
• PUBLIC COMMENT – 5 MINUTES
• COUNCIL ACTION
8.5. PUBLIC HEARING : FIRST READING ORDINANCE 19-08 APPROVING A REZONING OF LOT 16, BLOCK 2, BENCHMARK
A BEAVER CREEK SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) 6:25
• STAFF PRESENTATION – 5 MINUTES
• DISCUSSION/COUNCIL Q&A – 5 MINUTES
• PUBLIC COMMENT – 5 MINUTES
• COUNCIL ACTION
8.6. PUBLIC HEARING : FIRST READING ORDINANCE 19-09 APPROVING A MINOR PUD AMENDMENT AND VESTED RIGHTS
EXTENSION FOR LOT 1, RIVERFRONT SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER ) (25 MINUTES) 6:40
• STAFF PRESENTATION – 5 MINUTES
• APPLICANT PRESENTATION – 10 MINUTES
• DISCUSSION/COUNCIL Q&A – 5 MINUTES
• PUBLIC COMMENT – 5 MINUTES
• COUNCIL ACTION
8.7. WORK SESSION: PROJECT THOR (IT MANAGER ROBERT MCKENNER) (45 MINUTES) 7:05
• STAFF PRESENTATION – 20 MINUTES
• DISCUSSION/COUNCIL Q&A – 20 MINUTES
• PUBLIC COMMENT – 5 MINUTES
• COUNCIL DIRECTION
8.8. PUBLIC HEARING : SECOND READING ORDINANCE 19-07 ENACTING C AMPAIGN FINANCE REGULATIONS (DEPUTY
TOWN M ANAGER P RESTON NEILL) (20 MINUTES) 7:50
• STAFF PRESENTATION – 5 MINUTES
• DISCUSSION/COUNCIL Q&A – 10 MINUTES
• PUBLIC COMMENT – 5 MINUTES
• COUNCIL ACTION
8.9. APPROVAL OF REVISED AGREEMENT FOR LEGAL SERVICES WITH ELIZABETH PIERCE-DURANCE, LLC
(TOWN ATTORNEY PAUL WISOR) (5 MINUTES) 8:10
8.10. APPROVAL OF MINUTES FROM SEPTEMBER 24, 2019 REGULAR COUNCIL MEETING
(TOWN CLERK BRENDA TORRES) (5 MINUTES) 8:15
AVON TOWN COUNCIL MEETING AGENDA
THURSDAY, OCTOBER 10, 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 BRENDA T ORRES AT 970-748-4001 OR EMAIL BTORRES @AVON.ORG WITH ANY SPECIAL RE QUESTS.
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9. WRITTEN REPORTS
9.1. UPDATE ON 2020 COMMUNITY GRANT AWARD RECOMMENDATIONS (DEPUTY TOWN MANAGER PRESTON NEILL)
9.2. ABSTRACT FROM OCTOBER 1, 2019 PLANNING AND ZONING COMMISSION (PLANNING DIRECTOR MATT PIELSTICKER)
9.3. UPPER EAGLE REGIONAL WATER AUTHORITY SEPTEMBER 26, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)
10. MAYOR & COUNCIL C OMMENTS & MEETING UPDATES (10 MINUTES) 8:20
11. EXECUTIVE SESSION FOR A CONFERENCE WITH TH E TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER
C.R.S. §24‐6‐402(2)(B) CONCERNING EXPANDED POLYSTYREN E REGULATIONS (25 MINUTES) 8:30
12. A DJOURN 8:55
_________________________________________________________________________________________________________________________________________________________________________________________________________
*Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members
of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and
to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public
comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment
to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments,
Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05.
FUTURE AGENDAS:
October 22, 2019
- PRESENTATION: EAGLE COUNTY PARAMEDIC SERVICES AND THE GALLAGHER AMENDMENT
- FIRST READING: ORDINANCE 19-11 ADOPTING A NEW CHAPTER 8.40 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING
PROVISIONS REGARDING BAN ON USE OF POLYSTYRENE FOAM
- SWEARING IN OF POLICE OFFICER COLLEEN GASPARD
- PRESENTATION: N ATIONAL NIGHT OUT COMMUNITY AWARDS
- PRESENTATION: CALEA ASSESSME NT
- PUBLIC HEARING: SECOND READING ORDINANCE 19-09 RIVERFRONT SUBDIVISION VESTED RI GHTS AND MINOR PUD
- WORK SESSION: ICE SKATING ON NOTTINGHAM LAKE
October 30, 2019
- COUNCIL BUDGET RETREAT
November 12, 2019
- PUBLIC HEARING: 2020 TOWN OF AVON BUDGET
- PUBLIC HEARING: SECOND READING ORDINANCE 19-11 ADOPTING A NEW CHAPTER 8.40 OF TITLE 8 OF THE AVON MUNICIPAL
CODE E STABLISHING PROVISIONS REGARDING BAN ON USE OF POLYSTYRENE FOAM
- WORK SESSION: MARKETING PLAN AND ACTIVITIES
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
THURSDAY, OCTOBER 10, 2019
MEETING BEGINS AT 5:00 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 BRENDA T ORRES AT 970-748-4001 OR EMAIL BTORRES @AVON.ORG WITH ANY SPECIAL RE QUESTS.
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1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL
THREE (3) MINUTE LIMIT ALLOWE D TO EACH PERSON WIS HING TO SPEAK . SPEAKER MAY REQUEST M ORE TIME AT THE
END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .]
4. REPORT OF CHANGES – MODIFICATION OF PREMISES
4.1. APPLICANT: DILLON COMPANIES LLC D/B/A CITY MARKET #26
LOCATION: 0072 BEAVER CREEK PLACE
APPLICANT: THOMAS SULLIVAN -VICE PRESIDENT
5. APPROVAL OF THE MINUTES FROM AUGUST 27, 2019 MEETING
6. WRITTEN REPORT
6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
7. ADJOURNMENT
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LIQUOR LICENSING AUTHORITY REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Liquor Licensing Authority Secretary
Meeting Date: October 10, 2019
Topic: CHANGE, ALTER OR MODIFY PREMISES FOR CITY MARKET #26
ACTION BEFORE THE LIQUOR LICENSING AUTHORITY
Town Council acting as the Local Liquor Licensing Authority is asked to consider the Report of Changes for
a modification of premises for Dillon Companies LLC d/b/a City Market #26, 0072 Beaver Creek Place.
RECOMMENDED MOTION
I move to approve (or deny stating the reasons for denial) the modification of premises Dillon Companies
LLC d/b/a City Market #26.
BACKGROUND
Thomas Sullivan, Vice President of Dillon Companies LLC, has submitted the “Change, Alter or Modify
Premises” application requesting a “modification of premises” for this establishment. His request is made
in Section 9 of the application form, and is related to the following:
• Increase FMB retail display from 36 linear feet to 66 linear feet
SUMMARY
Regulation 47-302 Changing, Altering, or Modifying Licensed Premises. Basis and Purpose. The
statutory authority for this regulation is located at subsections 44-3-202(1)(b), 44- 3-202(2)(a)(I)(A),
and 44-3-202(2)(a)(I)(D), C.R.S. The purpose of this regulation is to establish procedures for a licensee
seeking to make material or substantial alterations to the licensed premises and provide factors the
licensing authority must consider when evaluating such alterations for approval or rejection.
A. After issuance of a license, the licensee shall make no physical change, alteration or modification of
the licensed premises that materially or substantially alters the licensed premises or the usage of the
licensed premises from the plans and specifications submitted at the time of obtaining the original
license without application to, and the approval of, the local and state licensing authorities.
For purposes of this regulation, physical changes, alterations or modifications of the licensed
premises, or in the usage of the premises requiring prior approval, shall include, but not be limited to,
the following:
1. Any increase or decrease in the total size or capacity of the licensed premises.
2. The sealing off, creation of or relocation of a common entryway, doorway, passage or other
such means of public ingress and/or egress, when such common entryway, doorway or passage
alters or changes the sale or distribution of alcohol beverages within the licensed premises .
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For more references to Regulation 47-302 please follow this link:
https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=8009&fileName=1%20CCR%20203-2
The applicant has submitted the required materials for making this request to the local authority and the
State of Colorado liquor enforcement division. Diagrams of the current premises and of the proposed area
to add to current licensed premises have been included.
There is a state fee associated with modification of premises applications; the applicant has
submitted this fee. Adam Stapen, representative for the applicant, will be present to provide support
for this application as well as answer any questions.
ATTACHMENTS
✓ Permit application and report of changes (State form DR 8442)
✓ Diagrams of current licensed premises and diagram of the proposed changes for the licensed
premises
✓ The lease is part of the application submittal and is on file at the Town Clerk’s office
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, AUGUST 27, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Page 1
1.CALL TO ORDER AND ROLL CALL
Chairwoman Smith Hymes called the meeting to order at 5:01 p.m. A roll call was taken and Board members
present were Amy Phillips, Jennie Fancher, Scott Prince, Tamra Underwood, Chico Thoun and Jake Wolf. Also
present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly and Deputy Town
Manager Preston Neill.
2.APPROVAL OF AGENDA
Board member Underwood moved to approve the agenda, as presented. Vice Chairwoman Phillips seconded
the motion and the motion passed unanimously.
3.PUBLIC COMMENT
No public comments were made.
4.PUBLIC HEARING LICENSE MODIFICATION:
Transfer of Ownership:
Applicant: Sabor Mazatlan, Inc d/b/a Sabor Mazatlan
Location: 150 E Beaver Creek Blvd. #A-101
Type: Hotel & Restaurant
New Owner: Juan Carlos Diaz
Chairwoman Smith Hymes opened the public hearing and no comments were made. The applicant, Juan
Carlos Diaz, answered several questions posed by Board members. Board member Prince moved to
approve the Transfer of Ownership Application for Sabor Mazatlan, INC d/b/a Sabor Mazatlan. Board
member Underwood seconded the motion and the motion passed unanimously.
5.APPROVAL OF THE MINUTES FROM AUGUST 13, 2019 MEETING
Board member Wolf moved to approve the minutes from the August 13, 2019 Liquor Licensing Authority
Meeting. Vice Chairwoman Phillips seconded the motion and the motion passed on a vote of 6 to 0. Board
member Prince abstained from the vote as he was absent during the Liquor Licensing Authority meeting on
August 13, 2019.
6.WRITTEN REPORT
6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
7.ADJOURNMENT
There being no further business to come before the Board, Chairwoman Smith Hymes adjourned the Liquor
Licensing Authority meeting. The time was 5:07 p.m.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, AUGUST 27, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Page 2
RESPECTFULLY SUBMITTED:
____________________________________
Preston Neill, Deputy Town Manager
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Liquor Licensing Authority Secretary
Date: October 10, 2019
Topic: REPORT ON RECENT ADMINISTRATIVE APPROVALS
SUMMARY:
The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor
license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers,
and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no new criminal activity on the
background and there are no liquor code violations during the last year. Renewals and Special Event Permits
require notice to be posted for seven days and require the Town Clerk to accept comments and/or requests
for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to refer
the application to the Avon Town Council. The Town Clerk is required to report administrative approvals,
which is the reason for this written report. Dating back to August 27, 2019, the Town has received one
Liquor Special Event Liquor Permit, five Renewal Applications and three Modifications (one Change of
Manager and two Reports of Change of State Master File) that have met all the requirements for
administrative review and approval and were ultimately approved by the Town Clerk. No comments,
complaints, or request for hearings were received. They are as follows:
Special Event Permit:
Applicant: Can Do MS
Event: Man of the Cliff
Dates: October 12 & 13, 2019 10:00 a.m.-6:00 p.m.
Location: Nottingham Park
Manager of Event: Danita Dempsey -FEST, LLC
Renewals:
Applicant: Krusen INC d/b/a Avon Liquors
Location: 100 W Beaver Creek Blvd
Type: Liquor Store (City)
Manager: Brian Kruse
Applicant: Chair Four LLC d/b/a VIN 48
Location: 48 E Beaver Creek Blvd
Type: Hotel & Restaurant
Manager: Collin Baugh
Applicant: Northside Coffee & Kithchen LLC d/b/a Northside Coffee & Kitchen
Location: 20 Nottingham Road Units A & C
Type: Hotel & Restaurant
Manager: James S. Pavelich
Applicant: R&E Enterprise LLC d/b/a Gondola Pizza
Location: 240 Chapel Place #113
Type: Hotel & Restaurant
Manager: Claudiu Popa
Applicant: Pazzo’s West INC d/b/a Pazzo’s Pizzeria
Location: 82 E Beaver Creek Blvd
Type: Hotel & Restaurant
Manager: Mark Colwell
Modifications:
Change of Manager:
Applicant: Sabor Mazatlan, Inc d/b/a Sabor Mazatlan
Location: 150 E Beaver Creek Boulevard #A-101
Type: Hotel & Restaurant
New Manager: Alberto Contreras Morin
Change of State Master File:
Applicant: Dillon Companies LLC d/b/a King Soopers/City Market
Location: 0072 Beaver Creek Place
Type: Fermented Malt Beverage Off (City)
Applicant: Walmart INC d/b/a Walmart
Location: 171 Yoder Avenue
Type: Fermented Malt Beverage Off (City)
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Deputy Town Manager
Date: October 10, 2019
Agenda Topic: Resolution 19-19 Supporting Eagle County Ballot Issue 1A – Funding to Support Public
Health Programs and Education through the Taxation of Tobacco and Nicotine Products
SUMMARY:
Attached for Council’s review and consideration is a resolution supporting and endorsing Eagle County
Ballot Issue 1A. Back in August, the Eagle County Board of Commissioners decided to follow the lead of
Aspen, Basalt and Avon when they approved a resolution that raised the minimum age for purchasing
cigarettes and other tobacco products to 21 and establishing a licensing program to regulate the sales of
cigarettes, tobacco products and nicotine products. The Commissioners also approved a resolution
referring a ballot question to Eagle County voters, asking for approval to increase taxes on cigarettes and
tobacco and nicotine products. Ballot Issue 1A will appear on the Composite Ballot for Eagle County’s
Coordinated Election on November 5th. That ballot language reads as follows:
Eagle County Ballot Issue 1A
Funding to Support Public Health Programs and Education through the Taxation of Tobacco and
Nicotine Products
SHALL EAGLE COUNTY TAXES BE INCREASED BY UP TO FOUR MILLION FIVE HUNDRED THOUSAND
DOLLARS IN 2020 AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER BY
THE IMPOSITION OF NEW TAXES AS FOLLOWS: BEGINNING JANUARY 1, 2020, THERE SHALL BE A
NEW TAX OF TWENTY CENTS PER CIGARETTE OR FOUR DOLLARS PER PACK OF TWENTY
CIGARETTES SOLD; BEGINNING JANUARY 1, 2020, THERE SHALL BE A NEW SALES TAX OF 40
PERCENT ON THE SALES PRICE OF ALL OTHER TOBACCO AND NICOTINE PRODUCTS;
THE TERMS "CIGARETTE," "TOBACCO PRODUCT" AND "NICOTINE PRODUCT" HAVE THE SAME
MEANINGS AS IN SECTION 18-13-121 OF THE COLORADO REVISED STATUTES;
THE TAX REVENUES SHALL BE USED FOR THE SPECIFIC PURPOSES OF PUBLIC HEALTH PROGRAMS
AND EDUCATION, INCLUDING, WITHOUT LIMITATION:
• REDUCING TEEN VAPING THROUGH EDUCATION ABOUT THE HARMFUL CONTENTS
OF FLAVORED NICOTINE PRODUCTS THAT APPEAL TO CHILDREN;
• LOCAL ENFORCEMENT PREVENTING THE SALE OF VAPING PRODUCTS, E-CIGARETTES
AND TOBACCO PRODUCTS TO UNDERAGE PERSONS; AND
• PROVIDING SERVICES THAT PROTECT AND IMPROVE PUBLIC HEALTH SUCH AS
SUBSTANCE ABUSE AND OTHER SERVICES;
AND THAT EAGLE COUNTY MAY COLLECT, RETAIN, AND EXPEND ALL REVENUES OF SUCH TAXES
AND THE EARNINGS THEREON, NOTWITHSTANDING THE LIMITATION OF ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION OR ANY OTHER LAW?
YES/FOR NO/AGAINST
The Fair Campaign Practices Act allows a local government to adopt a resolution taking a position on a
ballot question. With the Coordinated Election scheduled for November 5th, staff has prepared this
resolution for Council consideration on October 10th so that, if approved, the Town’s support can be
published well in advance of the Election.
In November 2018, Avon voters overwhelmingly approved a tax of $3.00 per pack of cigarettes and a 40%
tax on all other tobacco and nicotine products, and the new taxes took effect on January 1, 2019.
Approval of Eagle County Ballot Issue 1A would not reduce, replace or supersede Avon’s cigarette and
tobacco tax. In Avon, it would generate $1.00 per pack of cigarettes for Eagle County and Avon would
keep the full $3.00 per pack of cigarettes and the full 40% sales tax on other tobacco products.
Staff feels that it is in the interests of the Town, its residents, and Avon tobacco retailers to support a
County tax of $4.00 per pack of cigarettes and a County tax of 40% on all other tobacco products to help
promote equity among tobacco retailers in Eagle County and to enhance comprehensive tobacco
prevention and control efforts to reduce youth and adult tobacco use rates. Over that last few months,
several Avon tobacco retailers have expressed concerns about the current different tax rates on cigarettes
and tobacco products in Eagle County and the negative impact they have experienced on their sales.
Avon’s raised minimum age, the licensing program, and its taxes on cigarettes and all other tobacco and
nicotine products have little impact without County-wide adoption. Therefore, staff recommends Council
support of Eagle County Ballot Issue 1A.
RECOMMENDED MOTION:
“I move to approve Resolution 19-19 Supporting Eagle County Ballot Issue 1A – Funding to Support Public
Health Programs and Education through the Taxation of Tobacco and Nicotine Products.”
ATTACHMENT:
Resolution 19-19
RESOLUTION 19-19
SUPPORTING EAGLE COUNTY BALLOT ISSUE 1A – FUNDING TO SUPPORT
PUBLIC HEALTH PROGRAMS AND EDUCATION THROUGH THE TAXATION OF
TOBACCO AND NICOTINE PRODUCTS
WHEREAS, the Town of Avon, Colorado (the “Town”), is a duly organized and existing home-
rule municipality of the State of Colorado, created and operating pursuant to Article XX of the
Constitution of the State of Colorado and its Home Rule Charter of the Town of Avon, Colorado
(the “Town Charter”); and
WHEREAS, the Town Council hereby finds that tobacco and nicotine addiction is a leading
cause of preventable death, that people should be deterred from starting the use of tobacco and
nicotine products and encouraged to quit the use of tobacco and nicotine products, and that taxes
on the sale of tobacco and nicotine products are effective at preventing and reducing tobacco and
nicotine use; and
WHEREAS, in 2018, the Avon electorate overwhelmingly approved a tax of $3.00 per pack of
cigarettes and a 40% tax on all other tobacco and nicotine products, and the new taxes took effect
on January 1, 2019; and
WHEREAS, the Town Council hereby determines that it is in the interests of the Town, its
residents, and Avon tobacco retailers to support a County tax of $4.00 per pack of cigarettes and
a County tax of 40% on all other tobacco products to help promote equity among tobacco
retailers in Eagle County and to enhance comprehensive tobacco prevention and control efforts
to reduce youth and adult tobacco use rates; and
WHEREAS, pursuant to C.R.S. §1-45-117(1)(b)(III), the Avon Town Council may pass a
resolution supporting a ballot measure and report such passage through established, customary
means; and
NOW, THEREFORE, BE IT RESOLVED that the Avon Town Council fully supports and
endorses Eagle County Ballot Issue 1A.
INTRODUCED, READ, AND ADOPTED by the Town Council of the Town of Avon on the
10th day of October 2019.
By:____________________________ Attest:___________________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
Page 1 of 2
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Greg Daly, Chief of Police
Meeting Date: October 10, 2019
Agenda Topic: PRESENTATION: EAGLE COUNTY ANIMAL SERVICES IN AVON
SUMMARY
Honorable Mayor and Council, Nathan Lehnert will present on a proposed countywide animal services/
animal control ordinance to update the current Eagle County ordinance. The Animal Services vision is to
request all municipalities in Eagle County consider adopting the same ordinance to have a streamlined
process for animal related violations.
BACKGROUND
Several years ago, Eagle County Government downgraded the Animal Services department and the
department saw a reduction in staff and services. Three years ago, the County reversed that stance and
started to expand the staffing and the services offered by Eagle County Animal Services (ECAS). Eagle
County made a proposal to Town of Avon regarding animal services.
The original proposal was to offer both shelter and patrol services. This proposal equated to
approximately $18,000 for shelter only services and a further $40,000 for patrol and emergency response
services to be enacted on a staggered basis. As Avon has a part time community response officer patrolling
Nottingham Park during peak summer periods (Thursday through Sunday) and many of our animal
complaints, usually dog off leash emanate from Nottingham Park, we decided not to engage Animal
Services for the patrol/ emergency response side of their services. Eagle County funds approximately 75%
of the overall cost of shelter services, patrol and emergency response. The Town of Gypsum, Eagle and
Vail do avail of both the shelter and patrol/ emergency response services from ECAS.
What does that mean? Avon Police officers currently respond to dogs off leash, dog bites, aggressive dogs
or in-home quarantine of dogs (routine protocol after a dog bite). Per the current contract, Animal
Services will not respond into Avon to pick up a dog, so Avon officers drive the dog to the Eagle County
Animal Shelter and drop off the dog. If we take custody of a lost dog at night, we will house the dog in a
temporary kennel in the PD sally port, provide food if needed and then transfer the dog down in the
morning. We will try and post the found dog on the PD Facebook and have generally repatriated the dog
back within hours.
Since January 1st, ECAS have taken in 20 animals from the Town of Avon, and in 2018 ECAS took in a total
of 41 animals.
Another area that ECAS nor Avon PD deal with is the capturing of feral cats and neutering. We have had
issues with feral cats in the Aspens Mobile Home Park and the Eagle Valley Humane Society has captured
the cats, neutered the cats and then either released them back into the community or found homes. EVHS
Page 2 of 2
has not received any direct compensation from TOA or the Aspens for their services and has been
performed under their overall mission. ECAS, as part of the shelter contract, will neuter the cats if the cat
is captured and transported to the shelter.
Town of Avon residents and guests pay county taxes through property taxes and sales taxes. The county
portion is 1% of sales taxes, approximately $3,233,333 and .5% goes to Eagle County transit and trails.
TOA gets 15% of that 1% back as a rebate, approximately $485k. Those taxes contribute towards other
countywide services supplied specifically by Eagle County Government to include Department of Human
Services, Department of Public Health and the Eagle County Detentions Facility. Town of Avon is not
solicited for separate contributions to these other pan county services. However, these services are
required services by the State of Colorado. Animal Services is not a State of Colorado mandated service.
In respect to the ordinance, Nathan Lehnert would like to propose a countywide ordnance that will clear
up definitions, define off leash and on leash areas, and assist his enforcement officers and law
enforcement officers with writing citations and summons into court. This ordinance would make the rules
and regulations uniform across the county. Although we do not use Eagle County Animal Services for
enforcement in Avon, it would reduce complications regarding definitions and enforcement approaches.
One significant aspect of the ordinance would be to declare the county as a voice control county except
for designated areas within the Town of Avon that would be leash only, for example Harry A. Nottingham
Park. There is also a debate as to one court to host all animal control related tickets or we process tickets
through our own court. This is still up for debate.
FINANCIAL IMPLICATIONS
Currently, the Town of Avon is contributing $18,000 to Eagle County Animal Services for shelter only
services.
ATTACHMENTS
A Unified Resolution Draft comparison to existing Eagle County Resolution
B Eagle County Unified Resolution Draft
C Proposed required on leash areas in Avon
D Eagle County Animal Services Presentation Page
Commissioner ________________________moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 20182019-________
RESOLUTION REPEALING AND RESTATING
RESOLUTION NO. 2017-0092018-098
CONCERNING THE CONTROL, LICENSING,
IMPOUNDMENT AND DISPOSITION OF ANIMALS
WHEREAS, 30-15-101 et seq., C.R.S., authorizes the Board of County Commissioners,
County of Eagle, State of Colorado, hereinafter referred to as the “Board,” to adopt a resolution
providing for control and licensing of pet animals in the unincorporated areas of Eagle County,
Colorado; and
WHEREAS, the Board has previously adopted such regulations, most recently by
Resolution No. 2017-0092018-0098 adopted March 7, 2017December 18, 2018, entitled
Resolution Repealing and Restating Resolution No. 2010-1262017-009 Concerning the Control,
Licensing, Impoundment and Disposition of Animals; and
WHEREAS, the Board finds that the Eagle County Animal Control Resolution of
20172018 requires certain additions, modifications and clarifications in order to adequately
provide for the control of Pet Animals and Working Dogs and other reasonable or necessary
regulations in order to serve and promote the public peace, health, safety, and welfare of the
citizens of Eagle County; and
WHEREAS, this Resolution is intended to repeal and restate the Eagle County Animal
Control Resolution of 20172018.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO;
THAT, the following Resolution be and is hereby adopted:
1. INTENT. It is the intent of the Board of County Commissioners in adopting this
Resolution that Pet Animal and Working Dog Owners be responsible for their Animals’ conduct,
that they exercise control with respect to their Animals in a manner which recognizes the rights,
health and safety of others in the community, and that they be held strictly liable for conduct of
their Animals which violates the provisions of this Resolution.
2. DEFINITIONS:. As used in this Resolution, the following terms shall have
the following meanings:
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2.1 “ABANDON” means (a) to fail to provide a Pet Animal Necessary careCare for a
period of 24 hours or longer or (b) to deposit, leave, drop off or otherwise dispose of any Pet
Animal on public or private property without providing necessary care. For the purposes of this
Resolution, any Pet Animal is presumed to be Abandoned if, after the posting or personal service
of written notice describing deficiencies of necessary care for a Pet Animal, the deficiencies are
not corrected within 24 hours of such notice by any person other than an animal control officer.
Animal Services Officer.
2.2 “ANIMAL” means non-human mammals, including but not limited to dogs, cats,
birds and reptilescreatures.
2.3 “ANIMAL CONTROL 2.3 “ANIMAL CONTROL MAP” means the
digital map maintained by Eagle County Animal Shelter & Services Department to identify
public locations within Eagle County where Owners of Pet Animals are allowed access with
their Pet Animals and must exercise various levels of control over such Pet Animals. This map
may be amended from time to time and can be viewed online on the Eagle County Government
website.
2.4 “ANIMAL SERVICES OFFICER” means any person empowered by Eagle
County to enforce the provisions of this Resolution pursuant to § 30- 15-105, C.R.S., Eagle
County Sheriff’s Office personnel and other peace officers as defined in § 18-1-901, C.R.S.
2.45 “ANIMAL SHELTER & SERVICES DEPARTMENT” means the Eagle County
Department of Animal Shelter & Services.
2.56 “ANIMAL SHELTER” means all facilities and premises authorized by the Eagle
County Board of County Commissioners to care for Animals impounded or quarantined pursuant
to the provisions of this Resolution. Such facilities and premises shall also be considered public
animal shelters for the purpose of impounding dangerous dogs pursuant to the provisions of §
18-9-204.5, C.R.S.
2.67 “ATTACK” means aggressive behavior by an Animal such as biting, injuringa
Bite, an Injury, or charging or chasing a person or animalAnimal; or non-aggressive behavior
that may result in Bodily Injury, Serious Bodily causes pain or Injury, or the death of including
jumping onto or running into a person or animal.Animal.
2.78 “BITE” means the severe bruising, piercing, laceration, or breaking of the skin, no
matter how minor, by the teeth or jaws of any Animal. (this definition includes Biting and
Bitten).
2.89 “BODILY INJURY” means any physical injury that results in severe bruising,
muscle tears, or skin lacerations requiring professional medical treatment or any physical injury
that requires corrective or cosmetic surgery.
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2.9 “CAT” means any animal of the species Felis Domesticus or any hybrid thereof.
2.10 “COMMON AREA” means properties that are accessible to the public, including
but not limited to properties owned and controlled by an owners’ association or similar
organization; areas of residential properties and buildings that are accessible to the occupants of
those properties; or easements that allow public access through a property.
2.1011 “CONTROL” means supervision of, and influence over, any Pet Animal
sufficient to prevent the violation of any of the provisions of this Resolution. Control shall be by
Physical Control or ImmediateDemonstrable Control, as defined herein.
2.1112 “DANGEROUS ANIMAL” means any Pet Animal or Working Dog that has,
without provocation, inflicted Serious Bodily Injury to a person, or has caused the, or was the
proximate cause of, death of a human being; or, has, while off the premises of its owner or
responsible person, killed a domestic animal without provocation or Animal; or, has, been
previously classified as Potentially Dangerous and is found in violation of the provisions of this
Resolution.
2.12 2.13 “DEMONSTRABLE CONTROL” means control of a Pet Animal by the physical
presence of the Owner so that such Pet Animal is controlled and obedient to a person competent
to restrain the Pet Animal by command, and the Owner demonstrates that control to any person
as requested, and prevents Unwanted Contact with other people or Animals.
2.14 “DOG” means any animal of the Canine species or any animal related to the wolf,
fox, coyote or jackal.
2.13 DOG PARK” means an area posted by any agency of the Federal government, the
State of Colorado, or any political subdivision of the State for dogs to exercise and play off-leash
in a controlled environment under Immediate Control of their Owners.
2.14 2.15 “EMOTIONAL SUPPORT ANIMAL” means any Animal that an Owner
has obtained for the purpose of providing therapeutic benefits to such Owner. The Owner of the
Emotional Support Animal must have obtained an Emotional Support Animal letter from a
licensed professional within the past twelve months stating that the Animal is an essential part of
treatment for that purpose.
2.16 “FERAL CAT” means a freely ranging wild-living domestic cat. A Feral Cat is
differentiated from a Pet Animal by one or more of the following traits: it is under socialized or
completely unsocialized to humans; it has no identification or microchip; or it may have a
cropped ear from having been previously spayed or neutered by a vet.
2.17 “HABITUAL OFFENDER” means any Owner of a Pet Animal or Working Dog
Owner whothat has pled guilty to, or been found guiltyassociated with offenses resulting in
convictions of, violating any single provision of this Resolution threemore than two times within
any eighteen18-month period. It also means any Owner that has been convicted of any single
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provision of this Resolution more than two times within any 18-month period. For the purposes
of this Resolution, after the effective dateEffective Date of this Resolution, any disposition of
charges involving probation or deferred judgment and sentencing shall be considered to be
convictionsa conviction.
2.15 “IMMEDIATE CONTROL” means Control of a Pet Animal by the physical
presence of the Owner or Responsible Person so that it is at heel beside or otherwise controlled
and obedient to a person competent to restrain the animal by command.
2.16
2.18 “IMPOUND” means to place an Animal in Public or Protective Custody in the
interest of the safety of the Animal and/or the safety of the community. (this definition includes
impounded and impoundment).
2.17 2.19 “INJURY” means any physical damage to a person or animal including,
but not limited, to sprains, bruising, scratches, punctures, lacerations, or broken bones.
2.20 “LEASH” means any type of rope, cable, chain or similar tool attached to the
Animal, and held by the Owner. A Leash cannot exceed the length of an average retractable
leash, approximately 15 feet. A Leash must be substantial enough, and be properly secured in a
way, to prevent any loss of Control.
2.21 “LIVESTOCK” means cattle, horses, mules, burros, sheep, poultry, swine, llama,
goats, and any other Animal, when used for working purposes or raised for food or fiber
production.
2.1822 “MISTREATMENT” means every act or omission which causes, or unreasonably
permits the continuation of, unnecessary or unjustifiable pain or suffering of an Animal.
Mistreatment also includes the leaving an Animal within an enclosed space, such as a vehicle
even if the windows are lowered or outdoors for a period longer thirty minutes and where the
animal shows visible signs of hypothermia, hyperthermia or distress.
2.1923 “NECESSARY CARE” for a Pet Animal includes but is not limited to
providing food, water, protection from the weather and removal of waste from the Animal’s
enclosure or yard.
2.2024 “NEGLECT” means failure to provide food, water, protection from the weather,
opportunity for exercise, socialization, or other care consistent with the needs of the species of
the Animal in question.
2.2125 “OWNER” means any person, firm, corporation, or organization owning,
possessing, keeping, having financial or property interest in, or having temporary control or
custody of, any Pet Animal; or any person, firm, corporation or organization owning or having
financial or property interest in a Working Dog.
2.2226 “PET ANIMAL” means dogs, cats, rabbits, guinea pigs, hamsters, mice,
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rats, gerbils, ferrets, birds, fish, reptiles, amphibians, and invertebrates, or any species of wild or
domestic or hybrid animal sold, transferred, or retained for the purpose of being kept as a
household pet, except livestock, and includes any other animal specified in § 35-80-102 (10),
C.R.S., as may be amended from time to time.Livestock or Feral Cats. “Pet Animal” does not
include Feral Cats or an Animal used for working purposes on a farm or ranch or a Working Dog
in the process of being worked.
2.2327 “PET ANIMAL FACILITY” means any facility licensed as such pursuant
to the provisions of Part 1 of Article 80 of Title 35, C.R.S.
2.2428 “PHYSICAL CONTROL” means Control of a Pet Animal by means of a
Tether or a leash attached to the animal, and held by the Owner, or controlLeash or by
confinement in a Secure Animal Enclosure.
2.2529 “POTENTIALLY DANGEROUS ANIMAL” means: (a) any Pet Animal
or Working Dog that without provocation, threatens to attack, or bites causing Attacks or causes
Bodily Injury to a human being,person or another Pet Animal, or; (b) a Pet Animal that causes
bodily injury or the death of the Livestock of another; or an Animal; (c) a Pet Animal that
approaches a person upon the streets, highways, sidewalks, or other areas open to the public,
including Common Areas, in a menacing fashion; or,(d) a Pet Animal that has a known
propensity, tendency, or disposition to attackAttack without provocation, or cause physical
injuryInjury or otherwise threatens the safety of human beingspersons or other Pet Animals; or,
(e) a Pet Animal that is owned or harbored primarily or in part for the purpose of fighting or is
trained for fighting.
2.26 “PREMISES30 “PRIVATE PROPERTY” means property owned, or
leased, or expressly permitted to be used by an Owner by any person, including any confined
area or locality such as a residence, business, room, shop, building, or motor vehicle, including
the open space bed of a truck.
2.2731 “PROTECTIVE CUSTODY” means the taking of an Animal into custody by
Animal Shelter & Services Department to prevent the Mistreatment, Neglect, or Abandonment of
such Animal; or, impoundment of an Animal because of the Owner’s inability to care for the
Animal due to incarceration, incapacitation, or transport to a medical treatment facility.
2.2832 “PROVOCATION” means harassment, teasing, threatening, striking, or
attacking an Animal or its Owner in the Animal’s presence, by either a person or another
Animal. Provocation may also include the intrusion onto the physical property of the Pet
Animal’s or Working Dog’s Owner,Private Property without the Owner’s consent of the Private
Property owner and/or interference with a Working Dog’s performance of its job while it is
actually working. Provocation does not include when a person enters Private Property and has
the right to enter including, but not limited to, delivery personnel, utility workers, or peace
officers while they are working.
2.2933 “PUBLIC CUSTODY” means the impoundment and/or confinement of an
Animal in the Animal Shelter, or in the physical control of an Animal by an Animal Control
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Officer performing duties pursuant to the provisions of the Resolution.
2.3034 “QUARANTINE” means the confinement of an Animal for a specific
period of time during, as determined by the Director of Animal Shelter & Services staff, which
the Animal will be observed in order to detect symptoms of disease. At the discretion of the
Animal Shelter & Services Directorstaff, the Animal may either be quarantined by being (i)
taken into Public Custody; or (ii) kept in a Secure Animal Enclosure and/or within the Physical
Control of the Owner during the entire Quarantine period.
2.3135 “RABIES REGISTRATION” means the vaccination of an Animal with an anti-
rabies vaccine administered under the supervision of a licensed veterinarian, and the retention of
a certificate of rabies vaccination by the animal owner.
2.3236 “SECURE ANIMAL ENCLOSURE” means a structure which is suitable
to prevent the escape of the Animal and prevents the entry of young children, having a top,
bottom, all sides, and is locked. to avoid entry by a child. If the enclosure has no bottom
secured to the sides, the sides must be embedded into the ground to a depth of not less than one
foot.
2.3337 “SERIOUS BODILY INJURY” means such injuryInjury which involves a
substantial risk of permanent physical disability, impairment or, a disfigurement; or, a substantial
risk of protracted loss or impairment of the function of any part of, or organ in the body.
2.3438 “SERVICE ANIMAL” means any dog which has been trained to provide a
specific service or services to a person with a disability. An Emotional Support Animal is not a
Service Animal.
2.39 “TETHER” means to securely tie, chain or leashLeash a Pet Animal to an
inanimate object.
2.3540 “TRESPASS” means: the entry by a Pet Animal or Working Dog upon
any private propertyPrivate Property other than that of the Pet Animal’s Owner, or without
permission; or the entry upon public property which is posted or identified on the Animal
Control Map as not permitting Animals oraccess to such Animals.
2.36
2.41 “UNWANTED CONTACT” means any physical contact, or charging or
pressuring a person or Animal while on any property other than Private Property regardless of
whether that action is friendly or aggressive.
2.42 “WORKING DOG” means a dog whichDog that is actually working livestock,
guarding livestock from predators, locating or retrieving wild game in season for a licensed
hunter, assisting law enforcement officers, assisting in rescue efforts, oris a Service Animal or is
actively being trained for any of these purposes. Any dog not actively working is considered a
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Pet Animal during those time periods.
3. VACCINATION OF PET ANIMALS AND WORKING DOGS REQUIRED.
3.1 Owners of Pet Animals and Working Dogs which are harbored, kept, or
maintained in Eagle County, for which Animals the United States Department of Agriculture has
licensed a rabies vaccine, shall (i) vaccinate, (ii) maintain the efficacy of the vaccination, and
(iii) maintain proof of current, efficacious rabies vaccination for their Pet Animals and Working
Dogs.
3.2 Such Pet Animals and Working Dogs shall be vaccinated when the animal reaches
the age of four months or is licensed (if applicable), whichever occurs first, and the vaccination
shall be repeated as necessary in accordance with recommendations of the United States
Department of Agriculture or vaccine manufacturer to maintain efficacy of the vaccination.
3.3 The rabies vaccine shall not be required for a Pet Animal whose veterinarian, in
accordance with C.R.S. § 25-4-607, C.R.S., has issued a written waiver based on the
veterinarian’s professional opinion that the rabies inoculation is contraindicated due to the Pet
Animal’s medical condition.
4. ANNUAL DOG LICENSING:. All dogsDogs, including Working Dogs, harbored, kept,
or maintained in Eagle County shall be licensed, except dogsDogs kept as part of the operation
of a Pet Animal Facility or Eagle County maintained shelter.
4.1 All dogsDogs over the age of four months shall have a valid Eagle County
dogDog license after the dogDog has been kept, maintained, or harbored in the County for any
consecutive thirty day period or immediately upon impoundment or citation for any violation of
the Resolution.
4.2 All dogDog licenses shall be renewed on or before their expiration date.
4.3 A valid dogDog license tag shall be attached to a collar or harness and shall be
worn by the dogDog at all times. It shall be a defense to prosecution that the owner or
responsible partyOwner can produce a certification by a veterinarian that the dogDog cannot
wear a collar or harness because of a permanent medical condition or the dogDog was, at the
time of notice, working in a capacity that made the wearing of a collar or harness hazardous to
the dogDog. Working Dogs that cannot wear a dogDog license tag shall be microchipped or
tattooed, at the Owner’s expense, and registered with the Animal Shelter & Services Department
of Animal Services.
4.4 A dogDog license shall be comprised of and evidenced by a written license form
and a dogDog license tag.
4.5 The Eagle County Animal Shelter & Services Department and/or any agency or
person designated by the Board of County Commissioners by resolution will issue a dogDog
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license upon the receipt of the executed application, payment of the license fee and evidence of a
current rabies vaccination.
4.6 Per § 24-34-803.5, C.R.S., any person with a disability who has a Service Animal
that requires a Dog license, will be eligible for a free license when they contact the Animal
Shelter & Services Department. Such person must be prepared to answer the following
questions: (a) is the Service Animal required because of a disability?; and (b) what work or task
has the Service Animal been trained to perform? All other Dogs are not eligible for a free
license.
5. FAILURE TO CONTROL A WORKING DOG OR PET ANIMAL. It shall be
unlawful, considered a failure to Control a Pet Animal or Working Dog, when:
5.1 A Pet Animal is off the Owner’s PremisesPrivate Property without the presence of
a person having Physical Control; except in locations identified as defined in this
Resolutionallowing Demonstrable Control on the Animal Control Map;
5.2 A Pet Animal or Working Dog is allowed to cause Bodily Injury toAttacks a
human being,person or another Pet Animal, or is allowed to causecauses damage to the property
of another;. It is an affirmative defense if the Animal is on Private Property and no Injury or
damage is involved in the incident;
5.3 A Pet Animal or Working Dog is tethered upon any public or private property
without the permission of the person owning, leasing, or otherwise controlling the property in
question;
5.4 Any Pet Animal or Working Dog reaches past the perimeter of the Owner’s
Premises with its teeth or claws causing Bodily Injury or property damage to another;
5.5 A Pet Animal is allowed to defecate on public or private property and the Owner
or responsible person, of the animal, does not remove the waste in a timely mannerimmediately
while off Private Property;
5.64 A female cat or dogDog, during estrus, is not under Physical Control, confined
indoors or confined within a Secure Animal Enclosurewhether on or off Private Property;
5.75 A Pet Animal is not under PhysicalDemonstrable Control in areas posted by any
agency of identified on the Federal government, the State of Colorado, or any political
subdivision of the StateAnimal Control Map as requiring the animal to be on a leash; orallowing
Demonstrable Control;
5.86 Any Pet Animal or Working Dog is Mistreated, Neglected or is left in
circumstances which constitute Abandonment.; or
5.97 A Pet Animal or Working Dog is allowed to enter Private Property not that of the
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Owner’s without the property owner’s permission, or allowed to enter public property which is
posted as not permitting such AnimalsTrespass.
6. INTERFERENCE WITH AN OWNER’S CONTROL OF A PET ANIMAL OR
WORKING DOG .
It shall be unlawful for any person to perform any act which interferes with, prevents, or
hinders the efforts of an Owner to Control any of the Owner’s Pet Animals or Working Dogs.
7. INTERFERENCE WITH AN ANIMAL CONTROL OFFICER .
7.1 It shall be unlawful to intentionally interfere with, make false statements to,
provide false documentation to, hinder, prevent, or obstruct an Animal Control Officer in his/her
performance of duty pursuant to this Resolution.
7.2 It shall be unlawful to remove any animal from the Public or Protective Custody
without the consent of an Animal Control Officer.
8. WHEN A PET ANIMAL OR WORKING DOG BITES A PERSON:.
A.8.1 DUTY TO REPORT PET ANIMAL AND WORKING DOG BITES
Any medical professional who provides treatment to a person for any animal biteAnimal
Bite that has pierced the skin shall report to the Eagle County Animal Shelter & Services
Department any information known regarding the animal biteAnimal Bite. The report shall be
made within twenty-four (24) hours after such information is received, and shall include with the
report the name, address, and telephone number of the person making the report.who was Bitten.
The report may be made by telephone to the Animal Shelter & Services Department on voice
mail.
B.8.2 OWNER’S DUTY TO PRODUCE BITING ANIMAL FOR INSPECTION OR
QUARANTINE
i. Upon the request of an Animal Control Officer, an Owner shall make
available for inspection and/or Quarantine any Pet Animal or Working Dog which has
bittenBitten, or is suspected of bitingBiting a person.
ii. If the Quarantine of a Pet Animal or a Working Dog is deemed necessary,
the place and terms of Quarantine shall be determined by the Director of the Animal Shelter &
Services Department or his or her designeestaff pursuant to these regulations.this Resolution.
During Quarantine, the Pet Animal or Working Dog shall, for a period of ten (10) days, be
caused to be 1) isolated and confined to a Secure Enclosure and/or under the Physical Control of
the Owner; or 2) confined at the Animal Shelter in a manner deemed appropriate by the Animal
Shelter & Services DirectorDepartment staff.
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iii. All costs of Quarantine shall be the responsibility of the Owner.
C. IMPOUNDMENT OF AN ANIMAL THAT HAS BITTEN A PERSON
i. In addition to the requirements of Sections 8(B)(ii) and 9 of these
regulations, if the Animal Services Director determines that an Animal has inflicted either Bodily
Injury or Serious Bodily Injury to a person other than its Owner, he/she shall consider whether the
Animal poses an immediate threat to the safety of the community, and if so, the Animal may be
impounded. The following factors shall be considered in determining whether impoundment is
appropriate in order to ensure the safety of the community.
a. The nature of the behavior giving rise to the Animal Services Director’s
determination that the Animal caused Bodily or Serious Bodily Injury;
b. The extent of the Injury(ies);
c. Circumstances surrounding the complaint, including but not limited to: the
time of day that the injuries occurred; whether the dog was on/off the Owner’s
private property; whether there are any indications that the dog was provoked;
d. Circumstances surrounding the result and complaint including but not
limited to: identification of the Animal; and credibility of complainants and
witnesses;
e. The size of the lot where the animal resides and the number and proximity
of neighbors;
f. The existing control factors, including but not limited to, the number of
animals at the owner’s residence, existence of fencing, caging, runs, and staking
locations; and
g. The Animal’s behavior post-incident as observed by Animal Control
Officers and/or the Animal Services Director;
h. Whether there have been previous incidents or complaints involving the
Animal;
i. Mitigating circumstances, including but not limited to an Owner’s
willingness and ability to take adequate measures to prevent future incidents.
ii. Upon impoundment of a Pet Animal or Working Dog that has inflicted
Bodily Injury or Serious Bodily Injury to a person other than its Owner, the Owner of the
impounded dog may, within five (5) days of the impoundment, request an immediate custody
hearing to determine whether the Animal should remain in Public Custody or whether the dog may
safely be released back to the Owner. The hearing officer shall be the County Manager or his/her
designee. The custody hearing must be held within ten (10) working days of the request for
hearing. At the custody hearing, the County Manager shall consider whether there was an
adequate factual basis for the Animal Services Director’s decision that the dog must remain in
Public Custody, and may affirm or overturn the Animal Service Director’s determination, or
alternatively, may recommend the release of the Animal with conditions to prevent additional
incidents or complaints. The right to an administrative hearing shall be deemed waived if not
timely requested as set forth in this Section.
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9. DESIGNATION OF DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS.
9.1 In addition to determining whether immediate quarantine or impoundment of an
Animal who has inflicted Bodily or Serious Bodily Injury to a person is appropriate, the Animal
Services Director or his/her designeeThe Animal Shelter & Services Department staff shall have
the authority to determine, based on a preponderance of the evidence, that a Pet Animal or
Working Dog is Potentially Dangerous or Dangerous as defined in these regulationsthis
Resolution.
9.2 Written notice of a Pet Animal or Working Dog’s classification under 9.1 shall be
served on the Owner or the Responsible Person of the animal at that Owner’s or Responsible
Person’s last known address.as required by Section 9.3. The notice shall describe the
animal,Animal and state the grounds for its classification, and that is applicable to such Pet
Animal or Working Dog by reason of its classification. The notice shall also state that, if a
written request for an administrative hearing is filed with the Animal Shelter & Services
DirectorDepartment staff within fourteen (14) days after receipt of the notice, an administrative
hearing will be conducted to review the classification of the Pet Animal or Working Dog. The
right to an administrative hearing shall be deemed waived if not timely requested as set forth in
this Resolution.
9.3 The notice referred to in 9.2 of this subsectionSubsection shall be given either by
personal delivery to the Owner or Responsible Person or by registered or certified mail, return
receipt requested, addressed to the Owner or Responsible Person at the person’sOwner’s last
known address. Notice by personal delivery shall be complete upon delivery and the receipt or
upon return of the notice as undeliverable, refused, or unclaimed.
9.4 All administrative hearings held under this sectionSection shall be heard by the
Board of County Commissioners or its designate, hereinafter referred to as the “Hearing
Officer.” The burden of proof shall be on the Owner or Responsible Person to show cause as to
why the Animal’s behavior does not support the designation as Dangerous or Potentially
Dangerous or Dangerous. The hearing shall be informal and technical rules of evidence shall not
apply. The classification shall be determined based upon the preponderance of the evidence.
The Hearing Officer shall not be required to file a full opinion or make formal findings of fact or
conclusion of law, but. However, the Hearing Officer must state the reasons for the
determination, and indicate the evidence relied upon. Such determination shall be made no later
than 72 regular business hours after the close of the hearing. The proceedings at the hearing shall
be recorded and retained for a reasonable period of time. ten years. After ten years, the records
will be destroyed unless otherwise required to retain such records.
9.5 Should the Hearing Officer determine that the Pet Animal or Working Dog was
properly designated by the Animal Shelter & Services DirectorDepartment staff, the Owner or
Responsible Person who requested the hearing shall be responsible for paying for the cost and
expense of the hearing. Should the Hearing Officer determine that the Pet Animal or Working
Dog is neither Dangerous nor Potentially Dangerous nor Dangerous, no costs shall be charged to
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the Owner for impoundmentImpoundment of the Pet Animal or Working Dog during pendency
of the hearing.
9.6 When an Animal has been classified as Dangerous, the Hearing Officer shall first
determine if that classification is proper. If the Hearing Officer determines that the Animal was
improperly classified as Dangerous, the Hearing Officer shall then determine if the Animal is
Potentially Dangerous. Should the Hearing Officer determine that the Pet Animal or Working
Dog is Potentially Dangerous, the Owner or Responsible Person shall comply with the
requirements of this Section applicable to Potentially Dangerous Animals.
10. IMPOUNDMENT OF DANGEROUS ANIMALS PENDING HEARING
Notwithstanding the provisions of Section 8, during.
During the pendency of any hearing and any appeal therefrom on the classification of a
Pet Animal or Working Dog as Dangerous, the Pet Animal or Working Dog shall be
impoundedImpounded at the County Animal Shelter at the Owner’s or Responsible Person’s
expense. In the event that the Animal is determined neither Potentially Dangerous nor
Dangerous, no costs shall be charged to the Owner for Impoundment.
11. RESTRICTIONS ON A POTENTIALLY DANGEROUS ANIMAL.
11.1 While on the Owner’s or Responsible Person’s property, a Potentially Dangerous
Animal must immediately be securely confined indoors or in a securely enclosed and locked pen
or structure suitable for preventing the entry of young children and designed to prevent the
Potentially Dangerous Animal from escaping by climbing, burrowing, or otherwise. The
Potentially Dangerous Animal must be securely confined indoors at all times until such
enclosure has secure sides and a secure top. If the enclosure has no bottom secured to the sides,
the sides must be embedded into the ground to a depth of not less than one (1) foot.CONTROL
Whether on or off Private Property, a Potentially Dangerous Animal must be on a leash no
longer than four feet or in a Secure Animal Enclosure. The enclosure must also provide
adequate protection from the elements and be kept in a clean and sanitary condition. When off
Private Property the Potentially Dangerous Animal shall wear an approved muzzle as determined
by Animal Shelter & Services Department staff.
11.2 A Potentially Dangerous Animal may be off the Owner’s or Responsible Person’s
premises only if it is restrained by a substantial leash not exceeding four (4) feet in length. The
leash and Potentially Dangerous Animal shall be under the actual physical control of a person
suitable for controlling the Potentially Dangerous Animal at all times. Such Potentially
Dangerous Animal shall not be leashed to inanimate objects such as trees, posts, buildings, etc.
11.3 Notification of change in status -
11.2 Any Animal designated as Potentially Dangerous pursuant to any previous Eagle
County Animal Control Resolution shall maintain such designation and shall comply with this
resolution as amended from time to time.
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11.3 NOTIFICATION OF CHANGE IN STATUS
The Owner or Responsible Person shall immediately notify the Eagle County Animal Shelter &
Services Department if a Potentially Dangerous Animal is loose, unconfined, has
attackedAttacked another animal, or a human beingperson, or has died, been sold, been given
away, or is otherwise no longer in the possession of the Owner or Responsible Person.. If the
Potentially Dangerous Animal has been sold or given away, the Owner or Responsible Person
shall provide the Animal Shelter & Services Department with the new Owner or Responsible
Persons Owner’s name, address and telephone number. If the new Owner or Responsible Person
maintains the Potentially Dangerous Animal within Eagle County, the new Owner or
Responsible Person shall comply with the requirements previously applied to such Animal and
the requirements of this chapterResolution.
11.4 Signs; Display Required - SIGNS; DISPLAY REQUIRED
The Owner or Responsible Person shall display a sign or signs in such form as required by Eagle
County on theirits premises warning that there is a Potentially Dangerous Animal on the
premises.Private Property. Such a sign or signs shall be visible and capable of being read from
any public right-of-way or Common Areas abutting the premises.Private Property. Such a sign
shall also be posted on the enclosure for the Potentially Dangerous Animal.
11.5 Cost; Additional Signs - The Eagle County shall provide one (1) sign required by
this sectionSection at no cost to the Owner or Responsible Person.. Additional or duplicate signs
shall be purchased from theEagle County for an amount equal to the CountyEagle County’s cost
for providing the signs.
11.6 Special license and identification tag - 5 SPECIAL LICENSE AND
IDENTIFICATION TAG
The Owner or Person Responsible forof any Potentially Dangerous Animal shall obtain an
annual special license and identification tag for such Animal, which license shall expire on
December 31 of the year for which the license is issued. An application for a special license and
identification tag shall be made to the Eagle County Animal Shelter & Services Department
which shall include the information required by Section 4 of this Resolution. All Potentially
Dangerous Animals shall also be issued a special license identification tag which shall be worn
by the Potentially Dangerous Animal at all times.
11.7 Spay or Neuter requirement for Potentially Dangerous Animals - 6 SPAY OR
NEUTER REQUIREMENT FOR POTENTIALLY DANGEROUS ANIMALS
Within Fourteen (14) calendar days after its classification as a Potentially Dangerous Animal, the
Owner or Responsible Person shall have the Animal spayed or neutered and present proof of that
fact to the Eagle County Animal Shelter & Services Department.
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11.87 The Owner or Responsible Person of any animalAnimal that has been designated
as Potentially Dangerous in accordance with the terms of this Resolution must comply with
sectionsSections 11.1, 11.2 and 11.32 concerning Potentially Dangerous Animals pending the
outcome of any hearing challenging such designation.
11.9 Failure to Comply with Potentially Dangerous Animal Restrictions – Any
animal11.8 FAILURE TO COMPLY WITH POTENTIALLY DANGEROUS ANIMAL
RESTRICTIONS
Any Animal that has been previously classified as Potentially Dangerous and is found in
violation of the restrictions concerning Potentially Dangerous Animals may be classified as a
“Dangerous Animal” in accordance with the terms of this Resolution.
12. TEMPORARY DESIGNATION OF POTENTIALLY DANGEROUS.
An Animal Services Officer may provide the Owner of a Pet Animal the opportunity to
voluntarily abide by Sections 4.3, 11.1, 11.2, and 11.7 over a period of three to six months, as
determined by the Animal Services Officer, after a documented incident of Potentially
Dangerous behavior. If, during the time of the temporary designation, the Animal is in violation
of the above described Sections, the Animal may be permanently designated as Potentially
Dangerous for the initial incident by following the Section 9 processes. If no violations are
documented or reported during temporary period the animal shall be released of the designation
with the Owner’s agreement that the animal will not be allowed to show Potentially Dangerous
behavior in the future.
13. DESTRUCTION OF DANGEROUS ANIMAL .
1213.1 It shall be unlawful to own a Dangerous Animal.
1213.2 Any Pet Animal or Working Dog that is classified as Dangerous shall be
humanely euthanized after being quarantined for the period provided by law.
1314. FAILURE TO COMPLY WITH CERTAIN TERMS OF A SALES OR ADOPTION
CONTRACT.
1314.1 It shall be unlawful to fail to comply with any of the terms of an adoption or
fostering contract when the animal is obtained from the Eagle County Animal Shelter pursuant to
such contract.
1415. IMPOUNDMENT OF STRAY, ABANDONED ANIMALS OR THOSE OTHERWISE
IN VIOLATION OF PROVISIONS OF THIS RESOLUTION.
1415.1 An Animal Control Officer may impound any Animal that is not under
Control as required by this Resolution, or when it and/or its Owner are in violation of any of the
provisions of this Resolution.
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1415.2 An Animal Control Officer may impoundImpound any Pet Animal
displaying Potentially Dangerous or Dangerous Animal that is not under Control as provided in
these regulationsthis Resolution. An Animal Control Officer may perform such impoundment
prior to notifying the Owner, if such Owner is not immediately present to exercise Control of
such animal.
1415.3 As soon as practical after the impoundmentImpoundment of any Animal,
an Animal Control Officer shall make a reasonable effort to notify the Owner of the
animal’sAnimal’s location by telephone, posting of a notice at the Owner’s residence, or by
written notice mailed to the Owner’s last known address, if the identity of the Owner is known.
If needed to establish the identity of the Owner, information contained on any identification,
rabies, or license tag found attached to the animalAnimal shall be used.
1516. OWNER’S DUTY TO REDEEM ANIMAL AND PAY FEES .
1516.1 The Owner of any impoundedImpounded Animal shall be held responsible
for all the costs of impoundmentImpoundment, including medical treatment and boarding, and
such costs shall be fully paid prior to the release of the animal. In addition, prior to the release,
the Owner shall pay for rabies inoculation or provide proof of efficacious rabies vaccination.
15.2 Prior to release of any impounded dog the Owner shall pay for an Eagle County
dog license or provide proof of current licensure in Eagle County or the place the Animal
regularly is kept.
15.3
16.2 It shall be unlawful for any Owner to fail to make arrangements for the
redemption or surrender of any Animal impounded pursuant to the provisions of this Resolution,
or to fail to pay any fees associated with the redemption or surrender of such animalAnimal.
1617. DISPOSITION OF IMPOUNDED ANIMALS.
1617.1 Except for impoundment as provided by Section 8(C) herein, anyAny Pet
Animal impoundedor Working Dog, except Feral Cats, Impounded pursuant to the other
provisions of this Resolution, shall become the property of the Eagle County Animal
ControlShelter & Services Department after 5five days of impoundment, after which the Animal
Services Department it may humanely euthanize the animalAnimal. For purposes of this
sectionSection, a “day” means a 24-hour period beginning at the time of the day at, and on the
date on, which the animalAnimal was taken into Public Custody.
16.2 Eagle County Department of 17.3 Animal Shelter & Services Department may
humanely euthanize any Animal at any time prior to the expiration of the 5-day impoundment
period if the animalAnimal is seriously injured or ill, or if the Animal poses a risk to the health of
any person.
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16.317.4 After the required time period, in lieu of having an Animal destroyed, the
Eagle County Animal Shelter & Services Department may release an Animal which is not
diseased to a bona fide animal welfare organization or to a person having no previous interest in
the animal. Upon release of the animalAnimal, the recipient shall pay a fee as established by the
County, including but not limited to fees for adoption, rabies inoculations, dog license, and
sterilization costs.
16.417.5 All Animals adopted from the Eagle County Animal Shelter & Services
Department are required to be sterilized at the time of adoption unless such surgery would be
dangerous to the animal due to its age or physical condition, as determined by the selected
Veterinarianveterinarian of record. Transfer of Ownershipownership shall not occur until
sterilization has been performed although possession may be given to the adopting person upon
his or her written promise to have the sterilization performed by a specified date.
1718. THREATENING OF LIVESTOCK OR WILDLIFE.
1718.1 It shall be unlawful to fail to controlControl any Pet Animal so as to
prevent such animalAnimal from running after, chasing, pursuing, bitingBiting, attacking, or in
any other way threatening livestockLivestock or wildlife.
1718.2 Any Pet Animal threatening livestockLivestock or wildlife may be
immediately destroyed at the discretion of any Animal Control Officer. If not destroyed, the
animalAnimal may be immediately impoundedImpounded and/or designated Dangerous or
Potentially Dangerous in accordance with these regulationsthis Resolution.
1718.3 A violation of this sectionSection may also require a mandatory court
appearance by the Owner. Upon conviction, if the Animal was not destroyed at the time of the
incident, the court may order it destroyed under the supervision of the Animal Shelter & Services
Department; if. If the court does not order the animal destroyed, the court may deem the animal
a Potentially Dangerous Animal, and possession shall be returned to the Owner subject to the
regulations applicable to Potentially Dangerous Animals under this Resolution and other state
law. Upon a second conviction of a violation of this sectionSection with respect to a specific
Animal, the court shall order the animal to be Dangerous and the animal destroyed under the
supervision of the Animal Shelter & Services Department.
1718.4 Upon conviction of any violation of this sectionSection, the Owner shall
be required by the court to pay restitution for any livestockLivestock or wildlife injured or killed
by the Owner’s Animal.
1819. NUISANCE, ANIMAL NOISE AND FECES.
1819.1 It is unlawful for any Owner to fail to prevent his Pet Animal from
disturbing the peace of any other person by habitual or persistent barking, howling, yelping, or
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whining, or any other unprovoked noisebarking, whether the animalAnimal is on or off the
Owner’s propertyPrivate Property.
1819.2 It is unlawful for any Owner to permit the accumulation of a Pet Animal’s
feces on the property on which the animalAnimal is kept such that it is detectable visually or
odorously by neighbors.
1819.3 It is unlawful for any Owner to fail to confine Pet Animal feces, and any
part thereof, within the perimeters of the property on which the animalAnimal is kept, regardless
whether such failure to confine is the result of natural causes, such as surface water flow, or
other causes.
1819.4 No person shall be charged with a violation of this sectionSection unless a
written warning for a separate violation has been given at least seventy-two (72) hours prior to
the issuance of the citation. The name, and addresscorroborating evidence is also be provided
along with a citizen incident report. Corroborating evidence can be digital documentation of the
complainant shall appear onviolation or a secondary witness of the written warning.violation.
1920. HABITUAL OFFENDER:. It shall be unlawful for any person to become a Habitual
Offender as defined in this Resolution. Any person may be charged as a Habitual Offender in
addition to any other charges brought pursuant to the provisions of this Resolution. Upon the
conviction of an Owner as ana Habitual Offender, the Owner’s offending Animal(s) may be
ordered removed from Eagle County or surrendered to the Animal Shelter & Services
Department, along with any other penalties imposed by the Court. The court shall consider a
maximum allowable fine for the Habitual Offender charge if the Owner is found guilty.
2021. ENFORCEMENT. Animal Control Officers have the authority to issue a Summons and
Complaint or penalty assessment to any alleged violator of this Resolution. The fine or other
penalty shall be as provided in the Eagle County Animal Control Resolution or as otherwise
provided by law. In addition to Animal Shelter & Services Department and Animal Services
Officer enforcement, the provisions of this Resolution shall be enforced by the County Sheriff
and peace officer of jurisdiction.
2122. PENALTIES:. The fines, in the amounts prescribed in the attached Exhibit A, shall
apply to any such violation of these regulationsthis Resolution, and shall be applied either
through the penalty assessment procedure of § 16-2-201, C.R.S., or by the court after conviction,
in which case the court shall also assess the appropriate court costs.
2223. POWER OF THE COURT:. In addition to any penalties which may be provided for in
this Resolution, the court shall have the authority, upon making a finding that an animal
constitutes a nuisance or that an Animal constitutes a real or present danger to the citizens of the
County, to order that the Animal be destroyed in a humane fashion.
2324. LIABILITY FOR ACCIDENT OR SUBSEQUENT DISEASE FROM
IMPOUNDMENT:. The Board of County Commissioners, its employees, agents and persons
authorized herein to enforce the provisions of this Resolution, shall not be held responsible for
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any accident or subsequent disease which may be suffered by an Animal as a result of the
administration or implementation of this Resolution.
2425. NOTICE:. An Owner shall be deemed to have been issued and received an appropriate
notice or warning as herein referred if the warning is personally served upon the Owner, posted
on the Owner’s PremisesPrivate Property, or placed in the U.S. Mail, postage prepaid and
addressed to the Owner according toat the last known address given byof the Owner to obtain a
dog license or cat identification tag, or to such other address as may be on file for the Owner
with any government agency.
25. ENFORCEMENT: The provisions of this Resolution shall be enforced by the County
Sheriff and peace officer of jurisdiction.
26. HOT PURSUIT:. An Animal ControlServices Officer in hot pursuit of an animal that is
suspected of inflicting Bodily or Serious Bodily Injury to a human being or other animal may
enter onto private property for the purposes of enforcing this Resolution, including for the
purpose of effecting an Impoundment and/or Quarantine and, removing the animal from the
property, ascertaining the identity of the animal, it’s owner, and/or the currency or existence of
dog tags, or issuing a citation. This sectionSection, however, does not grant any Animal Control
Officer authority to enter into any dwelling.
27. ANIMAL CONTROLSERVICES OFFICERS.
27.1 There is hereby created the position of Eagle County Animal ControlServices
Officer who shall be employed by the County and appointed as such by the Board of County
Commissioners, acting directly or through the County’s chief administrative officer, at such
compensation and such qualifications as from time to time shall be fixed by order of the Board.
27.2 Pursuant to § 30-15-105, C.R.S., personnel engaged in animal control, however
titled or administratively assigned, may issue citations or enforce this Resolution. Personnel so
engaged shall be included in the definition of “Peace Officer or Fireman” in § 18-3-201 (2),
C.R.S. Nothing herein is intended to vest authority in any person so engaged to enforce any
resolution or statute other than this Resolution.
28. DISPOSITION OF FINES AND FORFEITURES:. All fines and forfeitures for
violation of any provisions of this Resolution and all moneys collected by the County for
licenses shall be paid over to the County Treasurer immediately upon their receipt.
29. CAPTIONS:. The captions and paragraphsection headings used throughout this
Resolution are for the convenience of reference only, and the words contained herein shall in no
way be held or deemed to define, limit, describe, explain, modify, amplify or add to the
interpretation, construction or meaning of any provision to or the scope of this Resolution.
30. TERMS:. For convenience, defined terms usually have been capitalized within this
Resolution. Words used herein shall have their natural meaning, their statutory meaning if
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applicable, or the meaning set forth in the definitions, according to the context in which they
appear, regardless of capitalization.
31. SEVERABILITY:. If any provisions of this Resolution or the application thereof to any
party or circumstance shall to any extent be invalid or unenforceable, the remainder of this
Resolution and the application of such provision to parties or circumstances other than those to
which it is invalid or unenforceable, shall not be affected thereby, and each provision of this
Resolution shall be valid and be enforced to the fullest extent permitted by law.
32. REPEALER:. Upon the effective date of this Resolution, the Eagle County Animal
Control Resolution of 20102018, Resolution No. 2010-1262018-098, shall be repealed and
replaced by this Resolution. That repeal shall not affect any offense or act committed or done or
any penalty or forfeiture incurred or any right established or accruing before the effective date of
this Resolution.
33. TITLE:. This Resolution shall be known as the Eagle County Animal Control Resolution
of 20172019.
34. EFFECTIVE DATE:. All provisions of this Resolution shall be effective upon its
execution by the Board of County Commissioners for Eagle County, Colorado.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the __ day of______, 20182019.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
____________________________ By: ______________________________
Clerk to the Board of Kathy Chandler-HenryJeanne McQueeney
County Commissioners Chair
______________________________
Jillian H. RyanKathy Chandler-Henry
Commissioner
____________________________
Jeanne McQueeney Matt Scherr
Commissioner
Commissioner ____________________ seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Chandler-HenryMcQueeney ______________
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Commissioner Ryan Chandler-Henry ______________
Commissioner McQueeneyScherr ______________
This resolution passed by __________________ vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
EXHIBIT A
Department of Animal Shelter & Services
Fee & Fine Schedule
FEES:
Dog License: $10.00 per year
$5.00 Replacement Tag
Potentially Dangerous Dog License: $200.00 per year
Adoption: Cats - $70.00
Kittens - $100.00
Dogs -$100.00
Puppies - $150.00
Other - $50.00
Impounds: $50.00
Boarding: $25.00 per day
Vaccination: $20.00
After Hours Emergency Reclaim: $100.00
Animal Surrender: $50.00 plus $10.00 per infant 8 weeks or younger
Cat/Dog Traps: $65.00 refundable deposit
Transport within County: $40.00
Out of County Transport: $100.00 per day plus $1.00 per mile
FINES
For all violations not involving a Dangerous or Potentially Dangerous Animal:
Fines will increase when the same animal or person is involved in a second or third
violation of the same offense:
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Offense: 1st Offense 2nd Offense 3rd Offense or Subsequent
Fines: $40100.00 $100.00 $250.00 Court $375.00
For allany violations involving a Potentially Dangerous Animal:
Offense: 1st Offense
Fines: $250, plus Court
The above-statedreviewed by the court, the court shall consider fines are minimum penalties
and all violations are subjectjail time up to the general fineallowable maximum of $1,000.00
and imprisonment provisions of 90 days in jail per offense as detailed in C.R.S § 30-15-102,
C.R.S. .1
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ATTACHMENT A
Commissioner ________________________moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2019-________
RESOLUTION REPEALING AND RESTATING
RESOLUTION NO. 2018-098
CONCERNING THE CONTROL, LICENSING,
IMPOUNDMENT AND DISPOSITION OF ANIMALS
WHEREAS, 30-15-101 et seq., C.R.S., authorizes the Board of County Commissioners,
County of Eagle, State of Colorado, hereinafter referred to as the “Board,” to adopt a resolution
providing for control and licensing of pet animals in the unincorporated areas of Eagle County,
Colorado; and
WHEREAS, the Board has previously adopted such regulations, most recently by
Resolution No. 2018-0098 adopted December 18, 2018, entitled Resolution Repealing and
Restating Resolution No. 2017-009 Concerning the Control, Licensing, Impoundment and
Disposition of Animals; and
WHEREAS, the Board finds that the Eagle County Animal Control Resolution of 2018
requires certain additions, modifications and clarifications in order to adequately provide for the
control of Pet Animals and Working Dogs and other reasonable or necessary regulations in order
to serve and promote the public peace, health, safety, and welfare of the citizens of Eagle
County; and
WHEREAS, this Resolution is intended to repeal and restate the Eagle County Animal
Control Resolution of 2018.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO;
THAT, the following Resolution be and is hereby adopted:
1. INTENT. It is the intent of the Board of County Commissioners in adopting this
Resolution that Pet Animal and Working Dog Owners be responsible for their Animals’ conduct,
that they exercise control with respect to their Animals in a manner which recognizes the rights,
health and safety of others in the community, and that they be held strictly liable for conduct of
their Animals which violates the provisions of this Resolution.
2. DEFINITIONS. As used in this Resolution, the following terms shall have
the following meanings:
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2.1 “ABANDON” means (a) to fail to provide a Pet Animal Necessary Care for a
period of 24 hours or longer or (b) to deposit, leave, drop off or otherwise dispose of any Pet
Animal on public or private property without providing necessary care. For the purposes of this
Resolution, any Pet Animal is presumed to be Abandoned if, after the posting or personal service
of written notice describing deficiencies of necessary care for a Pet Animal, the deficiencies are
not corrected within 24 hours of such notice by any person other than an Animal Services
Officer.
2.2 “ANIMAL” means non-human creatures.
2.3 “ANIMAL CONTROL MAP” means the digital map maintained by Eagle County
Animal Shelter & Services Department to identify public locations within Eagle County where
Owners of Pet Animals are allowed access with their Pet Animals and must exercise various
levels of control over such Pet Animals. This map may be amended from time to time and can
be viewed online on the Eagle County Government website.
2.4 “ANIMAL SERVICES OFFICER” means any person empowered by Eagle
County to enforce the provisions of this Resolution pursuant to § 30-15-105, C.R.S., Eagle
County Sheriff’s Office personnel and other peace officers as defined in § 18-1-901, C.R.S.
2.5 “ANIMAL SHELTER & SERVICES DEPARTMENT” means the Eagle County
Department of Animal Shelter & Services.
2.6 “ANIMAL SHELTER” means all facilities and premises authorized by the Eagle
County Board of County Commissioners to care for Animals impounded or quarantined pursuant
to the provisions of this Resolution. Such facilities and premises shall also be considered public
animal shelters for the purpose of impounding dangerous dogs pursuant to the provisions of §
18-9-204.5, C.R.S.
2.7 “ATTACK” means aggressive behavior by an Animal such as a Bite, an Injury, or
charging or chasing a person or Animal; or non-aggressive behavior that causes pain or Injury
including jumping onto or running into a person or Animal.
2.8 “BITE” means the breaking of the skin, no matter how minor, by the teeth or jaws
of any Animal (this definition includes Biting and Bitten).
2.9 “BODILY INJURY” means any physical injury that results in severe bruising,
muscle tears, or skin lacerations requiring professional medical treatment or any physical injury
that requires corrective or cosmetic surgery.
2.10 “COMMON AREA” means properties that are accessible to the public, including
but not limited to properties owned and controlled by an owners’ association or similar
organization; areas of residential properties and buildings that are accessible to the occupants of
those properties; or easements that allow public access through a property.
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2.11 “CONTROL” means supervision of, and influence over, any Pet Animal
sufficient to prevent the violation of any of the provisions of this Resolution. Control shall be by
Physical Control or Demonstrable Control, as defined herein.
2.12 “DANGEROUS ANIMAL” means any Pet Animal or Working Dog that has,
without provocation, inflicted Serious Bodily Injury to a person, or has caused the, or was the
proximate cause of, death of a person or Animal; or has been previously classified as Potentially
Dangerous and is found in violation of the provisions of this Resolution.
2.13 “DEMONSTRABLE CONTROL” means control of a Pet Animal by the physical
presence of the Owner so that such Pet Animal is controlled and obedient to a person competent
to restrain the Pet Animal by command, and the Owner demonstrates that control to any person
as requested, and prevents Unwanted Contact with other people or Animals.
2.14 “DOG” means any animal of the Canine species or any animal related to the wolf,
fox, coyote or jackal.
2.15 “EMOTIONAL SUPPORT ANIMAL” means any Animal that an Owner has
obtained for the purpose of providing therapeutic benefits to such Owner. The Owner of the
Emotional Support Animal must have obtained an Emotional Support Animal letter from a
licensed professional within the past twelve months stating that the Animal is an essential part of
treatment for that purpose.
2.16 “FERAL CAT” means a freely ranging wild-living domestic cat. A Feral Cat is
differentiated from a Pet Animal by one or more of the following traits: it is under socialized or
completely unsocialized to humans; it has no identification or microchip; or it may have a
cropped ear from having been previously spayed or neutered by a vet.
2.17 “HABITUAL OFFENDER” means any Owner of a Pet Animal or Working Dog
that has been associated with offenses resulting in convictions of any single provision of this
Resolution more than two times within any 18-month period. It also means any Owner that has
been convicted of any single provision of this Resolution more than two times within any 18-
month period. For the purposes of this Resolution, after the Effective Date of this Resolution,
any disposition of charges involving probation or deferred judgment and sentencing shall be
considered to be a conviction.
2.18 “IMPOUND” means to place an Animal in Public or Protective Custody in the
interest of the safety of the Animal and/or the safety of the community (this definition includes
impounded and impoundment).
2.19 “INJURY” means any physical damage to a person or animal including, but not
limited, to sprains, bruising, scratches, punctures, lacerations, or broken bones.
2.20 “LEASH” means any type of rope, cable, chain or similar tool attached to the
Animal, and held by the Owner. A Leash cannot exceed the length of an average retractable
ATTACHMENT B
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leash, approximately 15 feet. A Leash must be substantial enough, and be properly secured in a
way, to prevent any loss of Control.
2.21 “LIVESTOCK” means cattle, horses, mules, burros, sheep, poultry, swine, llama,
goats, and any other Animal, when used for working purposes or raised for food or fiber
production.
2.22 “MISTREATMENT” means every act or omission which causes, or unreasonably
permits the continuation of, unnecessary or unjustifiable pain or suffering of an Animal.
Mistreatment also includes the leaving an Animal within an enclosed space, such as a vehicle
even if the windows are lowered or outdoors for a period longer thirty minutes and where the
animal shows visible signs of hypothermia, hyperthermia or distress.
2.23 “NECESSARY CARE” for a Pet Animal includes but is not limited to providing
food, water, protection from the weather and removal of waste from the Animal’s enclosure or
yard.
2.24 “NEGLECT” means failure to provide food, water, protection from the weather,
opportunity for exercise, socialization, or other care consistent with the needs of the species of
the Animal in question.
2.25 “OWNER” means any person, firm, corporation, or organization owning,
possessing, keeping, having financial or property interest in, or having temporary control or
custody of, any Pet Animal; or any person, firm, corporation or organization owning or having
financial or property interest in a Working Dog.
2.26 “PET ANIMAL” means dogs, cats, rabbits, guinea pigs, hamsters, mice, rats,
gerbils, ferrets, birds, fish, reptiles, amphibians, and invertebrates, or any species of wild or
domestic or hybrid animal sold, transferred, or retained for the purpose of being kept as a
household pet, except Livestock or Feral Cats. “Pet Animal” does not include Feral Cats or an
Animal used for working purposes on a farm or ranch or a Working Dog in the process of being
worked.
2.27 “PET ANIMAL FACILITY” means any facility licensed as such pursuant to the
provisions of Part 1 of Article 80 of Title 35, C.R.S.
2.28 “PHYSICAL CONTROL” means Control of a Pet Animal by means of a Leash or
by confinement in a Secure Animal Enclosure.
2.29 “POTENTIALLY DANGEROUS ANIMAL” means: (a) any Pet Animal or
Working Dog that without provocation Attacks or causes Bodily Injury to a person or Animal;
(b) a Pet Animal that causes the death of an Animal; (c) a Pet Animal that approaches a person
upon the streets, highways, sidewalks, or other areas open to the public, including Common
Areas, in a menacing fashion; (d) a Pet Animal that has a known propensity, tendency, or
disposition to Attack without provocation, or cause Injury or otherwise threatens the safety of
ATTACHMENT B
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persons or other Animals; or (e) a Pet Animal that is owned or harbored primarily or in part for
the purpose of fighting or is trained for fighting.
2.30 “PRIVATE PROPERTY” means property owned or leased by any person,
including any confined area or locality such as a residence, business, room, shop, building, or
motor vehicle.
2.31 “PROTECTIVE CUSTODY” means the taking of an Animal into custody by
Animal Shelter & Services Department to prevent the Mistreatment, Neglect, or Abandonment of
such Animal; or, impoundment of an Animal because of the Owner’s inability to care for the
Animal due to incarceration, incapacitation, or transport to a medical treatment facility.
2.32 “PROVOCATION” means harassment, teasing, threatening, striking, or attacking
an Animal or its Owner in the Animal’s presence, by either a person or another Animal.
Provocation may also include the intrusion onto Private Property without the consent of the
Private Property owner and/or interference with a Working Dog’s performance of its job while it
is actually working. Provocation does not include when a person enters Private Property and has
the right to enter including, but not limited to, delivery personnel, utility workers, or peace
officers while they are working.
2.33 “PUBLIC CUSTODY” means the impoundment and/or confinement of an
Animal in the Animal Shelter, or in the physical control of an Animal by an Animal Control
Officer performing duties pursuant to the provisions of the Resolution.
2.34 “QUARANTINE” means the confinement of an Animal for a specific period of
time during, as determined by the Animal Shelter & Services staff, which the Animal will be
observed in order to detect symptoms of disease. At the discretion of the Animal Shelter &
Services staff, the Animal may either be quarantined by being (i) taken into Public Custody; or
(ii) kept in a Secure Animal Enclosure and/or within the Physical Control of the Owner during
the entire Quarantine period.
2.35 “RABIES REGISTRATION” means the vaccination of an Animal with an anti-
rabies vaccine administered under the supervision of a licensed veterinarian, and the retention of
a certificate of rabies vaccination by the animal owner.
2.36 “SECURE ANIMAL ENCLOSURE” means a structure which is suitable to
prevent the escape of the Animal having a top, bottom, all sides, and is locked to avoid entry by a
child. If the enclosure has no bottom secured to the sides, the sides must be embedded into the
ground to a depth of not less than one foot.
2.37 “SERIOUS BODILY INJURY” means such Injury which involves a substantial
risk of permanent physical disability, impairment or, a disfigurement; or, a substantial risk of
protracted loss or impairment of the function of any part of, or organ in the body.
ATTACHMENT B
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2.38 “SERVICE ANIMAL” means any dog which has been trained to provide a
specific service or services to a person with a disability. An Emotional Support Animal is not a
Service Animal.
2.39 “TETHER” means to securely tie, chain or Leash a Pet Animal to an
inanimate object.
2.40 “TRESPASS” means: the entry by a Pet Animal or Working Dog upon any
Private Property other than that of the Animal’s Owner without permission; or the entry upon
public property which is posted or identified on the Animal Control Map as not permitting access
to such Animals.
2.41 “UNWANTED CONTACT” means any physical contact, or charging or
pressuring a person or Animal while on any property other than Private Property regardless of
whether that action is friendly or aggressive.
2.42 “WORKING DOG” means a Dog that is actually working livestock, guarding
livestock from predators, locating or retrieving wild game in season for a licensed hunter,
assisting law enforcement officers, assisting in rescue efforts, is a Service Animal or is actively
being trained for any of these purposes. Any dog not actively working is considered a Pet
Animal during those time periods.
3. VACCINATION OF PET ANIMALS AND WORKING DOGS REQUIRED.
3.1 Owners of Pet Animals and Working Dogs which are harbored, kept, or
maintained in Eagle County, for which Animals the United States Department of Agriculture has
licensed a rabies vaccine, shall (i) vaccinate, (ii) maintain the efficacy of the vaccination, and
(iii) maintain proof of current, efficacious rabies vaccination for their Pet Animals and Working
Dogs.
3.2 Such Pet Animals and Working Dogs shall be vaccinated when the animal reaches
the age of four months or is licensed (if applicable), whichever occurs first, and the vaccination
shall be repeated as necessary in accordance with recommendations of the United States
Department of Agriculture or vaccine manufacturer to maintain efficacy of the vaccination.
3.3 The rabies vaccine shall not be required for a Pet Animal whose veterinarian, in
accordance with § 25-4-607, C.R.S., has issued a written waiver based on the veterinarian’s
professional opinion that the rabies inoculation is contraindicated due to the Pet Animal’s
medical condition.
4. ANNUAL DOG LICENSING. All Dogs, including Working Dogs, harbored, kept, or
maintained in Eagle County shall be licensed, except Dogs kept as part of the operation of a Pet
Animal Facility or Eagle County maintained shelter.
4.1 All Dogs over the age of four months shall have a valid Eagle County Dog license
ATTACHMENT B
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after the Dog has been kept, maintained, or harbored in the County for any consecutive thirty day
period or immediately upon impoundment or citation for any violation of the Resolution.
4.2 All Dog licenses shall be renewed on or before their expiration date.
4.3 A valid Dog license tag shall be attached to a collar or harness and shall be worn
by the Dog at all times. It shall be a defense to prosecution that the Owner can produce a
certification by a veterinarian that the Dog cannot wear a collar or harness because of a
permanent medical condition or the Dog was, at the time of notice, working in a capacity that
made the wearing of a collar or harness hazardous to the Dog. Working Dogs that cannot wear a
Dog license tag shall be microchipped or tattooed, at the Owner’s expense, and registered with
the Animal Shelter & Services Department.
4.4 A Dog license shall be comprised of and evidenced by a written license form and
a Dog license tag.
4.5 The Animal Shelter & Services Department and/or any agency or person
designated by the Board of County Commissioners by resolution will issue a Dog license upon
the receipt of the executed application, payment of the license fee and evidence of a current
rabies vaccination.
4.6 Per § 24-34-803.5, C.R.S., any person with a disability who has a Service Animal
that requires a Dog license, will be eligible for a free license when they contact the Animal
Shelter & Services Department. Such person must be prepared to answer the following
questions: (a) is the Service Animal required because of a disability?; and (b) what work or task
has the Service Animal been trained to perform? All other Dogs are not eligible for a free
license.
5. FAILURE TO CONTROL A WORKING DOG OR PET ANIMAL. It shall be
unlawful, considered a failure to Control a Pet Animal or Working Dog, when:
5.1 A Pet Animal is off the Owner’s Private Property without the presence of a person
having Physical Control; except in locations identified as allowing Demonstrable Control on the
Animal Control Map;
5.2 A Pet Animal or Working Dog Attacks a person or another Animal, or causes
damage to the property of another. It is an affirmative defense if the Animal is on Private
Property and no Injury or damage is involved in the incident;
5.3 A Pet Animal is allowed to defecate and the Owner of the animal does not remove
the waste immediately while off Private Property;
5.4 A female cat or Dog, during estrus, is not under Physical Control, whether on or
off Private Property;
ATTACHMENT B
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5.5 A Pet Animal is not under Demonstrable Control in areas identified on the
Animal Control Map as allowing Demonstrable Control;
5.6 Any Pet Animal or Working Dog is Mistreated, Neglected or is left in
circumstances which constitute Abandonment; or
5.7 A Pet Animal or Working Dog is allowed to Trespass.
6. INTERFERENCE WITH AN OWNER’S CONTROL OF A PET ANIMAL OR
WORKING DOG.
It shall be unlawful for any person to perform any act which interferes with, prevents, or
hinders the efforts of an Owner to Control any of the Owner’s Pet Animals or Working Dogs.
7. INTERFERENCE WITH AN ANIMAL CONTROL OFFICER.
7.1 It shall be unlawful to intentionally interfere with, make false statements to,
provide false documentation to, hinder, prevent, or obstruct an Animal Control Officer in his/her
performance of duty pursuant to this Resolution.
7.2 It shall be unlawful to remove any animal from the Public or Protective Custody
without the consent of an Animal Control Officer.
8. WHEN A PET ANIMAL OR WORKING DOG BITES A PERSON.
8.1 DUTY TO REPORT PET ANIMAL AND WORKING DOG BITES
Any medical professional who provides treatment to a person for any Animal Bite that
has pierced the skin shall report to the Animal Shelter & Services Department any information
known regarding the Animal Bite. The report shall be made within 24 hours after such
information is received, and shall include with the report the name, address, and telephone
number of the person who was Bitten. The report may be made by telephone to the Animal
Shelter & Services Department on voice mail.
8.2 OWNER’S DUTY TO PRODUCE BITING ANIMAL FOR INSPECTION OR
QUARANTINE
i. Upon the request of an Animal Control Officer, an Owner shall make
available for inspection and/or Quarantine any Pet Animal or Working Dog which has Bitten, or
is suspected of Biting a person.
ii. If the Quarantine of a Pet Animal or a Working Dog is deemed necessary,
the place and terms of Quarantine shall be determined by the Animal Shelter & Services
Department staff pursuant to this Resolution. During Quarantine, the Pet Animal or Working
Dog shall, for a period of 10 days, be caused to be 1) isolated and confined to a Secure Enclosure
ATTACHMENT B
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and/or under the Physical Control of the Owner; or 2) confined at the Animal Shelter in a manner
deemed appropriate by the Animal Shelter & Services Department staff.
iii. All costs of Quarantine shall be the responsibility of the Owner.
9. DESIGNATION OF DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS .
9.1 The Animal Shelter & Services Department staff shall have the authority to
determine, based on a preponderance of the evidence, that a Pet Animal or Working Dog is
Potentially Dangerous or Dangerous as defined in this Resolution.
9.2 Written notice of a Pet Animal or Working Dog’s classification under 9.1 shall be
served on the Owner as required by Section 9.3. The notice shall describe the Animal and state
the grounds for its classification that is applicable to such Pet Animal or Working Dog. The
notice shall also state that, if a written request for an administrative hearing is filed with the
Animal Shelter & Services Department staff within 14 days after receipt of the notice, an
administrative hearing will be conducted to review the classification of the Pet Animal or
Working Dog. The right to an administrative hearing shall be deemed waived if not timely
requested as set forth in this Resolution.
9.3 The notice referred to in 9.2 of this Subsection shall be given either by personal
delivery to the Owner or by registered or certified mail, return receipt requested, addressed to the
Owner at the Owner’s last known address. Notice by personal delivery shall be complete upon
delivery and the receipt or upon return of the notice as undeliverable, refused, or unclaimed.
9.4 All administrative hearings held under this Section shall be heard by the Board of
County Commissioners or its designate, hereinafter referred to as the “Hearing Officer.” The
burden of proof shall be on the Owner to show cause as to why the Animal’s behavior does not
support the designation as Potentially Dangerous or Dangerous. The hearing shall be informal
and technical rules of evidence shall not apply. The classification shall be determined based
upon the preponderance of the evidence. The Hearing Officer shall not be required to file a full
opinion or make formal findings of fact or conclusion of law. However, the Hearing Officer
must state the reasons for the determination, and indicate the evidence relied upon. Such
determination shall be made no later than 72 regular business hours after the close of the hearing.
The proceedings at the hearing shall be recorded and retained for ten years. After ten years, the
records will be destroyed unless otherwise required to retain such records.
9.5 Should the Hearing Officer determine that the Pet Animal or Working Dog was
properly designated by the Animal Shelter & Services Department staff, the Owner who
requested the hearing shall be responsible for paying for the cost and expense of the hearing.
Should the Hearing Officer determine that the Pet Animal or Working Dog is neither Potentially
Dangerous nor Dangerous, no costs shall be charged to the Owner for Impoundment of the Pet
Animal or Working Dog during pendency of the hearing.
9.6 When an Animal has been classified as Dangerous, the Hearing Officer shall first
determine if that classification is proper. If the Hearing Officer determines that the Animal was
ATTACHMENT B
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improperly classified as Dangerous, the Hearing Officer shall then determine if the Animal is
Potentially Dangerous. Should the Hearing Officer determine that the Pet Animal or Working
Dog is Potentially Dangerous, the Owner shall comply with the requirements of this Section
applicable to Potentially Dangerous Animals.
10. IMPOUNDMENT OF DANGEROUS ANIMALS PENDING HEARING.
During the pendency of any hearing and any appeal therefrom on the classification of a
Pet Animal or Working Dog as Dangerous, the Pet Animal or Working Dog shall be Impounded
at the Animal Shelter at the Owner’s expense. In the event that the Animal is determined neither
Potentially Dangerous nor Dangerous, no costs shall be charged to the Owner for Impoundment.
11. RESTRICTIONS ON A POTENTIALLY DANGEROUS ANIMAL.
11.1 CONTROL
Whether on or off Private Property, a Potentially Dangerous Animal must be on a leash no
longer than four feet or in a Secure Animal Enclosure. The enclosure must also provide
adequate protection from the elements and be kept in a clean and sanitary condition. When off
Private Property the Potentially Dangerous Animal shall wear an approved muzzle as determined
by Animal Shelter & Services Department staff.
11.2 Any Animal designated as Potentially Dangerous pursuant to any previous Eagle
County Animal Control Resolution shall maintain such designation and shall comply with this
resolution as amended from time to time.
11.3 NOTIFICATION OF CHANGE IN STATUS
The Owner shall immediately notify the Animal Shelter & Services Department if a Potentially
Dangerous Animal is loose, unconfined, has Attacked another animal, or person, or has died,
been sold, been given away, or is otherwise no longer in the possession of the Owner. If the
Potentially Dangerous Animal has been sold or given away, the Owner shall provide the Animal
Shelter & Services Department with the new Owner’s name, address and telephone number. If
the new Owner maintains the Potentially Dangerous Animal within Eagle County, the new
Owner shall comply with the requirements previously applied to such Animal and the
requirements of this Resolution.
11.4 SIGNS; DISPLAY REQUIRED
The Owner shall display a sign or signs in such form as required by Eagle County on its premises
warning that there is a Potentially Dangerous Animal on the Private Property. Such a sign or
signs shall be visible and capable of being read from any public right-of-way or Common Areas
abutting the Private Property. Such a sign shall also be posted on the enclosure for the
Potentially Dangerous Animal. Eagle County shall provide one sign required by this Section at
no cost to the Owner. Additional or duplicate signs shall be purchased from Eagle County for an
amount equal to Eagle County’s cost for providing the signs.
ATTACHMENT B
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11.5 SPECIAL LICENSE AND IDENTIFICATION TAG
The Owner of any Potentially Dangerous Animal shall obtain an annual special license and
identification tag for such Animal, which license shall expire on December 31 of the year for
which the license is issued. An application for a special license and identification tag shall be
made to the Animal Shelter & Services Department which shall include the information required
by Section 4 of this Resolution. All Potentially Dangerous Animals shall also be issued a special
license identification tag which shall be worn by the Potentially Dangerous Animal at all times.
11.6 SPAY OR NEUTER REQUIREMENT FOR POTENTIALLY DANGEROUS
ANIMALS
Within 14 calendar days after its classification as a Potentially Dangerous Animal, the Owner
shall have the Animal spayed or neutered and present proof of that fact to the Animal Shelter &
Services Department.
11.7 The Owner of any Animal that has been designated as Potentially Dangerous in
accordance with the terms of this Resolution must comply with Sections 11.1 and 11.2
concerning Potentially Dangerous Animals pending the outcome of any hearing challenging such
designation.
11.8 FAILURE TO COMPLY WITH POTENTIALLY DANGEROUS ANIMAL
RESTRICTIONS
Any Animal that has been previously classified as Potentially Dangerous and is found in
violation of the restrictions concerning Potentially Dangerous Animals may be classified as a
“Dangerous Animal” in accordance with the terms of this Resolution.
12. TEMPORARY DESIGNATION OF POTENTIALLY DANGEROUS.
An Animal Services Officer may provide the Owner of a Pet Animal the opportunity to
voluntarily abide by Sections 4.3, 11.1, 11.2, and 11.7 over a period of three to six months, as
determined by the Animal Services Officer, after a documented incident of Potentially
Dangerous behavior. If, during the time of the temporary designation, the Animal is in violation
of the above described Sections, the Animal may be permanently designated as Potentially
Dangerous for the initial incident by following the Section 9 processes. If no violations are
documented or reported during temporary period the animal shall be released of the designation
with the Owner’s agreement that the animal will not be allowed to show Potentially Dangerous
behavior in the future.
13. DESTRUCTION OF DANGEROUS ANIMAL.
13.1 It shall be unlawful to own a Dangerous Animal.
ATTACHMENT B
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13.2 Any Pet Animal or Working Dog that is classified as Dangerous shall be
humanely euthanized after being quarantined for the period provided by law.
14. FAILURE TO COMPLY WITH CERTAIN TERMS OF A SALES OR ADOPTION
CONTRACT.
14.1 It shall be unlawful to fail to comply with any of the terms of an adoption or
fostering contract when the animal is obtained from the Eagle County Animal Shelter pursuant to
such contract.
15. IMPOUNDMENT OF STRAY, ABANDONED ANIMALS OR THOSE OTHERWISE
IN VIOLATION OF PROVISIONS OF THIS RESOLUTION.
15.1 An Animal Control Officer may impound any Animal that is not under Control as
required by this Resolution, or when it and/or its Owner are in violation of any of the provisions
of this Resolution.
15.2 An Animal Control Officer may Impound any Pet Animal displaying Potentially
Dangerous or Dangerous Animal that is not under Control as provided in this Resolution. An
Animal Control Officer may perform such impoundment prior to notifying the Owner, if such
Owner is not immediately present to exercise Control of such animal.
15.3 As soon as practical after the Impoundment of any Animal, an Animal Control
Officer shall make a reasonable effort to notify the Owner of the Animal’s location by telephone,
posting of a notice at the Owner’s residence, or by written notice mailed to the Owner’s last
known address, if the identity of the Owner is known. If needed to establish the identity of the
Owner, information contained on any identification, rabies, or license tag found attached to the
Animal shall be used.
16. OWNER’S DUTY TO REDEEM ANIMAL AND PAY FEES.
16.1 The Owner of any Impounded Animal shall be held responsible for all the costs of
Impoundment, including medical treatment and boarding.
16.2 It shall be unlawful for any Owner to fail to make arrangements for the
redemption or surrender of any Animal impounded pursuant to the provisions of this Resolution,
or to fail to pay any fees associated with the redemption or surrender of such Animal.
17. DISPOSITION OF IMPOUNDED ANIMALS.
17.1 Any Pet Animal or Working Dog, except Feral Cats, Impounded pursuant to the
other provisions of this Resolution, shall become the property of the Animal Shelter & Services
Department after five days of impoundment, after which it may humanely euthanize the Animal.
For purposes of this Section, a “day” means a 24-hour period beginning at the time of the day at,
and on the date on, which the Animal was taken into Public Custody.
ATTACHMENT B
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17.3 Animal Shelter & Services Department may humanely euthanize any Animal at
any time prior to the expiration of the 5-day impoundment period if the Animal is seriously
injured or ill, or if the Animal poses a risk to the health of any person.
17.4 After the required time period, in lieu of having an Animal destroyed, the Animal
Shelter & Services Department may release an Animal which is not diseased to a bona fide
animal welfare organization or to a person having no previous interest in the animal. Upon
release of the Animal, the recipient shall pay a fee as established by the County, including but
not limited to fees for adoption, rabies inoculations, dog license, and sterilization costs.
17.5 All Animals adopted from the Animal Shelter & Services Department are
required to be sterilized at the time of adoption unless such surgery would be dangerous to the
animal due to its age or physical condition, as determined by the selected veterinarian of record.
Transfer of ownership shall not occur until sterilization has been performed although possession
may be given to the adopting person upon his or her written promise to have the sterilization
performed by a specified date.
18. THREATENING OF LIVESTOCK OR WILDLIFE.
18.1 It shall be unlawful to fail to Control any Pet Animal so as to prevent such Animal
from running after, chasing, pursuing, Biting, attacking, or in any other way threatening
Livestock or wildlife.
18.2 Any Pet Animal threatening Livestock or wildlife may be immediately destroyed
at the discretion of any Animal Control Officer. If not destroyed, the Animal may be
immediately Impounded and/or designated Dangerous or Potentially Dangerous in accordance
with this Resolution.
18.3 A violation of this Section may also require a mandatory court appearance by the
Owner. Upon conviction, if the Animal was not destroyed at the time of the incident, the court
may order it destroyed under the supervision of the Animal Shelter & Services Department. If
the court does not order the animal destroyed, the court may deem the animal a Potentially
Dangerous Animal, and possession shall be returned to the Owner subject to the regulations
applicable to Potentially Dangerous Animals under this Resolution and other state law. Upon a
second conviction of a violation of this Section with respect to a specific Animal, the court shall
order the animal to be Dangerous and the animal destroyed under the supervision of the Animal
Shelter & Services Department.
18.4 Upon conviction of any violation of this Section, the Owner shall be required by
the court to pay restitution for any Livestock or wildlife injured or killed by the Owner’s Animal.
19. NUISANCE, ANIMAL NOISE AND FECES.
19.1 It is unlawful for any Owner to fail to prevent his Pet Animal from disturbing the
ATTACHMENT B
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peace of any other person by any unprovoked barking, whether the Animal is on or off the
Owner’s Private Property.
19.2 It is unlawful for any Owner to permit the accumulation of a Pet Animal’s feces
on the property on which the Animal is kept such that it is detectable visually or odorously by
neighbors.
19.3 It is unlawful for any Owner to fail to confine Pet Animal feces, and any part
thereof, within the perimeters of the property on which the Animal is kept, regardless whether
such failure to confine is the result of natural causes, such as surface water flow, or other causes.
19.4 No person shall be charged with a violation of this Section unless a written
warning for a separate violation has been given at least 72 hours prior to the issuance of the
citation, and corroborating evidence is also be provided along with a citizen incident report.
Corroborating evidence can be digital documentation of the violation or a secondary witness of
the violation.
20. HABITUAL OFFENDER. It shall be unlawful for any person to become a Habitual
Offender as defined in this Resolution. Any person may be charged as a Habitual Offender in
addition to any other charges brought pursuant to the provisions of this Resolution. Upon the
conviction of an Owner as a Habitual Offender, the Owner’s offending Animal(s) may be
ordered removed from Eagle County or surrendered to the Animal Shelter & Services
Department, along with any other penalties imposed by the Court. The court shall consider a
maximum allowable fine for the Habitual Offender charge if the Owner is found guilty.
21. ENFORCEMENT. Animal Control Officers have the authority to issue a Summons and
Complaint or penalty assessment to any alleged violator of this Resolution. The fine or other
penalty shall be as provided in the Eagle County Animal Control Resolution or as otherwise
provided by law. In addition to Animal Shelter & Services Department and Animal Services
Officer enforcement, the provisions of this Resolution shall be enforced by the County Sheriff
and peace officer of jurisdiction.
22. PENALTIES. The fines, in the amounts prescribed in the attached Exhibit A, shall apply
to any such violation of this Resolution, and shall be applied either through the penalty
assessment procedure of § 16-2-201, C.R.S., or by the court after conviction, in which case the
court shall also assess the appropriate court costs.
23. POWER OF THE COURT. In addition to any penalties which may be provided for in
this Resolution, the court shall have the authority, upon making a finding that an animal
constitutes a nuisance or that an Animal constitutes a real or present danger to the citizens of the
County, to order that the Animal be destroyed in a humane fashion.
24. LIABILITY FOR ACCIDENT OR SUBSEQUENT DISEASE FROM
IMPOUNDMENT. The Board of County Commissioners, its employees, agents and persons
authorized herein to enforce the provisions of this Resolution, shall not be held responsible for
ATTACHMENT B
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any accident or subsequent disease which may be suffered by an Animal as a result of the
administration or implementation of this Resolution.
25. NOTICE. An Owner shall be deemed to have been issued and received an appropriate
notice or warning as herein referred if the warning is personally served upon the Owner, posted
on the Owner’s Private Property, or placed in the U.S. Mail, postage prepaid and addressed to the
Owner at the last known address of the Owner.
26. HOT PURSUIT. An Animal Services Officer in hot pursuit of an animal that is
suspected of inflicting Bodily or Serious Bodily Injury to a human being or other animal may
enter onto private property for the purposes of enforcing this Resolution, including for the
purpose of effecting an Impoundment and/or Quarantine and, removing the animal from the
property, ascertaining the identity of the animal, it’s owner, and/or the currency or existence of
dog tags, or issuing a citation. This Section, however, does not grant any Animal Control Officer
authority to enter into any dwelling.
27. ANIMAL SERVICES OFFICERS.
27.1 There is hereby created the position of Eagle County Animal Services Officer
who shall be employed by the County and appointed as such by the Board of County
Commissioners, acting directly or through the County’s chief administrative officer, at such
compensation and such qualifications as from time to time shall be fixed by order of the Board.
27.2 Pursuant to § 30-15-105, C.R.S., personnel engaged in animal control, however
titled or administratively assigned, may issue citations or enforce this Resolution. Personnel so
engaged shall be included in the definition of “Peace Officer or Fireman” in § 18-3-201(2),
C.R.S. Nothing herein is intended to vest authority in any person so engaged to enforce any
resolution or statute other than this Resolution.
28. DISPOSITION OF FINES AND FORFEITURES. All fines and forfeitures for violation
of any provisions of this Resolution and all moneys collected by the County for licenses shall be
paid over to the County Treasurer immediately upon their receipt.
29. CAPTIONS. The captions and section headings used throughout this Resolution are for
the convenience of reference only, and the words contained herein shall in no way be held or
deemed to define, limit, describe, explain, modify, amplify or add to the interpretation,
construction or meaning of any provision to or the scope of this Resolution.
30. TERMS. For convenience, defined terms usually have been capitalized within this
Resolution. Words used herein shall have their natural meaning, their statutory meaning if
applicable, or the meaning set forth in the definitions, according to the context in which they
appear, regardless of capitalization.
31. SEVERABILITY. If any provisions of this Resolution or the application thereof to any
party or circumstance shall to any extent be invalid or unenforceable, the remainder of this
Resolution and the application of such provision to parties or circumstances other than those to
ATTACHMENT B
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which it is invalid or unenforceable, shall not be affected thereby, and each provision of this
Resolution shall be valid and be enforced to the fullest extent permitted by law.
32. REPEALER. Upon the effective date of this Resolution, the Eagle County Animal
Control Resolution of 2018, Resolution No. 2018-098, shall be repealed and replaced by this
Resolution. That repeal shall not affect any offense or act committed or done or any penalty or
forfeiture incurred or any right established or accruing before the effective date of this
Resolution.
33. TITLE. This Resolution shall be known as the Eagle County Animal Control Resolution
of 2019.
34. EFFECTIVE DATE. All provisions of this Resolution shall be effective upon its
execution by the Board of County Commissioners for Eagle County, Colorado.
ATTACHMENT B
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the __ day of______, 2019.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
____________________________ By: ______________________________
Clerk to the Board of Jeanne McQueeney
County Commissioners Chair
______________________________
Kathy Chandler-Henry
Commissioner
____________________________
Matt Scherr
Commissioner
Commissioner ____________________ seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney ______________
Commissioner Chandler-Henry ______________
Commissioner Scherr ______________
ATTACHMENT B
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This resolution passed by __________________ vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
EXHIBIT A
Department of Animal Shelter & Services
Fee & Fine Schedule
FEES:
Dog License: $10.00 per year
$5.00 Replacement Tag
Potentially Dangerous Dog License: $200.00 per year
Adoption: Cats - $70.00
Kittens - $100.00
Dogs -$100.00
Puppies - $150.00
Other - $50.00
Impounds: $50.00
Boarding: $25.00 per day
Vaccination: $20.00
After Hours Emergency Reclaim: $100.00
Animal Surrender: $50.00 plus $10.00 per infant 8 weeks or younger
Cat/Dog Traps: $65.00 refundable deposit
Transport within County: $40.00
Out of County Transport: $100.00 per day plus $1.00 per mile
FINES
Fines will increase when the same animal or person is involved in a second or third
violation of the same offense:
Offense: 1st Offense 2nd Offense 3rd Offense or Subsequent
Fines: $100.00 $250.00 $375.00
For any violations reviewed by the court, the court shall consider fines and jail time up to
the allowable maximum of $1,000.00 and 90 days in jail per offense as detailed in C.R.S §
30-15-102.1
ATTACHMENT B
19
ATTACHMENT B
ATTACHMENT C
WHY
SIMPLIFICATION SAFETY COMPLIANCE
WHAT
REWRITE OF THE RESOLUTION ADOPTION BY THE TOWN OF AVON
STEPS TAKEN
SUPPORT FROM BoCC ANNOUNCED TO MAYORS / MANAGERS
MET WITH TOWN STAFF WORKING WITH ATTORNEYS OFFICE
ANNOUNCE AT THE TOWN COUNCIL MEETING
DETAILS
LEASH LAW / DEMONSTRABLE CONTROL ANIMAL CONTROL MAP ATTACK COMMON AREA
EMOTIONAL SUPPORT / SERVICE ANIM. FERAL CATS HABITUAL OFFENDER PRIVATE PROP.
ANIMALS IN VEHICLES UNWANTED CONTACT DEFECATION W/O REMOVAL INTERFERENCE
REMOVAL OF IMPOUNDMENT SECTION MUZZLE FOR P.D. ANIMALS TEMPORARY DESIGNATION OF P.D.
REQUEST
SUPPORT MOVING FORWARD ADOPTION BY APRIL 1, 2020
QUESTIONS or CONCERNS?
ATTACHMENT D
This material will be provided
at the Council Meeting
MEMORANDUM
To: Honorable Mayor Smith Hymes and Town Councilmembers
CC: Eric Heil, Town Manager
From: Paul Wisor
Re: Public Hearing – Ordinance 19-10 Amending Sections 3.08 and 3.10 of the
Avon Municipal Code
Date: October 10, 2019
Summary: In November 2018, the residents of Avon approved Ballot Issue 2B, which
authorized the Town of Avon (the “Town) to impose an excise tax on cigarettes in the
amount of fifteen cents per cigarette of three dollars per pack. Separate and apart from
the excise tax on cigarettes, Ballot Issue 2B authorized the Town to impose a 40% sales
tax on all other tobacco products. On March 12, 2019, the Avon Town Council adopt ed
Ordinance 19-02, which codified the excise and sales tax.
Since the passage of Ballot Issue 2B and the adoption of Ordinance 19 -02, some
retailers have expressed confusion as to whether the cigarette tax is in lieu of or in
addition to the tobacco tax. This confusion stems from the fact the 40% sales is to be
imposed on “all tobacco products.” Section 5.10.030 of the Avon Municipal Code (the
“Code”) defines “tobacco product” as “any product that is made or derived from tobacco
or that contains nicotine . . . including, but not limited to a cigarette.” Given this broad
definition of “tobacco product,” one could conclude cigarettes should be subject to the
sales tax. Though, this was not the intent of Ballot Issue 2B.
It has also come to the Town’s attention that it is unclear to some retailers whether
they are required to list the cigarette excise tax on the receipt associated with every sale
of a cigarette or pack of cigarettes. Section 3.08.030(c) of the Code requires retailers to
separately list all sales taxes, and thus the 40% tobacco sales tax, on all receipts. However,
this requirement does not specifically appear in connection with the cigarette excise tax.
It has always been the Town’s intent to require retailers to separately list the tax imposed
on both the sale of cigarettes as well as all other tobacco products.
Ordinance 19-10 clarifies that 1) the cigarette excise tax is in lieu of and not in
addition to the tobacco sales tax and 2) retailers must separately list the cigarette excise
tax on the receipt associated with the sale of a cigarette or pack of cigarettes.
Procedural Issue: Given the ongoing nature of the confusion among retailers,
Ordinance 19-10 has been provided in the packet as both an emergency ordinance to be
adopted at first reading or as an ordinance to be considered and adopted after a first and
second reading. Section 6.6 of the Town’s Charter authorizes adoption of an emergency
ordinance. Emergency Ordinances only require one reading and take effect immediately
on final passage. Emergency Ordinances require the concurring vote of 5 Council
members. Avon Council last adopted an emergency ordinance in 2017, but typically does
not do so. Adoption through the regular ordinance process requires two readings and
would not be effective until 30 days after second reading, which would be late November
at the earliest.
Proposed Motion:
1. Emergency Ordinance – “I move to [approve, deny] first and final reading of
Ordinance 19-10 an emergency ordinance amending Sections 3.08 and 3.10 of the
Avon Municipal Code.”
2. Two Readings – “I move to approve [with or without modifications] First Reading
of Ordinance 19-10 amending Sections 3.08 and 3.10 of the Avon Municipal Code.”
Attachments
Attachment A: Emergency Ordinance
Attachment B: Two Reading Ordinance
TOWN OF AVON, COLORADO
ORDINANCE 19-10
AN EMERGENCY ORDINANCE
AMENDING SECTIONS 3.08 AND 3.10 OF THE AVON MUNICIPAL CODE TO
PROVIDE MORE EFFICIENT COLLECTION OF THE TOBACCO SALES TAX AND
CIGARETTE EXCISE TAX
RECITALS
WHEREAS, the Town of Avon, Colorado (the “Town"”) is a home rule municipality and
political subdivision of the State of Colorado (the “State”) organized and existing under a home
rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town, the Avon Town Council has the power to make and publish ordinances
necessary and proper to provide for the safety, preserve the health, promote the prosperity,
and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Avon Town Council referred a ballot measure entitled “Tax Increase on the Sale
of Tobacco and Nicotine Products” to the November 6, 2018 election by Resolution No. 18-12,
which was passed by the Avon voters; and
WHEREAS, Avon Town Council adopted Ordinance 19-02, pursuant to which it, in part,
established a 40% sales tax on all tobacco products, established an excise tax on the sale of
cigarettes and instituted certain related administrative requirements; and
WHEREAS, Avon Town Council finds that amendments to the Avon Municipal Code would
clarify the applicability of the sales tax on tobacco products and the excise tax on cigarettes as
well as the administrative requirements related thereto; and
WHEREAS, Section 6.6 of the Charter permits the adoption of ordinances on one reading
with the concurring vote of five (5) Council members after posting notice of a public hearing and
conducting a public hearing; and,
WHEREAS, Avon Town Council finds that amendments to the Avon Municipal Code will
more effectively implement the sales tax on tobacco products and the excise tax on cigarettes and
will thereby promote the health, safety and general welfare of the Avon community.
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 Avon Town Council.
Section 2. Amendment to Section 3.08.030(a). Section 3.08(a) of the Avon Municipal Code
is hereby amended to read as follows with underline indicating language to be adopted:
ATTACHMENT A
(a) There is imposed upon all sales of all items specified in Section 3.08.020 within the
boundaries of the Town a tax equal to four percent (4%) of gross receipts derived from
sales of tangible personal property and services pursuant to this Chapter except that the
sales tax imposed on tobacco products shall be forty percent (40%). Notwithstanding the
foregoing, cigarettes shall not be subject to the sales tax imposed hereunder, but shall be
subject to the cigarette excise tax imposed pursuant to Section 3.10.020.
Section 3. Amendment to Section 3.10.020. Section 3.10.020 of the Avon Municipal Code
is hereby amended to read as follows with underline indicating language to be adopted:
(a) There is imposed upon all sales of all cigarettes a cigarette excise tax in the amount of
fifteen cents per cigarette or three dollars per pack of twenty (20) cigarettes.
(b) Any retailer that sells a cigarette shall add the applicable cigarette excise tax imposed
thereto to the sale or charge of the cigarette sold, showing such cigarette excise tax as a
separate and distinct item, and, when added, such tax shall constitute a part of such price
or charge, shall be a debt from the purchaser to the retailer until paid, and shall be
recoverable at law in the same manner as other debts.
Section 4. 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 Municip al
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 5. Interpretation. This Ordinance shall be interpreted and applied to comply in all
respects with Article X, Section 20, of the Colorado Constitution, in its application to any person
or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax
policy change that would require voter approval.
Section 6. 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 Avon 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 7. Effective Date. This Ordinance shall take effect immediately upon adoption in
accordance with Section 6.6 of the Charter.
ATTACHMENT A
Section 8. Safety Clause. The Avon 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 of health and safety and for the protection of public convenience and welfare.
The Avon Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 9. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 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 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
ATTACHMENT A
TOWN OF AVON, COLORADO
ORDINANCE 19-10
AMENDING SECTIONS 3.08 AND 3.10 OF THE AVON MUNICIPAL CODE TO
PROVIDE MORE EFFICIENT COLLECTION OF TOBACCO SALES TAX AND
CIGARETTE EXCISE TAX
RECITALS
WHEREAS, the Town of Avon, Colorado (the “Town"”) is a home rule municipality and
political subdivision of the State of Colorado (the “State”) organized and existing under a home
rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town, the Avon Town Council has the power to make and publish ordinances
necessary and proper to provide for the safety, preserve the health, promote the prosperity,
and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Avon Town Council referred a ballot measure entitled “Tax Increase on the Sale
of Tobacco and Nicotine Products” to the November 6, 2018 election by Resolution No. 18-12,
which was passed by the Avon voters; and
WHEREAS, Avon Town Council adopted Ordinance 19-02, pursuant to which it, in part,
established a 40% sales tax on all tobacco products, established an excise tax on the sale of
cigarettes and instituted certain related administrative requirements; and
WHEREAS, Avon Town Council finds that amendments to the Avon Municipal Code would
clarify the applicability of the sales tax on tobacco products and the excise tax on cigarettes as
well as the administrative requirements related thereto; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Avon 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 oppo rtunity to present testimony and
evidence regarding the application and that approval of this Ordinance on First Reading does not
constitute a representation that the Avon Town Council, or any member of the Avon Town
Council, supports, approve, 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 Avon Town Council.
Section 2. Amendment to Section 3.08.030(a). Section 3.08(a) of the Avon Municipal Code
is hereby amended to read as follows with underline indicating language to be adopted:
ATTACHMENT B
(a) There is imposed upon all sales of all items specified in Section 3. 08.020 within the
boundaries of the Town a tax equal to four percent (4%) of gross receipts derived from
sales of tangible personal property and services pursuant to this Chapter except that the
sales tax imposed on tobacco products shall be forty percent (40%). Notwithstanding the
foregoing, cigarettes shall not be subject to the sales tax imposed hereunder, but shall be
subject to the cigarette excise tax imposed pursuant to Section 3.10.020.
Section 3. Amendment to Section 3.10.020. Section 3.10.020 of the Avon Municipal Code
is hereby amended to read as follows with underline indicating language to be adopted:
(a) There is imposed upon all sales of all cigarettes a cigarette excise tax in the amount of
fifteen cents per cigarette or three dollars per pack of twenty (20) cigarettes.
(b) Any retailer that sells a cigarette shall add the applicable cigarette excise tax imposed
thereto to the sale or charge of the cigarette sold, showing such cigarette excise tax as a
separate and distinct item, and, when added, such tax shall constitute a part of such price
or charge, shall be a debt from the purchaser to the retailer until paid, and shall be
recoverable at law in the same manner as other debts.
Section 4. 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 correct ions may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Interpretation. This Ordinance shall be interpreted and applied to comply in all
respects with Article X, Section 20, of the Colorado Constitution, in its application to any person
or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax
policy change that would require voter approval.
Section 6. 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 Avon 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 7. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
ATTACHMENT B
Section 8. Safety Clause. The Avon 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 of health and safety and for the protection of public convenience and welfare.
The Avon Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 9. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 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 AND FINAL READING AND
REFERRED TO PUBLIC HEARING on October 10, 2019 and setting such public hearing for
October 22, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
ATTACHMENT B
ADOPTED ON SECOND AND FINAL READING on October 22, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
ATTACHMENT B
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: David McWilliams, Town Planner
Meeting Date: October 10, 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. This item was continued on September 24, 2019. At the
last meeting Council’s initial action to reject the first reading resulted in a 3-3 vote, which procedurally
resulted in no action. Council decided to continue to Oct 10, however there will also not be a full Council
present on Oct 10. Therefore, Council is recommended to continue the item to the October 22 Council
meeting. For this meeting, Council is procedurally required to conduct a public hearing and take
comments before taking action to continue.
RECOMMENDED MOTION
“I move to continue the first reading of Ordinance 19-08 to the October 22, 2019 Town Council Meeting.”
AVAILABLE MOTIONS
“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).”
“I move to approve the first reading of Ordinance 19-08 thereby rezoning Lot 16 Block 2 Benchmark at
Beaver Creek from Residential High Density to Park, and setting a public hearing date of October 22,
2019.”
“I move to continue the first reading of Ordinance 19-08 to the October 22, 2019 Town Council Meeting.”
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 ofOrdinance
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.
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 classification 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 22, 2019.
4. Table the Application pending further information.
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). The parcel can be revisited
for development in a few years.
ATTACHMENT
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
FIRST READING – October 10, 2019
Page 1 of 3
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 public meetings on September 24, 2019 and October 10,
2019 to consider the Application and first reading;
WHEREAS, the Town Council held a Public Hearing on October 22, 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
FIRST READING – October 10, 2019
Page 2 of 3
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
FIRST READING – October 10, 2019
Page 3 of 3
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 October 10, 2019 and setting such public hearing for October 22,
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 22, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
___________________________
Paul Wisor, Town Attorney
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 1 of 7
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Matt Pielsticker, Planning Director
Meeting Date: October 10, 2019
Topic: FIRST READING OF ORDINANCE 19-09, APPROVING A VESTED RIGHTS EXTENSION AND MINOR
PUD AMENDMENT FOR LOT 1 RIVERFRONT SUBDIVISION
ACTION BEFORE COUNCIL
Before Council is action on First Reading of Ordinance 19-09, approving a Vested Rights Extension and
Minor PUD Amendment for Lot 1 Riverfront Subdivision.
RECOMMENDED MOTION
“I move to approve first reading of Ordinance 19-09, thereby approving a Vested Rights Extension and
Minor PUD Amendment for Lot 1 Riverfront Subdivision and setting a public hearing date of October 22,
2019.”
AVAILABLE ACTIONS
1. Approve the first reading of Ordinance 19-09 as drafted.
2. Approve the first reading of Ordinance 19-09, with modifications.
3. Continue to October 22, 2019.
4. Direct staff to prepare findings of fact and record of decision to deny the applications.
APPLICATION SUMMARY
Points of Colorado, Inc. (“the Applicant”), is requesting a Vested Property Rights Extension and Planned
Unit Development (PUD) Amendment (collectively “the Application”) to allow greater flexibility for a
future phased project on Lot 1, Riverfront PUD and Subdivision (“the Property”). The Applicant has
authorized East West Partners to act on their behalf for this review process since East West Partners is
actively trying to purchase the property for this future development.
The Riverfront PUD Development Plan, the governing zoning document, entitles the Property with two
separate buildings. The Application proposes the following amendments:
• Removal of building footprint stipulations and resultant building massing requirements
• Ability to construct aerial encroachments up to 6’ into the 10’ road setback
• Architectural Guideline changes for retaining walls, massing approaching the river, and overhangs
• Modifications to building height near south property line
The Vested Property Rights are currently scheduled to expire on March 18, 2021. With a phased project
contemplated, the prospective owners of the Property are requesting an extension to March 18, 2024 for
a first phase, and March 18, 2025 for a second and final phase.
Details of the Application are included as: Attachment A – Riverfront Village Narrative, and Attachment B
– Cover Letter for Vested Rights Extension. The record of the Planning and Zoning Commission’s
affirmative recommendations are attached as Attachment C. Lastly, a draft Ordinance set to approve the
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 2 of 7
Application, is attached as Attachment D. For further details with respect to the PUD Development Plan
amendments please refer to Exhibit B to the Ordinance, also attached hereto.
PROCESS
Minor PUD Amendment
This request is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets
forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the
same process. According the Avon Development Code, a proposed PUD amendment is considered
minor if it meets the following criteria for decision and has been determined as such by the Director:
(A) The PUD amendment does not increase density, increase the amount of nonresidential land
use or significantly alter any approved building scale and mass of development.
(B) The PUD amendment does not change the character of the development and maintains the
intent and integrity of the PUD.
(C) The PUD amendment does not result in a net decrease in the amount of open space or result
in a change in character of any of the open space proposed within the PUD.
The application, as submitted, meets the criteria for a Minor Amendment. The review procedures
require public hearings with the PZC and Council. Council makes the final decision after another public
hearing and action on an Ordinance for approval, or denial by motion and vote.
Vested Property Rights
Landowners may request extensions of vested property rights by applying at least six (6) months prior
to the expiration of the vested property rights. Public hearings are required by the Planning and
Zoning Commission and Town Council. Action is by ordinance of the Town Council.
Public Notification
Pursuant to Avon Municipal Code Table 7.16-1: Development Review Procedures and Review Authority,
the Vested Rights and Minor PUD Amendment applications both require mailed public notice. The mailed
notification was provided to all owners within 300’ of the property on August 23, 2019. Published
notification is also required for both applications. A legal notification was published in the August 23,
2019 edition of the Vail Daily newspaper in advance of the first scheduled meeting with the Planning and
Zoning Commission on September 3, 2019. The Planning and Zoning Commission continued the public
hearing until September 17, 2019, at which time they concluded their public hearing. Another published
notification for the second hearing before Council will be scheduled accordingly.
PZC REVIEW
The Planning and Zoning Commission held a public hearing to consider the Application on September
17, 2019. Overall, the Commission’s review was extremely positive. They focused their review and
comments on what types of improvements should be permitted within the 10’ street setback, as well
as the absolute height of the planned building that approaches the recreation path on the south side of
the building. After reviewing existing PUD language that allows similar types of improvements (i.e.
balconies, roof overhangs) in the 75’ river setback, the Commission gained comfort with similar building
encroachments for Lot 1 up to 6’ into the 10’ street setback, with the condition that there be at least
twelve foot (12’) clearance between the ground and the lowest encroachments. Upon learning more
about the Phase two building and its relationship with the recreation path, the Commission
recommended a reduction in building height from 55’ to 50’ to ensure that the building effectively steps
down toward the adjacent path and river.
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 3 of 7
At the meeting there was little discussion regarding the Vested Rights Extension. The Planning and
Zoning Commission provided a recommendation for approval of the extension without reservation.
APPLICATION REVIEW CRITERIA
Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the Town Council shall consider the following
criteria when forming the basis of a decision on the Minor PUD Amendment:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access;
environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and
other utilities and services; or increased choice of living and housing environments.
Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC,
includes statements regarding the implementation of the Comprehensive Plan; regulating intensity
of use; avoiding increased demands on public services and facilities; and providing for compatibility
with the surrounding area, among other statements. The Application and amendments would
preserve the environmental resources of the river and result in more flexibility with the form of
future development.
Open space provisions, access, preservation of the river corridor, trails, and sidewalks are
established and unaffected with this amendment. Other development standards would remain
intact (i.e. allowed uses, special review uses, parking). The Application advances many
Comprehensive Plan policies, along with subsections (n) from the Purpose Statement of the
Development Code.
When the Riverfront PUD was established, Lot 1 was designed at a conceptual level for a timeshare
development. It is highly unlikely that timeshare use would be pursued with a new development
team, thus new housing choices could be created by a different project type with a variety of unit
sizes. As noted in the applicant’s narrative, the density will be less than the currently approved
development. The current approval for Lot 1 comprises 101 timeshare units, each with the ability to
lock off a separate accommodation unit.
Lastly, the removal of the building footprint requirements would by its nature afford a more
creative site design that can adapt to the current conditions and tie into the Westin Hotel, adjacent
streetscape, and riverfront path connection.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: Staff finds no detrimental effects on the public health, safety and/or welfare of the
Town, its residents, or guests.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 4 of 7
Staff Response: The proposed PUD amendment is part of an established PUD and is therefore not
subject to the eligibility criteria or
Public Benefit requirements outlined in
§7.16.060(b). Consistency with the
Comprehensive Plan is required, and
analysis is provided below. The
Comprehensive Plan includes this
property within District 2: The
Riverfront District.
The Riverfront District encompasses all
property surrounding the Eagle river
along the entire length of Town. The
planning principals for The Riverfront
District speak heavily to connectivity
and respecting the river environment.
All the planning principles are included
herein, with bolded principles that
relate specifically to this Application.
• Improve and enhance connections to the linear park along the river, the Eagle Valley Trail,
Town Center, Beaver Creek, and Nottingham Park.
• Seek easements where appropriate for river access.
• Limit access to the Eagle River to strategic locations for overall riparian health.
• Provide transit connections between Town Center and Riverfront District.
• Add sidewalks and landscaping along roads.
• Orient buildings to capitalize on the Eagle River as an amenity. Use sensitive site
planning, architectural detailing, articulation, and appropriate setbacks, color, screening,
and scale of structure to preserve the character of the river and its associated natural
habitat.
• Limit building height to a scale that is subordinate to Town Center and compatible with
the river environment. Buildings should be designed to step down in height as they near
the river and in response to the natural topography.
• Adhere to the Eagle River Watershed Management Plan for river setbacks and best practices for
development in proximity to the river.
• Locate parking areas and building services away from the river and reduce their impact on
the river corridor.
• Plant indigenous trees and shrubs to screen existing large residential buildings along U.S.
Highway 6 and provide landforms and landscaping between residences and U.S. Highway 6.
• Minimize the loss of trees and impact to the riparian area while achieving urban design goals.
• Develop a vibrant mix of uses consisting of bed-base development, commercial
development, recreation, and open space along the river in the area closest to Town
Center.
• Examine the potential to develop pedestrian and bicycle connections between Stonebridge
Drive and the Village at Avon District.
A previous amendment in 2017 provided for an easement and another riverfront path connection
to the regional bike trail. Buildings would be sited to protect the river by maintaining the 75’ riparian
setback and stepping down when approaching the river side of the development. It is expected
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 5 of 7
that future development will be at a lower overall scale compared to the existing development plan
approvals.
The following Goals and Policies from the Comprehensive Plan are reinforced by this application:
Policy A.1.4: Encourage development that is consistent with the overall Built Form according
to the Built Form Diagram (page 8 of the Comprehensive Plan).
Policy B.1.2: Focus lodging and guest accommodation in the Town Center.
Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse
commercial and employment opportunities, inviting guest accommodations, and high quality
civic and recreational facilities that work in concert to strengthen Avon’s identity as both a year-
round residential community and as a commercial, tourism and economic center.
Goal C.1: Ensure that development is compatible with existing and planned adjacent
development and contributes to Avon’s community image and character.
Goal D.3: Increase the number of visitors to Avon by enhancing the year-round mountain
resort community.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject
property while maintaining adequate levels of service to existing development;
Staff Response: This PUD amendment does not change the demands or ability of future
development to be served by existing installed or planned facilities and services. A reduced
demand on special services is expected.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon the natural environment, including air, water, noise, storm water management,
wildlife, and vegetation, or such impacts will be substantially mitigated;
Staff Response: When compared to the existing zoning, the proposed Minor PUD Amendment will
not result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air.
The site was platted and graded out during the formation of the Riverfront PUD and Subdivision in
2006-2007. Since that time, it has been used occasionally for overflow or event parking. It is
expected that the entire site would be disturbed for construction, whereby the storm water
management would be tied into the existing systems in place.
The Planning and Zoning Commission focused their review on the 6’ encroachment request into the
platted 10’ roadway easement bordering Riverfront Lane. This type of aerial encroachment is akin
to the allowance for projections of balconies and roof overhangs into the 75’ river setback. The
Commission recommended a stipulation that this type of encroachment cannot occur at the ground
level and may only occur 12’ or above adjacent topography.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract; and
Staff Response: No impacts exceeding those expected with the current development plan approval
would be experienced. Impacts are generally contained within the property and would be
mitigated accordingly.
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 6 of 7
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff Response: The future uses on the subject tracts would remain residential/resort and
consistent with other properties in the vicinity. The scale and density of development is retained
and overall dwelling unit range for the subdivision.
Vested Rights Extension Guidelines
Pursuant to §7.16.140(e)(2), Duration of Vested Right, AMC, the following criteria shall be considered
when determining whether to grant vested property rights extensions.
(i) The size and phasing of the development, specifically, but not limited to, whether the
development can be reasonably completed within the vested rights period;
(ii) Economic cycles and specifically but not limited to resort community economic cycles,
regional and state economic cycles and national economic cycles;
(iii) Market conditions and specifically but not limited to absorption rates for leasing and
sales of similar development projects;
(iv) Compliance with the Avon Comprehensive Plan and other community planning
documents;
(iv) Proposed public amenities and benefits that enhance the project and the overall
attractiveness of the Avon community, including the degree to which such public
amenities and benefits are defined in terms of design, timeframe and phasing with
development;
(v) Projected public financial benefits or costs estimated to be caused by the development
project, including the timeframe for realization by the Town or other public entities and
potential costs for operation and maintenance of any new public amenities or
infrastructure dedicated to the Town or other public entities;
(vi) The breadth and scope of the requested vested property right, including but not limited
to the extent to which such vested property right restricts the Town's ability to apply
future legislatively adopted fees and regulations for the purpose of providing public
infrastructure, public services and public facilities and for the purpose of meeting
evolving community needs;
(vii) The terms of any existing site-specific development plans with development
agreements for the applicant's property that specify the duration of vested property
rights;
(ix) Any proposed modifications to previously approved vested property rights to
address changed conditions within the Avon community, compliance with the
Comprehensive Plan and other community planning documents or
performance of previously approved site-specific development plans; and
(x) Any other factors deemed relevant by the Council when determining to grant a
vested property right for a period greater than three (3) years.
Staff Response: Absorption rates, and the ability to design and phase a project on this property
are real and valid considerations for PZC. The request for an addition one year of vested rights
for a second phase of a phased project is commensurate to an elongated schedule for
completion. With an exhibit to clarify the boundaries of Phase
Ordinance 19-09 Lot 1, Riverfront Subdivision
Vested Rights Extension and Minor PUD Amendment Page 7 of 7
ATTACHMENTS
A – Riverfront Village Minor PUD Amendment Narrative, dated August 5, 2019
B – Vested Property Rights Extension Request Letter, dated August 9, 2019
C – Planning and Zoning Commission Records of Decision and Recommendations
D – Ordinance 19-09
Exhibit A -Vested Rights Extension
Exhibit B -Amendment to PUD Development Plan for Lot 1
RIVERFRONT VILLAGE
Minor PUD Amendment
Minor PUD Amendment Submitted:
Lot 1 | Riverfront Village PUD August 5, 2019
FOR TOA REVIEW
Attachment A
2 | Page
A. INTRODUCTION
The applicant and owner Points of Colorado, Inc. is hereby requesting a Minor PUD Amendment to
amend Lot 1 of the Riverfront PUD and Subdivision.
As represented in Exhibit B to Ordinance 17-16 (see Sheet 3 of 3 below) the PUD Development Plan
currently in effect identifies specific building footprints for Lot 1. The specific development plan and
density represented is no longer valid. The goal of the request is to amend the exhibit to remove the
specific building footprints in order to provide greater flexibility in site design. In addition, the minor
PUD amendment proposes the density for Lot 1 to be lowered to a range of 60 to 100 units, where
previously a density of close to 100 units was targeted for Lot 1. This maintains the density in the
current PUD for Lot 1 while allowing flexibility for a reduced density of units and different configuration
upon the site to be determined during the development plan design and review process. These updates
in the PUD will allow the development to adapt to site and market conditions.
Sheet 3 of 3 of Riverfront Subdivision – Exhibit B to Ordinance 17-16
*Note specific building outlines and footprints that are included in the development plan for Lot 1.
These outlines are proposed to be removed from Lot 1 by this minor PUD amendment application.
Attachment A
3 | Page
Specifically, the applicant is requesting the Town of Avon to remove Sheet 3 of Exhibit B of the PUD
Development Plan and replace with an updated exhibit showing a sub-division plan with no specific
building footprints upon Lot 1 (reference figure A). In addition, an enlargement plan of just Lot 1 is
included with the amendment as new Sheet 4, showing all existing easements and setbacks in Lot 1
maintained per the original PUD (reference figure B).
Figure A. New Sheet 3 of Exhibit B for Lot 1 PUD Development Plan showing building footprints on Lot 1 removed.
Figure B. New Sheet 4 of Exhibit B Lot 1 PUD Development Plan showing Lot 1 with PUD setbacks and easements.
Attachment A
4 | Page
The applicant is also requesting minor amendments to Sheets 1 and 2 of Exhibit B, consisting of re-
defining the minimum building setback along the southern boundary of Lot 1, the allowance for a 6’
encroachment for balconies and eaves into the 10’ road right-of-way setback, adjustment to Lot 1 height
limitation in the Land Use Table, and a minor revision to language in the design standards, specifically
to site and architectural guidelines that apply to Lot 1 exclusively.
Minor amendment to General Notes of Sheet 1 - Item 2a and 2c:
In reference to item 2a of the General Notes, the current language identifies the minimum building
setback for the southern portion of Lot 1; as the Northern Boundary of Tract “A” or 75’ from the Mean
Annual High-Water Mark. The applicant is proposing that the minimum setback from the river on Lot 1
coincide with the northern boundary of the utility, path, and drainage easement located along the
southern boundary of Lot 1, because this easement line is essentially the de facto setback. This proposed
setback is more restrictive than what the current language describes and will ensure ample space
between the development, pedestrian path, and the river. The applicant is proposing the following
language for item 2a. “River: all buildings shall be setback the more restrictive of i) seventy-five feet
(75') from the Mean Annual High Water Mark or ii) the northern boundary line of Tract "A".
Notwithstanding the foregoing, Lot 1's minimum setback shall be the northern boundary line of the
utility, path, and drainage easement located along the southern boundary line of Lot 1.
Encroachments for porches/decks/overhangs/eaves are permissible subject to design review and
easement grantees approval as to specific locations and dimensions.”
In reference to item 2c of the General Notes, the current language allows for 3’ aerial encroachments
into the 10’ minimum building setback from road rights-of-way, but only for the northwest wing of
Building F, which is currently the Westin Hotel. The applicant would like to allow for 6’ aerial
encroachments of eaves and balconies into the right-of-way building setback on Lot 1. This will allow
the applicant to maximize the useable building area within the lot and provide design flexibility that will
translate into a more interesting roof design and building façade. The applicant is proposing the
following language for item 2c. “Right -of -way: Buildings shall have a minimum setback of ten feet
(10') from road rights-of -way. Subterranean encroachments shall be permitted into this setback.
Aerial encroachments (such as balconies and eaves) of up to six feet (6') shall be permitted into this
setback for all buildings located on Lot 1.”
Minor amendment of Land Use Table, Lot 1 Height Limitations:
The applicant is proposing eliminating reference to buildings ‘G’ and ‘H’ in the portion of the table
addressing height limitations for Lot 1, and in keeping with the elimination of specific building
footprints for buildings G and H in Sheet 1 of the Exhibit B. The applicant is proposing the following
language to replace the prior language: “105’ maximum height limitation, except areas of the lot falling
within 50’ from the southern boundary, where a maximum height of 55’ will apply.”
This new language addresses the prior height limitation along the southern edge of the project where
Building ‘H’ was previously proposed along the majority of the southern frontage of Lot 1 and the Eagle
River open space and recreation corridor. The current development concepts for Lot 1 contemplate a
greater opening to the River, with less massing along the southern edge of Lot 1 than the original design
of Building H, which was contemplated to be 45’ maximum height. The proposed maximum height of
55’ within the first 50’ of the lot along its southern boundary, will ensure the River corridor is
maintained, while allowing the development to take advantage of the river frontage in a manner that is
in scale and compatible with surrounding development and the adjacent recreation path connection.
Attachment A
5 | Page
Only small portions of new buildings are contemplated to be within 50’ of the southern boundaries, and
these minor protrusions are anticipated to be no greater than 3 to 4 stories, within the proposed 55’
height limit for this zone.
Minor amendment of Architectural Guidelines:
The following amendment to PUD Design Standards Section II. Site and Village Guidelines, C. Site,
Materials and Colors, 2. Site Walls, and Section IIIA. Architectural Design Guidelines, A. Building Form
and Massing items 2 and 7 are proposed to apply to Lot 1 only, to introduce more flexibility in the
architectural expression of the future development and use of natural materials: (reference bold
italicized text for new proposed text additions and or strike-out and deletions).
Section II. Site and Village Guidelines, C. Site, Materials and Colors, 2. Site Walls, a):
Site walls shall make use of more contemporary materials such as colored concrete masonry,
stained concrete, board-formed concrete, and similar materials, in colors complementary to the
site and its buildings. Site walls shall relate to plaza materials and building bases to help visually
merge the ground plane around the site. Boulder walls shall be permitted in those areas where
walls transition the project to natural and surrounding grades and shall require the approval of
the Planning and Zoning Commission during design and development plan review.
Section IIIA. Architectural Design Guidelines, A. Building Form and Massing Item 2
Smaller masses, such as portions of the building or elements such as porte-cocheres, etc., will be
used to break up the apparent size of larger building forms. Smaller masses positioned in front
of large masses will be used to reduce the visual dominance of the larger forms, with particular
emphasis in stepping back building height, bulk, and mass in the areas of Lots that are located
along the river corridor and recreation path interface.
Section IIIA. Architectural Design Guidelines, A. Building Form and Massing Item 7
Given the modern alpine character of the architecture at Riverfront Village, relatively small roof
overhangs are encouraged for buildings on Lots 1, which are visually and compositionally related
to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At
other locations within Riverfront Village the minimum roof overhang shall be 24 inches for
primary roofs and 12 inches at secondary dormers.
Aside from the items requested in this Minor PUD Amendment, all other aspects of the current PUD
remain un-altered and in effect for all Lots that are part of the PUD.
The overall property is 1.7 acres and is surrounded by the Eagle River to the south, Riverfront Lane to
the north, Avon Road to the east and the Westin Riverfront Hotel to the west. The Eagle Valley Regional
Trail and the Riverfront park that border the site to the south are part of the program of amenities and
public benefits that have been implemented as part of the Riverfront PUD. The proposed Minor PUD
amendment respects setbacks and easements established by the original PUD in 2006 and recorded
amendment in 2017. The PUD amendment proposes only to remove specific building footprints
previously assigned to Lot 1. There are no proposed changes in allowed uses or density for the
Attachment A
6 | Page
Riverfront PUD as part of this amendment. A range of density from 60 to 100 units is requested to
provide greater flexibility for the development to adjust to market conditions. Preliminary development
concepts will be shared with the Town during the minor PUD amendment review demonstrating the
intended development plan consistent with the requested PUD amendment.
The remainder of this narrative provides an evaluation of the proposed Minor PUD amendment against
the criteria for review as set forth by the Town, as well as an analysis of compliance against the Town’s
Comprehensive Plan and Development Code.
B. CRITERIA FOR REVIEW
Section 7.16.060. (e)(4) establishes the criteria for review of a PUD amendment. Section
7.16.060(e)(4) states:
Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a
recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD
plan, or process a PUD amendment:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in the over what could have been accomplished through strict application
of otherwise applicable district or development standards. Such improvements in quality may include
but are not limited to: improvements in the open space provision and access: environmental
protection; trees / vegetation preservation; efficient provision of streets, roads, and other utilities and
services; or increased choice of living and housing environments.
Applicant Response: The proposed minor amendment to the Riverfront Village PUD is to remove the
specific development plan and building footprints previously assigned to Lot 1 and to allow a decreased
range of density from 60 to 100 units. This request will provide greater flexibility for the development to
adjust to market conditions. The request is appropriate as it respects all original easements and setbacks
of the property and remains consistent with the original approval of the Riverfront Village PUD.
Eliminating specific building footprints may allow a reduction in the overall size, bulk and mass of the
proposed condominium buildings. The amendment will allow future developments to apply different
units and development prototypes that are more appropriate for present day market conditions and
demands.
The amendment honors the town’s 75’ riparian stream setback, and the open space and recreation
corridor previously established by the Riverfront Village remains intact. With the 2017 PUD
amendment an easement for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane
was provided to the Town by the Owner of Lot 7, significantly benefitting the Town’s overall pedestrian
circulation network. As part of the creation of the PUD in 2006 an Employee Housing Contribution of
$846,000 was made by the master developer to meet the Town’s housing requirements, and with the
2017 PUD amendment (2) deed restricted units are included in the Lot 4 Riverfront Lodge development.
These are examples of actions taken as part of the PUD that are of substantial benefit to the Town.
Attachment A
7 | Page
This PUD Amendment is not subject to the Town’s new inclusionary housing standards as Ordinance
19-03 clearly states that “Properties with pre-existing vested rights are exempt from these
requirements.” [Section 3(c)(3)] The Town has specifically acknowledged and approved the currently
existing vested rights for Lot 1 per Ordinance 17-16. All obligations as related to employee housing
were included as part of the original PUD approval for Riverfront Village. In that density is not being
increased for Lot 1 by this Amendment, the minor design changes do not trigger additional employee
housing obligations.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Applicant Response: All aspects of the current Riverfront Village PUD remain in place and in effect as
originally approved in 2006. The PUD amendment only seeks flexibility in density for Lot 1, to allow a
revised development concept but otherwise remains consistent with the overall vision and land uses for
the area within Lot 1. Remaining consistent with the original PUD will promote the public health,
safety, and general welfare of the Town. Open space has been preserved and public river access is
being maintained via this Minor PUD Amendment application.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7. I 6.060(b);
The eligibility criteria for a PUD are outlined in Section 7. I 6.060(b) and state the following:
(I) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD
approval.
(2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the
Avon Comprehensive Plan.
(3) Consistent with PUD Intent the proposed development shall be consistent with the intent and
spirit of the PUD purpose statement in §7. I 6.060(a).
(4) Compatibility with Existing Uses. The proposed development shall not impede the continued
use or development of surrounding properties for uses that are permitted in the Development Code or
planned for in the Avon Comprehensive Plan.
(5) Public Benefit. A recognizable and material benefit will be realized by both the future residents
and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be
infeasible or unlikely.
(6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or
other significant features or open space will be achieved, where such features would otherwise be
destroyed or degraded by development as permitted by the underlying zoning district
(7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with
all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses
in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood.
Attachment A
8 | Page
Applicant Response: As demonstrated within this document, all aspects of the current Riverfront Village
PUD remain in place and in effect as originally approved in 2006 and amended in 2017, and therefore
the PUD amendment is consistent with the Avon Comprehensive Plan and the eligibility criteria
outlined in §7. I 6.060(b) and the purpose of the Town’s Development Code. The PUD amendment
seeks greater flexibility in density as well as minor revisions to the site guidelines of the PUD
Development Plan as described in the introduction. No deviations or variances from the Town’s
Development Code are proposed nor anticipated in association with the minor PUD amendment. The
proposal is consistent with the eligibility criteria for a PUD given the conformance and adherence to all
aspects of the original PUD Development Plan approval granted in 2006 and amended in 2017.
The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon
Development Code:
The Development Code is intended to promote and achieve the following goals and purposes for the
Avon community, including the residents, property owners, business owners and visitors:
(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;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(c) Comply with the purposes stated in state and federal regulations which authorize the
regulations in this Development Code;
(d) Avoid undue traffic congestion and degradation of the level of service provided by streets and
roadways, promote effective and economical mass transportation and enhance effective, attractive and
economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation of
viability, all to conserve the value of the investments of the people of the Avon community and
encourage a high quality of life and the most appropriate use of land throughout the municipality;
(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;
Attachment A
9 | Page
(h) Minimize the risk of damage and injury to people, structures and public infrastructure created
by wildfire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards;
(i) Achieve or exceed federal clean air standards;
j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion,
reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams
and enhancing public access to recreational water sources;
(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;
(I) Promote architectural design, which is compatible, functional, practical and complimentary to
Avon's sub-alpine environment;
(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;
(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;
(o) Promote quality real estate investments which conserve property values by disclosing risks,
taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting
accuracy in investment expectations; and
(p) Promote the health, safety and welfare of the Avon community.
Applicant Response: As demonstrated within this document, the proposal is consistent with and in
substantial compliance with the purpose of the Development Code by allowing greater flexibility in
overall density, and a potential reduction than is currently allocated for Lot 1. The proposal will
maintain setbacks to the sensitive riparian area within the 75’ stream setback that will remain mostly
open space. A previous amendment in 2017 resulted in a new easement at the west end to allow for
additional connectivity from Riverfront Lane to the Eagle Valley Regional Trail. This easement has been
provided to the Town in 2018. No deviations or variances from the recorded PUD for Riverfront Village
are proposed nor are anticipated in association with the minor PUD amendment. The ultimate
development plan will meet the goals of Avon’s Comprehensive and Development codes by providing a
development concept that promotes quality real estate compatible with surrounding land uses and
fulfills the vision of the Riverfront Village PUD. Further, we have complied with the requirements for
employee housing as part of the PUD in 2006 and 2018.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable will be available to serve the subject
property while maintaining adequate levels of service to existing development;
Attachment A
10 | Page
Applicant Response: Facilities are in place and available per the current development in place at
Riverfront Village PUD and the infrastructure and service network is already implemented in
anticipation of the full build-out for the PUD. All utility and access easements are in place as originally
established by the original PUD, and they are being honored and preserved. The development may
connect underground to the Westin hotel garage, which would further alleviate stacking on Riverfront
Lane when large volumes of traffic are entering the hotel drop-off.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water management,
wildlife, and vegetation, or such impacts will be substantially mitigated;
Applicant Response: Given the proposed flexibility in density from the current PUD underlying zoning,
the PUD amendment proposal is not likely to result in significant impacts to the natural environment.
The existing easements including the 75’ stream setback will be maintained and respected along the
Eagle River and the Eagle Valley Regional Trail.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
Applicant Response: The proposed PUD remains consistent with the current PUD in effect, with the
same land use assignments and similar condominium concept. Only greater flexibility in the overall
density is proposed by the PUD amendment, which is not likely to result in significant adverse impacts
upon other property in the vicinity of the subject tract.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses
on other properties in the vicinity of the subject tract.
Applicant Response: The proposed amendment is to allow greater flexibility in the overall density of
development in the areas occupied by Lot 1. The proposed range of density of 60 to 100 units will
allow the applicant to create a development plan that responds to current economic and market
conditions. The density is not increased per the original PUD approval and there is no change in the
existing underlying residential land use. Therefore the uses on the subject tract will be compatible in
scale with uses or potential future uses on other properties in the vicinity of the subject tract.
Attachment A
Attachment B
Attachment B
Attachment C
Attachment C
Attachment C
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
October 22, 2019 – SECOND READING Page 1 of 8
TOWN OF AVON, COLORADO
ORDINANCE 19-09
AMENDING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT
FOR THE CONFLUENCE TO EXTEND THE VESTED PROPERTY RIGHTS AND
APPROVING A MINOR PUD AMENDMENT FOR LOT 1, RIVERFRONT
SUBDIVISION
WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation and
body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, Points of Colorado Inc. (“Applicant” and “Owner”) has submitted a Vested
Property Rights Application dated August 9, 2019 (“Vested Rights Application”) to amend the
term of vesting outlined in the Amended and Restated Development Agreement for the Confluence
approved by Ordinance 06-03 (“Development Agreement”), as subsequently amended by
Ordinance 17-17, which vested rights are currently set to expire March 18, 2021; and
WHEREAS, Owner intends to develop Lot 1 in two phases, with one building being
constructed on Lot 1 as “Phase 1” and a second building being constructed on Lot 1 as “Phase 2”;
and
WHEREAS, the Vested Rights Application seeks amendment of Section 2.2. of the
Development Agreement to extend the expiration date for vested rights to March 18, 2024 for
phase one of Lot 1 and March 18, 2025 for phase two of Lot 1; and
WHEREAS, the Applicant submitted a concurrent Minor PUD Amendment Application
(“Minor PUD”) to amend the development standards and design guidelines for Lot 1 of the
Riverfront Subdivision PUD Development Plan (“Project”); and
WHEREAS, the Vested Rights Application and Minor PUD are being reviewed and processed
concurrently pursuant to Avon Municipal Code §7.16.020(b)(4), Concurrent Review Permitted;
and
WHEREAS, pursuant to Avon Municipal Code §7.16.140(f), Extension of Vested Property
Rights, the Town Council finds the Vested Rights Application eligible for consideration since the
Application was submitted at least six (6) months prior to the expiration of the Vested Property
Rights approved by Ordinance 17-17; and
WHEREAS, the Town Council of the Town of Avon held public hearings on October 10,
2019 and October 22, 2019 after posting notice of such hearings in accordance with the
requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all
comments provided before acting; and
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
October 22, 2019 – SECOND READING Page 2 of 8
WHEREAS, the Town Council makes the following specific findings as the basis for its
decision as required by Avon Municipal Code §7.16.020(f)(3):
A. The Vested Rights Application meets the review criteria set forth in Avon Municipal
Code §7.16.140(e)(2); specifically:
1) Property values and the real estate market experienced a significant downturn for
several years, commencing locally in early 2009 and continuing for several years
during the initial vested rights period and market conditions for the construction of
new multi-family residential product have improved only recently; and,
2) There have been no changes to the Avon Comprehensive Plan or other community
planning documents that affect the Project as originally approved in 2006;
therefore, the project continues to comply with the Avon Comprehensive Plan and
other community planning documents; and,
3) The Project has provided public amenities through the dedication of land for the
Eagle river path, water rights dedications, river path construction, landscaping
improvements, and employee housing mitigation; and,
4) The extended duration of the vested property rights for the requested period is
reasonable considering the local, state and national economic recovery and local
market conditions for new construction of residential product.
WHEREAS, the Town Council makes the following specific findings as the basis for its
decision on the Minor PUD as required by Avon Municipal Code §7.16.020(f)(3):
A. The Application meets the eligibility requirements for a Minor PUD Amendment by
not increasing density, increasing the amount of nonresidential land use, or
significantly altering any approved building scale and mass of the development.
B. The PUD Amendment does not change the character of the development and maintains
the intent and integrity of the Riverfront PUD with condominium and multi-family
residential land uses with higher density on east side of Properties and reduced density
moving west.
C. The Application is in conformance with Avon Municipal Code §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.
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 Avon
Development Code 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
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
October 22, 2019 – SECOND READING Page 3 of 8
Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, the follow
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. Riverfront Development Agreement Amendment. The Amendment to the
Amended and Restated Development Agreement: The Confluence, attached hereto as Exhibit A is
hereby approved. The Mayor and Town Clerk are authorized to execute the Amendment to the
Amended and Restated Development Agreement: The Confluence.
Section 3. Riverfront Minor PUD Amendment Approved. The Riverfront Subdivision
PUD Development Plan, attached hereto as Exhibit B, is hereby approved and the Mayor and
Town Clerk are authorized to execute the PUD Plan Amendment.
Section 4. Recording. The Town Clerk shall cause the fully executed Amendment to the
Amended and Restated Development Agreement: The Confluence and the Development
Agreement Amendment and the amended Riverfront Subdivision PUD Development Plan to be
recorded at the Eagle County Clerk and Recorder’s Office.
Section 5. 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 6. 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 7. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 8. Safety Clause. The Council hereby finds, determines and declares that this
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
October 22, 2019 – SECOND READING Page 4 of 8
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 Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on October 10, 2019 and setting such public hearing for October 22, 2019 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on October 22, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Michael Sawyer, Special Counsel Attorney to Town
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
October 22, 2019 – SECOND READING Page 5 of 8
EXHIBIT A:
AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREMENT The
Confluence
THIS AMENDMENT to the Amended and Restated Development Agreement The
Confluence, dated March 14, 2006, (“Amendment”) is made and entered into on October 3,
2019, by and between Points in Carbondale, Inc., a Colorado corporation (“Owner”) and the
Town of Avon, a Colorado home rule municipal corporation (“Town”).
WHEREAS, the Owner applied to the Town for an extension of the vested property
rights for Lot 1, Riverfront Subdivision, which the Avon Town Council approved by Ordinance
19-09 on October 22, 2019.
NOW, THEREFORE, in consideration of the foregoing and the terms in the Amendment,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owner and Town agree as follows:
1. Section 2.2 Term is hereby amended to add the following language,
“Notwithstanding the foregoing, Owner and Town agree that the Term of this
Agreement and the vested property rights established under this Agreement shall
continue for Lot 1, Riverfront Subdivision as follows: For Phase 1 of Lot 1 are depicted
on Exhibit 1 here to, until March 18, 2024; For Phase 1 of Lot 1 are depicted on Exhibit
A here to, until March 18, 2025”.
2. All other terms of the Agreement shall remain the same.
[SIGNATURE PAGES BELOW]
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
October 22, 2019 – SECOND READING Page 6 of 8
OWNER:
Points of Colorado, Inc., a Colorado corporation
By: _____________________________
Name: ___________________________
Title: ____________________________
STATE OF ________________ )
) ss:
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2019, by __________________ as ___________________ of _______________________ a
________________________.
Witness my hand and official seal.
My commission expires: _________________
_____________________________________
Notary Public
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
October 22, 2019 – SECOND READING Page 7 of 8
TOWN:
TOWN OF AVON, a Colorado home rule municipal corporation
By: _______________________ Attest: _______________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
STATE OF COLORADO )
) ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me on ____________________, 2019, by
Sarah Smith Hymes, as Mayor of the Town of Avon, and Brenda Torres, as Town Clerk of the
Town of Avon.
Witness my hand and official seal.
My commission expires: ____________________
________________________________________
Notary Public
Attachment D
Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD
October 22, 2019 – SECOND READING Page 8 of 8
Exhibit 1 – Phase 1 and Phase 2 Map
[INSERT MAP]
Attachment D
PUD Signature BlocksOwner's CertificateKnow all men by these presents that being the sole owners in fee simple of all that realproperty described as follows:Lot 1 Riverfront Subdivision: located in the south 1/2 of Northwest 1/4 Section 12, Township 5 South,Range 82 West of the Sixth Principal Meridian.We agree to develop the plan as depicted on this site plan.By: _______________________________Points of Colorado, Inc.Address: CONFIRM ADDRESS TO USE FOR POINTS OF COLORADO, INCThe foregoing signatures were acknowledged before me this________ day of__________________, 2019, by _____________________________My Commission expires: _____________________ Witness my hand and seal ______________________ Notary PublicTown CertificateThis Planned Unit Development Plan and the uses, zoning standards and densities areapproved for The Riverfront PUD, (Ordinance 19-XX by the Town Council ofthe Town of Avon, County of Eagle, State of Colorado, this ______ day of________________, 2019, for filing with the Clerk and Recorder of the County ofEagle. Said approval shall in no way obligate the Town of Avon for any improvementsand approval of this PUD Development Plan by the Town is a consent only and is not to be confused as anapproval of the technical correctness of this plan or any documentation relating there to.WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TOWN COUNCIL OF THE TOWN OF AVON By: ________________________________ Sarah Smith-Hynes, Mayor Attest: _____________________________ XXXXX XXXXXXXX, Town ClerkDevelopment Standards* NO CHANGE - ALL DEVELOPMENT STANDARDS UNDER EXISTING PUD DEVELOPMENTPLAN APPLY TO LOT 1Residential/Lodging Uses1. Hotel rooms and suites;2. Lodge rooms;3. Condominiums;4. Townhomes;5. Time-share, vacation ownership, and fractional fee ownership; and6. Accessory or incidental uses consistent with Residential/Lodging Uses at the discretion of the Zoning Administrator.Lodging Support Uses1. Fitness facilities, locker rooms, reception, and related amenities and services;2. Indoor and outdoor recreation (e.g. pools, jacuzzis, game rooms);3. Ski valet and storage;4. Front desk and lobby;5. Concierge, valet and bell service areas;6. Business centers;7. Housekeeping and laundry facilities;8. Storage;9. Mechanical rooms;10. Restrooms;11. Administrative spaces used by personnel providing Hotel/lodging services (e.g. reservations, accounting);12. Maintenance facilities;13. Meeting pre-function and support spaces; and14. Other accessory or incidental uses consistent with Lodging Support Uses at the discretion of the Zoning AdministratorStandard Commercial Uses1. Retail Stores;2. Specialty Shops;3. Restaurants, Bars and Cocktail Lounges;4. Wellness Centers (such as physical therapy, medical);5. Personal service shops;6. Professional offices, including real estate brokerage and development offices;7. Ski School Facilities;8. Lift Ticket Sales Facilities;9. Financial Institutions;10. Offices; and11. Other accessory or incidental uses consistent with Standard Commercial Uses at the discretion of the Zoning AdministratorIncidental Commercial Uses1. Spa treatment rooms, spa retail, spa salon, and2. Meetings and conference rooms;Public Uses1. Transportation facilities;2. Public plazas;3. Public restrooms; and4. Public parks and walkways.Temporary Facilities1. Vacation Ownership/Time Share sales centers of up to 7,000 square feet within the Hotel or Vacation Ownership/Time Sharebuildings for up to ten years from the issuance of a Temporary Certificate of Occupancy of the first Vacation Ownership/TimeShare building; and2. Other temporary facilities are subject to Special Review Use.Special Review Uses1. Theatres;2. Churches;3. Bed and Breakfast lodges; and4. Temporary facilities not approved (above) under Temporary Facilities.Land Use Table:LAND USE TABLE MODIFIED FOR LOT 1 ONLY AS FOLLOWS:Parking* NO CHANGE - ALL PARKING STANDARDS UNDER EXISTING PUDDEVELOPMENT PLAN APPLY TO LOT 1.Specific requirements by UseFive (5) spaces/1000 GLFA:1. Retail Stores;2. Specialty Shops;3. Restaurants, Bars and Cocktail Lounges public spaces (excludes storage, kitchens and other"back of house" spaces);4. Wellness Centers (such as physical therapy, medical);5. Personal service shops;6. Professional offices, including real estate offices at the plaza level;7. Ski School Facilities;8. Lift Ticket Sales Facilities; and9. Financial Institutions;Four (4) spaces per 1000 GLFA1. Professional Offices/Offices, if any, on the fifth floor of the Hotel.Two (2) spaces per 1,000 GLFA1. Spa treatment rooms, spa retail, spa salon; and2. Meetings and conference rooms.Hotel1. One (1) space for each Accommodation Unit (as defined in the Development Agreement).2. 1.2 spaces for each Dwelling Unit (as defined in the Development Agreement).Vacation Ownership1. 0.75 spaces per bedroom, maximum of 1.5 spaces per Residential Unit.Condominiums and Townhomes other than a Hotel1. Lots 1,2 & 3 - no change proposed (1.2 space per unit for Lot 1)2. Lot 4 Condominium Units - 1.0 spaces per unit or as approved in the development plan.3. Lot 4 Townhome Units - 1.2 spaces per unit or as approved in the development plan.General:1. Compact parking spaces shall not exceed ten percent (10%) of total parking for the entireproject.2. Total required parking (as defined above) shall be reduced by 15% for facilities on Lots 1, 2and 3 only.3. Standard parking spaces on Lots 1 and 3 shall be a minimum width of 8'9'", with standardlength of 18' and standard drive lane width of 24'.Lot 1 PermittedUses byRight SpecialReviewUsesBuildingHeight*StandardCommercial;IncidentalCommercial;ResidentialLodging Uses;LodgingSupport Uses;TemporaryUses and Facilities;Public UsesTheatres;Churches;OtherTemporaryFacilities;105' maximumheight limitation,except areas ofthe lot fallingwithin 50' fromthe southernboundary,where amaximum heightof 55' will apply.General Notes* ITEMS 2a AND 2c AMENDED. ITEMS 3 AND 4 ADDED TO THE GENERAL NOTES. ALL OTHER GENERAL NOTES UNDER EXISTING PUDDEVELOPMENT PLAN APPLY TO LOT 1.1. This PUD Plan contains the development standards and uses for the Riverfront PUD. Other uses and provisions of the Town of Avon Municipal Code notspecifically addressed herein, or in the related development agreement, shall apply to the Riverfront PUD.2. The minimum building setbacks shall be as follows:a. River: all buildings shall be setback the more restrictive of i) seventy five feet (75') from the Mean Annual High Water Mark or ii) the northern boundary line of Tract "A". Notwithstanding theforegoing, Lot 1's minimum setback shall be the northern boundary line of the utility, path, and drainage easement located along the southern boundary line of Lot 1. Encroachmentsfor porches/decks/overhangs/eaves are permissible subject to design review and easement grantees approval as to specific locations and dimensions.b. Lot Lines: Buildings shall have a zero foot (0') setback from internal lot lines. Buildings shall have a minimum twenty-foot (20') setback from RiverfrontSubdivision perimeter lines. Notwithstanding the foregoing, Lot 7's setback from its northern perimeter line shall be ten (10) feet.c. Right-of-way: Buildings shall have a minimum setback of ten feet (10') from road right-of-ways. Subterranean encroachments shall be permitted intothis setback. Aerial encroachments (such as balconies and eaves) of up to six feet (6') shall be permitted into this setback for all buildings located on lot 1.3. The purpose of this PUD Amendment is to modify the height limitation, architectural guidelines, and remove the specific building footprints for Lot 1 to allow for greater flexibility in design andphasing.4. This Amendment to PUD Development Plan amends the PUD Development Plan for Riverfront Subdivision adopted by Town Ordinance No. 17-16 and recorded at Reception No. 201800835,Eagle County, Colorado (the “Existing PUD Development Plan”) solely with respect to Lot 1, Riverfront Subdivision (“Lot 1”). References herein to new or modified PUD standards,requirements and/or uses apply to Lot 1 only. Except as herein amended for Lot 1, the Existing PUD Development Plan remains fully binding and valid.Notes:Actual building heights at various locations on each Lot shall be establishedthrough the Town's design review approval process, based on the criteriaestablished in the Town of Avon Municipal Code.In all instances, the maximum allowable percentage of a building ridgeline tobe at or near the maximum height shall be governed by the more restrictivecriteria of the Riverfront Design Standards and the Town of Avon MunicipalCode.Architectural Design and Massing: Final building design shall be establishedthrough the Town's design review approval process, based on the criteriaestablished in the Town of Avon Municipal Code.B09
R I V E R F R O N T V I L L A G EAvon, ColoradoDESIGN STANDARDSFebruary 23, 2006*amended December 12, 2017*amended August 5, 2019 for Lot 1I. Vision Statement for Riverfront VillageNO CHANGE - VISION STATEMENT AND DESIGN STANDARDS RECORDED UNDER EXISTING PUD DEVELOPMENT PLAN REMAIN IN PLACE AS RECORDED. A. Scope of Design Standards 1) The following Design Standards for Riverfront Village have been established to ensure the overall quality and compatibility of the Village with the Town of Avon and its riverfront site. In general these Standards shall apply to all buildings and plaza areas within Riverfront Village, with the exception of the Hotel building, or as otherwise noted. 2) An important aspect of the Riverfront Village vision is responsible care for the environment and sustainability of the architecture and landscape. To this end, best efforts will be made to meet the principles set forth in the LEED (Leadership in Energy and Environmental Design) Green Building System for the Hotel. In addition, all other buildings within the Village will be designed with sensitivity to the sustainability aspects of site and architectural design. B. Architectural Theme 1) Riverfront Village represents an important interface between the Town of Avon and Beaver Creek Ski Resort. It is envisioned as a lively gathering place connecting the river, mountain and town- a pedestrian friendly environment where townspeople and guests can stroll from Avon's western Town Center, through the resort retail plaza, to ride the gondola up to the mountain or to step down to the river. 2) The village is situated on the seam between the town and the mountain landscape and should therefore strike a balance between the two environments, creating an architectural expression that captures both alpine and townscape traditions. To achieve this balance, the architecture shall take advantage of materials inherent to successful mountain resort architecture-such as stone, wood, and other natural materials, combined with more contemporary materials such as stucco, metal, and recycled products. 3) The Architectural Theme will also feature the use of large areas of glass, clean building forms based on pure geometries, strong, simple detailing (not overly rustic, "heavy," or overstated), and the bolder proportions appropriate to the larger scale of the Town. C. Design of Public Spaces 1) A public plaza will be used to link the Town of Avon to the Eagle River. This link should be reinforced in both a physical and perceptual way through the use of paving materials, landscaping, and sensitive spatial planning. Spatial planning shall include components that reinforce the connectivity of the Town to the River, and avoid elements that act as barriers to this connection, such as planter walls that block pedestrian flow, landscaping that screens the visual connection between Town and River, etc. D. Pedestrian orientation 1) A pedestrian corridor, connecting the town to a retail plaza with gondola, will gracefully transition from the plaza to the riverfront promenade by way of a staircase and stepped terraces merging with the natural landscape. This transition will avoid barriers from the Town to the River, and include elements which reinforce this connection, including similar paving materials, wide pedestrian ways that encourage movement, active signage and wayfinding, and a gracious grand stair with oversized treads and minimal risers. 2) Pathways shall also create a network within the Village itself, linking the different buildings along the length of the site and providing pedestrian access to defined access/gathering points along the River. The Plaza and pathways within Riverfront Village should encourage a pedestrian-friendly environment. E. View Corridors 1) A primary southern view corridor to the mountains shall be maintained from the eastern railroad crossing through the public plaza to help reinforce the connection between the Town and the ski mountain. 2) An east-west view corridor along the Eagle River will also be maintained through the preservation of a 75-foot river setback throughout most of the site, with limited minor encroachments as allowed in the development plan. In addition, the Riverfront Park will act as a natural corridor along the river edge portion of the Village and act to enhance this view corridor. F. The Natural Environment 1) The Eagle River is a primary amenity for the Town of Avon and Riverfront Village. Links to the River shall be developed as special pedestrian ways to help activate this wonderful amenity. 2) The 75-foot river setback will be largely left in its natural state, and certain defined river access and gathering points should be created along the linear riverfront path. 3) In general, additional plantings within the river setback will be riparian in character and relate to plantings indigenous to river edge environments. More formal planting areas -- such as small sections of lawn, however, are encouraged at special gathering and access points to highlight these more formal features. Formal plantings featuring annuals are not permitted within the 75-foot setback. 4) In an effort to enhance the natural environment, site walls and site walkways should become more "organic" as they approach the river edge portion of the Village. Any walls installed south of the bike path shall be limited to boulder walls. Accessibility shall be considered when designing walkways.II. Site and Village GuidelinesITEM C.2. SITE WALLS AMENDED. ALL OTHER SITE AND VILLAGE GUIDELINES UNDER EXISTING PUD DEVELOPMENT PLAN APPLY TO LOT 1. A. Primary Building Entries 1) Primary building entries shall be emphasized as welcoming portals through careful attention to massing, scale, and materials. This will ensure that Riverfront Village will not turn its back to Avon. Portals will be scaled to encourage pedestrian movement through them-and avoid overwhelming or diminutive massing-and they will be treated with materials that enhance this experience. The front doors of buildings should be treated in interesting ways, either through the use of glass or special designs and materials that provide interest to these special areas of each building. 2) Massing of entries shall relate to the overall massing of the buildings but be presented as special forms different than typical building bays. Sensitivity to scale should be considered when transitioning from the overall larger building mass to the more intimate scale of the pedestrian visitor. Designers are encouraged to use materials in interesting ways at primary building entries to reinforce their unique role as part of the building and as part of the overall Village streetscape. B. Solar Access 1) A solar access study shall be required for buildings exceeding 3 stories in height. These studies will convey shading impacts at summer and winter solstice (Jun 21 and Dec 21), and at vernal and autumnal equinox (Mar 21 and Sept 21). C. Site Materials and Colors 1. Plaza materials a) Rustic materials common in mountain towns and/or a more contemporary interpretation of these materials such as cut stone pavers, colored concrete pavers, and stained or colored concrete slabs are appropriate to the Village. Colors shall be complementary to the site and its architecture, avoiding bright or brilliant hues that distract from the pedestrian experience.the le 2. Site walls a) Site walls shall make use of more contemporary materials such as colored concrete masonry, stained concrete, board-formed concrete, and similar materials, in colors complementary to the site and its buildings. Site walls shall relate to plaza materials and building bases to help visually merge the ground plane around the site. Boulder walls shall be permitted in those areas where walls transition the project to natural and surrounding grades, and shall require the approval of the Planning Commission during design and development plan review. D. Site Signage - Design, materials, and colors 1) Site signage shall be designed to help animate the plaza and be consistent and compatible with the design and materiality of the buildings. Site lighting will also be used to enhance the pedestrian experience at the Plaza level.III. Architectural Design GuidelinesITEMS A. 2) AND 7) AMENDED. ALL OTHER ARCHITECTURAL DESIGN GUIDELINES UNDER EXISTING PUD DEVELOPMENT PLAN APPLY TO LOT 1. A. Building Form and Massing 1) In general the form and massing within Riverfront Village will follow the intent of the Town of Avon Design Guidelines by incorporating form articulation to avoid the monolithic. However, specific buildings within the Village shall be subject to less or more stringent requirements relative to building form and massing as identified within this document to form a coherent, pleasant composition for the entire neighborhood. 2) Smaller masses, such as portions of the building or elements such as porte cocheres, etc, will be used to break up the apparent size of larger building forms. Smaller masses positioned in front of large masses will be used to reduce the visual dominance of the larger forms,with particular emphasis in stepping back building height, bulk, and mass in the areas of Lots that are located along the river corridor and recreation path interface. 3) The development of building bases will help to tie together individual buildings within the Village and will also tie the Village to its riverfront site. Site walls, and other site features shall relate to building bases in a way that reinforces visual connectivity to the ground plane. The plaza and gondola terminal, with its cantilevered structure will stand out as an elevated element from the south, drawing people up from the river. 4) In general the middles of buildings will be more visually subtle, but broken by primary and secondary elevation features and material accents that help to avoid monotonous facades. On any given elevation at Lots 1, 3, and 4, 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 1-foot offset for plane changes. Vertical forms comprised of stacked decks and balconies will be considered plane changes. At Lots 5, 6, and 7, 70 percent of the vertical wall area will be permitted to be within the same plane. 5) The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar and compatible roofing materials and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above. 6) Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed, while allowing variation in roof pitches to break up building mass and height. Primary roofs will have pitches ranging from a minimum of 2:12 to a maximum of 8:12. Secondary roofs-such as at dormers, porte cocheres, building protrusions, and similar additive forms-may be flat, but only if they are finished in materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. When secondary roofs are pitched roofs, the minimum pitch required shall be 2:12. Flat roofs may be permitted for primary roof forms in order to help address views and reduce overall height of buildings along the river interface. Ideally flat roofs should be developed as terraces and other functional spaces. 7) Given the modern alpine character of the architecture at Riverfront Village, roof overhangs are encouraged for buildings on Lot 1, which are visually and compositionally related to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At other locations within Riverfront Village the minimum roof overhang shall be 24 inches for primary roofs and 12 inches at secondary dormers. 8) To help ensure that roof ridges for the Village remain interesting and contribute to the overall success of building massing, uninterrupted ridgelines shall be avoided. To this end, roof ridgelines are limited to 150 feet before a change in height (elevation above sea level) is required. These breaks (elevation changes) shall run horizontally for at least 10% of the overall building ridge length before returning to the prior elevation. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. B. Building Height 1) Building heights for the Riverfront Village will be restricted to the heights described in the approved Development Plan, as measured according to the Town of Avon Code. Architectural features such as chimneys, cupolas, and other similar elements will not be included when calculating maximum building height. 2) In addition, the percentage of ridge height allowed at the maximum allowable building height for any given building will be limited to 25% of the overall building ridge length. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. 3) The maximum height for building facades fronting the Public Plaza will be limited to 75 feet from the Plaza elevation. The only exception to this facade height limitation shall be for the western façade of the central tower of the hotel, which shall be permitted to be as tall as 100 ft. from Plaza elevation. This central tower façade may run horizontally for up to 60 feet along the plaza. 4) The minimum horizontal setback required for building facades exceeding the maximum height for building facades fronting the Public Plaza will be 2 feet from the building façade fronting the Public Plaza. This shall only apply to the central tower portion of the Hotel. 5) The minimum setback required for maximum allowable height per the Development Standards from the Public Plaza will be 60 feet from building façade fronting the Plaza C. Exterior Materials, Detailing, and Colors 1. Materials and colors for walls and roofs at Riverfront Village will have a Light Reflective Value (LRV) not exceeding 60%. a) Materials inherent to the mountains, including stone and wood, will be used at lower levels of buildings in areas of direct pedestrian interface, as well as metals. These materials should be used in refreshing ways within the Village, reinterpreted for the urban nature of Avon towards a "mountain modern" character. b) Stucco conveys mass in a subtle, "quiet" way and is therefore a recommended material for building middles and tops. However, building accents comprised of non-stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest, except as prohibited by Codes. When used, stucco shall be carefully detailed to ensure longevity when it comes near the ground plane at building walls. Greater variation in materials for town homes is contemplated with less reliance on the use of stucco in lieu of use of recycled and other siding materials. c) Roof materials will include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal may be used for primary roof planes and for small and/or special roof features such as shed dormers, retail roof forms, porte cocheres, and other selective roof elements. d) In general, colors used within the Village should be complementary to the site, and be comprised of greens, grays, golds, browns, and other earth-tone hues. However, due to the desire for a highly activated retail experience at the Plaza level, the colors used along the retail edges of the Public way may be more vibrant and active in nature. 2. Minimum window area at plaza level a) At a minimum, 50% of the 1st level of building facades facing the plaza from the east and the west shall be glass. For this calculation the plaza shall be deemed to begin at the northwest corner of the hotel and the northeast corner of timeshare west and shall terminate at the east-west plane where the staircase down to the river begins. This calculation shall exclude the gondolaterminal, control booth and public restrooms.
TOWN COUNCIL REPORT
To:
From:
Meeting Date:
Topic:
Honorable Mayor Smith Hymes and Avon Town Council
Robert McKenner, IT Manager
October 10, 2019
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
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Avon Town Council
From: Preston Neill, Deputy Town Manager
Date: October 10, 2019
Topic: Public Hearing: Second Reading Ordinance 19-07, Enacting Campaign Finance
Regulations
ACTION BEFORE COUNCIL:
Council is asked to hold a public hearing and take action on Second 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] Second 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 permanent 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
SECOND READING – October 10, 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
SECOND READING – October 10, 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
SECOND READING – October 10, 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 Avon Town Council hereby finds and declares 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;
(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 permanent 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 include 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 t o 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 cha ritable
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.
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Avon Town Council
From: Preston Neill, Deputy Town Manager
Date: October 10, 2019
Topic: Revised Agreement for Legal Services for Elizabeth Pierce-Durance
SUMMARY:
A revised Agreement for Legal Services for Elizabeth Pierce-Durance, included as Attachment 1, is
presented to Council for approval. Elizabeth has served as the Town’s prosecutor for many years. The
only change to the agreement that was approved in March 2018, is the “Of Counsel Relationship” notice
in the final paragraph. Elizabeth intends to enter into a limited “Of Counsel” relationship with local law
firm Causey & Howard, LLC, which relationship will specifically exclude work done for the Town of Avon.
Causey & Howard’s practice focuses mainly on criminal defense work, and they have provided a letter
establishing they do not currently have any conflict with the Town of Avon and will not represent clients
adverse to the Town of Avon in the future. This letter is included as Attachment 2. Elizabeth’s current
hourly rate of $150/hour was approved by Council in March 2018. There will be no increase in cost to
the Town of Avon with this revised Fee Agreement.
PROPOSED MOTION:
“I move to approve the Agreement for Legal Services with Elizabeth Pierce-Durance, LLC.”
ATTACHMENT:
Attachment 1 – Agreement for Legal Services
Attachment 2 – Causey & Howard, LLC No Conflict Letter
AGREEMENT FOR LEGAL SERVICES OF CLIENT ATTORNEY
1. Parties. This is a contract for legal services between the law firm of Elizabeth
Pierce-Durance, LLC, (the “Law Firm”) and the Town of Avon (“Client”).
2. Scope of Legal Services. As directed by the Client, the Law Firm shall provide
prosecutorial services to the Client, which shall include assessing and
prosecuting criminal and civil cases brought before the Avon Municipal Court and
providing all necessary ancillary services thereto, as well as providing such other
legal services as may be requested by the Town Council or the Town Attorney.
Elizabeth Pierce-Durance shall serve as the principal attorney providing the
services.
3. License and Malpractice Insurance. The Law Firm agrees to maintain at all times
its license to practice law in the State of Colorado. Law Firm shall promptly
inform Client if there is any change in the good standing status of the license to
practice law in the State of Colorado. Law Firm shall maintain professional
malpractice insurance in the minimum amount of five hundred thousand dollars
($500,000.00) per occurrence in a form and with such terms as are acceptable to
the Client.
4. Compensation. The Client shall pay the Law Firm compensation for services
rendered in the amount of $150/hour.
A. Costs. The Client shall compensate the Law Firm for out-of-pocket fees
and costs incurred on the Client’s behalf, including but not limited to filing
fees, service of process, expert witness fees, court reporter fees,
transcript fees, messenger fees, computer research, recording fees, title
company fees. Such fees will be billed to the Client at the Law Firm’s
cost without mark-up. The Client shall compensate the Law Firm for
mileage expenses for personal use of private vehicles used by the Law
Firm’s attorneys incurred in the direct and exclusive performance of
services for the Client. Mileage shall be charged at the reimbursement
rate set by the Internal Revenue Service.
B. Estimated Charges. The Law Firm may give the Client an estimate of the
anticipated total cost of a particular matter. The actual charges may vary
from the estimate due to unforeseen complexities or difficulties. The
estimate is not firm and is not binding on either the Client or the Law Firm.
C. Billing; Payment; Late Payment Charge. The Law Firm shall provide to
the Client a detailed invoice for all legal services on a monthly basis.
Such billings shall separate work and fees associated with specific
projects for which the Client accounts separately. The Client shall pay all
billings from the Law Firm within thirty (30) days of receipt of invoice. Any
amounts not paid within thirty (30) days of the date of the bill shall be
subject to interest at the rate of 1-1/2% per month (18% per year,
compounded monthly). If the Client fails to pay any charges within 30
days of the date of the bill the Law Firm may elect to stop all work for the
Client. The Client’s obligation to make prompt payment of all charges
does not depend upon achievement of any specific result.
ATTACHMENT 1
5. Client. The Client grants to the Law Firm the power to execute documents
connected with prosecutorial services, including pleadings and settlement
documents. The Law Firm shall be authorized to represent the Client in all
matters appearing before the Avon Municipal Court, including appeals taken from
that court into any other.
6. Term and Termination. This Agreement shall be effective upon approval by the
Client and Law Firm and shall terminate upon written notice by either party.
Termination by either party may occur at any time without cause or reason. The
Law Firm shall use best efforts to provide a minimum of thirty (30) days notice of
termination of representation of the Client. If the Client discharges the Law Firm,
the Client shall pay all fees and costs incurred to the date of termination, and the
Law Firm shall promptly deliver all files and documents of the Client to the Client.
7. Arbitration. Although the parties do not expect that any dispute between them
will arise, in the unlikely event of any dispute under this Agreement, including a
dispute regarding the amount of legal fees or costs owed to the Law Firm or the
quality of the Law Firm’s services, including any claim of malpractice, such
dispute shall be subject to binding arbitration. The Client and Law Firm
acknowledge that they are waiving their right to seek remedies in court, including
the right to a jury trial. (This clause does not prevent the Client and the Law Firm
from trying to resolve any dispute through voluntary mediation, but there is no
requirement to do so.)
Any dispute concerning fees or costs shall be submitted to the Legal Fee
Arbitration Committee of the Denver Bar Association and the decision of the
Committee shall be final and binding on both parties. Any dispute concerning the
quality of the Law Firm’s services, including malpractice claims, shall be
submitted to a single arbitrator and the decision of the arbitrator shall be final and
binding on both parties. A final judgment can be entered on the arbitration award
by a court of competent jurisdiction. The arbitrator shall be selected from the
Judicial Arbiter Group, Denver, Colorado unless the parties agree otherwise. If
the parties do not agree on the selection of a single arbitrator within ten days
after a demand for arbitration is made, then the arbitrator shall be selected by the
Judicial Arbiter Group from among its available professionals.
All arbitrations shall be held in Denver, Colorado unless the parties mutually
agree on some other location. All arbitrations shall proceed under the
Commercial Arbitration Rules of the American Arbitration Association, except as
modified in this Agreement, unless otherwise agreed by the parties. The
arbitrator shall have the discretion to order that the costs of arbitration, fees
(including expert witness and reasonable attorney fees), and other costs shall be
borne by the losing party. Any filing fees or other administrative costs of
arbitration shall be divided equally between the Client and the Law Firm.
Arbitration of all disputes, and the outcome of the arbitration, shall remain
confidential between the parties.
8. Document Retention. Files maintained by the Law Firm as the result of
performance of services for the Client pursuant to this Agreement shall be the
ATTACHMENT 1
property of the Client, and upon termination of this Agreement, shall be delivered
to the Client.
9. Of Counsel Relationship. The Law Firm intends to enter into a limited “Of
Counsel” relationship with local law firm Causey & Howard, LLC, which
relationship will specifically exclude work done for Client. Causey & Howard,
LLC, has provided Client with a letter establishing its current lack of conflict with
the Town of Avon and its intention not to represent clients adverse to the Town of
Avon.
THE LAW FIRM AND THE CLIENT HAVE READ THIS DOCUMENT, UNDERSTAND
IT, AND AGREE TO IT.
Elizabeth Pierce-Durance LLC Town of Avon, Colorado
By:__________________________ By:__________________________
Date:________________________
ATTACHMENT 1
TAGGART H. HOWARD
TEL. 970-926-6556
FAX. 970-926-6559
INGA CAUSEY
TEL. 970-926-6550
FAX. 970-926-6552
September 5, 2019
Town of Avon
P.O. Box 975
Avon CO 81620
RE: Elizabeth Pierce-Durance
Dear Sir or Madam,
Our firm has recently hired Elizabeth Pierce-Durance as of counsel to our firm. To that
end, she has requested that we provide the Town of Avon with a letter confirming that our
firm does not now have, nor does it intend to take on any matter directly adverse to the
Town of Avon, which would include representing individuals prosecuted by the Town of
Avon. Although an arrest of an individual may be made by the Avon Police Department, it
is our understanding that there is no conflict if that individual is charged by the Eagle
County District Attorney or some other governmental entity other than the Town.
Please advise if you need anything further from us.
Sincerely,
CAUSEY & HOWARD, LLC
Inga Haagenson Causey
cc: Elizabeth Pierce-Durance
P.O. BOX 98 VAIL, COLORADO 81658
275 MAIN STREET, SUITE G-005 EDWARDS, CO 81632
ATTACHMENT 2
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 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 4:00 p.m. A roll call was taken, and Council members
present were Jennie Fancher, Scott Prince, and Tamra Underwood. Council members Jake Wolf, Amy
Phillips, and Chico Thuon were absent. Also present were Town Manager Eric Heil, Town Attorney Paul
Wisor, Police Chief Greg Daly, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Deputy
Town Manager Preston Neill and Town Clerk Brenda Torres.
2. STUDY SESSION: REVIEW OF CIP PLAN AND EXISTING TOWN PLANS
Start time: 00:00:20 Part One
A review on current and proposed town improvement plans was presented by Town Manager Eric Heil.
Mayor Pro Tem Phillips arrived at 4:49 p.m.
Councilor Wolf arrived at 4:57 p.m.
3. APPROVAL OF AGENDA
Start time: 00:50:09 Part One
Mayor Smith Hymes requested the addition of a discussion on the Colorado Classic and whether Council has
interest in serving as a host city next year. Council agreed to add the item as Business Item 6.8. Mayor Smith
Hymes asked for the presentation item by Eagle County Paramedic Services to be removed from the agenda.
Council discussed discussing the Project THOR Written Report at an upcoming Council meeting. Councilor
Underwood moved to amend and approve the agenda as noted. Councilor Fancher seconded the motion
and the motion passed on a vote of 5 to 0. Councilor Wolf was out of the room. Councilor Thuon was absent.
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
No conflicts of interest related to the agenda were disclosed.
5. PUBLIC COMMENT
No public comments were made.
6. BUSINESS ITEMS
6.1. PRESENTATION: EAGLE COUNTY PARAMEDIC SERVICES AND THE GALLAGHER AMENDMENT
(CHRIS MONTERA, EAGLE COUNTY PARAMEDIC SERVICES)
This presentation did not take place.
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)
Start time: 00:53:58 Part One
Mayor Smith Hymes opened the public hearing and no comments were made. With the amendment to
clarify the max density residential explanation of 4 ADU's per acre but not less than 4 ADU's per lot at the
discretion of the owner, Councilor Underwood moved 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.
Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously by Council members
present. Councilor Thuon was absent.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
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)
Start time: 01:11:34 Part One
Mayor Smith Hymes opened the public hearing and no comments were made. Councilor Fancher moved
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). Mayor Pro Tem Phillips seconded motion and the
motion failed on a split vote of 3 to 3. Councilor Thuon was absent. Councilor Prince, Mayor Smith Hymes
and Councilor Wolf voted no. Councilor Prince moved to continue the Public Hearing and First Reading
of Ordinance 19-08 to the October 10, 2019 Council meeting. Councilor Wolf seconded the motion and
the motion passed on a vote of 4-2. Mayor Pro Tem Phillips and Councilor Underwood voted no. Councilor
Thuon was absent.
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)
Star time: 00:00:03 Part Two
Various direction was given on the enforcement of park rules. The event-related discussions on event
security and dogs at special events were continued to a time when CASE Manager Danita Dempsey is
available to attend the meeting.
Councilor Chico Thuon arrived at 6:25 p.m.
6.5. WORK SESSION: PLASTIC REGULATIONS (DEPUTY TOWN MANAGER PRESTON NEILL)
Start time: 00:59:47 Part Two
Kim Schlaepfer with the Climate Action Collaborative and Melissa Kirr with the Walking Mountains
Science Center gave a presentation about Environmental Impacts of Plastics and Polystyrene in Waste
Streams.
Councilor Wolf moved to 1) Direct staff to implement rules banning plastic and polystyrene-based
products for purchase and use on Town property, 2) Draft an ordinance, conditioned on the removal of
the local government preemption in C.R.S. 25-17-104, that would ban the use of polystyrene in the Town
of Avon, and 3) Initiate the process of contacting state legislators and other community leaders to
encourage the removal of the local government preemption in C.R.S. 25-17-104 and to encourage efforts
to reduce the use of plastic and polystyrene-based products. Councilor Fancher seconded the motion and
the motion passed unanimously.
6.6. FIRST READING ORDINANCE 19-07 ENACTING CAMPAIGN FINANCE REGULATIONS
(DEPUTY TOWN MANAGER PRESTON NEILL)
Start time: 02:06:19 Part Two
Mayor Smith Hymes invited the public to comment and no comments were made. Councilor Underwood
moved to approve, with the correction of the typo noted, First Reading of Ordinance 19 -07, Enacting
Chapter 1.14 of Title 1 of the Avon Municipal Code Pertaining to Campaign Finance. Mayor Pro Tem
Phillips seconded the motion and the motion passed on a vote of 5 to 2. Councilor Wolf and Councilor
Thuon voted no.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
6.7. APPROVAL OF MINUTES FROM SEPTEMBER 10, 2019 REGULAR COUNCIL MEETING
(TOWN CLERK BRENDA TORRES)
Start time: 02:35:07 Part Two
Councilor Fancher moved to approve the minutes from the September 10, 2019 Regular Council meeting.
Mayor Pro Tem Phillips seconded the motion and the motion carried on a vote of 6 to 1. Councilor Wolf
voted no.
6.8. MEETING ADDED ITEM: 2020 COLORADO CLASSIC DISCUSSION
Start time: 02:35:26 Part Two
Eric Heil said the organizers of the Colorado Classic bike race recently announced that they are planning
to do the event next year. The organizers asked Eric to gauge Council interest in Avon serving as a host
city for next year's race. Consensus among Council was to support the race coming back to Avon next
year.
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
Start time: 02:47:49 Part Two
Councilor Underwood gave a reminder about the next Council meeting being held on Thursday, October
10th.
Councilor Fancher thanked staff for their efforts to put on the recent Community Picnic. She also gauged
Council interest in pursuing a ban on flavored vape cartridges. The majority of Council did not favor
pursuing a ban at this time.
Councilor Wolf read a quote from lyricist Robert Hunter who recently passed away.
Mayor Smith Hymes reported on the Mountain Pact and her recent trip to Washington DC to lobby for
the Land and Water Conservation Fund.
9. EXECUTIVE SESSION
Start time: 02:52:52 Part Two
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 PURPO SE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS REL ATED TO THE
WILDRIDGE P ROTECTIVE COVENANTS PURSUANT TO C.R.S. SECTION 24-6-402(4)(B)
Executive Session began at 8:49 p.m. and ended at 9:29 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
10. A DJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:30 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
WRITTEN REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Preston Neill, Deputy Town Manager
Ad Hoc Review Committee:
Eric Heil, Town Manager
JK Perry, High Five Access Media
Kim Schlaepfer, Climate Action Collaborative
Sarah Smith Hymes, Mayor
Pam Warren, Avon resident
Liz Wood, Communications Manager
Date: October 10, 2019
Agenda: Update on 2020 Community Grant Awards, as Recommended by the Ad Hoc Review
Committee
COUNCIL DIRECTION:
For purposes of efficiency, this memorandum has been prepared as a written report to notify Council of
the Ad Hoc Review Committee’s funding recommendations for the 2020 Town of Avon Community
Grant Program. If Council has any questions or desires to discuss any aspect of the 2020 Community
Grant Award Recommendations before the recommended amounts are forwarded to the 2020
Proposed Budget, please raise this written report for discussion during Tuesday’s Council meeting. The
2020 Budget is scheduled for Public Hearing and adoption on December 10, 2019.
SUMMARY:
On July 29, 2019, the application materials for the 2020 Town of Avon Community Grant Program, found
in Attachment 1, were advertised for a 28-day period. The advertisement was posted on the Town’s
website and a press release was issued on July 29, 2019 announcing the availability of the application
materials. The advertisement was also periodically posted on the Town’s social media accounts over the
course of the 28-day period. In all, the Town received 16 funding applications.
At the August 27, 2019 Council meeting, Council reviewed a written report, included as Attachment 2,
that updated Council on the 2020 Town of Avon Community Grant Program. Staff received direction to
set $153,000 as the maximum amount of money for 2020 Community Grant Program funding that the
Ad Hoc Review Committee’s funding recommendations cannot exceed.
The Ad Hoc Review Committee met on September 20, 2019 to review the submitted applications. The
review focused on the Proposal Review Criteria included in the application materials. Committee
members took into account proposals that provided the most public benefit to Avon residents and
visitors, as well as programs that fell in line with the Town of Avon 2019 Strategic Plan. Past funding
levels, available funds, potential for on-going requests, filling a funding or service gap and general
priorities for all applications were also considered in the funding level recommendation, which has been
provided in this packet for Council consideration.
2020 COMMUNITY GRANT PROGRAM REQUESTS AND RECOMMENDATIONS:
Please find attached Attachment 3, labeled 2020 Community Grant Program Requests and
Recommendations Funding Summary. Attachment 3 includes recommendations for funding (both cash
and in-kind contributions), conditions of funding, if any, and supporting information.
The Ad Hoc Review Committee reviewed 16 applications for funding in 2020, totaling $92,650 in cash
requests and $3,772 for in-kind contributions. The Committee has recommended funding in the total
amount of $90,150 in cash and $3,772 for in-kind contributions. Community Grant Program cash funding
in 2019 equaled $146,000.
ATTACHMENTS:
Attachment 1 – 2020 Town of Avon Community Grant Program – Application Materials
Attachment 2 – Written Report: 2020 Town of Avon Community Grant Program Update
Attachment 3 – 2020 Community Grant Program Requests and Recommendations Funding Summary
PO Box 975
One Lake Street
Avon, CO 81620
July 29, 2019
RE: 2020 Town of Avon Community Grant Program
Dear Potential Applicant:
The Town of Avon welcomes applications from organizations and agencies seeking funding for
programs, projects, services or activities that support the Town’s stated priorities in the Town of Avon
2019 Strategic Plan. In addition to providing the Strategic Plan, this packet includes important
information to help your organization apply for Town funding, including application submission
requirements, review criteria and the application schedule.
While the Town of Avon will look at every opportunity for advancing partnerships with organizations in
Avon to advance the Strategic Plan, monies to outside agencies are prioritized with all operational,
service, and facility needs of the Town through the annual budget. In Fiscal Year 2019, the Avon Town
Council approved $146,000 in funding for community grants. This funding level is again targeted in 2020,
but it is not guaranteed and is in the complete discretion of the Town Council.
The 2020 funding decisions will be based solely upon an organization’s written application. No
interviews with applicants will be held. An Ad Hoc Review Committee, comprised of citizens representing
businesses and nonprofits, plus several Town staff persons will review all applications and make the
funding recommendations. The Ad Hoc Review Committee’s funding recommendations will be
incorporated into the annual proposed budget, which Council will take action on during a public hearing
tentatively scheduled for December 10, 2019.
The following materials include all the information needed to prepare a funding application:
• 2020 TOWN OF AVON COMMUNITY GRANT PROGRAM: SUPPORTING THE TOWN OF AVON 2019 STRATEGIC
PLAN
• APPLICATION REQUIREMENTS & SUBMITTAL GUIDELINES
• TOWN OF AVON 2019 STRATEGIC PLAN
THE APPLICATION DEADLINE IS AUGUST 26, 2019, 5:00 PM
If you have any questions, please feel welcome to call 970-748‐4404 or email pneill@avon.org.
Sincerely,
Preston Neill
Deputy Town Manager
ATTACHMENT 1
2020 Town of Avon Community Grant Program
Page 2 of 6
2020 TOWN OF AVON COMMUNITY GRANT PROGRAM:
SUPPORTING THE TOWN OF AVON 2019 STRATEGIC PLAN
Program Overview
The Town of Avon 2019 Strategic Plan guides the decision-making and provides the structure for
ensuring investments and programs reflect the Town Council’s priorities in achieving the vision and
adopted plans of the Town of Avon. The Town recognizes that outside agencies and organizations
should be considered as important partners in advancing the stated priorities in the plan, and that to
fully build a successful partnership, Town funding may be required either through a direct cash
contribution or with in-kind services. It is through the belief that partnerships are important to meeting
the Town’s strategies, community grants are considered each year.
Eligible Applicants
Non‐profit applicants may apply as a 501(c)(3) or under the umbrella of a 501(c)(3) with a letter of
agreement between the applicant and the umbrella 501(c)(3).
Proposal Review Criteria
1. Town of Avon 2019 Strategic Plan
1.1 Does the proposal’s program/service/activity directly support one or more of the Town of
Avon 2019 Strategic Plan’s priorities and/or on-going objectives?
1.2 How successful will the program/ service/activity be in meeting the priority (priorities)?
1.3 Does the proposal’s program/service address a potential unmet need in meeting the priorities
of the Strategic Plan?
1.4 How many Town of Avon residents will directly benefit from the proposal’s
program/service/activity?
1.5 Does proposal’s program/service/activity have the potential to benefit Avon’s business
community?
1.6 Are the proposed measurements to evaluate the success of the program well defined?
2. Funding Level
2.1 Is the requested support either in cash or in-kind commensurate with expected benefits from
the proposal’s program/service/activity?
2.2 Is the proposal’s program/service/activity funding a one-time support request or creating a
longer term need for Town funding?
2.3 If the applicant has received Town funding for more than one year, is the proposal’s funding
request to the Town increasing, being reduced, or falling as a percent of all
program/service/activity revenues?
2.4 How successful is the applicant in bringing in other funding partners?
ATTACHMENT 1
2020 Town of Avon Community Grant Program
Page 3 of 6
APPLICATION REQUIREMENTS & SUBMITTAL GUIDELINES
THE APPLICATION DEADLINE IS 5:00 P.M. ON MONDAY, AUGUST 26, 2019
Application Requirements: (Please do not exceed three pages)
1. Program Title___________________________________________________________
2. Agency ________________________________________________________________
2.1 Contact Person__________________________
2.2 Title___________________________________
2.3 Phone_________________________________
2.4 E-mail_________________________________
2.5 Address________________________________________________________
3. Dollar amount granted by the Town of Avon for 2018 (if applicable): $_________________
4. Dollar amount granted by the Town of Avon for 2019 (if applicable): $_________________
5. Dollar amount requested for 2020 (if applicable): $_________________
6. Description of in-kind services granted over the past two years, and requested for 2019, if
applicable:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
7. Please provide the following information to help us assess your agency’s current non-profit
status:
7.1 Current Federal Employer Identification Number_________________________
7.2 Has received a non-profit status from the IRS? Yes _____ No _____
8. What is the mission of your organization?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
ATTACHMENT 1
2020 Town of Avon Community Grant Program
Page 4 of 6
9. Please provide a detailed description of the program, event or service for which Town of Avon
support is being requested.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
10. How does the proposed use of Town support further one or more of the Town of Avon 2019
Strategic Plan priorities and/or on-going efforts?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
11. For the program or service requesting funding, how many Town of Avon residents will be
directly benefited? How many Town of Avon residents received a direct benefit in 2018 and
2019, if applicable?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
12. Please attach your anticipated detailed line item budget for the requested 2020 support,
including in the revenues all other funding partners. Funds are not available for capital
improvements, equipment or supplies. Include when funds are needed for payment.
13. If a non-profit, attach a budget for your agency for this same time period.
ATTACHMENT 1
2020 Town of Avon Community Grant Program
Page 5 of 6
14. How will you measure the success of the program or service for which funding is requested?
Please include clear objectives, outcomes, metrics and expectations.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
15. How did you determine the need for the requested program or service?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
16. Please attach the most recent fiscal year-end financial statements reflecting your agency’s
beginning and ending balances for the year.
17. Please list all anticipated funding sources for the current (2019) and coming year (2020). Be sure
to highlight any opportunities to leverage Town funds with external funds.
18. If your organization received funding from the Town of Avon in 2019, it is mandatory that you
provide a progress or final report on the funded activity or program. The report must include
revenues and expenditures, including other outside revenue support. Please address all
conditions stated in the Town of Avon Letter of Agreement you received, which announced your
funding award. This submittal is not included in the three (3) page application limitation.
I affirm that all of the information included in this application, its attachments, and its
supplemental documents is true and correct to the best of my knowledge.
_______________________________________________ _________________________
Authorized Signatory Date
Printed Name: _____________________________________
ATTACHMENT 1
2020 Town of Avon Community Grant Program
Page 6 of 6
Application Submittal Guidelines:
1. Send the completed application, via email as a PDF document, to Preston Neill at
pneill@avon.org.
2. Number each item in the application to correspond to the Application Requirements stated
above.
3. Do not exceed three (3) pages.
4. Only one application may be submitted per organization.
5. Incomplete or late applications will not be considered.
Please note that no additional materials will be accepted.
Do not send newspaper clippings, letters of support or promotional materials.
Review Process & Schedule:
July 29, 2019 2020 Town of Avon Community Grant Program
Application Materials Available
August 26, 2019 Deadline for Applications
Week of September 16, 2019 (tentative) Funding Recommendations by Ad Hoc Review
Committee
October 30, 2019 (tentative) Council Budget Retreat to Review and Provide Direction
on 2020 Community Grant Program Funding, as
Recommended by the Ad Hoc Review Committee
December 10, 2019 (tentative) Public Hearing and Adoption of 2020 General Fund
Budget
December 2019 Notification of Awards
Disclosures to all applicants:
• Funds will not be available until after January 1, 2020, and may be dispersed in installments, if
awarded.
• Notification of awards will be sent after the Town Council approves the final budget, currently
scheduled for December 10, 2019.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
TOWN OF AVON
2019 STRATEGIC PLAN
Adopted by the Avon Town Council
Resolution 18-14, Series of 2018
October 23, 2018
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
1
Purpose of the Strategic Plan
The Strategic Plan is developed and adopted to guide decision-making and provide the structure for
ensuring that investments and programs reflect Council priorities in achieving the vision and adopt ed
plans of the Town of Avon. Updated each year to reflect the priorities of the Town Council, the adopted
Strategic Plan provides the Avon community information about the important work planned by the Town,
over the planning period. Once the Strategic Plan is adopted, a budget is prepared to meet the program,
followed by each department submitting a business work plan to the Town Manager, identifying the
timing and process for implementing each strategy. Progress on the work plans are monitored to ensure
outcomes are met.
• The Comprehensive Plan is the key leadership planning document of the Town and leads the
Strategic Plan’s Vision, with the identification of tactical actions to meet the Vision.
• In July of 2018, the Town Council provided the opportunity for residents and businesses to identify
the most important issues in the Town through civic engagement outreach at open houses and
through a Community Survey. The results have aided the Council in identifying priorities over the
next several years and have provided information as to other methods to engage the public in the
vision and strategic planning of the Town.
The Strategic Plan is organized as follows:
• The Strategic Plan Vision provides a dynamic overview describing the way of life in Avon, the
values the community holds and serves as a comprehensive statement regarding the focus and
directed outcomes of the Town’s work. The Vision is directed by the Comprehensive Plan.
• From the Strategic Plan Vision, four key outcomes have been identified to set the prioritized work
of the Town. The four outcomes, with successes and strategies to achieve each vision are detailed,
resulting in a Strategic Plan.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
2
Strategic Plan Vision
“Avon’s vision is to provide a high quality of life, today and in the future, for a diverse population;
and to promote their ability to live, work, visit and recreate in the community.”
TOWN OF AVON COMPREHENSIVE PLAN, ADOPTED MAY 23, 2017
The Town of Avon is a strong community, focused on families and workers while building on its strengths
to become a nationally and internationally recognized year-round mountain resort community. Avon is
surrounded by natural beauty and the stewardship of our natural resources is a high priority. Avon is
committed to providing a high level of municipal services for our citizens and visitors that reflect its values
and commitment to the environment. Avon will expand its cultural, recreational and educational offerings
in partnership with our broader community and regional public and private sector agencies, thereby
ensuring sustained economic vitality and a vibrant community experience.
A dedication to a high standard and a superior level of quality development will provide Avon with a
comparative advantage in the future, and, therefore, Avon will work to attract and promote these types
of developments by ensuring Town plans and incentives are constructed in a manner which provides the
development community clear and timely information; and, by steadfastly maintaining a professional and
solution-oriented municipal business.
The Town will continue to value and support our full-time and part-time resident population by providing
an exceptional level of municipal services and by working to retain existing businesses as the Town seeks
to expand its retail and commercial base, while fostering our sense of community through both our spirit
and the built environment. The importance of vibrancy and activity within the Town will be supported by
attracting an array of new and diverse cultural and recreational events to Avon which are in concert with
the values of our community and serve to nurture a cohesive sense of place and public.
It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness
and efficiency in providing government services and a practiced belief in open and transparent
governance that will lead the successful implementation of this vision for the growth and development of
Avon.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
3
Strategic Plan
Fiscal Year 2019
SUPPORT A STRONG COMMUNITY,
BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY
The Town will continue to value and support our community through a strong and diverse economy, attentive
to business retention and proactively partnering with the private sector to expand Avon’s retail and commercial
base. The Town’s commitment to planning for future growth; to ensuring there is a hierarchy of built forms
to reflect the importance of the Town Center; an openness to new community development trends; and,
recognition of private property interests and the costs of doing business with the Town, sets forth a dynamic
relationship for the successful construction of the built environment and business growth. In its commitment
to supporting a strong, mountain resort community, the Town endeavors to create a visually appealing gateway
to Avon.
RECENT SUCCESSES
▪ Adoption of the Town of Avon Town-Owned Properties Plan
▪ Adoption of the Avon Community Housing Plan
▪ Adoption of the 2017 Town of Avon Comprehensive Plan
▪ Completion of “Fiscal Analysis – Peer Community Comparison or Revenues, Budgets and Services and
Assessments of Real Estate Transfer Tax Impacts” Report
▪ Launch of Tipsy Taxi Program
▪ Avon.org website updated
▪ Discoveravon.org website launched
▪ Launch of Zagster Bike Share Program
▪ Voters approved broadband exemption from SB 05-152
STRATEGIES
Tier 1 Priorities
▪ Meet the Comprehensive Plan Housing goals to 1) Achieve a diverse range of housing densities, styles
and types, including rental and for sale, to serve all segments of the population; and 2) Coordinate
with neighboring communities to provide an attainable housing program that incorporates both
rental and ownership opportunities, which are affordable for local working families.
▪ Meet the goals and objectives of the Avon Community Housing Plan.
▪ Implement the development strategies identified within the adopted Town of Avon Town-Owned
Properties Plan for seven sites including Tract G, Wildridge Fire House, Swift Gulch, the Village at
Avon’s “Park Site,” “School Site” (Lot E), Public Works Site (Lot 5), and the Wildwood Properties.
o Develop an implementation plan.
o Continue working to bring the Hahnewald Barn project from concept through schematic
design for further consideration of relocation. Assist the Planning and Zoning Commission
and Avon Historic Preservation Advisory Board, collectively the Hahnewald Barn Stakeholder
Group, as they review materials and provide formal recommendations to the Council.
Council will make final decisions regarding the design of the project, and authorizing next
steps moving forward.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
4
o Work with Eagle County to ensure a successful transition of the regional recycling center to Lot
5.
o Ensure increased access to the Eagle River.
o In the interim, construct cleaning and minor facility upgrade budgets for Fire Station 7 and the
Wildridge Fire Station for renting to workers and/or working families, with consideration of terms
which allow for future renovation.
o Evaluate the development of an Ad Hoc Committee to evaluate the expansion of the Avon
Recreation Center for the purposes of: 1) involving community in one of the most used and
expensive community assets, (2) determining the best uses as desired by the community for the
expansion, and (3) allowing a community based support for any taxing ballot question to be
established on a grass-roots basis.
▪ Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with transit,
parking and wayfinding.
o Complete the Beaver Creek Boulevard Streetscape Improvements Project.
o Complete the Town of Avon Multimodal Transportation and Parking Plan
o Nottingham Road/I-70-Avon Road Underpass Improvements – Design 1) Nottingham Road
drainage improvements to mitigate mud and debris flows; 2) Pedestrian safety improvements
including crosswalks and sidewalks; and 3) I-70-Avon Road Underpass Safety/Beautification Entry
Improvement. Bid and Construct as designs and funding are approved.
o Fully support Avon transit as a key element of a walkable community; stay attentive to the
potential role of autonomous cars.
o Participate in the development of the ECO Transportation Development Plan and work with the
ECO Board to advance Avon initiatives, such as increasing to late night bus service to serve
workers.
▪ Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home
sizes.
▪ Maintain the Zagster bike share program, monitor and report on challenges and successes. Explore
expansion of stations, sponsorship opportunities, and partnerships with outside organizations.
▪ Define a broadband strategy and develop a broadband plan that identifies current assets and
community needs to assist in developing architectural alternative concepts and cost opinions. Once
preferred alternatives are identified and a roadmap is put in place, move into the planning phase.
▪ Work progressively with the Union Pacific Railroad to: 1) Verify the railroad ROW through Avon; 2)
Gain permits for needed pedestrian infrastructure on WBCB; 3) Sustain continual clean-up of the
railroad ROW; 4) Address the Richardson Ground Squirrel population; and 5) Explore opportunities
for a cross-country ski track and allowing railbikes from Edwards to Minturn.
Tier 2 Priorities
▪ Evaluate the formation of a special improvement district to improve the facades of the Avon Center,
Comfort Inn, First Bank, and other properties along E/W Beaver Creek Boulevard, including but not
limited to landscaping, streetscape and beautification programs. Include development of public
spaces in the district assessment.
▪ Evaluate whether Avon should pursue a Downtown Development Authority to support economic
development partnerships.
▪ Support Town Council efforts to develop a Sister City relationship.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
5
On-going
▪ Work proactively with the owners of vacant commercial property to find leaseholders and/or
redevelopment projects and, when appropriate, 1) Utilize Urban Renewal Authority tax increments
generated from the existing district or in a potential new Urban Renewal Authority district, and/or 2)
Other economic development incentives including tax rebates, zoning amendments, etc.
▪ Maintain a strong partner relationship with the Avon business community, developers, and county-
wide organizations that enhance the economic vitality of the community.
▪ Consistently issue the Avon Quarterly Business Newsletter and hold annual update meetings with
Avon business owners and representatives.
▪ Support the efforts of the Avon Business Association, when appropriate.
▪ Be aware and proactive in Town projects, programs and day-to-day work in the support, retention
and development of inclusive neighborhoods, with specific attention to the needs and opportunities
for the Avon Elementary School, such as hosting the spring graduation.
▪ In the Town’s Swim Program, when appropriate, include Homestake Elementary students in Avon’s
school programs.
▪ Throughout the year, Liaison Appointees and Town Manager will meet with respective principals for
developments in the Town of Avon to discuss current issues, development needs and opportunities.
▪ Maintain Google Transit maps for local bus schedules.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
6
Strategic Plan
Fiscal Year 2019
PRESERVE & ENHANCE THE NATURAL ENVIRONMENT
Maintaining a strong foundation for the stewardship of Avon’s natural resources is a top commitment by
the Town in order for the Town to protect Avon’s unique setting and its open spaces. Avon will promote
sustainability through the funding of programs and projects to protect the Town’s and the regions clean
waters and clean air and to conserve environmental resources.
RECENT SUCCESSES
▪ Completion of the annexation of the East Avon Preserve
▪ Walking Mountains Conservation Easement
▪ Adoption of the Climate Action Plan for the Eagle County Community and the accompanying
Implementation Schedule
▪ CLEER Building Energy Navigator software installed in Town facilities
▪ Plastic bag ban and paper bag fee adopted by Council and implemented by staff
STRATEGIES
Tier 1 Priorities
▪ From the 2016 Town of Avon Climate Action Plan Implementation Schedule, adopted on March 28,
2017, implement the priorities, including but not limited to:
o Establishing the CO2 baseline, modifying municipal buildings and street lights and monitoring.
o Amending the Town’s landscape code to more effectively replace vegetation which has been
removed and improve water quality in drainages, streams and along in the Eagle River.
o With the expertise of the UERWA, developing outdoor landscape guidelines/regulations to
reduce water use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River.
o Adopt a paperless strategy to reduce waste and support files, etc.
o Take the lead role in working with the UERWA to assess and potentially partner with the Aspens
Mobile Home Village to improve and/or replace the property’s water distribution system to
eliminate water loss.
o Partnering with Walking Mountains Science Center and Eagle County to expand the Energy Smart
Program and community educational outreach.
o Promote investment and use of energy efficient vehicles, including electric vehicles, by
evaluating opportunities to add vehicle charging stations throughout the Town of Avon.
▪ Evaluate ways to achieve the Town’s adopted goal to “develop and implement a program to run the
Town of Avon – Municipality with 100% renewable energy.”
▪ Identify and prioritize which municipal and/or land use codes should be revised to fully implement
the Plan, including but not limited to a re-evaluation of the Alternative Equivalent Compliance
regulation to include a stronger nexus, with specific metrics for performance to the Climate Action
Plan and Avon’s housing goals.
▪ Develop, with consultant services, the Harry A. Nottingham Landscape Plan, including in the plan
timely replacement of the Town's public tree stock; invite Walking Mountains to evaluate biosphere
enhancements to the northwest corner of Nottingham Lake during the planning process.
▪ Proactively ensure trees on public and private property do not host and spread viruses; remove
dead trees with a well-developed landscape program.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
7
▪ Develop a comprehensive Fire Mitigation Plan for Town-owned properties.
▪ Work with the Eagle River Fire Protection District on planning and implementing an emergency
egress for the Wildridge community.
Tier 2 Priorities
▪ Consider adopting a “pay-as-you-throw” refuse system and evaluate franchise agreements for waste
haulers.
▪ At such time as the Eagle County Landfill is prepared to receive compostable collected materials,
evaluate how to implement collection in Avon and prepare a recommendation for Council action.
On-going
▪ Continue serving as an active member of the Climate Action Collaborative to fully implement and
achieve the goals of the Climate Action Plan for the Eagle County Community.
▪ Continue looking for solar panel installation opportunities.
▪ Participate as an active member of the Urban Run-off Group and the Eagle River Watershed Council
to evaluate and support, as appropriate, needed Eagle River improvements.
▪ Work with the Eagle River Water and Sanitation District, as well as other community organizations, to
protect the water quality in the Eagle River for all users.
▪ Continue participation in the Actively Green Certification Program.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
8
Strategic Plan
Fiscal Year 2019
DEVELOP INCLUSIVE & DIVERSE ECONOMIC,
EDUCATIONAL, RECREATIONAL & CULTURAL OPPORTUNITIES
The importance of vibrancy and activity within the Town will be supported by partnering with existing
special events and attracting an array of new and diverse cultural, educational and recreational events to
Avon, which meet the Town’s brand and are in concert with the values of our community and serve to
nurture a cohesive sense of place and public. Providing an exceptional system of parks, trails, and
recreational programs to serve the year-round needs of area residents and visitors is an important Town
goal.
RECENT SUCCESSES
▪ Completion of the Destination Jump, Splash, Learn Playground in Nottingham Park with a GOCO grant and
the appropriation of Community Enhancement Fund monies
▪ Completion of detailed diagrams for all Avon event venues, including but not limited to dimensions,
location of electrical outlets, irrigation system, domestic water hose bib, parking lots, etc.
▪ Completion of Eagle Valley Regional Trail and Metcalf Bike Climbing Lane
▪ Completion of Nottingham Park Restroom Remodel
▪ Appointment of Ad Hoc Special Events Committee
STRATEGIES
Tier 1 Priorities
▪ Under the auspices of the Ad Hoc Special Events Committee, continue to solicit, develop and fund,
in partnership with qualified producers, a diverse program of vibrant arts, educational, cultural and
recreational offerings at the Avon Performance Pavilion and Main Street Mall. In particular:
o Seek to expand live theater as a desired multi-day or evening festival.
o Expand use of the Pavilion in shoulder seasons to local band productions, which are low key
and low budget, such as a battle-of-the-bands or open mike nights.
o Work with Bravo! Vail to pursue performance options at the Avon Performance Pavilion.
o Explore a partnership with the Vail Valley Foundation to provide management of non-Town
produced special events at the Avon Performance Pavilion
o To streamline and assist local and national big city promoters to efficiently produce and market
events:
➢ Develop best marketing practices and marketing advice for event success in Avon, and coop
with any Avon marketing plan, where Avon has provided funding or use of a Town venue.
➢ Establish, for ticketed events, procedures and policies to limit poaching of concerts.
▪ Implement the adopted Avon Recreational Trails Plan as prioritized and adopted by the Avon Town
Council, as soon as possible; and 1) pursue construction grants, when appropriate; and 2) rigorously
seek an easement to construct a connecting trail from the southern terminus of Lake Street to the
Eagle River Regional Trail.
▪ As directed by the Town Council on May 23, 2017, implement the action plan to pursue a Colorado
Creative District designation; budget and retain qualified consultant services for development of a
strategic plan, as may be needed.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
9
▪ Rebuild the Eagle River Whitewater Park.
▪ Evaluate the pros and cons of the Town of Avon using its special event liquor permit quota, as
allowed for events at a Municipal Arts and Cultural Facility, which may include the Main Street Mall,
New Town Hall, Harry A. Nottingham Park and the Avon Performance Pavilion. As part of the
evaluation assess alternatives for forming a (Liquor) Entertainment District or liquor license for
venue premises.
▪ Continue to actively work with the USFS to identify and plan for improvements to USFS 779 and
USFS 717.1B.
Tier 2 Priorities
▪ Build photo monuments around the commercial core to memorialize Avon’s history.
▪ Evaluate a Scientific and Cultural District to provide funding for Walking Mountains Science Center’s
educational programming and Avon’s cultural activities.
▪ Identify locations for the installation of outdoor percussion instruments, including pianos, and fund in the
Capital Projects Fund, when feasible.
▪ Develop a plan for the completion of the Main Street Mall from the existing Mall to Lake Street and
Nottingham Park.
On-going
▪ Maintain Nottingham Park to a high standard and continue to make it the focal point of the
community.
▪ When approving Town funded or supported festivals and events which offer alcoholic libations,
require that the sponsoring non-profit is an Avon community grant recipient or locally based
nonprofit.
▪ Support regional World Class events and the Walking Mountains Science Center.
▪ As appropriate, share the results of the Community Survey with potential business interests in terms
of types of businesses and services desired in Avon.
▪ Support the unmet needs of non-profit organizations in Eagle County, by way of the Town’s annual
Community Grant Program, by welcoming applications from organizations and agencies seeking
funding for programs, projects, services or activities that support the Town’s stated priorities in the
Town’s annual Strategic Plan.
▪ Maximize the grant resources available through potential sources available such as through the
Office of Economic Development and International Trade, including its new Outdoor Industry
Recreation Office; a Scientific & Cultural Facilities District, and Department of Local Affairs.
▪ Participate in the valley-wide events calendar being maintained by the Vail Valley Partnership.
▪ Be creative in activating the Town public ways with ideas such as bicycle pedal bars or a railroad
trolley car.
▪ Schedule Council civic engagement opportunities at the Pavilion Green Room.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
10
Strategic Plan
Fiscal Year 20 19
PROVIDE A RESPONSIVE, CUTTING-EDGE
& EFFECTIVE GOVERNMENT
Ensure that Town government is managed and operated as a competitive business and in a manner which
is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility,
implementing best practices, and using Town resources effectively and efficiently in each
department. Provide for the development of capital projects, which support the community-resort
economy, and promote the Town brand through a five-year capital investment plan, utilizing appropriate
funding mechanisms such as pay-as-you-go, new mill levy and/or current tax receipt long-term debt.
Support a work culture that is flexible, innovative and resilient to change
RECENT SUCCESSES
▪ New Police Station at the Public Safety Facility completed
▪ New Town Hall completed with a LEED Silver Certification
▪ Civic engagement programs expanded
▪ Balanced budgets achieved
▪ Reserves maintained
STRATEGIES
Tier 1 Priorities
▪ Continue implementing the Town of Avon Marketing Plan and Avon Brand Guidelines
▪ Monitor and adjust as needed the comprehensive Community Swim Program.
▪ Identify location(s) and cost(s) for the development of one or more dog parks in Avon or nearby in
partnership with Eagle-Vail.
Tier 2 Priorities
▪ Plan and budget for the development of Lot 5, in the Five-Year Capital Improvements Plan, including adding
a reserve line item for an equipment and vehicle storage facility and future office space.
▪ Update Procurement Code, including revisiting the maximum contract authority for the Town
Manager, reviewing expenditure approval levels, and adding provisions for the disposal of excess or
obsolete property. Also, clarify other areas of authority on easements, leases, property conveyances,
license agreements, etc.
On-going
▪ Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails; appropriating
deferred maintenance funds as required, and seeking long term debt approval, when appropriate.
▪ Provide strategic Council leadership, consistently practicing open and transparent government.
▪ Continue to evaluate staffing levels to ensure a high level of municipal services for our citizens and
visitors.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
11
▪ Continue holding an annual Town Clean-Up Day event during the evening hours of a weekday in the
spring that includes a community gathering after the clean-up event is completed.
▪ Maintain and consistently evaluate a strong civic engagement program, including ad hoc committees,
a triannual community survey, volunteerism program, etc. Look to advance the Town’s partnership
with staff members, parents and students at Avon Elementary School.
▪ Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient to
economic fluctuations; transfer surplus funds to capital projects.
▪ Continue to develop annual department work plans, which are measurable and maintain
accountability.
▪ Hold annual or bi-annual sessions in joint meeting settings with government partners.
▪ Seek a naming sponsor for the Avon Performance Pavilion.
ATTACHMENT 1
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Preston Neill, Deputy Town Manager
Date: August 27, 2019
Agenda Topic: 2020 TOWN OF AVON COMMUNITY GRANT PROGRAM UPDATE
OVERVIEW:
For purposes of efficiency, this memorandum has been prepared as a written report to notify Council of
staff’s recommended approach to the 2020 Town of Avon Community Grant Program. If Council has any
questions or desires to discuss any aspect of the 2020 Town of Avon Community Grant Program, please
raise this written report for discussion during Tuesday’s Council meeting.
SUMMARY:
Application materials for the 2020 Town of Avon Community Grant Program were released on July 29,
2019 and can be found at www.avon.org/communitygrants. The application deadline was August 26,
2019 at 5:00 p.m. The Ad Hoc Review Committee will meet during the week of September 9, 2019 to
review all submitted applications and make funding recommendations. The Ad Hoc Review Committee,
which is appointed by the Town Manager, will be comprised of citizens representing businesses and
nonprofits, as well as various members of Town staff. At the Budget Retreat that will be held of October
30, 2019, staff will present the 2020 Community Grant Program Requests and Recommendations
Funding Summary that will include recommendations for funding (both cash and in-kind), conditions of
funding, if any, and supporting information.
In 2016, the Town Council amended the Community Grant Program’s procedures for solicitation,
evaluation and funding. One of the refinements was the elimination of applicant presentations before
Council. Instead, funding recommendations from an appointed Ad Hoc Review Committee are
incorporated into the annual proposed budget and subject to approval during the annual budget
process.
This year, staff is recommending some additional refinements. Based on the Town’s ongoing partnership
with a few local organizations (e.g., Walking Mountains and Vail Valley Mountain Trails Alliance) and
based on their programs and the services they provide to the community, staff recommends that these
organizations not be required to submit a formal Community Grant Program application. Rather, staff
will recommend contribution amounts for these organizations that we feel are commensurate with the
work they provide to the Avon community. In addition, there are two organizations that have
traditionally submitted an application for community grant funding who staff feels fall under a different
category and no longer fit under the umbrella of the Town’s Community Grant Program. They are the
EGE Air Alliance and the Vail Valley Partnership. Last year’s Ad Hoc Review Committee collectively
recommended that, in the future, contribution requests from these two organizations be treated as
“economic driver”-type contribution requests. Staff intends to include contribution amounts for these
two entities in a separate program titled, “Economic Development”, along with a few other items. As
stated above, staff will recommend contribution amounts for these organizations that we feel are
commensurate with the work they provide to the Avon community.
ATTACHMENT 2
Council will have an opportunity to review and provide direction on the recommended contribution
amounts at the Budget Retreat in October.
In order for the Ad Hoc Review Committee to make recommendations on the applications received, a
target funding amount must be set. The purpose of this memorandum is to make Council aware that
staff’s recommendation is to set the “not to exceed” amount for community grant funding in FY2020 at
$153,000, which is approximately 1% of 2019 General Fund Total Operating Expenditures. A concerted
effort has been made over the last three years to dwindle the “not to exceed” amount for community
grant funding to equal 1% of the previous budget year’s General Fund Total Operating Expenditures. A
funding history chart has been prepared below:
OTHER COMMUNITY GRANT PROGRAMS:
In late 2016 and in advance of the 2017 Town of Avon Community Grant Program, staff researched the
community grant programs of several Colorado municipalities including Aspen, Breckenridge, Estes Park,
Telluride and Vail. At that time, the majority of them utilized some sort of ad hoc committee to review
submitted applications and make funding recommendations. Annual grant funding was across the board
and varied from 1.07% of General Fund Operating Expenditures to 7.19% of General Fund Operating
Expenditures (see chart below).
ATTACHMENT 2
ORGANIZATION 2020 CASH REQUEST 2020 IN-KIND REQUEST 2019 CASH AWARD 2018 CASH AWARD 2017 CASH AWARD 2016 CASH AWARD EXPLANATION OF FUNDING REQUEST COMMITTEE CASH RECOMMENDATION COMMITTEE IN-KIND RECOMMENDATION COMMITTEE COMMENTS/CONDITIONS OF FUNDING
BRIGHT FUTURE FOUNDATION $5,000.00 $740.00 $5,000.00 $4,000.00 $2,500.00 $2,500.00
Bright Future Foundation is requesting $5,000 of support
for Youth Violence Prevention Services and in-kind
support in the form of 10 10-punch cards to the Avon
Rec Center, valued at $740
$5,000.00 $740.00
The Committee recommends awarding $5,000 to support
their Youth Violence Prevention services, as well as the in-
kind request.
BUDDY WERNER LEAGUE $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 Funding would go toward the “Coaches
Certification/Education” line item. $1,000.00 The Committee recommends awarding $1,000 for the
stated line item.
CATHOLIC CHARITIES $3,000.00 $3,000.00 $3,000.00 The requested funding would support their Community
Integration Services program. $3,000.00 The Committee recommends awarding the requested
amount for the stated program.
EAGLE COUNTY HISTORICAL SOCIETY $250.00 $250.00
The requested funding is for Town of Avon Community
Membership in the Eagle County Historical Society. The
money will be used to help support ongoing programs
including guest speakers, the museum operation,
interpretation for exhibits, and the “History Take-Out”
programs at local schools.
$250.00 The Committee recommends awarding the requested
amount.
EAGLE RIVER YOUTH COALITION $5,000.00 $1,044.00 $3,500.00 $3,500.00 $2,500.00 $2,500.00
Funds to support youth assessment activities, family
education efforts, and in-school prevention
programs, youth leadership and advocacy efforts, and
sober communities and activities. In-kind support in the
form of three 5-punch card recreation passes to be
included in a silent auction. Additionally, new in 2020,
ERYC would like to request (3) 6 month recreation
center memberships to support the Namastay Sober
program, keeping people in sobriety connected to
healthy activities and a sober community. The total in-
kind request is valued at $1,044.
$5,000.00 $1,044.00
The Committee recommends awarding $5,000 to support
the stated items and to award the requested in-kind
support.
EAGLE VALLEY LAND TRUST $5,000.00 $1,500.00 $1,000.00
EVLT is requesting the Town of Avon join the other
communities supporting EVLT at the $5,000 level. EVLT
needs funding from the town to support their providing
more robust Outreach and Stewardship programs which
directly and indirectly address 2020 Town Strategic Plan
key outcomes.
$5,000.00 The Committee recommends awarding $5,000 to support
EVLT's Stewardship and Outreach programs.
EDUCATION FOUNDATION OF EAGLE COUNTY $12,500.00 $5,000.00 $4,500.00 $2,500.00
EFEC is requesting $7,500 for their Arts + Music
Classroom Grants, $2,500 for sponsorship of their Wild
West Day event, and $2,500 for their Distinguished
Teacher Awards continuing education financial
assistance program.
$12,500.00 The Committee recommends awarding the requested
amounts for the stated programs, totaling $12,500.
FRIENDS OF MOUNTAIN RESCUE $5,200.00 $4,000.00 $1,000.00
The request is for $5,200 of support for Vail Mountain
Rescue training in 2020. The area of training for which
VMRG would benefit from support is Wilderness First
Responder Certification. In the past each VMRG team
member would be responsible for paying 1/3 of the cost
of a training class. A grant from the Town of Avon would
take away this financial burden for the training
requested.
$5,200.00 The Committee recommends awarding the requested
amount for the stated program.
MOUNTAIN HEALTHCARE COALITION $5,000.00
The request is for the Mountain Healthcare Coalition is
$5,000. The Coalition will include a health purchasing
collaborative that will seek to develop more cost-
effective, sustainable health coverage options for
individuals, insured employers, and self-insured
employers in Eagle County. The Coalition will be
coordinated and led by a new non-profit organization
administered by Vail Valley Partnership. This will be a
one-year request as the aim is for the program to be self-
sustaining upon launch in 2021.
$5,000.00
The Committee recommends awarding the requested
amount for the stated program, with the expectation that a
funding contribution will not be sought from the Town in
2021.
MOUNTAIN VALLEY DEVELOPMENTAL SERVICES $10,000.00 $1,860.00 $2,000.00
The requested support would be used to provide
services to adults and children in the Town of Avon.
These services include a robust menu of Day Services
that emphasize community integration such as regular
visits to the recreation center, library, and shopping at
local establishments by the residents of Avon served by
MVDS as well as transport for these residents to their
day program site in Minturn and transport for
themselves and their peers from other neighboring
communities to partake in the activities mentioned
above. MVDS is also requesting in-kind support in the
form of 300 day passes for the Avon Recreation Center
for use by adult individuals in the MVDS program, valued
at $1,860.
$7,500.00 $1,860.00
The Committee recommends awarding $7,500 to support
the stated programs. The Committee also recommends
awarding 12 25-punch cards to the Avon Rec Center, which
is in line with the in-kind awarded in FY2019.
RED RIBBON PROJECT $1,200.00 $54.00 $1,000.00 $1,000.00 $1,000.00 $750.00
The requested support is for their Youth Skills Building
program. Red Ribbon Project is also requesting in-kind
support in the form of one 5-punch Avon Rec Center
punch card, valued at $54.
$1,200.00 $54.00 The Committee recommends awarding the requested
amount, as well as the requested in-kind support.
SOS OUTREACH $7,500.00 $4,000.00 $2,000.00
SOS Outreach is requesting $5,000 in support for their
progressive outdoor, mentor-based programs for 550
underserved Eagle County youth during the 2019-20
program year. They are also requesting$2,500 for
sponsorship of the 2019-20 program graduation
ceremony for Eagle County.
$7,500.00
The Committee recommends awarding $7,500 to support
their progressive outdoor, mentor-based programs. The
Committee did not agree to provide any funding for
sponsorship of the graduation ceremony.
SPEAKUP REACHOUT $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00
The request is for $5,000 to support their suicide
prevention and stigma reduction initiative in English and
Spanish.
$5,000.00 The Committee recommends awarding $5,000 to support
the stated initiative.
VAIL MOUNTAINEER HOCKEY CLUB $3,000.00 $74.00 $1,500.00
The requested support is for the Vail Mountaineer
Hockey Club Scholarship Program. They are also
requesting in-kind support in the form of one 10-punch
card to the Avon Rec Center, valued at $74.
$3,000.00 $74.00
The Committee recommends awarding $3,000 to support
the stated program. In addition, the Committee
recommends awarding the requested in-kind support.
ATTACHMENT 3 - 2020 COMMUNITY GRANT PROGRAM
REQUESTS AND RECOMMENDATIONS FUNDING SUMMARY
TOTAL CASH AWARDED IN 2019 = $146,000 ($144,000 CASH AWARDS and $2,000 CONTINGENCY)
2020 NOT-TO-EXCEED AMOUNT = $153,000
ATTACHMENT 3
ORGANIZATION 2020 CASH REQUEST 2020 IN-KIND REQUEST 2019 CASH AWARD 2018 CASH AWARD 2017 CASH AWARD 2016 CASH AWARD EXPLANATION OF FUNDING REQUEST COMMITTEE CASH RECOMMENDATION COMMITTEE IN-KIND RECOMMENDATION COMMITTEE COMMENTS/CONDITIONS OF FUNDING
ATTACHMENT 3 - 2020 COMMUNITY GRANT PROGRAM
REQUESTS AND RECOMMENDATIONS FUNDING SUMMARY
TOTAL CASH AWARDED IN 2019 = $146,000 ($144,000 CASH AWARDS and $2,000 CONTINGENCY)
2020 NOT-TO-EXCEED AMOUNT = $153,000
VAIL VALLEY ART GUILD $6,000.00 $4,000.00 $4,400.00 $5,260.00
VVAG is requesting support for their year-round
program, "Art the Valley", which is the umbrella name
for the programs and event to promote awareness and
growth of the visual arts in the community.
$6,000.00 The Committee recommends awarding $6,000 to support
the stated program.
YOUTHPOWER365 $18,000.00 $15,000.00 $20,000.00 $15,000.00 $20,000.00
YouthPower365 is requesting $5,000 for their PwrHrs
program, $5,000 for their Magic Bus program, and
$5,000 for their Parent Mentors program. In addition,
they are requesting $3,000 to boost their PwrOn
activities that benefit Avon youth. These include: 1)
Camp College, a two-week camp provides low-income
families with training to complete college applications,
financial planning and FAFSA completion, and
exploration of majors; 2) mentoring as part of our
gender-specific programming Girl PowHER and The Boys;
3) precollegiate support for PwrHrs students entering
high school and charting a path toward post-secondary
goals; and 4) the administration of the Dollars for
Scholars program which distributed $15,000 in college
scholarships to Avon students last year.
$18,000.00
The Committee recommends awarding the entire
requested amount, including the additional $3,000 to boost
their PwrOn activities. The total recommended award is
$18,000.
TOTAL $92,650.00 $3,772.00 $90,150.00 $3,772.00
ATTACHMENT 3
1 Tuesday, October 1, 2019 Planning and Zoning Commission Meeting Abstract
Planning & Zoning Commission
Meeting Abstract
Tuesday, October 1, 2019
I. Call to Order – 5:00pm
II. Roll Call
III. Conflicts of Interest
IV. Additions & Amendments to the Agenda
V. Master Sign Program Amendment – The Seasons Building – PUBLIC HEARING
File: SGN19007
Applicant: Monte Park with Sign Design & Awnings
Property: Lot 62/63 Block 2 Benchmark at Beaver Creek / 137 Benchmark Road
Summary: Application to amend the sign program to allow for different locations and types of
signs.
Action: Commissioner Nusbaum motioned to continue the item to the October 15.
Commissioner Dammeyer seconded the motion and it carried unanimously 4-0.
VI. Work Session – Tract G Outdoor Instruments
Property: Tract G, Block 2, Benchmark at Beaver Creek Subdivision / Nottingham Park and Avon
Civic Area
Summary: Work session to add outdoor musical instruments on somewhere on the Tract.
Action: The commissioners agreed that the best location for the music instruments was the
location south of the Recreation Center.
VII. Consent Agenda
A – PZC Meeting Minutes – September 17, 2019
B – Record of Decisions: PUD19002 & VPR19001 - Riverfront PUD
MJR19004 – 5032 Wildridge Road East house
MJR19005 – Walking Mountains Dorms
MNR19026 – Nottingham Park Fence
Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner
Hardy seconded the motion and it carried unanimously 5-0 with commissioner Barnes
abstaining.
VIII. Staff Discussion – Joint Town Council work session topics
Action: The PZC mentioned the provision of an off-leash dog park as a potential topic for the
joint session on November 19, 2019.
2 Tuesday, October 1, 2019 Planning and Zoning Commission Meeting Abstract
IX. Staff Approvals – MNR19022 -Riverfront artificial turf
MNR19023 – 5177 Longsun Landscaping
MNR19024 – 2825 Ked Spur Landscaping and deck
MNR19025 – 2802 Shepherd Ridge Painting
X. Adjourn
M E M O R A N D U M
TO: Board of Directors
FROM: Catherine Hayes, Board Secretary
DATE: Oct. 2, 2019
RE: Summary of Authority’s Sept. 26, 2019, Board Meeting
The following is a summary of items discussed at the Sept. 26, 2019, Authority Board Meeting:
Board members present and acting included: Chair George Gregory, Vice Chair Sarah Smith Hymes, Secretary
Kim Bell Williams, Treasurer Geoff Dreyer, directors Pam Elsner and Mick Woodworth.
Water System Impact
Fee Ratification
The board unanimously ratified the approval of the water system impact fee. Such
fee was voted on at the Aug. 22, 2019, board meeting, contingent upon the
approval of the Town of Avon council. While individual member approval was not
required, the town did consider and approve the fee at its late August meeting.
Eagle River Village
Mobile Home Park
Water System Update
Director Woodworth showed a recent photo of water at the Eagle River Village
mobile home park. The photo depicted brown water in a bathtub; though the water
meets state water quality regulations, the board agreed that the current quality is
unacceptable for residents. Discussion ensued regarding ongoing efforts to work
with the park owner to connect to the Authority’s system or greatly improve the
current system in the park. Jason Cowles will continue to monitor these
discussions.
Eagle River
Watershed Council
Funding Request
Holly Loff presented information on the past year’s efforts by the Eagle River
Watershed Council. She highlighted the Authority’s funding: $25,000 for water
quality monitoring and assessment, and $25,000 towards the unrestricted fund
balance. She outlined the various projects that were accomplished last year,
including ongoing water quality efforts related to the Eagle Mine and Black Gore
Creek; community cleanups; education and outreach; and a variety of others. The
board unanimously approved $50,000 in funding for 2020, which is included in the
2020 budget that will be approved in the coming months.
Board Member Input The board discussed access to board meeting materials and meeting recordings.
The Authority and District boards follow the state archivist’s recommendation for
retention and destruction, which requires public meeting recordings be saved for six
months after approval of that meeting’s minutes. The board suggested information
on the District’s website regarding how to request meeting recordings and the
retention schedule for such recordings.
General Manager
Report
Linn Brooks reported that the Hahnewald Barn deconstruction is proceeding; there
is still much reclaimed wood on the site, and local wood sales are still in progress.
Staff continues to work with Holy Cross Energy on its peak demand rebate
program; since July, the District and Authority have received nearly $15,000 in
rebates for reducing energy use during peak demand times. This is in addition to
the savings from greatly reduced electric use during these times.
Proposition DD The board unanimously approved a resolution in support of Proposition DD, which
will be on the November ballot. This proposition would legalize sports betting and
create a revenue stream for projects identified in Colorado’s Water Plan.
Summary of Authority’s Sept. 26, 2019, Board Meeting Page 2 of 2
Cordillera Valley Club
(CVC) PUD
Jason Cowles discussed a request from a developer to add additional units in the
CVC area. CVC is exceeding the water use in its augmentation plan, and
discussion ensued regarding how to proceed with the new request and how to get
the original PUD aligned with the water rights originally dedicated.
Traer Creek License
Agreement
Jason Cowles and Jim Collins reported that the License Agreement with Traer
Creek was finally executed. This allows the Authority access to the area
surrounding the tank for site analysis and staging purposes for demolition and
construction of a new tank.
Communications
Update
Diane Johnson updated on various topics, including Colorado River Compact
matters. The 2007 Colorado River interim guidelines for lower basin shortages will
expire in 2025; renegotiation of the guidelines will begin next year. This set of
guidelines inform the coordinated operation of Lakes Powell and Mead. Recent
regional discussions have focused on who pays for the cost of the projects and
water use, and that the consequences seem removed from the areas in which the
excessive use is happening.
Berry Creek Booster
Pump Station
Replacement
Jeff Schneider discussed the needed replacement of the Berry Creek BPS; there
have been some administrative holdups in the permitting process with the county.
Staff is working with the county to expedite the process, as this 40-year-old station
is at high risk of failure. The board unanimously approved a motion to authorize
execution of an encroachment agreement and acceptance of easement from the
Berry Creek Metropolitan District for the pump station project.
Authority Water
Rights Appraisal
Glenn Porzak reported a recent review of the Authority’s water rights and said the
value of the Authority’s water rights is over $56 million.
Wolford Mountain
Reservoir Exchange
Glenn Porzak noted execution of the final decree by the water referee to make
absolute a portion of the Authority’s Wolford Mountain Reservoir exchange.
Waters of the US
(WOTUS) Rule Appeal
Glenn Porzak reported a full repeal of the W OTUS Rule, which was first introduced
in 2015 and challenged by many states because if would have expanded the scope
of permitting authority to water bodies that are disconnected from streams and
rivers or have only intermittent flow. The rule never went into effect due to the many
legal challenges.
Piney River Unit The board unanimously approved an agreement to extend the date of the Piney
Rive Unit, a water right owned by the Authority, District, and Colorado River District.
This gives those entities an additional six years by which to reach agreement with
Denver Water on a Wolcott Reservoir.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 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 4:00 p.m. A roll call was taken, and Council members
present were Jennie Fancher, Scott Prince, and Tamra Underwood. Council members Jake Wolf, Amy
Phillips, and Chico Thuon were absent. Also present were Town Manager Eric Heil, Town Attorney Paul
Wisor, Police Chief Greg Daly, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Deputy
Town Manager Preston Neill and Town Clerk Brenda Torres.
2. STUDY SESSION: REVIEW OF CIP PLAN AND EXISTING TOWN PLANS
Start time: 00:00:20 Part One
A review on current and proposed town improvement plans was presented by Town Manager Eric Heil.
Mayor Pro Tem Phillips arrived at 4:49 p.m.
Councilor Wolf arrived at 4:57 p.m.
3. APPROVAL OF AGENDA
Start time: 00:50:09 Part One
Mayor Smith Hymes requested the addition of a discussion on the Colorado Classic and whether Council has
interest in serving as a host city next year. Council agreed to add the item as Business Item 6.8. Mayor Smith
Hymes asked for the presentation item by Eagle County Paramedic Services to be removed from the agenda.
Council discussed discussing the Project THOR Written Report at an upcoming Council meeting. Councilor
Underwood moved to amend and approve the agenda as noted. Councilor Fancher seconded the motion
and the motion passed on a vote of 5 to 0. Councilor Wolf was out of the room. Councilor Thuon was absent.
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
No conflicts of interest related to the agenda were disclosed.
5. PUBLIC COMMENT
No public comments were made.
6. BUSINESS ITEMS
6.1. PRESENTATION: EAGLE COUNTY PARAMEDIC SERVICES AND THE GALLAGHER AMENDMENT
(CHRIS MONTERA, EAGLE COUNTY PARAMEDIC SERVICES)
This presentation did not take place.
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)
Start time: 00:53:58 Part One
Mayor Smith Hymes opened the public hearing and no comments were made. With the amendment to
clarify the max density residential explanation of 4 ADU's per acre but not less than 4 ADU's per lot at the
discretion of the owner, Councilor Underwood moved 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.
Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously by Council members
present. Councilor Thuon was absent.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
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)
Start time: 01:11:34 Part One
Mayor Smith Hymes opened the public hearing and no comments were made. Councilor Fancher moved
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). Mayor Pro Tem Phillips seconded motion and the
motion failed on a split vote of 3 to 3. Councilor Thuon was absent. Councilor Prince, Mayor Smith Hymes
and Councilor Wolf voted no. Councilor Prince moved to continue the Public Hearing and First Reading
of Ordinance 19-08 to the October 10, 2019 Council meeting. Councilor Wolf seconded the motion and
the motion passed on a vote of 4-2. Mayor Pro Tem Phillips and Councilor Underwood voted no. Councilor
Thuon was absent.
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)
Star time: 00:00:03 Part Two
Various direction was given on the enforcement of park rules. The event-related discussions on event
security and dogs at special events were continued to a time when CASE Manager Danita Dempsey is
available to attend the meeting.
Councilor Chico Thuon arrived at 6:25 p.m.
6.5. WORK SESSION: PLASTIC REGULATIONS (DEPUTY TOWN MANAGER PRESTON NEILL)
Start time: 00:59:47 Part Two
Kim Schlaepfer with the Climate Action Collaborative and Melissa Kirr with the Walking Mountains
Science Center gave a presentation about Environmental Impacts of Plastics and Polystyrene in Waste
Streams.
Councilor Wolf moved to 1) Direct staff to implement rules banning plastic and polystyrene-based
products for purchase and use on Town property, 2) Draft an ordinance, conditioned on the removal of
the local government preemption in C.R.S. 25-17-104, that would ban the use of polystyrene in the Town
of Avon, and 3) Initiate the process of contacting state legislators and other community leaders to
encourage the removal of the local government preemption in C.R.S. 25-17-104 and to encourage efforts
to reduce the use of plastic and polystyrene-based products. Councilor Fancher seconded the motion and
the motion passed unanimously.
6.6. FIRST READING ORDINANCE 19-07 ENACTING CAMPAIGN FINANCE REGULATIONS
(DEPUTY TOWN MANAGER PRESTON NEILL)
Start time: 02:06:19 Part Two
Mayor Smith Hymes invited the public to comment and no comments were made. Councilor Underwood
moved to approve, with the correction of the typo noted, First Reading of Ordinance 19 -07, Enacting
Chapter 1.14 of Title 1 of the Avon Municipal Code Pertaining to Campaign Finance. Mayor Pro Tem
Phillips seconded the motion and the motion passed on a vote of 5 to 2. Councilor Wolf and Councilor
Thuon voted no.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
6.7. APPROVAL OF MINUTES FROM SEPTEMBER 10, 2019 REGULAR COUNCIL MEETING
(TOWN CLERK BRENDA TORRES)
Start time: 02:35:07 Part Two
Councilor Fancher moved to approve the minutes from the September 10, 2019 Regular Council meeting.
Mayor Pro Tem Phillips seconded the motion and the motion carried on a vote of 6 to 1. Councilor Wolf
voted no.
6.8. MEETING ADDED ITEM: 2020 COLORADO CLASSIC DISCUSSION
Start time: 02:35:26 Part Two
Eric Heil said the organizers of the Colorado Classic bike race recently announced that they are planning
to do the event next year. The organizers asked Eric to gauge Council interest in Avon serving as a host
city for next year's race. Consensus among Council was to support the race coming back to Avon next
year.
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
Start time: 02:47:49 Part Two
Councilor Underwood gave a reminder about the next Council meeting being held on Thursday, October
10th.
Councilor Fancher thanked staff for their efforts to put on the recent Community Picnic. She also gauged
Council interest in pursuing a ban on flavored vape cartridges. The majority of Council did not favor
pursuing a ban at this time.
Councilor Wolf read a quote from lyricist Robert Hunter who recently passed away.
Mayor Smith Hymes reported on the Mountain Pact and her recent trip to Washington DC to lobby for
the Land and Water Conservation Fund.
9. EXECUTIVE SESSION
Start time: 02:52:52 Part Two
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 PURPO SE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS REL ATED TO THE
WILDRIDGE P ROTECTIVE COVENANTS PURSUANT TO C.R.S. SECTION 24-6-402(4)(B)
Executive Session began at 8:49 p.m. and ended at 9:29 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
10. A DJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:30 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
WRITTEN REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Preston Neill, Deputy Town Manager
Ad Hoc Review Committee:
Eric Heil, Town Manager
JK Perry, High Five Access Media
Kim Schlaepfer, Climate Action Collaborative
Sarah Smith Hymes, Mayor
Pam Warren, Avon resident
Liz Wood, Communications Manager
Date: October 10, 2019
Agenda: Update on 2020 Community Grant Awards, as Recommended by the Ad Hoc Review
Committee
COUNCIL DIRECTION:
For purposes of efficiency, this memorandum has been prepared as a written report to notify Council of
the Ad Hoc Review Committee’s funding recommendations for the 2020 Town of Avon Community
Grant Program. If Council has any questions or desires to discuss any aspect of the 2020 Community
Grant Award Recommendations before the recommended amounts are forwarded to the 2020
Proposed Budget, please raise this written report for discussion during Tuesday’s Council meeting. The
2020 Budget is scheduled for Public Hearing and adoption on December 10, 2019.
SUMMARY:
On July 29, 2019, the application materials for the 2020 Town of Avon Community Grant Program, found
in Attachment 1, were advertised for a 28-day period. The advertisement was posted on the Town’s
website and a press release was issued on July 29, 2019 announcing the availability of the application
materials. The advertisement was also periodically posted on the Town’s social media accounts over the
course of the 28-day period. In all, the Town received 16 funding applications.
At the August 27, 2019 Council meeting, Council reviewed a written report, included as Attachment 2,
that updated Council on the 2020 Town of Avon Community Grant Program. Staff received direction to
set $153,000 as the maximum amount of money for 2020 Community Grant Program funding that the
Ad Hoc Review Committee’s funding recommendations cannot exceed.
The Ad Hoc Review Committee met on September 20, 2019 to review the submitted applications. The
review focused on the Proposal Review Criteria included in the application materials. Committee
members took into account proposals that provided the most public benefit to Avon residents and
visitors, as well as programs that fell in line with the Town of Avon 2019 Strategic Plan. Past funding
levels, available funds, potential for on-going requests, filling a funding or service gap and general
priorities for all applications were also considered in the funding level recommendation, which has been
provided in this packet for Council consideration.
2020 COMMUNITY GRANT PROGRAM REQUESTS AND RECOMMENDATIONS:
Please find attached Attachment 3, labeled 2020 Community Grant Program Requests and
Recommendations Funding Summary. Attachment 3 includes recommendations for funding (both cash
and in-kind contributions), conditions of funding, if any, and supporting information.
The Ad Hoc Review Committee reviewed 16 applications for funding in 2020, totaling $92,650 in cash
requests and $3,772 for in-kind contributions. The Committee has recommended funding in the total
amount of $90,150 in cash and $3,772 for in-kind contributions. Community Grant Program cash funding
in 2019 equaled $146,000.
ATTACHMENTS:
Attachment 1 – 2020 Town of Avon Community Grant Program – Application Materials
Attachment 2 – Written Report: 2020 Town of Avon Community Grant Program Update
Attachment 3 – 2020 Community Grant Program Requests and Recommendations Funding Summary
PO Box 975
One Lake Street
Avon, CO 81620
July 29, 2019
RE: 2020 Town of Avon Community Grant Program
Dear Potential Applicant:
The Town of Avon welcomes applications from organizations and agencies seeking funding for
programs, projects, services or activities that support the Town’s stated priorities in the Town of Avon
2019 Strategic Plan. In addition to providing the Strategic Plan, this packet includes important
information to help your organization apply for Town funding, including application submission
requirements, review criteria and the application schedule.
While the Town of Avon will look at every opportunity for advancing partnerships with organizations in
Avon to advance the Strategic Plan, monies to outside agencies are prioritized with all operational,
service, and facility needs of the Town through the annual budget. In Fiscal Year 2019, the Avon Town
Council approved $146,000 in funding for community grants. This funding level is again targeted in 2020,
but it is not guaranteed and is in the complete discretion of the Town Council.
The 2020 funding decisions will be based solely upon an organization’s written application. No
interviews with applicants will be held. An Ad Hoc Review Committee, comprised of citizens representing
businesses and nonprofits, plus several Town staff persons will review all applications and make the
funding recommendations. The Ad Hoc Review Committee’s funding recommendations will be
incorporated into the annual proposed budget, which Council will take action on during a public hearing
tentatively scheduled for December 10, 2019.
The following materials include all the information needed to prepare a funding application:
• 2020 TOWN OF AVON COMMUNITY GRANT PROGRAM: SUPPORTING THE TOWN OF AVON 2019 STRATEGIC
PLAN
• APPLICATION REQUIREMENTS & SUBMITTAL GUIDELINES
• TOWN OF AVON 2019 STRATEGIC PLAN
THE APPLICATION DEADLINE IS AUGUST 26, 2019, 5:00 PM
If you have any questions, please feel welcome to call 970-748‐4404 or email pneill@avon.org.
Sincerely,
Preston Neill
Deputy Town Manager
ATTACHMENT 1
2020 Town of Avon Community Grant Program
Page 2 of 6
2020 TOWN OF AVON COMMUNITY GRANT PROGRAM:
SUPPORTING THE TOWN OF AVON 2019 STRATEGIC PLAN
Program Overview
The Town of Avon 2019 Strategic Plan guides the decision-making and provides the structure for
ensuring investments and programs reflect the Town Council’s priorities in achieving the vision and
adopted plans of the Town of Avon. The Town recognizes that outside agencies and organizations
should be considered as important partners in advancing the stated priorities in the plan, and that to
fully build a successful partnership, Town funding may be required either through a direct cash
contribution or with in-kind services. It is through the belief that partnerships are important to meeting
the Town’s strategies, community grants are considered each year.
Eligible Applicants
Non‐profit applicants may apply as a 501(c)(3) or under the umbrella of a 501(c)(3) with a letter of
agreement between the applicant and the umbrella 501(c)(3).
Proposal Review Criteria
1. Town of Avon 2019 Strategic Plan
1.1 Does the proposal’s program/service/activity directly support one or more of the Town of
Avon 2019 Strategic Plan’s priorities and/or on-going objectives?
1.2 How successful will the program/ service/activity be in meeting the priority (priorities)?
1.3 Does the proposal’s program/service address a potential unmet need in meeting the priorities
of the Strategic Plan?
1.4 How many Town of Avon residents will directly benefit from the proposal’s
program/service/activity?
1.5 Does proposal’s program/service/activity have the potential to benefit Avon’s business
community?
1.6 Are the proposed measurements to evaluate the success of the program well defined?
2. Funding Level
2.1 Is the requested support either in cash or in-kind commensurate with expected benefits from
the proposal’s program/service/activity?
2.2 Is the proposal’s program/service/activity funding a one-time support request or creating a
longer term need for Town funding?
2.3 If the applicant has received Town funding for more than one year, is the proposal’s funding
request to the Town increasing, being reduced, or falling as a percent of all
program/service/activity revenues?
2.4 How successful is the applicant in bringing in other funding partners?
ATTACHMENT 1
2020 Town of Avon Community Grant Program
Page 3 of 6
APPLICATION REQUIREMENTS & SUBMITTAL GUIDELINES
THE APPLICATION DEADLINE IS 5:00 P.M. ON MONDAY, AUGUST 26, 2019
Application Requirements: (Please do not exceed three pages)
1. Program Title___________________________________________________________
2. Agency ________________________________________________________________
2.1 Contact Person__________________________
2.2 Title___________________________________
2.3 Phone_________________________________
2.4 E-mail_________________________________
2.5 Address________________________________________________________
3. Dollar amount granted by the Town of Avon for 2018 (if applicable): $_________________
4. Dollar amount granted by the Town of Avon for 2019 (if applicable): $_________________
5. Dollar amount requested for 2020 (if applicable): $_________________
6. Description of in-kind services granted over the past two years, and requested for 2019, if
applicable:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
7. Please provide the following information to help us assess your agency’s current non-profit
status:
7.1 Current Federal Employer Identification Number_________________________
7.2 Has received a non-profit status from the IRS? Yes _____ No _____
8. What is the mission of your organization?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
ATTACHMENT 1
2020 Town of Avon Community Grant Program
Page 4 of 6
9. Please provide a detailed description of the program, event or service for which Town of Avon
support is being requested.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
10. How does the proposed use of Town support further one or more of the Town of Avon 2019
Strategic Plan priorities and/or on-going efforts?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
11. For the program or service requesting funding, how many Town of Avon residents will be
directly benefited? How many Town of Avon residents received a direct benefit in 2018 and
2019, if applicable?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
12. Please attach your anticipated detailed line item budget for the requested 2020 support,
including in the revenues all other funding partners. Funds are not available for capital
improvements, equipment or supplies. Include when funds are needed for payment.
13. If a non-profit, attach a budget for your agency for this same time period.
ATTACHMENT 1
2020 Town of Avon Community Grant Program
Page 5 of 6
14. How will you measure the success of the program or service for which funding is requested?
Please include clear objectives, outcomes, metrics and expectations.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
15. How did you determine the need for the requested program or service?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
16. Please attach the most recent fiscal year-end financial statements reflecting your agency’s
beginning and ending balances for the year.
17. Please list all anticipated funding sources for the current (2019) and coming year (2020). Be sure
to highlight any opportunities to leverage Town funds with external funds.
18. If your organization received funding from the Town of Avon in 2019, it is mandatory that you
provide a progress or final report on the funded activity or program. The report must include
revenues and expenditures, including other outside revenue support. Please address all
conditions stated in the Town of Avon Letter of Agreement you received, which announced your
funding award. This submittal is not included in the three (3) page application limitation.
I affirm that all of the information included in this application, its attachments, and its
supplemental documents is true and correct to the best of my knowledge.
_______________________________________________ _________________________
Authorized Signatory Date
Printed Name: _____________________________________
ATTACHMENT 1
2020 Town of Avon Community Grant Program
Page 6 of 6
Application Submittal Guidelines:
1. Send the completed application, via email as a PDF document, to Preston Neill at
pneill@avon.org.
2. Number each item in the application to correspond to the Application Requirements stated
above.
3. Do not exceed three (3) pages.
4. Only one application may be submitted per organization.
5. Incomplete or late applications will not be considered.
Please note that no additional materials will be accepted.
Do not send newspaper clippings, letters of support or promotional materials.
Review Process & Schedule:
July 29, 2019 2020 Town of Avon Community Grant Program
Application Materials Available
August 26, 2019 Deadline for Applications
Week of September 16, 2019 (tentative) Funding Recommendations by Ad Hoc Review
Committee
October 30, 2019 (tentative) Council Budget Retreat to Review and Provide Direction
on 2020 Community Grant Program Funding, as
Recommended by the Ad Hoc Review Committee
December 10, 2019 (tentative) Public Hearing and Adoption of 2020 General Fund
Budget
December 2019 Notification of Awards
Disclosures to all applicants:
• Funds will not be available until after January 1, 2020, and may be dispersed in installments, if
awarded.
• Notification of awards will be sent after the Town Council approves the final budget, currently
scheduled for December 10, 2019.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
TOWN OF AVON
2019 STRATEGIC PLAN
Adopted by the Avon Town Council
Resolution 18-14, Series of 2018
October 23, 2018
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
1
Purpose of the Strategic Plan
The Strategic Plan is developed and adopted to guide decision-making and provide the structure for
ensuring that investments and programs reflect Council priorities in achieving the vision and adopt ed
plans of the Town of Avon. Updated each year to reflect the priorities of the Town Council, the adopted
Strategic Plan provides the Avon community information about the important work planned by the Town,
over the planning period. Once the Strategic Plan is adopted, a budget is prepared to meet the program,
followed by each department submitting a business work plan to the Town Manager, identifying the
timing and process for implementing each strategy. Progress on the work plans are monitored to ensure
outcomes are met.
• The Comprehensive Plan is the key leadership planning document of the Town and leads the
Strategic Plan’s Vision, with the identification of tactical actions to meet the Vision.
• In July of 2018, the Town Council provided the opportunity for residents and businesses to identify
the most important issues in the Town through civic engagement outreach at open houses and
through a Community Survey. The results have aided the Council in identifying priorities over the
next several years and have provided information as to other methods to engage the public in the
vision and strategic planning of the Town.
The Strategic Plan is organized as follows:
• The Strategic Plan Vision provides a dynamic overview describing the way of life in Avon, the
values the community holds and serves as a comprehensive statement regarding the focus and
directed outcomes of the Town’s work. The Vision is directed by the Comprehensive Plan.
• From the Strategic Plan Vision, four key outcomes have been identified to set the prioritized work
of the Town. The four outcomes, with successes and strategies to achieve each vision are detailed,
resulting in a Strategic Plan.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
2
Strategic Plan Vision
“Avon’s vision is to provide a high quality of life, today and in the future, for a diverse population;
and to promote their ability to live, work, visit and recreate in the community.”
TOWN OF AVON COMPREHENSIVE PLAN, ADOPTED MAY 23, 2017
The Town of Avon is a strong community, focused on families and workers while building on its strengths
to become a nationally and internationally recognized year-round mountain resort community. Avon is
surrounded by natural beauty and the stewardship of our natural resources is a high priority. Avon is
committed to providing a high level of municipal services for our citizens and visitors that reflect its values
and commitment to the environment. Avon will expand its cultural, recreational and educational offerings
in partnership with our broader community and regional public and private sector agencies, thereby
ensuring sustained economic vitality and a vibrant community experience.
A dedication to a high standard and a superior level of quality development will provide Avon with a
comparative advantage in the future, and, therefore, Avon will work to attract and promote these types
of developments by ensuring Town plans and incentives are constructed in a manner which provides the
development community clear and timely information; and, by steadfastly maintaining a professional and
solution-oriented municipal business.
The Town will continue to value and support our full-time and part-time resident population by providing
an exceptional level of municipal services and by working to retain existing businesses as the Town seeks
to expand its retail and commercial base, while fostering our sense of community through both our spirit
and the built environment. The importance of vibrancy and activity within the Town will be supported by
attracting an array of new and diverse cultural and recreational events to Avon which are in concert with
the values of our community and serve to nurture a cohesive sense of place and public.
It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness
and efficiency in providing government services and a practiced belief in open and transparent
governance that will lead the successful implementation of this vision for the growth and development of
Avon.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
3
Strategic Plan
Fiscal Year 2019
SUPPORT A STRONG COMMUNITY,
BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY
The Town will continue to value and support our community through a strong and diverse economy, attentive
to business retention and proactively partnering with the private sector to expand Avon’s retail and commercial
base. The Town’s commitment to planning for future growth; to ensuring there is a hierarchy of built forms
to reflect the importance of the Town Center; an openness to new community development trends; and,
recognition of private property interests and the costs of doing business with the Town, sets forth a dynamic
relationship for the successful construction of the built environment and business growth. In its commitment
to supporting a strong, mountain resort community, the Town endeavors to create a visually appealing gateway
to Avon.
RECENT SUCCESSES
▪ Adoption of the Town of Avon Town-Owned Properties Plan
▪ Adoption of the Avon Community Housing Plan
▪ Adoption of the 2017 Town of Avon Comprehensive Plan
▪ Completion of “Fiscal Analysis – Peer Community Comparison or Revenues, Budgets and Services and
Assessments of Real Estate Transfer Tax Impacts” Report
▪ Launch of Tipsy Taxi Program
▪ Avon.org website updated
▪ Discoveravon.org website launched
▪ Launch of Zagster Bike Share Program
▪ Voters approved broadband exemption from SB 05-152
STRATEGIES
Tier 1 Priorities
▪ Meet the Comprehensive Plan Housing goals to 1) Achieve a diverse range of housing densities, styles
and types, including rental and for sale, to serve all segments of the population; and 2) Coordinate
with neighboring communities to provide an attainable housing program that incorporates both
rental and ownership opportunities, which are affordable for local working families.
▪ Meet the goals and objectives of the Avon Community Housing Plan.
▪ Implement the development strategies identified within the adopted Town of Avon Town-Owned
Properties Plan for seven sites including Tract G, Wildridge Fire House, Swift Gulch, the Village at
Avon’s “Park Site,” “School Site” (Lot E), Public Works Site (Lot 5), and the Wildwood Properties.
o Develop an implementation plan.
o Continue working to bring the Hahnewald Barn project from concept through schematic
design for further consideration of relocation. Assist the Planning and Zoning Commission
and Avon Historic Preservation Advisory Board, collectively the Hahnewald Barn Stakeholder
Group, as they review materials and provide formal recommendations to the Council.
Council will make final decisions regarding the design of the project, and authorizing next
steps moving forward.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
4
o Work with Eagle County to ensure a successful transition of the regional recycling center to Lot
5.
o Ensure increased access to the Eagle River.
o In the interim, construct cleaning and minor facility upgrade budgets for Fire Station 7 and the
Wildridge Fire Station for renting to workers and/or working families, with consideration of terms
which allow for future renovation.
o Evaluate the development of an Ad Hoc Committee to evaluate the expansion of the Avon
Recreation Center for the purposes of: 1) involving community in one of the most used and
expensive community assets, (2) determining the best uses as desired by the community for the
expansion, and (3) allowing a community based support for any taxing ballot question to be
established on a grass-roots basis.
▪ Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with transit,
parking and wayfinding.
o Complete the Beaver Creek Boulevard Streetscape Improvements Project.
o Complete the Town of Avon Multimodal Transportation and Parking Plan
o Nottingham Road/I-70-Avon Road Underpass Improvements – Design 1) Nottingham Road
drainage improvements to mitigate mud and debris flows; 2) Pedestrian safety improvements
including crosswalks and sidewalks; and 3) I-70-Avon Road Underpass Safety/Beautification Entry
Improvement. Bid and Construct as designs and funding are approved.
o Fully support Avon transit as a key element of a walkable community; stay attentive to the
potential role of autonomous cars.
o Participate in the development of the ECO Transportation Development Plan and work with the
ECO Board to advance Avon initiatives, such as increasing to late night bus service to serve
workers.
▪ Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home
sizes.
▪ Maintain the Zagster bike share program, monitor and report on challenges and successes. Explore
expansion of stations, sponsorship opportunities, and partnerships with outside organizations.
▪ Define a broadband strategy and develop a broadband plan that identifies current assets and
community needs to assist in developing architectural alternative concepts and cost opinions. Once
preferred alternatives are identified and a roadmap is put in place, move into the planning phase.
▪ Work progressively with the Union Pacific Railroad to: 1) Verify the railroad ROW through Avon; 2)
Gain permits for needed pedestrian infrastructure on WBCB; 3) Sustain continual clean-up of the
railroad ROW; 4) Address the Richardson Ground Squirrel population; and 5) Explore opportunities
for a cross-country ski track and allowing railbikes from Edwards to Minturn.
Tier 2 Priorities
▪ Evaluate the formation of a special improvement district to improve the facades of the Avon Center,
Comfort Inn, First Bank, and other properties along E/W Beaver Creek Boulevard, including but not
limited to landscaping, streetscape and beautification programs. Include development of public
spaces in the district assessment.
▪ Evaluate whether Avon should pursue a Downtown Development Authority to support economic
development partnerships.
▪ Support Town Council efforts to develop a Sister City relationship.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
5
On-going
▪ Work proactively with the owners of vacant commercial property to find leaseholders and/or
redevelopment projects and, when appropriate, 1) Utilize Urban Renewal Authority tax increments
generated from the existing district or in a potential new Urban Renewal Authority district, and/or 2)
Other economic development incentives including tax rebates, zoning amendments, etc.
▪ Maintain a strong partner relationship with the Avon business community, developers, and county-
wide organizations that enhance the economic vitality of the community.
▪ Consistently issue the Avon Quarterly Business Newsletter and hold annual update meetings with
Avon business owners and representatives.
▪ Support the efforts of the Avon Business Association, when appropriate.
▪ Be aware and proactive in Town projects, programs and day-to-day work in the support, retention
and development of inclusive neighborhoods, with specific attention to the needs and opportunities
for the Avon Elementary School, such as hosting the spring graduation.
▪ In the Town’s Swim Program, when appropriate, include Homestake Elementary students in Avon’s
school programs.
▪ Throughout the year, Liaison Appointees and Town Manager will meet with respective principals for
developments in the Town of Avon to discuss current issues, development needs and opportunities.
▪ Maintain Google Transit maps for local bus schedules.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
6
Strategic Plan
Fiscal Year 2019
PRESERVE & ENHANCE THE NATURAL ENVIRONMENT
Maintaining a strong foundation for the stewardship of Avon’s natural resources is a top commitment by
the Town in order for the Town to protect Avon’s unique setting and its open spaces. Avon will promote
sustainability through the funding of programs and projects to protect the Town’s and the regions clean
waters and clean air and to conserve environmental resources.
RECENT SUCCESSES
▪ Completion of the annexation of the East Avon Preserve
▪ Walking Mountains Conservation Easement
▪ Adoption of the Climate Action Plan for the Eagle County Community and the accompanying
Implementation Schedule
▪ CLEER Building Energy Navigator software installed in Town facilities
▪ Plastic bag ban and paper bag fee adopted by Council and implemented by staff
STRATEGIES
Tier 1 Priorities
▪ From the 2016 Town of Avon Climate Action Plan Implementation Schedule, adopted on March 28,
2017, implement the priorities, including but not limited to:
o Establishing the CO2 baseline, modifying municipal buildings and street lights and monitoring.
o Amending the Town’s landscape code to more effectively replace vegetation which has been
removed and improve water quality in drainages, streams and along in the Eagle River.
o With the expertise of the UERWA, developing outdoor landscape guidelines/regulations to
reduce water use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River.
o Adopt a paperless strategy to reduce waste and support files, etc.
o Take the lead role in working with the UERWA to assess and potentially partner with the Aspens
Mobile Home Village to improve and/or replace the property’s water distribution system to
eliminate water loss.
o Partnering with Walking Mountains Science Center and Eagle County to expand the Energy Smart
Program and community educational outreach.
o Promote investment and use of energy efficient vehicles, including electric vehicles, by
evaluating opportunities to add vehicle charging stations throughout the Town of Avon.
▪ Evaluate ways to achieve the Town’s adopted goal to “develop and implement a program to run the
Town of Avon – Municipality with 100% renewable energy.”
▪ Identify and prioritize which municipal and/or land use codes should be revised to fully implement
the Plan, including but not limited to a re-evaluation of the Alternative Equivalent Compliance
regulation to include a stronger nexus, with specific metrics for performance to the Climate Action
Plan and Avon’s housing goals.
▪ Develop, with consultant services, the Harry A. Nottingham Landscape Plan, including in the plan
timely replacement of the Town's public tree stock; invite Walking Mountains to evaluate biosphere
enhancements to the northwest corner of Nottingham Lake during the planning process.
▪ Proactively ensure trees on public and private property do not host and spread viruses; remove
dead trees with a well-developed landscape program.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
7
▪ Develop a comprehensive Fire Mitigation Plan for Town-owned properties.
▪ Work with the Eagle River Fire Protection District on planning and implementing an emergency
egress for the Wildridge community.
Tier 2 Priorities
▪ Consider adopting a “pay-as-you-throw” refuse system and evaluate franchise agreements for waste
haulers.
▪ At such time as the Eagle County Landfill is prepared to receive compostable collected materials,
evaluate how to implement collection in Avon and prepare a recommendation for Council action.
On-going
▪ Continue serving as an active member of the Climate Action Collaborative to fully implement and
achieve the goals of the Climate Action Plan for the Eagle County Community.
▪ Continue looking for solar panel installation opportunities.
▪ Participate as an active member of the Urban Run-off Group and the Eagle River Watershed Council
to evaluate and support, as appropriate, needed Eagle River improvements.
▪ Work with the Eagle River Water and Sanitation District, as well as other community organizations, to
protect the water quality in the Eagle River for all users.
▪ Continue participation in the Actively Green Certification Program.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
8
Strategic Plan
Fiscal Year 2019
DEVELOP INCLUSIVE & DIVERSE ECONOMIC,
EDUCATIONAL, RECREATIONAL & CULTURAL OPPORTUNITIES
The importance of vibrancy and activity within the Town will be supported by partnering with existing
special events and attracting an array of new and diverse cultural, educational and recreational events to
Avon, which meet the Town’s brand and are in concert with the values of our community and serve to
nurture a cohesive sense of place and public. Providing an exceptional system of parks, trails, and
recreational programs to serve the year-round needs of area residents and visitors is an important Town
goal.
RECENT SUCCESSES
▪ Completion of the Destination Jump, Splash, Learn Playground in Nottingham Park with a GOCO grant and
the appropriation of Community Enhancement Fund monies
▪ Completion of detailed diagrams for all Avon event venues, including but not limited to dimensions,
location of electrical outlets, irrigation system, domestic water hose bib, parking lots, etc.
▪ Completion of Eagle Valley Regional Trail and Metcalf Bike Climbing Lane
▪ Completion of Nottingham Park Restroom Remodel
▪ Appointment of Ad Hoc Special Events Committee
STRATEGIES
Tier 1 Priorities
▪ Under the auspices of the Ad Hoc Special Events Committee, continue to solicit, develop and fund,
in partnership with qualified producers, a diverse program of vibrant arts, educational, cultural and
recreational offerings at the Avon Performance Pavilion and Main Street Mall. In particular:
o Seek to expand live theater as a desired multi-day or evening festival.
o Expand use of the Pavilion in shoulder seasons to local band productions, which are low key
and low budget, such as a battle-of-the-bands or open mike nights.
o Work with Bravo! Vail to pursue performance options at the Avon Performance Pavilion.
o Explore a partnership with the Vail Valley Foundation to provide management of non-Town
produced special events at the Avon Performance Pavilion
o To streamline and assist local and national big city promoters to efficiently produce and market
events:
➢ Develop best marketing practices and marketing advice for event success in Avon, and coop
with any Avon marketing plan, where Avon has provided funding or use of a Town venue.
➢ Establish, for ticketed events, procedures and policies to limit poaching of concerts.
▪ Implement the adopted Avon Recreational Trails Plan as prioritized and adopted by the Avon Town
Council, as soon as possible; and 1) pursue construction grants, when appropriate; and 2) rigorously
seek an easement to construct a connecting trail from the southern terminus of Lake Street to the
Eagle River Regional Trail.
▪ As directed by the Town Council on May 23, 2017, implement the action plan to pursue a Colorado
Creative District designation; budget and retain qualified consultant services for development of a
strategic plan, as may be needed.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
9
▪ Rebuild the Eagle River Whitewater Park.
▪ Evaluate the pros and cons of the Town of Avon using its special event liquor permit quota, as
allowed for events at a Municipal Arts and Cultural Facility, which may include the Main Street Mall,
New Town Hall, Harry A. Nottingham Park and the Avon Performance Pavilion. As part of the
evaluation assess alternatives for forming a (Liquor) Entertainment District or liquor license for
venue premises.
▪ Continue to actively work with the USFS to identify and plan for improvements to USFS 779 and
USFS 717.1B.
Tier 2 Priorities
▪ Build photo monuments around the commercial core to memorialize Avon’s history.
▪ Evaluate a Scientific and Cultural District to provide funding for Walking Mountains Science Center’s
educational programming and Avon’s cultural activities.
▪ Identify locations for the installation of outdoor percussion instruments, including pianos, and fund in the
Capital Projects Fund, when feasible.
▪ Develop a plan for the completion of the Main Street Mall from the existing Mall to Lake Street and
Nottingham Park.
On-going
▪ Maintain Nottingham Park to a high standard and continue to make it the focal point of the
community.
▪ When approving Town funded or supported festivals and events which offer alcoholic libations,
require that the sponsoring non-profit is an Avon community grant recipient or locally based
nonprofit.
▪ Support regional World Class events and the Walking Mountains Science Center.
▪ As appropriate, share the results of the Community Survey with potential business interests in terms
of types of businesses and services desired in Avon.
▪ Support the unmet needs of non-profit organizations in Eagle County, by way of the Town’s annual
Community Grant Program, by welcoming applications from organizations and agencies seeking
funding for programs, projects, services or activities that support the Town’s stated priorities in the
Town’s annual Strategic Plan.
▪ Maximize the grant resources available through potential sources available such as through the
Office of Economic Development and International Trade, including its new Outdoor Industry
Recreation Office; a Scientific & Cultural Facilities District, and Department of Local Affairs.
▪ Participate in the valley-wide events calendar being maintained by the Vail Valley Partnership.
▪ Be creative in activating the Town public ways with ideas such as bicycle pedal bars or a railroad
trolley car.
▪ Schedule Council civic engagement opportunities at the Pavilion Green Room.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
10
Strategic Plan
Fiscal Year 20 19
PROVIDE A RESPONSIVE, CUTTING-EDGE
& EFFECTIVE GOVERNMENT
Ensure that Town government is managed and operated as a competitive business and in a manner which
is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility,
implementing best practices, and using Town resources effectively and efficiently in each
department. Provide for the development of capital projects, which support the community-resort
economy, and promote the Town brand through a five-year capital investment plan, utilizing appropriate
funding mechanisms such as pay-as-you-go, new mill levy and/or current tax receipt long-term debt.
Support a work culture that is flexible, innovative and resilient to change
RECENT SUCCESSES
▪ New Police Station at the Public Safety Facility completed
▪ New Town Hall completed with a LEED Silver Certification
▪ Civic engagement programs expanded
▪ Balanced budgets achieved
▪ Reserves maintained
STRATEGIES
Tier 1 Priorities
▪ Continue implementing the Town of Avon Marketing Plan and Avon Brand Guidelines
▪ Monitor and adjust as needed the comprehensive Community Swim Program.
▪ Identify location(s) and cost(s) for the development of one or more dog parks in Avon or nearby in
partnership with Eagle-Vail.
Tier 2 Priorities
▪ Plan and budget for the development of Lot 5, in the Five-Year Capital Improvements Plan, including adding
a reserve line item for an equipment and vehicle storage facility and future office space.
▪ Update Procurement Code, including revisiting the maximum contract authority for the Town
Manager, reviewing expenditure approval levels, and adding provisions for the disposal of excess or
obsolete property. Also, clarify other areas of authority on easements, leases, property conveyances,
license agreements, etc.
On-going
▪ Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails; appropriating
deferred maintenance funds as required, and seeking long term debt approval, when appropriate.
▪ Provide strategic Council leadership, consistently practicing open and transparent government.
▪ Continue to evaluate staffing levels to ensure a high level of municipal services for our citizens and
visitors.
ATTACHMENT 1
2019 STRATEGIC PLAN
October 23, 2018
11
▪ Continue holding an annual Town Clean-Up Day event during the evening hours of a weekday in the
spring that includes a community gathering after the clean-up event is completed.
▪ Maintain and consistently evaluate a strong civic engagement program, including ad hoc committees,
a triannual community survey, volunteerism program, etc. Look to advance the Town’s partnership
with staff members, parents and students at Avon Elementary School.
▪ Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient to
economic fluctuations; transfer surplus funds to capital projects.
▪ Continue to develop annual department work plans, which are measurable and maintain
accountability.
▪ Hold annual or bi-annual sessions in joint meeting settings with government partners.
▪ Seek a naming sponsor for the Avon Performance Pavilion.
ATTACHMENT 1
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Preston Neill, Deputy Town Manager
Date: August 27, 2019
Agenda Topic: 2020 TOWN OF AVON COMMUNITY GRANT PROGRAM UPDATE
OVERVIEW:
For purposes of efficiency, this memorandum has been prepared as a written report to notify Council of
staff’s recommended approach to the 2020 Town of Avon Community Grant Program. If Council has any
questions or desires to discuss any aspect of the 2020 Town of Avon Community Grant Program, please
raise this written report for discussion during Tuesday’s Council meeting.
SUMMARY:
Application materials for the 2020 Town of Avon Community Grant Program were released on July 29,
2019 and can be found at www.avon.org/communitygrants. The application deadline was August 26,
2019 at 5:00 p.m. The Ad Hoc Review Committee will meet during the week of September 9, 2019 to
review all submitted applications and make funding recommendations. The Ad Hoc Review Committee,
which is appointed by the Town Manager, will be comprised of citizens representing businesses and
nonprofits, as well as various members of Town staff. At the Budget Retreat that will be held of October
30, 2019, staff will present the 2020 Community Grant Program Requests and Recommendations
Funding Summary that will include recommendations for funding (both cash and in-kind), conditions of
funding, if any, and supporting information.
In 2016, the Town Council amended the Community Grant Program’s procedures for solicitation,
evaluation and funding. One of the refinements was the elimination of applicant presentations before
Council. Instead, funding recommendations from an appointed Ad Hoc Review Committee are
incorporated into the annual proposed budget and subject to approval during the annual budget
process.
This year, staff is recommending some additional refinements. Based on the Town’s ongoing partnership
with a few local organizations (e.g., Walking Mountains and Vail Valley Mountain Trails Alliance) and
based on their programs and the services they provide to the community, staff recommends that these
organizations not be required to submit a formal Community Grant Program application. Rather, staff
will recommend contribution amounts for these organizations that we feel are commensurate with the
work they provide to the Avon community. In addition, there are two organizations that have
traditionally submitted an application for community grant funding who staff feels fall under a different
category and no longer fit under the umbrella of the Town’s Community Grant Program. They are the
EGE Air Alliance and the Vail Valley Partnership. Last year’s Ad Hoc Review Committee collectively
recommended that, in the future, contribution requests from these two organizations be treated as
“economic driver”-type contribution requests. Staff intends to include contribution amounts for these
two entities in a separate program titled, “Economic Development”, along with a few other items. As
stated above, staff will recommend contribution amounts for these organizations that we feel are
commensurate with the work they provide to the Avon community.
ATTACHMENT 2
Council will have an opportunity to review and provide direction on the recommended contribution
amounts at the Budget Retreat in October.
In order for the Ad Hoc Review Committee to make recommendations on the applications received, a
target funding amount must be set. The purpose of this memorandum is to make Council aware that
staff’s recommendation is to set the “not to exceed” amount for community grant funding in FY2020 at
$153,000, which is approximately 1% of 2019 General Fund Total Operating Expenditures. A concerted
effort has been made over the last three years to dwindle the “not to exceed” amount for community
grant funding to equal 1% of the previous budget year’s General Fund Total Operating Expenditures. A
funding history chart has been prepared below:
OTHER COMMUNITY GRANT PROGRAMS:
In late 2016 and in advance of the 2017 Town of Avon Community Grant Program, staff researched the
community grant programs of several Colorado municipalities including Aspen, Breckenridge, Estes Park,
Telluride and Vail. At that time, the majority of them utilized some sort of ad hoc committee to review
submitted applications and make funding recommendations. Annual grant funding was across the board
and varied from 1.07% of General Fund Operating Expenditures to 7.19% of General Fund Operating
Expenditures (see chart below).
ATTACHMENT 2
ORGANIZATION 2020 CASH REQUEST 2020 IN-KIND REQUEST 2019 CASH AWARD 2018 CASH AWARD 2017 CASH AWARD 2016 CASH AWARD EXPLANATION OF FUNDING REQUEST COMMITTEE CASH RECOMMENDATION COMMITTEE IN-KIND RECOMMENDATION COMMITTEE COMMENTS/CONDITIONS OF FUNDING
BRIGHT FUTURE FOUNDATION $5,000.00 $740.00 $5,000.00 $4,000.00 $2,500.00 $2,500.00
Bright Future Foundation is requesting $5,000 of support
for Youth Violence Prevention Services and in-kind
support in the form of 10 10-punch cards to the Avon
Rec Center, valued at $740
$5,000.00 $740.00
The Committee recommends awarding $5,000 to support
their Youth Violence Prevention services, as well as the in-
kind request.
BUDDY WERNER LEAGUE $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 Funding would go toward the “Coaches
Certification/Education” line item. $1,000.00 The Committee recommends awarding $1,000 for the
stated line item.
CATHOLIC CHARITIES $3,000.00 $3,000.00 $3,000.00 The requested funding would support their Community
Integration Services program. $3,000.00 The Committee recommends awarding the requested
amount for the stated program.
EAGLE COUNTY HISTORICAL SOCIETY $250.00 $250.00
The requested funding is for Town of Avon Community
Membership in the Eagle County Historical Society. The
money will be used to help support ongoing programs
including guest speakers, the museum operation,
interpretation for exhibits, and the “History Take-Out”
programs at local schools.
$250.00 The Committee recommends awarding the requested
amount.
EAGLE RIVER YOUTH COALITION $5,000.00 $1,044.00 $3,500.00 $3,500.00 $2,500.00 $2,500.00
Funds to support youth assessment activities, family
education efforts, and in-school prevention
programs, youth leadership and advocacy efforts, and
sober communities and activities. In-kind support in the
form of three 5-punch card recreation passes to be
included in a silent auction. Additionally, new in 2020,
ERYC would like to request (3) 6 month recreation
center memberships to support the Namastay Sober
program, keeping people in sobriety connected to
healthy activities and a sober community. The total in-
kind request is valued at $1,044.
$5,000.00 $1,044.00
The Committee recommends awarding $5,000 to support
the stated items and to award the requested in-kind
support.
EAGLE VALLEY LAND TRUST $5,000.00 $1,500.00 $1,000.00
EVLT is requesting the Town of Avon join the other
communities supporting EVLT at the $5,000 level. EVLT
needs funding from the town to support their providing
more robust Outreach and Stewardship programs which
directly and indirectly address 2020 Town Strategic Plan
key outcomes.
$5,000.00 The Committee recommends awarding $5,000 to support
EVLT's Stewardship and Outreach programs.
EDUCATION FOUNDATION OF EAGLE COUNTY $12,500.00 $5,000.00 $4,500.00 $2,500.00
EFEC is requesting $7,500 for their Arts + Music
Classroom Grants, $2,500 for sponsorship of their Wild
West Day event, and $2,500 for their Distinguished
Teacher Awards continuing education financial
assistance program.
$12,500.00 The Committee recommends awarding the requested
amounts for the stated programs, totaling $12,500.
FRIENDS OF MOUNTAIN RESCUE $5,200.00 $4,000.00 $1,000.00
The request is for $5,200 of support for Vail Mountain
Rescue training in 2020. The area of training for which
VMRG would benefit from support is Wilderness First
Responder Certification. In the past each VMRG team
member would be responsible for paying 1/3 of the cost
of a training class. A grant from the Town of Avon would
take away this financial burden for the training
requested.
$5,200.00 The Committee recommends awarding the requested
amount for the stated program.
MOUNTAIN HEALTHCARE COALITION $5,000.00
The request is for the Mountain Healthcare Coalition is
$5,000. The Coalition will include a health purchasing
collaborative that will seek to develop more cost-
effective, sustainable health coverage options for
individuals, insured employers, and self-insured
employers in Eagle County. The Coalition will be
coordinated and led by a new non-profit organization
administered by Vail Valley Partnership. This will be a
one-year request as the aim is for the program to be self-
sustaining upon launch in 2021.
$5,000.00
The Committee recommends awarding the requested
amount for the stated program, with the expectation that a
funding contribution will not be sought from the Town in
2021.
MOUNTAIN VALLEY DEVELOPMENTAL SERVICES $10,000.00 $1,860.00 $2,000.00
The requested support would be used to provide
services to adults and children in the Town of Avon.
These services include a robust menu of Day Services
that emphasize community integration such as regular
visits to the recreation center, library, and shopping at
local establishments by the residents of Avon served by
MVDS as well as transport for these residents to their
day program site in Minturn and transport for
themselves and their peers from other neighboring
communities to partake in the activities mentioned
above. MVDS is also requesting in-kind support in the
form of 300 day passes for the Avon Recreation Center
for use by adult individuals in the MVDS program, valued
at $1,860.
$7,500.00 $1,860.00
The Committee recommends awarding $7,500 to support
the stated programs. The Committee also recommends
awarding 12 25-punch cards to the Avon Rec Center, which
is in line with the in-kind awarded in FY2019.
RED RIBBON PROJECT $1,200.00 $54.00 $1,000.00 $1,000.00 $1,000.00 $750.00
The requested support is for their Youth Skills Building
program. Red Ribbon Project is also requesting in-kind
support in the form of one 5-punch Avon Rec Center
punch card, valued at $54.
$1,200.00 $54.00 The Committee recommends awarding the requested
amount, as well as the requested in-kind support.
SOS OUTREACH $7,500.00 $4,000.00 $2,000.00
SOS Outreach is requesting $5,000 in support for their
progressive outdoor, mentor-based programs for 550
underserved Eagle County youth during the 2019-20
program year. They are also requesting$2,500 for
sponsorship of the 2019-20 program graduation
ceremony for Eagle County.
$7,500.00
The Committee recommends awarding $7,500 to support
their progressive outdoor, mentor-based programs. The
Committee did not agree to provide any funding for
sponsorship of the graduation ceremony.
SPEAKUP REACHOUT $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00
The request is for $5,000 to support their suicide
prevention and stigma reduction initiative in English and
Spanish.
$5,000.00 The Committee recommends awarding $5,000 to support
the stated initiative.
VAIL MOUNTAINEER HOCKEY CLUB $3,000.00 $74.00 $1,500.00
The requested support is for the Vail Mountaineer
Hockey Club Scholarship Program. They are also
requesting in-kind support in the form of one 10-punch
card to the Avon Rec Center, valued at $74.
$3,000.00 $74.00
The Committee recommends awarding $3,000 to support
the stated program. In addition, the Committee
recommends awarding the requested in-kind support.
ATTACHMENT 3 - 2020 COMMUNITY GRANT PROGRAM
REQUESTS AND RECOMMENDATIONS FUNDING SUMMARY
TOTAL CASH AWARDED IN 2019 = $146,000 ($144,000 CASH AWARDS and $2,000 CONTINGENCY)
2020 NOT-TO-EXCEED AMOUNT = $153,000
ATTACHMENT 3
ORGANIZATION 2020 CASH REQUEST 2020 IN-KIND REQUEST 2019 CASH AWARD 2018 CASH AWARD 2017 CASH AWARD 2016 CASH AWARD EXPLANATION OF FUNDING REQUEST COMMITTEE CASH RECOMMENDATION COMMITTEE IN-KIND RECOMMENDATION COMMITTEE COMMENTS/CONDITIONS OF FUNDING
ATTACHMENT 3 - 2020 COMMUNITY GRANT PROGRAM
REQUESTS AND RECOMMENDATIONS FUNDING SUMMARY
TOTAL CASH AWARDED IN 2019 = $146,000 ($144,000 CASH AWARDS and $2,000 CONTINGENCY)
2020 NOT-TO-EXCEED AMOUNT = $153,000
VAIL VALLEY ART GUILD $6,000.00 $4,000.00 $4,400.00 $5,260.00
VVAG is requesting support for their year-round
program, "Art the Valley", which is the umbrella name
for the programs and event to promote awareness and
growth of the visual arts in the community.
$6,000.00 The Committee recommends awarding $6,000 to support
the stated program.
YOUTHPOWER365 $18,000.00 $15,000.00 $20,000.00 $15,000.00 $20,000.00
YouthPower365 is requesting $5,000 for their PwrHrs
program, $5,000 for their Magic Bus program, and
$5,000 for their Parent Mentors program. In addition,
they are requesting $3,000 to boost their PwrOn
activities that benefit Avon youth. These include: 1)
Camp College, a two-week camp provides low-income
families with training to complete college applications,
financial planning and FAFSA completion, and
exploration of majors; 2) mentoring as part of our
gender-specific programming Girl PowHER and The Boys;
3) precollegiate support for PwrHrs students entering
high school and charting a path toward post-secondary
goals; and 4) the administration of the Dollars for
Scholars program which distributed $15,000 in college
scholarships to Avon students last year.
$18,000.00
The Committee recommends awarding the entire
requested amount, including the additional $3,000 to boost
their PwrOn activities. The total recommended award is
$18,000.
TOTAL $92,650.00 $3,772.00 $90,150.00 $3,772.00
ATTACHMENT 3
1 Tuesday, October 1, 2019 Planning and Zoning Commission Meeting Abstract
Planning & Zoning Commission
Meeting Abstract
Tuesday, October 1, 2019
I. Call to Order – 5:00pm
II. Roll Call
III. Conflicts of Interest
IV. Additions & Amendments to the Agenda
V. Master Sign Program Amendment – The Seasons Building – PUBLIC HEARING
File: SGN19007
Applicant: Monte Park with Sign Design & Awnings
Property: Lot 62/63 Block 2 Benchmark at Beaver Creek / 137 Benchmark Road
Summary: Application to amend the sign program to allow for different locations and types of
signs.
Action: Commissioner Nusbaum motioned to continue the item to the October 15.
Commissioner Dammeyer seconded the motion and it carried unanimously 4-0.
VI. Work Session – Tract G Outdoor Instruments
Property: Tract G, Block 2, Benchmark at Beaver Creek Subdivision / Nottingham Park and Avon
Civic Area
Summary: Work session to add outdoor musical instruments on somewhere on the Tract.
Action: The commissioners agreed that the best location for the music instruments was the
location south of the Recreation Center.
VII. Consent Agenda
A – PZC Meeting Minutes – September 17, 2019
B – Record of Decisions: PUD19002 & VPR19001 - Riverfront PUD
MJR19004 – 5032 Wildridge Road East house
MJR19005 – Walking Mountains Dorms
MNR19026 – Nottingham Park Fence
Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner
Hardy seconded the motion and it carried unanimously 5-0 with commissioner Barnes
abstaining.
VIII. Staff Discussion – Joint Town Council work session topics
Action: The PZC mentioned the provision of an off-leash dog park as a potential topic for the
joint session on November 19, 2019.
2 Tuesday, October 1, 2019 Planning and Zoning Commission Meeting Abstract
IX. Staff Approvals – MNR19022 -Riverfront artificial turf
MNR19023 – 5177 Longsun Landscaping
MNR19024 – 2825 Ked Spur Landscaping and deck
MNR19025 – 2802 Shepherd Ridge Painting
X. Adjourn
M E M O R A N D U M
TO: Board of Directors
FROM: Catherine Hayes, Board Secretary
DATE: Oct. 2, 2019
RE: Summary of Authority’s Sept. 26, 2019, Board Meeting
The following is a summary of items discussed at the Sept. 26, 2019, Authority Board Meeting:
Board members present and acting included: Chair George Gregory, Vice Chair Sarah Smith Hymes, Secretary
Kim Bell Williams, Treasurer Geoff Dreyer, directors Pam Elsner and Mick Woodworth.
Water System Impact
Fee Ratification
The board unanimously ratified the approval of the water system impact fee. Such
fee was voted on at the Aug. 22, 2019, board meeting, contingent upon the
approval of the Town of Avon council. While individual member approval was not
required, the town did consider and approve the fee at its late August meeting.
Eagle River Village
Mobile Home Park
Water System Update
Director Woodworth showed a recent photo of water at the Eagle River Village
mobile home park. The photo depicted brown water in a bathtub; though the water
meets state water quality regulations, the board agreed that the current quality is
unacceptable for residents. Discussion ensued regarding ongoing efforts to work
with the park owner to connect to the Authority’s system or greatly improve the
current system in the park. Jason Cowles will continue to monitor these
discussions.
Eagle River
Watershed Council
Funding Request
Holly Loff presented information on the past year’s efforts by the Eagle River
Watershed Council. She highlighted the Authority’s funding: $25,000 for water
quality monitoring and assessment, and $25,000 towards the unrestricted fund
balance. She outlined the various projects that were accomplished last year,
including ongoing water quality efforts related to the Eagle Mine and Black Gore
Creek; community cleanups; education and outreach; and a variety of others. The
board unanimously approved $50,000 in funding for 2020, which is included in the
2020 budget that will be approved in the coming months.
Board Member Input The board discussed access to board meeting materials and meeting recordings.
The Authority and District boards follow the state archivist’s recommendation for
retention and destruction, which requires public meeting recordings be saved for six
months after approval of that meeting’s minutes. The board suggested information
on the District’s website regarding how to request meeting recordings and the
retention schedule for such recordings.
General Manager
Report
Linn Brooks reported that the Hahnewald Barn deconstruction is proceeding; there
is still much reclaimed wood on the site, and local wood sales are still in progress.
Staff continues to work with Holy Cross Energy on its peak demand rebate
program; since July, the District and Authority have received nearly $15,000 in
rebates for reducing energy use during peak demand times. This is in addition to
the savings from greatly reduced electric use during these times.
Proposition DD The board unanimously approved a resolution in support of Proposition DD, which
will be on the November ballot. This proposition would legalize sports betting and
create a revenue stream for projects identified in Colorado’s Water Plan.
Summary of Authority’s Sept. 26, 2019, Board Meeting Page 2 of 2
Cordillera Valley Club
(CVC) PUD
Jason Cowles discussed a request from a developer to add additional units in the
CVC area. CVC is exceeding the water use in its augmentation plan, and
discussion ensued regarding how to proceed with the new request and how to get
the original PUD aligned with the water rights originally dedicated.
Traer Creek License
Agreement
Jason Cowles and Jim Collins reported that the License Agreement with Traer
Creek was finally executed. This allows the Authority access to the area
surrounding the tank for site analysis and staging purposes for demolition and
construction of a new tank.
Communications
Update
Diane Johnson updated on various topics, including Colorado River Compact
matters. The 2007 Colorado River interim guidelines for lower basin shortages will
expire in 2025; renegotiation of the guidelines will begin next year. This set of
guidelines inform the coordinated operation of Lakes Powell and Mead. Recent
regional discussions have focused on who pays for the cost of the projects and
water use, and that the consequences seem removed from the areas in which the
excessive use is happening.
Berry Creek Booster
Pump Station
Replacement
Jeff Schneider discussed the needed replacement of the Berry Creek BPS; there
have been some administrative holdups in the permitting process with the county.
Staff is working with the county to expedite the process, as this 40-year-old station
is at high risk of failure. The board unanimously approved a motion to authorize
execution of an encroachment agreement and acceptance of easement from the
Berry Creek Metropolitan District for the pump station project.
Authority Water
Rights Appraisal
Glenn Porzak reported a recent review of the Authority’s water rights and said the
value of the Authority’s water rights is over $56 million.
Wolford Mountain
Reservoir Exchange
Glenn Porzak noted execution of the final decree by the water referee to make
absolute a portion of the Authority’s Wolford Mountain Reservoir exchange.
Waters of the US
(WOTUS) Rule Appeal
Glenn Porzak reported a full repeal of the W OTUS Rule, which was first introduced
in 2015 and challenged by many states because if would have expanded the scope
of permitting authority to water bodies that are disconnected from streams and
rivers or have only intermittent flow. The rule never went into effect due to the many
legal challenges.
Piney River Unit The board unanimously approved an agreement to extend the date of the Piney
Rive Unit, a water right owned by the Authority, District, and Colorado River District.
This gives those entities an additional six years by which to reach agreement with
Denver Water on a Wolcott Reservoir.